MSHA myopia: Agency fails to do its duty - protect miners

Article Last Updated: 03/13/2008 10:49:12 AM MDT

Coal miners venture underground with a modicum of protection. Air packs provide an emergency oxygen supply. Helmets protect their heads. And the federal Mine Safety and Health Administration, at least in theory, has their backs.

MSHA approves mining plans, inspects mines and enforces mining laws. Its sole responsibility is assuring the health and safety of the nation's 376,000 miners. But, judging by a report from a U.S. Senate committee investigating the deadly August accident at the Crandall Canyon coal mine in Emery County, the agency is more concerned with the health of the industry, and safeguarding mine owners' profit margins.

According to the Senate Health, Education, Labor and Pensions Committee, MSHA ignored its own engineer, missed significant flaws in the company's engineering analysis, and approved a dangerous mining plan without a thorough review.

Worse, it allowed itself to be "bullied" by a bellicose mine owner, rushing plan approvals and backing off on enforcement activities at the request of Murray Energy officials.

Intra-agency correspondence reveals that Murray Energy CEO Robert Murray began pressuring MSHA and protesting enforcement efforts just days after purchasing the mine in August 2006. And MSHA caved, repeatedly.

In November 2006, when an MSHA engineer refused to approve a dangerous retreat mining plan to scavenge coal from roof support pillars, he was overruled after another MSHA official met with a mine manager.

And, after a resulting roof collapse halted production and forced Murray Energy to move to a different section of the mine, MSHA hurriedly approved another retreat mining plan without a thorough technical review, after being pressed by the company for a quick decision.

It should come as no surprise that Murray pressured the agency, apparently putting profits before safety. That's what coal companies do. That's what MSHA is supposed to prevent.

Critics have accused MSHA, under the direction of Bush recess appointee and industry insider Richard Stickler, of catering to mining companies. The Senate twice refused to confirm the former mine manager, concerned that safety would suffer. And, judging by the events at Crandall Canyon, it has.

It's time to change the culture at MSHA; to refocus on the core goal of protecting coal miners, not coal production. And those changes must start at the top. Stickler, who has served for 17 months without congressional approval, should resign.