Federal mine safety officials ask for more money to improve oversight

Federal Mine Safety officials testified before a Senate Committee today that they need more resources to ensure another accident such as the one at Upper Big Branch Mine doesn’t occur again.  Massey Energy and federal regulators are under fire after an explosion at the West Virginia mine killed 29 miners.

The Labor Department, which is charged with regulating mine safety, is looking at policy changes that will make oversight more efficient and effective.  Senate Committee Chair Tom Harkin said he is concerned by the current system.

“It just seems to me from all I’ve read and that our committee’s looked at, that under the current system, there just seems to be just every incentive for an operator to challenge just about every citation issued.  They can take advantage of the long delays, put off paying any fines well into the future.  Often these fines are substantially reduced as a result of the contest process, even when the violations are fully supported by the evidence.”

The Mine Safety Commission is recommending changes like discouraging frivolous challenges to safety violation fines by assessing penalties on mining companies for failed appeals.  But Labor Department Solicitor Patricia Smith says the onus of ensuring mine safety cannot rely only on the federal government.

“The problem is fundamentally a health and safety problem.  Mine operators must do a better job of eliminating unsafe conditions in the first place.  If MSHA inspectors can find violations, then mine operators should be able to find them also… and fix them before there are injuries and death.”

The Mine Safety & Health Review Commission is asking for appropriations for more administrative judges to help reduce the 16,000 case backlog.  But officials said, even if the Commission increased its judges from 10 to 26, the caseload would be still be nearly 10,000 after 3 years.

Federal Prosecutors are currently investigating allegations of “willful criminal activity” leading to the tragedy at the Upper Big Branch mine.  Massey CEO Don Blankenship was scheduled to testify today as well, but didn’t do so before FSRN airtime.