Labor & Employment Law

MSHA?s Tough New Inspections Making an ?Impact?

By Mike Hall

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Following the April coal mine explosion at the Massey Energy Co.?s Upper Big Branch (W.Va.) mine that killed 29 miners, the Mine Safety and Health Administration (MSHA) developed a targeted inspection program for mines with troubling safety records.

In the most recent round of inspections in September at 15 coal mines and 15 other mines, federal inspectors issued 499 citations and 61 orders to immediately correct violations.  Since the program began, 141 mines have inspected and more than 2,660 citations and 261 orders have been issued.  Says MSHA chief Joe Main:

We have learned a lot of hard lessons since the explosion at Upper Big Branch Mine. While a number of mine operators receiving impact inspections have taken positive steps to clean up their act, some have refused to take seriously their responsibility to protect their workers and change their ways.

Known as ?Impact? inspections, mines set for tougher inspections include those with a poor history of complying with previous orders to correct unsafe conditions, or that have specific concerns such as record of high numbers of violations or closure orders. The inspections also focus on mines where there has been evasive tactics by mine management, such as advance notification of inspections that prevent inspectors from observing violations and mines with a high number of accidents, injuries, illnesses or fatalities. 

(Click here to read how Massey and other coal companies are spending big bucks this election to defeat candidates who are strong advocates of mine safety and vocal critics of Massey and other companies accused of skirting mine safety laws. They include Jack Conway, who?s running against Republican Rand Paul for U.S. Senate in Kentucky, and two incumbent Democratic House members, Rep. Ben Chandler from Kentucky and Nick Joe Rahall of West Virginia).

According to MSHA, on Sept. 9, MSHA inspectors arrived during the evening shift at Left Fork Mining Co. Inc.’s Straight Creek #1 Mine in Bell County, Ky. They took over the phone between the mine office and undeground to ensure that no advance notification was relayed underground. This mine was cited in April for notifying mining personnel that MSHA inspectors were on site.

Inspectors issued 28 citations and 11 orders for violations of the operator’s roof control plan, not maintaining equipment, improper guarding, electrical infractions and permissibility (which protects against mine explosions). Violations also were issued for inadequate examinations, lack of ventilation controls, not following the mine ventilation plan, accumulations of combustible materials and other conditions

Main says mine operators are obligated to address all the problems that MSHA inspectors identify, yet

some continue to violate standards and place miners at risk. We will continue to target them and other operations that ignore fundamental safety and health laws. At the same time, we are beginning to see signs of improvement at some mines, an indication that these impact inspections are making a difference.

Full post as published by AFL-CIO NOW BLOG on October 24, 2010 (boomark / email).