Last night, the U.S. Department of Labor Office of the Inspector General (OIG) issued a report stating the Mine Safety and Health Administration (MSHA) has never successfully exercised its pattern of violations (POV) regulation authority, a tool MSHA developed to monitor mine operators’ worker safety and health violations and keep miners safe on the job. Chairman Miller requested the OIG investigate this issue in early April.
This news is distressing in the wake of numerous fatal mine tragedies, including the explosion at West Virginia’s Upper Big Branch Mine in April. In response to the report, Joe Main, assistant secretary of labor for mine safety and health, announced new screening criteria for the pattern of violations enforcement program, but acknowledged that a legislative response is needed to keep miners safe:
Chairman Miller introduced the Robert C. Byrd Mine Safety Act in July to combat MSHA’s shortcomings and ensure that serial violators of health and safety rules are punished. In addition to strengthening POV authority, the legislation would empower workers to speak up about safety concerns. During a field hearing with family members of miners who lost their lives in the Upper Big Branch Mine disaster, Chairman Miller promised that he would work to ensure miners are safe on the job:
This news is distressing in the wake of numerous fatal mine tragedies, including the explosion at West Virginia’s Upper Big Branch Mine in April. In response to the report, Joe Main, assistant secretary of labor for mine safety and health, announced new screening criteria for the pattern of violations enforcement program, but acknowledged that a legislative response is needed to keep miners safe:
“‘Since the passage of the Mine Act more than 30 years ago, not one mining operation has ever been placed on a pattern of violations,’ said Joseph A. Main, assistant secretary of labor for mine safety and health. ‘We have known for some time that the current system is broken and needs to be fixed. This new screening process improves upon the old one, which cast too broad a net and did not distinguish mines with the highest levels of elevated enforcement. This new system will let MSHA focus its attention on those mines that are putting miners at greatest risk.’
“‘MSHA's changes to the POV program cannot fix shortcomings that require legislation or changes to the existing regulations,’ Main added. ‘This is a stop-gap measure until reform can occur. We are aggressively pursuing both regulatory and legislative reforms, but in the mean time this new policy improves our ability to identify problem mines. Our goal with each of these reform efforts is to identify mines with a pattern of dangerous conditions and encourage them to improve their safety records. If a mine fails to do so, it will be placed into POV status.’”
Chairman Miller introduced the Robert C. Byrd Mine Safety Act in July to combat MSHA’s shortcomings and ensure that serial violators of health and safety rules are punished. In addition to strengthening POV authority, the legislation would empower workers to speak up about safety concerns. During a field hearing with family members of miners who lost their lives in the Upper Big Branch Mine disaster, Chairman Miller promised that he would work to ensure miners are safe on the job:
“I made a pledge to the families of Sago, Aracoma Alma, Darby and Crandall Canyon that we would do everything in our power to uncover the cause of those tragedies, to hold responsible parties accountable, and to prevent other miners from suffering a similar fate.
“I extend this same promise to all the families of Upper Big Branch. Your families paid the ultimate price for a job our nation depends on.”
