Richard Stickler, head of MSHA, the federal Mine Safety and Health Administration, faced probing questions by Senators on the Crandall Canyon Mine disaster on Wednesday.

The hearing focused on several mountain “bumps” which occurred before the cave-in. Bumps are explosions of coal walls due to pressure. At issue is whether the MSHA knew of the bumps, and whether the mine owner had a responsibility to inform the MSHA. Stickler insists that he was not aware of a March, 2007 bump until after the August 6 seismic event that buried 6 miners. Three other workers – including an MSHA employee—died trying to rescue the miners, who were buried more than 4 miles from the entrance of the coalmine.

Stickler maintains that he never saw a memo authored in April 2007 about the March “bump” that occurred just 900 feet from the area where the buried miners were working when the walls collapsed. Several more bumps after the accident resulted in hazards to rescue workers, including three deaths and six serious injuries on August 16.

Senator Arlen Specter questioned Stickler on why MSHA did not pay more attention to the bumps. In a long tradition of using subcommittee hearings to express opinions rather than gain information, Specter said, “You know there’s going to be another one. Isn’t there just blatant failure by MSHA to recognize the fundamental problem caused by these bumps?”

Stickler pointed out that the agency had already found several violations at Crandall Canyon prior to the accident, but Specter questioned why the mine operator wasn’t fined more heavily. In a heated exchange, Stickler pointed out that it is MSHA’s policy to assess fines after the violations, and said that Specter didn’t understand what he was reading. The Senator shot back that he could read English just fine.

Senator Robert Byrd of West Virginia was even more strident, lecturing Stickler that despite all efforts in the past two years, MSHA’s efforts were still “tepid.”

“What the hell is the problem at MSHA?” Byrd asked, to scattered applause. Byrd urged Stickler to clean house at MSHA and “crack some heads” if necessary to make safety improvements.

“It is past time, way past time, to take the gloves off,” Byrd said.

Senator Orrin Hatch, a Republican from Utah, sat in on the hearing. Hatch is not a member of the subcommittee, but he attended as an interested party, since the tragedy occurred in his district. Stickler admitted that there were other bumps at the mine from 1992 to 2007.

Stickler also noted that a whistleblower at the mine complained that the mine operator wasn’t following the law by having rescue teams in place and equipped. Stickler said that the MSHA responded to that complaint by asking Bob Murray, the mine owner, to comply.

Last year, mining accidents struck the Sago Mine and Aracoma Alma Mine, both in West Virginia, as well s the Darby Mine No. 1 in Kentucky. After the three tragic mine accidents in 2006, Congress passed stricter laws concerning mine safety. The MINER Act imposed stiffer fines for mine operators, and provided funds to hire additional mine inspectors. Senators see the Crandall Canyon tragedy as a failure on the part of MSHA to enforce those tighter regulations.

The MSHA is taking steps to determine the causes of the accident. The agency has appointed a team of highly-skilled mine safety pros from outside the Utah district, to evaluate all aspects of the accident from initial causes to rescues efforts. The special investigative team will summarize its findings in a formal report to identify any problems and errors in how the incident unfolded. Any problems with the response, or violations of federal mine safety standards will be cited at the end of the investigation.

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