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ABC News Vija Udenans: In
the wake of the deaths of 29 miners in West Virginia, the Senate called a
hearing on mine safety to find ways to hold mine operators accountable for
safety violations.
In
his opening statement Chairman Tom Harkin (D-IA) said “This string of recent worker deaths and injuries is a grim reminder that too many
employers cut corners on safety, too
many workers pay the price with their lives.”
Arguing
for tougher enforcement, he continued
“There is unfortunately a population of employers who prioritize profits over
safety and knowingly and repeatedly violate the law.”
Joe
Main, the Assistant Secretary of Labor for Mine Safety, told the committee that
the current “toolbox of enforcement measures” is not adequate to prevent the
violations or to enforce the regulations.
A “pattern of violations” program, in the law since 1977, should be the
most serious enforcement effort, but mine operators have learned how to
circumvent it and avoid penalties. The
current system allows an operator to avoid getting labeled with a “pattern of
violation” if they reduce their “serious and significant” violations by more
than 30 percent within 90 days.
The
Massey Upper Big Branch mine, site of the April 5 explosion, did this in 2007
and avoided the POV rating, even though their total violations remained above
the national average.
In
his written statement Sec Main said that MSHA might be able to close one mine, “The
department of Labor is in litigation to establish that the Tiller #1 Mine
operated by Massey’s Knox Creek Coal Corporation is a pattern violator. If MSHA
prevails in litigation, Knox Creek will be the first mine to be placed on a
pattern of violations status since the passage of the Mine Act.”
There
are currently 16,000 mining violation cases pending before the Federal Mine
Safety and Health Review Commission; a backlog that includes $209 million in
contested fines. The average case takes 600 days to resolve from the time it is
issued.
Sec.
Main stated it was easy for mine owners to avoid the penalties, “For the cost
of a postage stamp they can contest a citation and until those violations are
finalized, they cannot be added to the mines history.”
Sen.
Michael Enzi (R-WY) was looking for less legislation, “With less than 2,400 OSHA employees, more than 7 million
workplaces, and inspectors averaging around 40 inspections a year, it is clear
that most workplaces will never see an OSHA inspector until it is too
late. If we truly want to continue to improve workplace safety, we need
to think creatively, and to fashion policies aimed at getting results,”
Sen.
Rockefeller (D-WV), incensed that the Massey mine was allowed to operate, held up a stack of papers, “This is 26 pages
of violations, since January 1 ,
2009. All of these violations: ventilation, dust control, accumulation of
combustible material. Why can’t an inspector close it? They have the power to shut down that portion
of the mine?”
The
Senator from West Virginia having just returned from the memorial to the miners
pushed forward, “We need to grab the spirit of the moment, the sadness of the
moment,” to motivate the government to act on the security of the work force.
A
third generation miner and former
employee of the Massey mines, Jeff Harris,
told the committee how Massey Mines foiled MSHA inspections, avoided
filing accident claims and intimidated workers. , “I believe – those people
that died didn’t have to die.. It could have been avoided.” He now works for a
unionized mine, where safety is foremost. “You have representation, you don’t
have to be afraid to call that 800 numbers.”
The
president of United Mine Workers, Cecil Roberts, pointed his finger at certain mine owners, “95%
of this industry you don’t have a problem with. But we have a serious problem
with 5% of this industry , and they will fight it, and they don’t care who you
send.”
Intimidation
of miners who report violations needs additional legislation according to Mr.
Roberts. “I would put criminal penalties on operator for penalizing a miner.
There are grown men here. Crying afraid that this mine will explode. We should
put someone in jail who allows something like this to happen. Miners should
know, If I call MSHA I won’t get fired, because the owner will go to jail if he
fires me.”
Senator
Rockefeller had a suggestion of his own for the abusive mine owners, “Maybe
those board member should go down in a mine a few times year?”
The
Massey Mine owners were not represented at the hearing, nor was there any
testimony on the findings of the recent accident.
Miner’s
families in the gallery listening to the testimony held individual photos of
miners, who had died in accidents in recent years, were thanked by Senator
Harkin for making the issue very personal, showing “real people, real
families”.
—Vija
Udenans