The Mine Safety and Health Administration has started an experimental program to reduce a backlog of thousands of contested mine safety violations. That appeals backlog, officials say, has frustrated the agency’s efforts to take enforcement actions to protect American miners, The Hill reports.
But skeptics dismissed the initiative, saying that the MSHA already had the power to shut down unsafe mines and has simply wanted to avoid confronting the industry.
Thousands of mine safety violations are under appeal by companies hoping to avoid being branded with “pattern of violation” status, which theoretically would allow inspectors to shut down their mines more easily. The challenges prevent regulators from acting, The Hill says, because MSHA officials can’t declare a pattern of violations based on citations that remain under appeal.
Last year, companies appealed 27 percent of violations, and 89,000 appeals are pending before the review panel.
The pilot program aims to resolve disagreements between mining companies and inspectors before appeals are filed. It is a response to the April explosion that killed 29 workers at Massey Energy Company’s Upper Big Branch mine in West Virginia, the worst mining disaster in decades.
Massey for years was hit with safety citations at the mine, and in December, 2007, it was warned that it had a “potential pattern of violations” at Upper Big Branch. But MSHA never shut the project to allow inspectors to examine why the numbers were so high. Agency officials have said the appeals backlog was at least partly why the agency didn’t take more aggressive steps.
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