Chair Miller Releases List of Dangerous Mines Escaping Tighter Scrutiny

No link. Labor email.


News ● U.S. House of Representatives

EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman

Wednesday, April 14, 2010

Press Office, 202-226-0853



Chair Miller Releases List of Dangerous Mines Escaping Tighter Scrutiny

List contains the Upper Big Branch Mine in West Virginia



WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released a list of 48 mines identified by federal mine safety officials in August 2009 for increased scrutiny, but were not targeted due to unresolved appeals filed by mine operators. The list includes the Upper Big Branch Mine in West Virginia where 29 miners lost their lives in an explosion on April 5.



“In the name of deep public interest, today I am releasing information important to the immediate health and safety of our nation’s miners. We owe it to the families of these fallen miners, all mining communities across the country, and the American people to ensure that all relevant information regarding potentially dangerous conditions at mines be made public, especially as investigations into the explosion at the Upper Big Branch mine continue. Mine operators who game the system to avoid tough scrutiny by federal safety officials must be held accountable,” said Miller.



Under current law, the federal Mine Safety and Health Administration issues a letter to frequent violators warning them that they may be sanctioned under a so-called ‘pattern of violation’. Once a mine is notified that they may be under a pattern of violation, the mine must take immediate actions to reduce future violations – approved by federal mine safety officials – or face drastic sanctions including mine closure for any future significant and substantial violation.



The list released by the committee today are those 48 mines that would have received this notice of a potential pattern of violation sanctions in October 2009 but for contested citations that had not been resolved due to delays caused by the backlog of more than 16,000 operator appeals.



Mines are subject to a pattern of violation sanctions when they meet ten criteria indicating the mine is a habitual violator of mine safety laws. Criteria includes mines that receive at least 20 significant and substantial violations, at least two elevated enforcement actions, and one unwarrantable failure violation over the previous 24 months. These violations must also be fully adjudicated. In addition, mines must have a violation rate that is 25 percent higher than the industry average over the same period.



In February, the committee held a hearing on how these flood of mine owner appeals of violations were undermining efforts to protect miners by delaying tougher sanctions. According to the Department of Labor, once a mine is notified that they may be subject to a pattern of violation sanctions, mines reduced future citations of serious problems by 72 percent.



In addition, MSHA also announced yesterday that a computer error prevented the Upper Big Branch mine from being notified that it could be subject to a potential pattern of violation. As the result of this disclosure, Miller and U.S. Reps. Nick Rahall (D-WV) and Lynn Woolsey (D-CA) asked the Labor Department Inspector General to investigate.



To review the list of mines on MSHA’s August 2009 list, click here.



***



Below is a list of the mine names and locations contained in the list:



Mine ID


Mine Name


City

Coal Mine List


1103121


Elkville No. 1 Mine


Jackson County, IL

4608994


Deep Mine No. 8


Wayne County, WV

4608704


Copley Trace Surface Mine


Wayne County, WV

4608735


Allegiance Mine


Boone County, WV

4603755


Liberty Processing


Boone County, WV

4605437


American Eagle Mine


Kanawha County, WV

1502709


Highland 9 Mine


Union County, KY

4609082


Coalburg No. 1 Mine


Boone County, WV

4609150


Dorothy No 3 Mine


Boone County, WV

4609163


Roundbottom Powellton Deep Mine


Boone County, WV

4609048


Slip Ridge Cedar Grove Mine


Raleigh County, WV

4609136


Broad Run Mine


Mason County, WV

1510753


Mine #1


Pike County, KY

4609101


Toney Fork Surface Mine


Logan Country, WV

4608436


Upper Big Branch Mine-South


Raleigh County, WV

1518911


Mine #28


Pike County, KY

4609230


Winchester Mine


Kanawha County, WV

4403472


Tipple #1


Wise County, VA

4608131


Mine No. 35


Mcdowell County, WV

4609017


Mine No. 37


Mcdowell County, WV

4608845


Mine No. 36


Mcdowell County, WV

4607908


Big Mountain No 16


Boone County, WV

4202074


Horizon Mine


Carbon County, UT

4607191


Josephine No 2 Mine


Raleigh County, WV

1519261


Mine #2


Knott County, KY

4800086


Kemmerer Mine


Lincoln County, WY

4605252


Beckley Pocahontas Mine


Raleigh County, WV

4608715


Pond Creek Mine No. 1


Mingo County, WV

1401626


Garland Mine


Bourbon County, KS

4608570


Coalburg No 2 Mine


Logan County, WV

0201195


Kayenta Mine


Navajo County, AZ

4608909


Midland Trail Mine No. 2


Greenbrier County, WV


Metal/Non-Metal List


3607156


Sreebs Slate & Stone Co. Inc.


Northampton County, PA

3800007


Giant Cement Company


Dorchester County, SC

2300188


Selma Plant Quarry & Mill


Jefferson County, MO

0301607


SAINT-GOBAIN PROPPANTS


Sebastian County, AR

1001993


Bear River Zeolite


Franklin County, ID

2602246


Meikle Mine


Eureka County, NV

3607463


Essroc Cement Corp - Bessemer PA


Lawrence County, PA

0400213


Lebec Cement Plant


Kern County, CA

3800305


HARLEYVILLE MINE & PLANT


Dorchester County, SC

2602374


Deep Post


Eureka County, NV

4100906


Sherwin Alumina, L.P.


San Patricio County, TX

3000073


Holcim (US) Inc


Greene County, NY

2401467


Genesis IncTroy Mine


Lincoln County, MT

0100043


Leeds Plant


Jefferson County, AL

4500805


Seattle Plant


King County, WA

0800046


Miami Cement Plant


Dade County, FL



###