June 15, 2007

MSHA’s Implementation of the MINER Act has improved mine safety
    By Richard E. Stickler, Assistant Secretary of Labor for Mine Safety and Health

Today marks an important milestone in protecting the health and safety of America’s miners – the one-year anniversary of the Mine Improvement and New Emergency Response (MINER) Act, the most significant mine safety legislation in 30 years.

Through successful implementation of the provisions of the new law over the past year and additional actions the Mine Safety and Health Administration (MSHA) has taken to improve mine safety, MSHA has expanded the protections of miners working underground, added safety standards for trapped miners, and instituted new and enhanced penalties to protect all miners. The commitment by the men and women of MSHA has also meant that many of these provisions were implemented ahead of schedule, and with additional safeguards exceeding the requirements in the MINER Act.

Starting with an announcement the day after the Act was signed, MSHA embraced its enhanced authority to protect miners. MSHA established new maximum penalties for flagrant violations and has already issued more than a dozen of these citations. MSHA also increased civil penalties overall by an estimated 179 percent - targeting the most serious safety and health violations with escalating penalties. Now, MSHA has greater ability to hold those who repeatedly violate MSHA standards accountable.

MSHA is utilizing these and other enforcement tools as never before in this agency’s history. MSHA has proposed the three largest civil penalties against underground coal operators in the history of the agency in this year alone. Earlier this week, we sent letters to eight mine operators – both in the coal and metal/non-metal sectors – warning them that MSHA is preparing to use its strongest enforcement tool – its pattern of violations notice -- against them if they fail to make necessary safety improvements.

In addition to our enforcement efforts, MSHA also has implemented MINER Act provisions and other safety initiatives that significantly improve the working environment of miners and prevent an accident like the Sago mine disaster from occurring again. For example, on May 22, 2007, MSHA acted to improve protections of miners working underground six months before a new rule was required by the MINER Act. The Agency issued an emergency temporary standard (ETS) to increase seal strength requirements and expand requirements to monitor the atmosphere behind seals. This ETS built upon policy guidance issued by MSHA last year that required seals to stand up to much stronger forces than was required before the Sago mine disaster. Current requirements are now among the most stringent in the world.

On November 2, 2006, the Secretary of Labor signed an order to improve communication during a disaster by establishing new Family Liaison and Primary Communicator positions. MSHA has already trained 14 family liaisons.

On December 8, 2006, MSHA issued a final rule to strengthen mine evacuation practices, which included requirements for Self-Contained Self Rescue (SCSR) Devices, multi-gas detectors, lifelines, training, and accident notification.

MSHA has also initiated a number of special emphasis enforcement and educational programs during the past year that target specific mining practices for increased enforcement oversight or educational outreach. These programs, while not required by the MINER Act, are critical to improving mine safety and health.

Finally, MSHA understands the importance of maintaining a workforce with the dedication and skills necessary to implement these new enforcement efforts and safety provisions. Accordingly, we are ahead of schedule in hiring and training the additional enforcement personnel provided for by Congress. Once these personnel are on board, MSHA’s coal enforcement ranks will be at their highest point in more than a decade.

With the tools provided by the MINER Act, and the personal commitment to mine safety of the dedicated staff at MSHA, we will continue to work toward our goal of seeing that every miner returns home safe and healthy at the end of their shift.

Frequently Asked Questions | Freedom of Information Act | Customer Survey
Accessibility | Privacy & Security Statement | Disclaimers