[Chicago, IL] – U.S. Senator Dick Durbin (D-IL) today questioned the recess appointment by the Bush Administration of Richard E. Stickler as Administrator of the Mine Safety and Health Administration (MSHA) even though the Senate did not confirm him due to widespread opposition.

In a letter to President Bush, Durbin wrote that following the Sago and Alma coal mines disasters, Congress overwhelmingly passed and the President signed the Mine Improvement and New Emergency Response (MINER) Act of 2006, legislation to update mine safety laws in order to stop the unnecessary loss of life. During his Senate confirmation, however, Stickler had stated that existing mine safety laws were adequate and the duty to comply with safety laws falls on the shoulders of the mine companies and not MSHA.

Durbin wrote: “I believe, as do many other Senators, that Mr. Stickler’s statements at his confirmation hearing are an insult to the 40 families who have lost miners in accidents this year, many of which could have been prevented. His statements are also deeply troubling to the thousands of miners who rely on MSHA to help keep them safe in a difficult and dangerous occupation that is vital to the American economy. I was not alone in opposing his nomination, and the vote on the MINER Act demonstrates that the Senate and the vast majority of House Members disagree with his views.”

Durbin urged the Administration “to carefully monitor Mr. Stickler’s performance and ensure that, under his leadership, both the spirit and the letter of the new MINER law are aggressively enforced. The 3,500 miners in my home state of Illinois and the over 100,000 miners across the nation deserve no less.”

The full text of the letter to President Bush is below:

October 23, 2006

George W. Bush
President
United States of America
1600 Pennsylvania Avenue
Washington, D.C. 20500

Dear Mr. President:

I am writing to express my disappointment and concern regarding your recess appointment of Richard E. Stickler as Administrator of the Mine Safety and Health Administration (MSHA). The Senate did not confirm Mr. Stickler due to widespread opposition to his nomination.

In response to the tragic deaths at the Sago and Alma coal mines, in June of 2006 Congress passed the Mine Improvement and New Emergency Response (MINER) Act of 2006. This law, which the Senate passed by unanimous consent, was a recognition by every Senator and over 380 House Members that mine safety laws needed to be updated in order to stop the unnecessary loss of miners’ lives. Mr. Stickler, however, did not agree that this new law was necessary. He stated before passage of the measure that the laws on the books, which had not been updated in 30 years to adjust for new technology, were adequate. He also testified at his confirmation hearing that the duty to comply with safety laws falls on the shoulders of the mine companies and that MSHA plays no role.

I believe, as do many other Senators, that Mr. Stickler’s statements at his confirmation hearing are an insult to the 40 families who have lost miners in accidents this year, many of which could have been prevented. His statements are also deeply troubling to the thousands of miners who rely on MSHA to help keep them safe in a difficult and dangerous occupation that is vital to the American economy. I was not alone in opposing his nomination, and the vote on the MINER Act demonstrates that the Senate and the vast majority of House Members disagree with his views.

Even though the Senate did not confirm Mr. Stickler, you have decided to recess appoint Mr. Stickler as head of MSHA, which will allow Mr. Stickler to serve through the end of 2007. I hope that you and the Department of Labor will carefully monitor Mr. Stickler’s performance and ensure that, under his leadership, both the spirit and the letter of the new MINER law are aggressively enforced. The 3,500 miners in my home state of Illinois and the over 100,000 miners across the nation deserve no less.

Sincerely,
Richard J. Durbin
United States Senator