Chairman Miller to Chao: All Mines Must Have Adequate, Fully Implemented Emergency Response Plans 
Education & Labor Committee Intends to Hold Hearings on the Crandall Canyon Mine Tragedy in October

Friday, August 24, 2007

WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, yesterday wrote to U.S. Labor Secretary Elaine Chao to express his concerns about the development and implementation of emergency response plans in the nation’s mines.

“Miners, their families, and the public need to know whether mines have emergency response plans in place and if those plans are being fully implemented,” said Miller. “If emergency plans are not being implemented properly and in a timely manner, as appears to have been the case at the Crandall Canyon mine, this has serious implications for the safety and well-being of our nation’s miners. Given how many tragic – and preventable – deaths have occurred over the past twenty months alone, MSHA should be rigorous in ensuring that miners have vital safety equipment and resources in the event of an emergency.”

The MINER Act of 2006 requires that all mines create and implement Emergency Response Plans that meet certain standards set by the MINER Act and must be approved by the Mine Safety and Health Administration (MSHA). In light of the fact that the Crandall Canyon Mine has an MSHA-approved plan that was not fully implemented by the mine’s operator, Miller urged Chao to instruct MSHA to ensure that all mines have adequate Emergency Response Plans that are in full compliance with the law, and that these plans are fully implemented by mine operators.                                                              

The Education and Labor Committee intends to hold hearings on the Crandall Canyon mine tragedy during the first week of October. Also in October the committee intends to consider legislation introduced earlier this year to improve mine safety.

The full text of Miller’s letter to Chao is below.

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August 23, 2007

Dear Secretary Chao:

In light of the events at Crandall Canyon Mine, I request that you direct the Mine Safety and Health Administration (MSHA) to make sure all mines have adequate, approved Emergency Response Plans (ERP) that are fully compliant with the law and that such plans are fully implemented by the mine operator.

Although Crandall Canyon Mine has an MSHA-approved ERP, that plan was not fully implemented by the mine’s operator. Specifically, the plan called for the provision of post-accident breathable air to be located in areas known to miners. I understand that this emergency air was only “on order” at the time that the mine collapsed on August 6, 2007, and not deployed inside the mine.  Although the rest of the ERP for Crandall was effective as of June 13, 2007, MSHA gave the mine operators until August 12, 2007, to comply with the breathable air requirement. This example raises serious concerns about the implementation status of items contained in ERPs at mines nationwide. If ERPs are not being implemented on schedule, it poses an immediate and substantial risk to thousands of miners.

Accordingly, I respectfully request that you provide me with a current accounting of whether each mine has an approved ERP and whether each mine has fully complied with and implemented its plan. In each case where a mine is not in full compliance with or has not fully implemented its plan, please explain.  Also, in each case, identify where required equipment or supplies are only “on order” and not actually deployed. In addition to this accounting, please provide me with a copy of every ERP currently approved by MSHA.

Please respond to me in writing of your plans to make sure all mine operators have fully implemented their Emergency Response Plans (ERP) and direct MSHA to coordinate the production of the requested information with the Committee’s Deputy Director for Labor Policy, Mr. Jody Calemine, who may be reached at (202) XXX-XXXX.  I look forward to your response.

Sincerely,

cc: Senior Republican Member Howard “Buck” McKeon

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FOR IMMEDIATE RELEASE
Contact: Tom Kiley / Rachel Racusen
2181 Rayburn House Office Building
Washington, DC 20515
202-226-0853