Miners Still Lack Essential Safety Protections, Says GAO Report
Chairman Miller Says MSHA’s Failure to Lead is Putting Miners at Risk

Tuesday, April 8, 2008

WASHINGTON, DC -- Nearly two years after Congress enacted legislation requiring U.S. mines to have adequate breathable air supplies and fail-safe communications equipment to aid miners trapped in a mining disaster, many mines still lack these basic protections, largely because of a failure of leadership by the U.S. Mine Safety and Health Administration, according to a new report released today by U.S. Rep. George Miller (D-CA).

The report, prepared by the U.S. Government Accountability Office at Miller’s request, found that MSHA’s failure to provide mine operators with guidance on underground communications systems had caused operators to miss opportunities “to improve the chances of miners trapped in an underground coal mine after an accident to survive until they are able to be rescued.”

The GAO report reaffirms the need for legislation, sponsored by Miller and passed by the House in January, to force MSHA to act on these critical safety issues. Miller’s legislation, the Supplementary Mine Improvement and New Emergency Response (S-MINER) Act, builds on a 2006 law, the MINER Act, which required mines to develop emergency response plans, maintain wireless communications systems, and provide miners with adequate supplies of breathable air.

“It is outrageous that the very problems that led to the deaths of 12 men at the Sago mine are still problems affecting most mines today,” said Miller, chairman of the House Education and Labor Committee. “Under the Bush administration, MSHA continues to fail to act despite the many promises made to miners and their families on the lessons learned from mining tragedies over the last two years. MSHA’s responses to the GAO findings are further evidence that this administration is unwilling do the things necessary to protect miners. Legislation passed by the House in January would address the specific problems highlighted by the GAO. I urge the Senate to approve the bill.”

Specifically, the GAO report found that:

• While mines across the country have adopted emergency response plans since 2006, many do not provide enough detail, and the guidance provided by local MSHA offices has varied widely. The report found that it is therefore “uncertain whether all miners will be adequately protected in the event of an accident.” The GAO report faulted MSHA for failing to ensure the quality of the plans.

• Many mines still lack sufficient breathable air supplies to sustain trapped miners while they await rescue. The 2006 law and MSHA regulations permit mine operators to meet the breathable air requirements by ordering underground refuge chambers, which are stocked with air supplies and offer one of the best options for keeping trapped miners safe. But demand for these chambers has outstripped manufacturers’ ability to produce them, leading to a backlog that could take years to resolve. MSHA could require mine operators to use interim methods for ensuring adequate breathable air supplies, but it has failed to do so. The S-MINER Act would require mine operators find alternative ways to ensure adequate air supplies while they wait for refuge chambers to arrive.

• Mines have not begun to install the wireless communications systems that could be used to communicate with and locate trapped miners because the technology is still being developed. The MINER Act required these systems to be in place by mid-2009. Until wireless systems are ready, MSHA has the authority to require mine operators to install other fail-safe communications systems that would survive a mine disaster, such as an explosion or roof collapse, but MSHA has failed to use that authority. The S-MINER Act would require mines to quickly begin installation of such a “fill the gap” system and to enhance that system as new technologies become available.

“After all of the high profile attention that this industry has gotten in recent years, due to tragedies such as Crandall Canyon and Sago, it’s inexcusable that our miners do not yet have the most up to date and comprehensive safety and health protection available,” said U.S. Rep. Lynn Woolsey, the chair of the House Subcommittee on Workforce Protections. “I join Chairman Miller in calling upon the U.S. Senate to act promptly and pass S-MINER.”

To learn more about the S-MINER Act, click here.

To read the full GAO report, click here.

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