Coal Companies Burying Federal Mine Safety System - 15,000+ Cases Backlogged In Appeals Process

[hatrack]

WASHINGTON — Coal operators in Kentucky and other states have dramatically increased challenges to federal citations for safety violations in the past few years — swamping the appeals process. Some members of Congress contend that the vast backlog of cases under review — more than 15,000 — is the result of potentially unsafe mines gaming the system to stay in business. “This growing backlog indicates that certain mine operators are abusing their right to challenge a violation,” said Rep. George Miller, D-Calif., chairman of the House Education and Labor Committee, which is scheduled to hold a hearing Tuesday on the issue.“These appeals are clogging the system and putting miners in danger.”

In Kentucky, 80 percent of 536 high-dollar fines for the “significant and substantial” safety violations — the most serious kind — are being contested by the mine operators, according to federal Mine Safety and Health Administration records. Some citations are more than two years old. In Indiana, 86 percent of 288 fines for the most serious violations are being challenged.

MSHA inspectors define “significant and substantial” safety violations as those likely to result in serious injury or illness. Citations in the backlog include such things as dangerous electrical and mechanical equipment, accumulation of explosive coal dust, improper mine ventilation and roof-control procedures and lack of miner training. While violations must be corrected when they are cited, safety advocates say the delay in imposing financial penalties undercuts the deterrent effect that those penalties are intended to have.

MSHA records also show that mining companies aren’t just challenging the biggest fines for serious violations — they are disputing citations for lesser violations as well. As a result, the agency charged with deciding the merits of the challenges, the Federal Mine Safety and Health Review Commission, has seen its caseload explode. “The system is not fair to anybody,” said Lexington attorney Tony Oppegard, a former federal and state mine safety official. “The system is broken. The interests of coal miners, mine operators and even inspectors aren’t being served.”

EDIT

http://www.courier-journal.com/article/20100222/NEWS01/2220350/1008/NEWS01/Coal%20industry%20challenges%20of%20safety%20violations%20swamp%20system

[Turbineguy]

1. I think this is exactly

what Norquist wants for the entire government.

[Nihil]

2. Time for a Gordian knot solution ...

"Review" each case and find against the company, enforcing
the original penalty with a supplementary fine for late payment
and/or time wasting.

If the mine operators can openly act in contempt of court,
the court is entitled to treat them with the same contempt.