In his first congressional appearance this year, Mine Safety and Health Administration head Joseph Main defended his safety agenda in response to last year's Upper Big Branch explosion that killed 29 miners in West Virginia. Main called for a new worker protection law in testimony before the House Subcommittee on Workforce Protections.

"I hope that you will stand up for miners and pass mine safety legislation," Main said.

But even with their pledge to fight regulations that may be harmful to job creation, committee Republicans were not too critical of Main's plans to overhaul several key safety rules.

However, GOP members immediately seized on a March 2010 report from MSHA's accountability office to the Senate Appropriations Committee, just weeks before the Upper Big Branch disaster.

The document outlines the results of field office audits showing regulatory lapses, including supervisors failing to properly review inspection documents (Greenwire, March 3).

The report, made public in a Wednesday Charleston Gazette article, gave ammunition to industry leaders and skeptical lawmakers who suggest MSHA just needs to do a better job enforcing current laws.

"If there is one thing we know, it is the strongest laws on the books cannot protect miners if the agency charged with enforcing those laws fails to do so," said subcommittee Chairman Tim Walberg (R-Mich.).

Rep. John Kline (R-Minn.), chairman of the full Education and the Workforce Committee, called the report "pretty damning when you look at it."

"It seems, looking at this story, that the failure is not having enough tools in the toolbox but people using the tools," he said.

Main acknowledged the problems in the report and said the agency had implemented new training efforts to address the shortcomings.

"I am a find-and-fix kind of person," he said. "I think these problems existed and I think we have put in place measures to train these problems out."

The Department of Labor's inspector general has also been critical of MSHA's oversight, especially over mines with a history of problems. Agency officials say new rules, not just better enforcement, are necessary to address the shortfalls.

Rep. Todd Rokita (R-Ind.) wondered whether MSHA conducts an analysis on safety and health benefits when preparing new regulations.

"By law we have to conduct that analysis," Main replied, saying his agency is also working to cut red tape in accordance with President Obama's January executive order.

Upper Big Branch response

In September, the agency announced new screening criteria under the "pattern of violations" program to deal with mines with a history of problems. MSHA is also seeking a new rule to overhaul that program.

If enacted, it will make it harder for trouble mines to avoid enhanced oversight by contesting violations. Main said the agency is still trying to tackle the backlog of appeals.

"We have a backlog that precludes a lot of immediate action," he said. "It's going to take us a matter of not months but years."

Democratic lawmakers worry budget cuts could make it harder for MSHA accomplish the task. The House-passed long-term continuing resolution for funding government through Sept. 30 includes a $1.5 million cut for agency salaries and expenses.

Those Democrats also say the proposed rules, while an improvement, are not enough.

The current bill up for consideration (S. 153), named after the late Sen. Robert Byrd (D-W.Va.), gives MSHA more authority to subpoena documents and seek injunctions against problem mine operators. It also increases criminal and civil penalties.

"It is our moral obligation to make sure our laws value and protect their lives," said Rep. Lynn Woolsey (D-Calif.), the subcommittee ranking member. "It is absolutely necessary if we are going to protect miners."

"Apparently we can only legislate if people die," said Rep. George Miller (D-Calif.), the full committee's top Democrat. "Are we going to continue to empower rogue operations?"

The mining industry had called the legislation more punitive than constructive. Main said he is willing to compromise on legislative language.

"We have offered our willingness to sit down and talk through the issues that are on the table," Main said in a conference call with reporters after yesterday's hearing.

Kline has indicated that he is not in a hurry to consider mine safety legislation, at least not until the investigations into the Upper Big Branch incident are complete (E&E Daily, Jan. 11).

Result likely months away

Main also updated lawmakers on the progress of MSHA's investigation into Upper Big Branch. He said the underground investigation is almost done.

"While the investigation is not complete, and it is likely to be several months before MSHA is able to issue a report, we do know already that explosions in mines are preventable," he said.

Investigators believe a small methane ignition became a massive explosion fueled by the accumulation of coal dust (Greenwire, Jan. 20).

In his prepared remarks, Main said, "Small methane ignitions are not uncommon in coal mines, but when proper safety measures are followed, these ignitions are generally controlled or extinguished by proper ventilation and safety equipment."

Former Massey Energy CEO Don Blankenship disputed MSHA's claims last year, saying natural causes led to the explosion (Greenwire, Nov. 18, 2010).

Investigations are also ongoing by the U.S. Department of Justice and the state of West Virginia.