Analyzing a mine disaster

0 Comments | Deseret News (Salt Lake City), Mar 10, 2008 | by Deseret Morning News editorial

Sens. Orrin Hatch and Robert Bennett are right. The Senate Health, Education, Labor and Pensions Committee report on the Crandall Canyon Mine disaster that last summer killed nine men should not be treated as the final word on the matter. The Mine Safety and Health Administration's probe is still open, as is an internal review by the Department of Labor. Earlier this year, the Utah Mine Safety Commission presented its recommendation to Gov. Jon Huntsman Jr.

Yet, the Senate committee report raises many disturbing allegations, among them that Murray Energy may have been "conducting unauthorized mining at the time of the accident." The report also alleges the company disregarded dangerous mining conditions and failed to tell federal inspectors about the dangers.

The committee report also takes aim at the federal regulatory agency, alleging that MSHA entered an inappropriate agreement with Murray Energy to relax reporting requirements for seismic events occurring at Murray Energy mines. "This agreement is an abdication of MSHA's regulatory responsibilities. MSHA has no authority to carve out special exceptions from the law -- which is exactly what was done here," the committee report states.

The overarching recommendation of the report is that the Department of Labor "refer the case to the Department of Justice for prosecution."

One Murray Energy attorney blasted the report as "politically motivated, irresponsible and unjustifiable." Moreover, "Mr. (Robert) Murray would never knowingly expose any employee to danger and he hasn't in his 50 years of experience," said Michael O. McKown, general counsel of UtahAmerican Energy, a subsidiary of Murray Energy that operates the mine.

Indeed, it is impossible for a report issued by a congressional committee not to be viewed as political. But it should not diminish the many concerns raised by congressional investigators regarding the safety of conducting retreat mining in Crandall Canyon Mine. As the report notes, "the mining operations proposed by Murray Energy, and approved by MSHA, at Crandall Canyon, were among the most dangerous ever attempted."

Again, it's too soon to hand down conclusions regarding the operation of Crandall Canyon Mine and the events leading up the Aug. 6, 2007, roof collapse, or the subsequent accident that killed three rescuers. But this Senate committee report raises issues that MSHA should investigate further, adding their technical expertise to the analysis. Just as important, the report provides disturbing allegations regarding MSHA's interactions with the mine operators, which should be further examined by investigators for the Department of Labor.