Letter to The Honorable Gordon S. Heddell, Inspector General, Department of Labor
Letter
Letter to The Honorable Gordon S. Heddell, Inspector General, Department of Labor
ENZI SAYS MINE SAFETY INVESTIGATION MUST BE THOROUGH, NON-POLITICAL
U.S. Senator Mike Enzi (R-WY), Ranking Member of the Senate Health, Education, Labor and Pensions (HELP) Committee, today said that the investigation of the accident at the Crandall Canyon Mine in Utah
must be thorough and unflinching, but must also be rational and non-political.
Noting that the accident has now resulted in eight separate investigations
of both the accident itself, and the performance of the federal Mine Safety and Health Administration (MSHA), Enzi said: "The Utah accident, and the actions of all involved, require careful, thorough and objective review, and appropriate action, if warranted. Our collective responsibilities demand this, and those whose lives were lost deserve nothing less. We must proceed on the basis of facts, but merely multiplying the number of investigations does not insure that we obtain the necessary information faster, or better. In fact, it has exactly the opposite result."
MSHA has the statutory responsibility to investigate the cause of such
accidents and to pursue law enforcement options in the event any violations are discovered. The Solicitor of Labor has publicly warned that current parallel
investigations could well compromise the integrity of MSHA's law enforcement
efforts and jeopardize its ability to hold anyone legally accountable in the event that violations of the law are found.
"The investigators need to be able to do their job. We need to step back
and not take actions that might interfere with their efforts to investigate this
tragedy," Enzi said.
Today, Senator Enzi, Senator Ted Kennedy (D-MA), Chairman of the
HELP Committee, Senator Johnny Isakson (R-GA), and Senator Orrin Hatch (RUT), sent a letter to Gordon S. Heddell, Inspector General of the Department of Labor, endorsing the view that the initial investigation of the accident and its causes should be conducted by MSHA, and that any issues regarding MSHA's performance should be fully reviewed by the independent Office of the Inspector General.
"These two entities possess the necessary assets, personnel, statutory
authority and expertise to conduct prompt and meaningful reviews. Indeed, this responsibility was given to them by Congress," Enzi said. "There is more than adequate opportunity for Congress to exercise its oversight responsibilities once those with the acknowledged expertise in mining issues complete their work.
Congress can also act if there's any evidence that this work is not being properly and aggressively pursued. However, there is absolutely no evidence that this is the case. For the present, the best thing we can do is to get out of the experts' way".
Enzi noted the need for constructive bipartisanship, and the importance of
proceeding in a non-political way. "All of us with workplace safety responsibilities must work together, remembering always that those who lost their lives in Utah, and their families that continue to feel the pain of that loss, are real people," Enzi said. "We must never allow their loss to become the occasion for seizing political advantage, or the opportunity for grabbing headlines. That would be beyond reprehensible, and a disservice to the memories of the lost. What we must do is disregard politics, and
proceed in the most expeditious and rational way to develop the facts that will guide our actions. We honor those who have been lost best by working to make future tragedies less likely."
A copy of the letter from Senator Enzi, Senator Kennedy, Senator
Isakson, and Senator Hatch follows.
September 18, 2007
The Honorable Gordon S. Heddell
Inspector General
Department of Labor
200 Constitution Avenue,NW
Washington, D.C. 20210
Dear Inspector General Heddell:
Thank you for providing members of your staff for a meeting with our staff of the Committee on Health, Education, Labor and Pensions (hereinafter "the Committee") on September 12,2007. As you know, the Committee is examining the circumstances surrounding the August 6, 2007, tragedy and accidents at Crandall Canyon mine.
We appreciate the work of your staff in conducting a thorough review of the oversight of Crandall Canyon mine by the Department of Labor and the Mine Safety and Health Administration (MSHA). Your staff has been quick to respond to our inquiry and provided insights relating to mine accident investigations.
We recognize that accident investigations and internal reviews are lengthy and are best pursued in sequence. Moreover, we recognize that specialized expertise is needed to evaluate the data and information obtained. However, we want to move as expeditiously as possible to assess MSHA's oversight of Crandall Canyon for approximately one year prior to the accident and after the accident. First and foremost, our interest is in ensuring the safety of miners and mines and preventing future incidents of this nature. Therefore,
an expedited review is crucial.
As we conveyed to your staff, our highest priority is examining the plan approval process for the Crandall Canyon mine. In particular, we are interested in the process MSHA District 9 employed to review Murray energy's initial mine plan and the plan amendment that was in effect at the time of the disaster and the rigor of that review. In addition, we place a high priority on gaining information about how MSHA made the decision to allow rescuers into the Crandall Canyon mine after the initial collapse on August 6.
Finally, we are also interested in your review of MSHA's inspection activity at Crandall Canyon for the past year, which we understand is already underway and should be concluded soon.
We appreciate your willingness to provide updates and information as available and prior to receiving your final report with findings and conclusions.
It is essential for the continued safety of our nation's miners that we be kept abreast of these findings so that we may fulfill our oversight obligation and ensure optimal safety conditions for our nation's miners.
Finally, we appreciate your willingness to continue discussions with us regarding the numerous additional inquiries that should be pursued with regard to Crandall Canyon mine and other important mining issues. We look forward to working with you and your staff on this important matter. Please advise us if any clarifications are necessary.
Sincerely,
Edward Kennedy Michael B. Enzi
Chairman Ranking Member
Orrin Hatch Johnny Isakson
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