Mines’ use of appeals slows safety enforcement, lawmaker says

Nearly 50 mines nationwide were targeted for enforcement action by federal mine safety inspectors for repeated violations last summer but remained open because of unresolved appeals by mine operators, U.S. Rep. George Miller (D-Martinez) said Wednesday.

Among the 32 coal mines targeted was the Upper Big Branch mine in West Virginia, where 29 miners died in a massive underground explosion April 5. High methane levels are suspected at the mine, which has long history of safety violations. Forty-eight coal, metal and mineral mines, including Upper Big Branch, would have received warning letters in October threatening them with shutdown if mine operators had not tied up the process by filing appeals, Miller said.

Miller, chairman of the House Education and Labor Committee, has complained for years that the lengthy appeals process handcuffs federal inspectors who identify mines with a “pattern of violations.” A bill sponsored by Miller that would have given inspectors greater powers passed the House but died in the Senate in 2008.

After a series of mine deaths in 2006, Congress passed tougher safety laws that resulted in increased enforcement and stronger penalties. Mine operators responded by tripling the number of appeals of citations and now litigate two-thirds of all safety citations.

The backlog of cases rose from 2,100 in 2006 to 16,000 today, according to Miller.

Under the current law, violations must be fully adjudicated before further action is taken. Mine owners also can avoid shutdowns by reducing violation rates once they have been told they may be subject to sanctions for repeated violations.

Carol Raulston, senior vice president of the National Mining Assn., said the backlog does not prevent the federal Mine Safety and Health Administration from closing a mine if the agency finds that it poses an “imminent danger.”

The Upper Big Branch mine, operated by a subsidiary of Massey Energy Co., was warned by the agency of a potential pattern of violations in 2006. But the mine escaped a shutdown or added oversight by reducing its infractions and developing a plan to correct them.

Because of high levels of methane and other dangerous gases at Upper Big Branch, federal and state investigators will be unable to enter the massive mine until at least the week of April 26, West Virginia’s mine safety director said. Once investigators are inside, the inquiry will take months, said Ronald L. Wooten, director of the state Office of Miners’ Health, Safety and Training.

Also Wednesday, West Virginia Gov. Joe Manchin III issued an executive order requesting all 200 underground coal mines in the state to halt mining operations Friday to honor the dead miners and review safety procedures. Massey said in a statement that it would abide by the request.

The governor also ordered state regulators to begin checking mines that have repeatedly had combustion risks over the last year. Inspectors will check electrical connections and methane and coal dust controls, including the spraying of powdered rock to dilute explosive coal dust.

kim.geiger@latimes.com

david.zucchino @latimes.com

Tom Hamburger in the Washington bureau contributed to this report.