Editorials
January 30, 2008
Unpunished
Mine safety violators

AFTER a miner dies, the public frequently learns that the mine had broken safety rules or ignored federal regulations. Often, there's a long list of substantial violations cited over and over.

People vaguely wonder why this continues to be a problem. If inspectors found a problem, why wasn't it corrected?

It turns out that federal regulators fail to fine law-breaking operators, even though federal law requires monetary penalties.

During the last six years, the U.S. Mine Safety and Health Administration failed to assess penalties for about 4,000 violations, the agency has acknowledged.

One of those unfined violators was H&D Mining, where a Kentucky miner bled to death in 2005 after his legs were cut off by a coal car. Miner Bud Morris might have lived, but no one applied tourniquets to his legs - the most basic first aid. MSHA found that H&D Mining failed to train supervisors in first aid and cited the company for failing to provide it.

Yet, the mine operator was not fined for more than two years, despite news coverage of the fatality and repeated press inquiries about a fine.

MSHA officials point out that these 4,000 violations make up less than 1 percent of all the agency's citations.

Richard Stickler, MSHA's acting chief, says the agency is correcting the problem. He cannot do it quickly enough.

Congress required safety violators to pay fines when it passed mine safety legislation in 1969 for a good reason. Health and safety inspections are intended to make mines safer work environments. That means changing human behavior. To change behavior, the cost of breaking safety rules must be greater than the cost of following them.

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