MSHA

Shortly after taking office, the head of the Labor Department's Occupational Safety and Health Administration (OSHA) acknowledged the troubling slow pace at which new worker safety regulations are put in place.  In a February 2010 speech, David Michaels, PhD, MPH said: "Some standards have taken more than a decade to establish, and that's not an acceptable response when workers are in danger." In a March 2010 speech the OSHA chief added: "Clearly the current system for issuing standards doesn't work well for those it's supposed to benefit - workers.  When rulemaking takes years and even…
Hurray! The Presidential election is over.  Let's hope this means that Obama Administration officials will come out from under their beds and embrace their regulatory authority to issue some strong public health and environmental regulations.  At the Labor Department (DOL) there's much work to do to expand workers' rights, ensure workers' lives and health are protected, and improve the information provided by its agencies.  Leave a comment with your ideas for immediate action by the Labor Department. Here's my short version of my wish list for major DOL activities for the next 6 months: MSHA…
As Liz Borkowski noted on Tuesday, we started a new tradition this year to mark Labor Day in the U.S.  We published The Year in U.S. Occupational Health & Safety: Fall 2011 - Summer 2012.  The 42-page report highlights some of the key research and activities in the U.S. on worker health and safety topics. We know that many advocates, reporters and researchers look forward  every April to the AFL-CIO’s Death on the Job report with its compilation of data on work-related injuries reported, number of federal and state inspections, violations cited, and penalties assessed.  We set out to…
by Beth Spence Last week a friend and I visited the memorial dedicated to the miners who were killed in the 2010 Upper Big Branch (UBB) mine disaster.  The massive 48-foot granite structure with 29 ghostly silhouettes is a powerful tribute to the lost miners and to the industry that has been so dominant in the Appalachian region. It is fitting that the memorial is in Whitesville, nestled in the Coal River Valley not far from where coal was first discovered in West Virginia, and that it stands on the very site where, in the days and weeks after the disaster, an organic memorial sprang up to…
In a New York Times story reporting on the resignation of Cass Sunstein, President Obama's director of the Office of Information and Regulatory Affairs (OIRA), the paper missed an opportunity to take readers beyond the rhetoric to reality.   One sentence in the article said this: "Business lobbies and Republicans in Congress complain frequently about 'job-killing' regulations, citing rules like the E.P.A.’s new standard for carbon emissions from power plants (recently upheld by a federal appeals court) and the Department of Labor’s new worker-safety rules." "What Department of Labor's new…
[7/30/2012 Update below] Just hours before a granite memorial was unveiled for the 29 men who were killed in the Upper Big Branch (UBB) coal mine on April 5, 2010, another West Virginia coal miner was killed on-the-job.  Johnny Mack Bryant II, 35, died at the Coal River Mining Fork Creek #10 mine in neighboring Boone County.  The mine is about 20 miles from Whitesville, WV the location of the UBB memorial.  The Charleston (WV) Gazette reports the fatal-injury incident occurred at about 4:15 am on July 27 when Mr. Bryant was fatally "pinned between a mine wall and the boom of a continuous…
I wonder sometimes if House Republicans have the same reading list as former Alaska Governor Sarah Palin.  They obviously didn't read the series of articles about black lung disease in U.S. coal miners prepared by Chris Hamby and Jim Morris of the Center for Public Integrity, and Ken Ward Jr., of the Charleston (WV) Gazette.  Coal mine workers in their 30's, 40's and 50's are developing the fast-progressing form of the lung disease.  The stories lay out in detail some of the reasons for the epidemic, as well as the ineffective regulatory and enforcement system that fails to protect our nation…
Patty and Gary Quarles lost their only child on April 5, 2010.   Gary Wayne Quarles, 33, was part of the crew operating the longwall mining machine at Massey Energy's Upper Big Branch coal mine.  He died that day in a massive coal dust explosion along with 28 other men.  Patty's and Gary's life will never be the same.  The lives of all the families and close friends of those 29 coal miners changed forever that day.  They've suffered losses that few of us will ever understand.  A recent story in the Washington Post entitled "After Massey mine disaster killed their son, settlement of millions…
If it wasn't such a terrible disgrace, an example of our malfunctioning regulatory system, and a public health failure, I'd have to pinch myself that three of my favorite investigative reporters have worked together to expose it.  Ken Ward, Jr. of the Charleston (WV) Gazette, Jim Morris of the Center for Public Integrity (and rising star Chris Hamby) and Howard Berkes of National Public Radio (NPR) have teamed up to write about black lung disease among U.S. coal miners.   The first of their stories were reported yesterday in the Gazette and at Hard Labor, the Center for Public Integrity's…
"Regulation in an uncertain world," was the title of a speech that President Obama's regulatory czar Cass Sunstein delivered on June 20, 2012 at a National Academy of Science's government-university-industry research roundtable on "Decision Making under Risk and Uncertainty."  Mr. Sunstein's speech, as prepared for delivery, tried to make the case that under his leadership at the White House's Office of Information and Regulatory Affairs (OIRA) the Administration has instituted new procedures and practices that make the federal regulatory system more rigorous, evidence based, and transparent…
[Updated (July 5, 2012) below] "We're still in the dark," explained one family whose son was killed 27 months ago at Alpha Natural Resources (formerly Massey Energy's) Upper Big Branch mine (UBB).  That comment came two weeks ago after learning that Alpha, one of the world's largest coal companies, provided its first progress report to U.S. Attorney Booth Goodwin as required by the December 2011 Non-Prosecution Agreement.  The report was dated June 4, 2012.  The progress report is supposed to describe the firm's compliance with the agreement, which settled the U.S. Department of Justice's…
Just two weeks ago, families of the 29 men who were killed on April 5, 2010 at Massey Energy's Upper Big Branch (UBB) mine traveled to Washington DC to urge lawmakers to improve our nation's mine safety law.   The West Virginia natives met with Republican and Democratic Members of Congress and asked for four simple reforms targeted at the mining industry's bad actors.   They weren't asking anything for themselves.  Only for new laws to help deter unscrupulous employers from causing another disaster and causing other communities to suffer the same pain and loss the UBB families have endured.…
It's been almost two years since Daniel Noel, 47, and Joel Schorr, 38, went to work at Barrick Goldstrike's Meikle mine near Elko, Nevada, but never made it back home to their families.  They were fatally crushed on August 12, 2010 in a mine shaft by tons of falling aggregate and pipe.  As I wrote last year, management at this mine --- an operation owned by the largest gold producer in the world, with a stock market value of tens of billions of dollars --- had jerry-rigged a reset button with a broom handle and failed to replace missing clamp bolts and load-bearing plates on the aggregate…
by Beth Spence Carrying enlarged photographs of their lost loved ones, family members of three of the 29 miners killed in the 2010 explosion at West Virginia’s Upper Big Branch mine spent June 6-7 in Washington, D.C., pleading with lawmakers to take action to improve mine safety and to stiffen penalties for mining companies that knowingly, willingly and recklessly place miners’ lives at risk. Senator Joe Manchin (D-WV) stands with Clay Mullins, Betty Harrah, Gary Quarles and AFSC staff member Beth Spence. Photo by Bryan Vana, American Friends Service Committee. Betty Harrah’s photo showed…
by Laredo, golden retriever dog A weird story appeared on my Facebook page today.  It was written by somebody named "AP."  The headline read: "Alpha introduces mine search-rescue dog in Va."   I like working dogs just as much as the next canine, so I read the article.  Says that "Ginny" is a two-year old dutch-shepherd dog who weighs 48 pounds. Get this, Mr. AP's article says Ginny is: "...the newest member of coal producer Alpha Natural Resources Inc.'s search-and-rescue team, trained to perform searches in both underground and surface mines.  Equipped with an infrared camera and atmospheric…
"When the world came to an end" is how Joshua Williams described being inside the Upper Big Branch coal mine at 3:02 pm on April 5, 2010. He knew several crews of coal miners were much deeper inside the dark tunnels than he. An ominous feeling. Coal dust explosions are powerful and deadly. Eight days later, after all the worker-victims were removed from the mine, the death toll was 29. What's happened in the two years since the disaster? Here's a brief recap: Eighty-four mine workers at other U.S. mining operations have been killed on-the-job since the April 2010 Upper Big Branch…
Earlier this month, the Mine Safety and Health Administration released results of an internal review into the agency's actions leading up to the April 5, 2010 Upper Big Branch Mine Disaster, which killed 29 miners in Raleigh County, West Virginia. The Executive Summary reports, "While the Internal Review team did not find evidence that the actions of District 4 personnel or inadequacies in MSHA safety and health standards, policies, or procedures caused the explosion, the team found several instances where enforcement efforts at UBB were compromised because MSHA and District 4 did not follow…
Earlier this week, Lizzie Grossman reported here at The Pump Handle on revisions to OSHA's Hazard Communication standard which align the agency's 30 year old rule with a globally harmonized system for classifying and labeling chemical hazards. In "Moving from Right-to-Know to Right-to-Understand," we learn how the changes stem from a 2002 United Nations resolution and why they should help U.S. workers better protect themselves from chemical hazards in their workplaces. I spent some time this week reading for myself the 858-page document, and by the time I got to page 20 it was clear that…
The Center for Public integrity's Jim Morris was the first to report that two long awaited cancer mortality studies of US workers exposed to diesel exhaust finds significantly elevated levels of lung cancer. Researchers with the National Cancer Institute (NCI) and CDC's National Institute for Occupational Safety and Health (NIOSH) proposed the studies two decades ago, going great lengths to address methodological limitations identified in previous epidemiological studies of diesel exhaust-exposed workers. The bottom line, and with now stronger evidence than ever, there should be no question…
The Republicans' mantra about the burden of regulations seems to have cast a spell on the Obama Administration's attitude about promoting new regulatory initiatives. My observations about this were reinforced this week when I read the Administration's statement accompanying its Fall 2011 regulatory plan. The message is clear: new regulations and an election year don't mix. The tone of this new Obama Administration regulatory statement oozes caution. Let's set aside the fact that this "Fall 2011" regulatory plan was not released at all in the autumn, but on January 20, 2012. It seems the…