On Earth Day, Protect Those That Mine the Earth

When President Obama attends this Sunday's memorial service for the 29 miners killed at a coal mine in West Virginia, how to improve miner safety will doubtless be on his mind. When he returns to the Oval Office, he should get to work — by making sure mine-operators face criminal consequences when they unnecessarily risk miners' lives.

Last month's blast at the Massey Energy-owned coal mine in West Virginia was America's deadliest miner-safety lapse in 40 years. But it was hardly unexpected. Authorities believe that the explosion resulted from a build-up of methane gas and combustible materials, two dangerous conditions for which the mine's operator was repeatedly cited in prior government reports addressing the mine's safety shortcomings. In fact, last year, this particular mine alone received 515 safety citations — or 75% more than the national average for similar mines. Over the past 15 months, it had also been ordered temporarily closed 61 times out of concern for the immediate risks it posted to miners' lives.

Right now, the system to ensure miner safety is loophole-ridden, offering mine operators the ability to significantly delay paying fines and taking action. Most significantly? It leaves the relevant government agency — Mine Safety and Health Administration (MSHA) — without meaningful criminal recourse.

For example, the MSHA lacks subpoena power, which allows mine operators to hide incriminating records. And unlike investigators for the Food and Drug Administration and the Environmental Protection Agency, who are technically law enforcement agents, MSHA agents are more like inspectors at your county's Health Department — they can investigate reports of safety violations, but rarely shutter repeat offenders.

While there are some criminal penalties for miner-safety violations, their emphasis is misplaced. Falsifying safety records is a felony. But deliberately maintaining conditions that risk miners' lives? That's a mere misdemeanor.

After every mining disaster, outrage and calls for increased regulations promptly follow. In 1968, when another West Virginia mine accident killed 78, Congress passed the Coal Act, which required monetary penalties for safety violations. In 1977, after twin explosions killed 26 miners in Kentucky, an again aghast Congress passed the Mine Act, creating the MSHA to oversee miner safety. And in 2006, after 12 died in West Virginia's Sago mine, Congress passed the MINER Act, requiring the creation of mine-specific emergency response plans in underground coal mines. But none of these acts were enough to save lives in this most recent tragedy.

Let's seize this moment to break the cycle. The MSHA should be living up to its name, protecting miners' safety and health from repeat offenders like Massey Energy. The window of opportunity is now. The ball is in Congress' court.

Photo Credit: ˙Cаvin 〄