3/06/2006

U.S. Is Reducing Safety Penalties for Mine Flaws - New York Times

U.S. Is Reducing Safety Penalties for Mine Flaws - New York Times

In its drive to foster a more cooperative relationship with mining companies, the Bush administration has decreased major fines for safety violations since 2001, and in nearly half the cases, it has not collected the fines, according to a data analysis by The New York Times.

Federal records also show that in the last two years the federal mine safety agency has failed to hand over any delinquent cases to the Treasury Department for further collection efforts, as is supposed to occur after 180 days.

With the deaths of 24 miners in accidents in 2006, the enforcement record of the Mine Safety and Health Administration has come under sharp scrutiny, and the agency is likely to face tough questions about its performance at a Senate oversight hearing on Thursday.

"The Bush administration ushered in this desire to develop cooperative ties between regulators and the mining industry," said Tony Oppegard, a top official at the agency in the Clinton administration. "Safety has certainly suffered as a result."
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"Most fines are so small that they are seen not as deterrents but as the cost of doing business," said Wes Addington, a lawyer with the Appalachian Citizens Law Center in Prestonsburg, Ky., which handles mine safety cases. Using federal records, Mr. Addington released a study in January indicating that since 1995 nearly a third of the active underground mines in Kentucky had failed to pay their fines.

"Operators know that it's cheaper to pay the fine than to fix the problem," Mr. Addington said. "But they also know the cheapest of all routes is to not pay at all. It's pretty galling."

Larry Williams, who now lives in Craigsville, 50 miles east of Charleston, knows this frustration well. In 2002, he was working with a fellow miner, Gary Martin, in a deep mine near Rupert, 25 miles south of here, when the roof collapsed on them. Mr. Martin died instantly, and Mr. Williams was trapped for more than four hours under several thousand pounds of rock that crushed his pelvis and both legs.
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In this case, federal investigators found that the regulations were not followed. The operators were fined $165,000. Those fines have not been paid, even though the mine owner, Midland Trail Resources, which did not reply to requests for comment, remains in business, according to state records.

"It makes me mad," said Mr. Williams, 50, who is paralyzed through much of his right side. "One dead and another man's life ruined, and they pay nothing? It just doesn't make sense."

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