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Independent Review of MSHA's Actions at Crandall Canyon Mine

Independent Review of MSHA's Actions at Crandall Canyon Mine

Independent Review of MSHA's Actions at Crandall Canyon Mine

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EXECUTIVE SUMMARY<br />

The Federal <strong>Mine</strong> Safety and Health Act <strong>of</strong> 1977 (<strong>Mine</strong> Act) st<strong>at</strong>es th<strong>at</strong> mine oper<strong>at</strong>ors, with the<br />

assistance <strong>of</strong> the miners, have the primary responsibility to prevent unsafe and unhealthful<br />

conditions and practices in the N<strong>at</strong>ion’s mines. MSHA has the responsibility to develop and<br />

promulg<strong>at</strong>e mand<strong>at</strong>ory safety and health standards, to inspect mines to determine whether<br />

there is compliance with these standards, and to investig<strong>at</strong>e accidents to determine their<br />

causes and prevent recurrences.<br />

Purpose The <strong>Independent</strong> <strong>Review</strong> Team (IRT) was established to evalu<strong>at</strong>e MSHA’s actions<br />

rel<strong>at</strong>ing to the accidents <strong>at</strong> the <strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong> on August 6 and 16, 2007, and to<br />

determine if any <strong>of</strong> MSHA’s actions contributed to the accidents. Specifically, the IRT was<br />

charged with evalu<strong>at</strong>ing and identifying deficiencies in <strong>MSHA's</strong> actions preceding the initial<br />

accident, evalu<strong>at</strong>ing and identifying deficiencies during the rescue <strong>at</strong>tempt, and providing<br />

meaningful recommend<strong>at</strong>ions to better protect the safety and health <strong>of</strong> miners and prevent<br />

such accidents in the future.<br />

Scope The IRT primarily evalu<strong>at</strong>ed the actions <strong>of</strong> <strong>MSHA's</strong> Price, Utah Field Office and District<br />

9 as a whole. In some instances, however, the IRT's evalu<strong>at</strong>ion extended to all Coal <strong>Mine</strong><br />

Safety and Health districts or to MSHA in its entirety. The IRT undertook this broader scope<br />

when there was evidence th<strong>at</strong> deficiencies were systemic. The d<strong>at</strong>e range <strong>of</strong> the review varied<br />

by issue and are defined, where necessary, in the appropri<strong>at</strong>e sections <strong>of</strong> this report.<br />

Methodology The review compares MSHA’s actions with the requirements <strong>of</strong> the <strong>Mine</strong> Act,<br />

its implementing standards and regul<strong>at</strong>ions (Title 30 Code <strong>of</strong> Federal Regul<strong>at</strong>ions), and MSHA<br />

policies and procedures. The IRT interviewed MSHA employees and other relevant persons<br />

with personal knowledge <strong>of</strong> rel<strong>at</strong>ed events. Bargaining unit employees were afforded the<br />

opportunity to have a represent<strong>at</strong>ive present during their interviews. All persons interviewed<br />

cooper<strong>at</strong>ed fully with the IRT. The IRT requested an interview with Robert E. Murray, coowner<br />

and oper<strong>at</strong>or <strong>of</strong> the <strong>Mine</strong>, but the request was declined. A list <strong>of</strong> persons who were<br />

interviewed is included as Appendix A.<br />

The IRT met with represent<strong>at</strong>ives <strong>of</strong> the victims’ families near the beginning <strong>of</strong> the review.<br />

The IRT explained the scope <strong>of</strong> the review, and extended an <strong>of</strong>fer to each <strong>of</strong> them to speak<br />

with the team priv<strong>at</strong>ely or in groups. Represent<strong>at</strong>ives from most <strong>of</strong> the families accepted the<br />

<strong>of</strong>fer, and provided the IRT with helpful inform<strong>at</strong>ion.<br />

Additionally, the IRT examined inspection records, mine plans, the plan approval process,<br />

compliance with pertinent parts <strong>of</strong> the new <strong>Mine</strong> Improvement and New Emergency Response<br />

Act (MINER Act), and other rel<strong>at</strong>ed records and document<strong>at</strong>ion. The IRT also examined<br />

MSHA’s interaction with the <strong>Mine</strong> oper<strong>at</strong>or. The <strong>Mine</strong> was restricted from access before the<br />

IRT could conduct a mine-site visit.<br />

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