Independent Review of MSHA's Actions at Crandall Canyon Mine

MINER ACT AND MINE EMERGENCY EVACUATION FINAL RULE
In response to the fatal accidents at the Sago Mine and the Aracoma Alma Mine # 1 in West
Virginia, Congress enacted the Mine Improvement and New Emergency Response Act of 2006
(MINER Act), which was enacted on June 15, 2006. MSHA issued emergency temporary
standards (ETS) relating to Mine Emergency Evacuations on March 9, 2006. On December 8,
2006, MSHA's Mine Emergency Evacuation Final Rule (Final Rule) superseded the ETS. The
MINER Act and Final Rule established new standards and provisions providing for the
evacuation of miners endangered by an emergency, and the maintenance of miners trapped
underground if evacuation was unachievable.
Due to technical infeasibility, some of the MINER Act provisions were subject to a delayed
effective date. This section of the independent review report addresses District 9's
enforcement of the MINER Act and Final Rule at Crandall Canyon and within the district as a
whole. The specific topics reviewed are:
• MINER Act
o Prompt Incident Notification
o Emergency Response Plan (ERP) compliance
Post-Accident Communications
Post-Accident Tracking System
Post-Accident Breathable Air
o Family Liaison/Primary Communicator
• Final Rule
o Self Contained Self-Rescuers
o Lifelines
MSHA issued guidance and policy related to the MINER Act and Final Rule through Program
Information Bulletins (PIBs), Procedure Instruction Letters (PILs), and Program Policy Letters
(PPLs). Through March 2008, at least 12 PIBs, PILs, and PPLs were issued to establish or
clarify compliance responsibilities for mine operators and enforcement procedures for MSHA.
Each of these directives can be found on MSHA’s website by following the appropriate links.
There was considerable confusion on the part of both mine operators and MSHA field
personnel concerning MSHA’s policy and guidance. For example, at least four of the PIBs,
PILs, and PPLs related to the Post-Accident Breathable Air provisions of ERPs. In an effort to
eliminate this confusion, Districts designated individuals to help operators understand the
standards and submit approvable plans, and to answer MSHA personnel’s questions. Many
District 9 personnel stated that they still did not understand all of the provisions of the MINER
Act and Final Rule.
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