Independent Review of MSHA's Actions at Crandall Canyon Mine

ALLEGATIONS OF INFLUENCE BY THE MINE OWNER
The Independent Review Team (IRT) evaluated whether Robert Murray, owner of Murray
Energy Corporation and co-owner and operator of the Crandall Canyon Mine, used his
influence to have MSHA personnel removed from having enforcement responsibilities at
mines that Murray owned. The IRT identified three cases from 2001 to 2007 where there are
implications that Murray may have used his influence to have MSHA personnel re-assigned.
The first case involved Murray’s Maple Creek Mine in District 2. In 2001, Kevin Stricklin, then
the Assistant District Manager (ADM) for inspections, and Thomas Light, then the field office
supervisor who was assigned the Maple Creek Mine, had taken enforcement actions that had
idled the mine. Murray had meetings with both district and Headquarters personnel
concerning the Maple Creek Mine, with Murray making some comments that could be
construed as threatening. A few months later, both Stricklin and Light were reassigned to
different jobs which took away their direct enforcement responsibilities over the Maple Creek
Mine. These reassignments occurred in the middle of a pay period and were effective
immediately, which is unusual. Neither was given any reason why the reassignments were
made, other than it was to better operate the district.
The next case concerned Murray’s Powhatan No. 6 Mine in District 3. This incident involved
Tim Thompson, then the District 3 Manager (DM) in Morgantown, West Virginia, and William
Ponceroff, then the District 3 ADM for enforcement. The Powhatan No. 6 mine had been
issued a high number of citations and orders. Murray again met with district and
Headquarter personnel, and again statements were made that could be considered as threats.
Shortly after this meeting, Thompson was transferred to a job that removed him from all
enforcement oversight of Murray’s mines. Ponceroff, however, was not moved to another
position. Although the timing of Thompson’s transfer appears to coincide with the meeting,
Thompson wrote a 2006 letter stating that he was not removed from the DM position as a
result of any actions by Murray.
The last incident involved an inspector in District 9 who was conducting an inspection at the
Crandall Canyon Mine. Before Murray took control of the mine in 2006, the inspector was
accused of alleged harassment against a contractor employee. Investigations by the district
determined there was no basis for the allegation. The inspector, who was removed from the
Crandall Canyon Mine while the investigation was going on, later issued an order at another
one of the mines that Murray had purchased in District 9 which idled the mine’s longwall for
several shifts. This inspector was known to be one who issued a lot of citations and orders.
Murray, during a telephone conference call, told district management that he didn’t want the
inspector back on his properties, alluding to the harassment charge. He also made statements
referring to his political connections. At the beginning of the next quarter, all of Murray’s
mines in the field office in which the inspector worked were placed in another work group, so
that the inspector would not have any of Murray’s mines assigned to him to inspect. When
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