Independent Review of MSHA's Actions at Crandall Canyon Mine

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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 144
asked why, district management stated it was because the supervisor for whom the inspector worked had two sons who worked at Murray’s mines, and they did not want them to be affected by the supervisor’s responsibility to inspect the mines. Over a period of seven years, there were three instances in which allegations of Murray making threats against MSHA personnel were discovered. In all three cases, MSHA personnel with whom Murray had problems were removed from enforcement responsibilities for his mines. However, there is no direct evidence that links their removal to Murray. Additionally, there appears to be no lasting effect on the careers of those involved. Stricklin has been promoted to Administrator for Coal, Ponceroff has been promoted to District Manager, and Light has been promoted to Assistant District Manager. Conclusion: Although the circumstances surrounding the removal of MSHA personnel from inspection authority over Murray’s mines were unusual, the IRT found no conclusive evidence that anyone was removed or transferred as a result of threats by Murray. Recommendation: None 145
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Independent Review of MSHA’s Acti
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Protective Ground Support Used Duri
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Location of March Bounce Last Known
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EXECUTIVE SUMMARY The Federal Mine
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• Persons who could have contribu
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There was no lack of hard work and
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BLM INSPECTIONS OF CRANDALL CANYON
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oxygen and dust into the fresh air
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MSHA’S ACTIONS PRIOR TO AUGUST 6,
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that the proposed retreat sequence
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On February 23, 2007, District 9 re
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technical guidance from someone exp
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District management’s oversight w
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elieved that a higher stability fac
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questions were asked in an attempt
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offset between crosscuts 139 and 14
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To determine the validity of the in
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disapproval to the District Manager
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amendments for the South Barrier re
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The following table contains certai
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The Price Field Office did not inve
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The inspector stated that this even
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conducted every seven days. However
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Recommendation: MSHA should establi
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DIRECTION AND ACTIVITIES DURING THE
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111-8, which was in effect at the t
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MSHA Person-In-Charge of Mine Rescu
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Davis stated that when Stickler and
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There was also no verification that
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employee stated, “Everybody got f
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Underground Phone Communication Sys
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PROTECTIVE GROUND SUPPORT USED DURI
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equipment to tram in and out of the
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Top of Rockprop Bottom of Rockprop
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Canyon the inby end of the ropes wa
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educed to writing and served to the
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planned to film the underground res
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Stickler stated that family members
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Conclusion: MSHA failed to enforce
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Later on August 6 th , a mine rescu
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anybody sit down with the MSHA peop
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EXPLORATIONS During the underground
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since the ribs could not further ex
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DRILLING OF BOREHOLES Boreholes pla
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pump for a period of time, the meas
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After this hole was drilled, MSHA
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The borehole showed there was no vo
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RISK VERSUS VALUE In all rescue and
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stoppings to crosscut 95 would also
Page 102 and 103: section were equipped with Self-Con
Page 104 and 105: data, the idea was not pursued any
Page 106 and 107: for an hour and one-half and then w
Page 108 and 109: sampling equipment to their truck a
Page 110 and 111: Agency. The handbook consisted of 9
Page 112 and 113: updates and briefings on the rescue
Page 114 and 115: Utah Governor Jon Huntsman, Jr., MS
Page 116 and 117: Stickler contradicting or correctin
Page 118 and 119: trapped miners should, to the exten
Page 120 and 121: Conclusion: The MSHA person-in-char
Page 122 and 123: An attachment to the policy sets fo
Page 124 and 125: air and water waiting for us to com
Page 126 and 127: Davis did clarify that there was no
Page 128 and 129: the family and press briefings, and
Page 130 and 131: emergency with role-playing by all
Page 132 and 133: MINER ACT AND MINE EMERGENCY EVACUA
Page 134 and 135: Post-Accident Communications The MI
Page 136 and 137: Recommendation: The Agency should d
Page 138 and 139: At the time of the accident, the ER
Page 140 and 141: locations, and along normal travel
Page 142 and 143: CMS&H STAFFING AND RESOURCE UTILIZA
Page 144 and 145: CMS&H STAFFING LEVELS District staf
Page 146 and 147: In addition to the decreased levels
Page 148 and 149: completion rate decreased dramatica
Page 150 and 151: Other specialists had limited inspe
Page 154 and 155: GENERAL CONCLUSION Internal Reviews
Page 157: APPENDIX A LIST OF PERSONS INTERVIE
Page 160 and 161: Moore, III, Clarence W. ...........
Page 163: List of Ground Control Panel Member
Page 167: Event Number Activity Code Genwal R
Page 171 and 172: Borehole #3 Location: #4 Entry, X-c
Page 174 and 175: Oxygen Content of Air: Sign and Sym
Page 177 and 178: EFFECTIVE DATE: 12/22/2006 EXPIRATI
Page 179 and 180: Act, Pub. L. No. 109-236, June 15,
Page 183: APPENDIX G PROGRAM POLICY LETTER NO
Page 186 and 187: 2006. The MINER Act requires that t
Page 188 and 189: The above table is based on the 199
Page 190 and 191: 2. Inflatable shelters or equivalen
Page 193: APPENDIX H PROGRAM INSTRUCTION BULL
Page 196 and 197: I. Quantity of Breathable Air. In d
Page 198 and 199: What is MSHA's authority for this P
Page 201: NORTH BARRIER Last Known Location o
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Independent Review of MSHA's Actions at Crandall Canyon Mine

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