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Independent Review of MSHA's Actions at Crandall Canyon Mine

Independent Review of MSHA's Actions at Crandall Canyon Mine

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Section 103(a) Inspections<br />

INSPECTION ACTIVITIES AT CRANDALL CANYON MINE<br />

Section 103(a) <strong>of</strong> the <strong>Mine</strong> Act st<strong>at</strong>es th<strong>at</strong> authorized represent<strong>at</strong>ives <strong>of</strong> the Secretary shall<br />

make inspections <strong>of</strong> each underground mine in its entirety <strong>at</strong> least four times a year (regular<br />

inspections) for the purpose <strong>of</strong> determining whether there is compliance with mand<strong>at</strong>ory<br />

safety or health standards <strong>of</strong> the <strong>Mine</strong> Act.<br />

The MSHA Program Policy Manual is a compil<strong>at</strong>ion <strong>of</strong> Agency policies on the implement<strong>at</strong>ion<br />

and enforcement <strong>of</strong> the <strong>Mine</strong> Act and Title 30 <strong>of</strong> the Code <strong>of</strong> Federal Regul<strong>at</strong>ions (30 CFR) and<br />

supporting programs.<br />

MSHA’s Handbook Series contains procedural instructions rel<strong>at</strong>ed to conducting inspections.<br />

The Coal General Inspection Procedures Handbook outlines procedures for conducting inspections<br />

<strong>of</strong> coal mines. Relevant provisions <strong>of</strong> this handbook instruct inspectors to complete certain<br />

specified activities when conducting a regular inspection <strong>of</strong> an underground mine.<br />

MSHA’s practice is to conduct one complete safety and health inspection (E01 regular<br />

inspection) each quarter <strong>at</strong> each underground mine. The manner in which District 9 personnel<br />

conducted regular inspections <strong>at</strong> the <strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong> consisted <strong>of</strong> the inspector<br />

beginning the inspection near the start <strong>of</strong>, or during, the calendar quarter. The regular<br />

inspection generally remained open the entire three months, with intermittent inspector<br />

presence throughout the entire period. The inspection was completed near the end <strong>of</strong> the<br />

calendar quarter, and the next inspection was subsequently started. See Appendix C for a<br />

listing <strong>of</strong> all inspections <strong>at</strong> the <strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong> from January 1, 2006, through August 6,<br />

2007.<br />

The IRT evalu<strong>at</strong>ed the six complete E01 inspections th<strong>at</strong> District 9 inspectors conducted <strong>at</strong> the<br />

<strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong> in calendar years 2006 and 2007, prior to the August 6 th accident. The<br />

E01 inspection th<strong>at</strong> was ongoing when the accident occurred was also evalu<strong>at</strong>ed. In addition,<br />

the IRT conducted interviews with all inspectors involved in these inspections. These<br />

interviews and evalu<strong>at</strong>ions were to determine if District 9 complied with MSHA’s<br />

requirements, policies and procedures for conducting and documenting such inspections.<br />

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