Independent Review of MSHA's Actions at Crandall Canyon Mine

The Price Field Office did not investigate any complaints given to them verbally (face-to-face).
Both supervisors stated that they did not believe that verbal complaints were required to be
investigated. The HCC system, however, lists the following types of complaints that must be
investigated:
• Hazard Complaint (Online)
• Hazard Complaint Recording
• Telephone
• Verbal (face-to-face)
• Email
• Written (letter/fax/note)
Both supervisors also stated that when Price Field Office personnel received a verbal
complaint at a public place, they did not consider this to be a valid complaint and did not
investigate them. Sometimes the complaints would come from family members of miners.
Both supervisors stated that they did not consider information received in this manner to meet
the requirements for a complaint. However, the Hazards Complaint Procedures Handbook, No.
PH02-I-8 defines these as “Other Complaints” which include:
• Signed, written letters, facsimiles, or notes originating from someone other than a miner
or representative of miners;
• Unsigned letters, facsimiles, or notes not originating from a miner or representative of
miners;
• Unsigned email or messages from invalid email addresses not from, or not identifiable
as, originating from a miner or representative of miners;
• Anonymous e-mail or Code-A-Phone messages that can not be identified as originating
from a miner or representative of miners; or
• Verbal communications made in person or by telephone by a miner, representative of
miners, or other party.
The supervisors stated that they kept no record of complaints that they received by means
other than from MSHA Headquarters or telephone.
Both Allyn Davis, the District 9 Manager, and Cornett stated that policy requires that all
complaints, no matter who made them or where they were made, were to be investigated. The
Managers were aware of complaints made face-to-face in other field offices that were
investigated. They were not aware that the Price Field Office had not investigated face-to-face
complaints during the review period.
The Price Field Office supervisors also did not enter every complaint they investigated into the
HCC system as required. The IRT determined that E01 Event # 4476407, conducted at
Crandall Canyon beginning on December 29, 2006, was actually started because of a complaint
received in the Field Office by telephone. When asked why the E01 was started in December,
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