Independent Review of MSHA's Actions at Crandall Canyon Mine

Initial Issuance of § 103(k) Order
SECTION 103(k) ORDER
A § 103(k) order is a tool MSHA may use when deemed appropriate to ensure the safety of any
person in the mine after a mine accident. Section 103(k) of the Federal Mine Safety & Health
Act of 1977 states “In the event of any accident occurring in a coal or other mine, an authorized
representative of the Secretary, when present, may issue such orders as he deems appropriate
to insure the safety of any person in the coal or other mine, and the operator of such mine shall
obtain the approval of such representative, in consultation with appropriate State
representatives, when feasible, of any plan to recover any person in such mine or to recover
the coal or other mine or return affected areas of such mine to normal.” MSHA’s Program
Policy Manual reiterates this.
District 9’s Mine Emergency Response Plan in effect at the time of the accident states that the first
MSHA personnel arriving on site after notification of a mine emergency shall issue the
appropriate order of withdrawal necessary to ensure the safety and health of the miners. An
authorized representative of the Secretary of Labor will issue a § 103(k) order and/or a § 107(a)
imminent danger order as soon as practical. These orders provide the basis for further MSHA
action to assure that the activities are conducted in accordance with plans acceptable to
MSHA.
At 3:52 a.m. MDT on August 6, 2007, William Denning, District 9 Staff Assistant, received
notification from the national call center that a bounce occurred at the Crandall Canyon mine.
After contacting the mine and confirming the accident, he contacted the appropriate Price
Field Office supervisor at 4:09 a.m. The supervisor contacted an inspector and instructed him
to go to the Mine and investigate. When the inspector arrived at the field office, he contacted
the mine to get an update. At 4:41 a.m., he issued a verbal § 103(k) order over the phone. He
then traveled to the mine, arriving at 5:45 a.m. At this time, he restated he was issuing the §
103(k) order. He reduced the order to writing, but the time of issuance was documented to be
4:41 a.m.
During the MSHA-wide managers and supervisors meeting on July 11-12, 2007, at the
National Mine Health and Safety Academy, and in response to a previous internal review
recommendation, MSHA management gave guidance on the issuance of § 103(k) orders. Most
of District 9’s managers and supervisors attended this training. On August 24, 2007, the
Administrator issued CMS&H Memo No. HQ-07-094-A that re-emphasized this. It states, in
part:
[u]pon learning of a mine emergency, as soon as
possible, MSHA should issue a 103(k) to the operator
along with initial instructions. The order should be
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