Independent Review of MSHA's Actions at Crandall Canyon Mine

49, and the provisions of each mine operator’s emergency response plan, operators are now
better prepared to deal with rescue or preservation activities. While such activities are
continuing, an MSHA person should remain available by phone contact with the mine
operator to discuss such activities until the first MSHA person arrives onsite.
Conclusion: The issuance of a verbal § 103(k) order by phone appears to conflict with the
Mine Act and District 9’s Mine Emergency Response Plan.
MSHA has not evaluated the effects of a verbal § 103(k) order on the operator’s actions after a
mine emergency concerning ongoing rescue or recovery activities.
Recommendation: The Administrator should establish clear guidance concerning the issuance
of verbal § 103(k) orders. District MERPs should be revised to reflect such guidance.
MSHA should establish policy which outlines a mine operator’s ability to continue with
activities toward rescue or preservation of life and property if a verbal § 103(k) order is issued.
Non-Compliance with § 103(k) Order
Historically, MSHA has used § 103(k) orders during emergencies to control the work that is
performed related to rescue efforts. These § 103(k) orders have allowed MSHA to ensure
persons are not exposed to unnecessary hazards. Rescue or recovery plans must be submitted
by the operator and approved by MSHA before any activity is allowed in the affected area of
the mine.
It is within the scope of MSHA’s authority under a § 103(k) order to allow anyone to go
underground. However, MSHA's past practice has been to allow only those persons related
to or necessary for the rescue or recovery work to enter the affected area.
The IRT determined several instances in which the § 103(k) order at Crandall Canyon was not
complied with during the rescue operation, both literally and in this historical aspect. These
instances are:
• Allowing media to go underground
• Allowing family members to go underground
• Failing to control the number of people entering the mine
Allowing Media Underground
During the evening’s press briefing on August 8 th , Robert Murray, co-owner and operator of
the Mine, asked if any of the media would loan him a light for his video equipment. He
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