Independent Review of MSHA's Actions at Crandall Canyon Mine

of the reporters who went into the mine on August 8 th could not be found in the check-in and
check-out notebook provided to the IRT. It was also discovered that, at times, MSHA
personnel shown to be checked into the mine were actually back at the hotel where they were
staying. These persons had finished their shift and left the mine site without anyone
documenting that that had exited the mine.
During the rescue operation that took place from August 6 th to August 16 th , the company and
MSHA operated on different working shifts. The operator worked two 12-hour shifts; 6 a.m.
to 6 p.m., and 6 p.m. to 6 a.m. MSHA worked three 8-hour shifts; 7 a.m. to 3 p.m., 3 p.m. to 11
p.m., and 11 p.m. to 7 a.m. These overlapping shifts made it even more difficult to ensure that
all persons checked in and out of the mine.
Many MSHA personnel stated that there were several occasions when there were people in the
rescue area in the No. 1 entry who were observing what was going on, but were not a part of
the rescue effort. Most of these observers were company employees who wanted to see what
was going on or to offer help. These visits were recurrent even though there were plan
revisions to the § 103(k) order that prohibited this. A plan approved under the § 103(k) order
on August 8 th stated “All unnecessary persons will be kept outby the fresh air base located at
x-cut 119.” A plan revision on August 11 th stated “We have to limit the number of people in
the # 1 entry inby xc-119. We are taking more material out of the entry and going into the
deeper cover. We have to take every precaution possible. NO person is allowed up in the face
area unless designated by the foreman.” This statement did not limit the number of persons
who could go inby crosscut 119. Instead, it allowed the foreman to determine who could be in
the No. 1 entry.
Many inspectors stated that they were not aware when the operator was bringing unnecessary
people into the mine until they arrived in the rescue area. The inspectors stated that these
unnecessary people were disruptive to the operation in that they had to stop the mining
machine and haulage equipment from operating while they were in the face area. The
inspectors stated that these were unnecessary hindrances to the operation.
A review of the command center log book showed that the total number of workers
underground was being recorded. The log book distinguished between company and MSHA
employees and was updated regularly. Various entries in the log showed there to be more
than 70 people underground at times. Interviews revealed that many of these people
performed work outby the recovery area. Interviews with MSHA personnel and a review of
documents revealed that the § 103(k) order was not modified to allow any work outby the
recovery area except for some exploration and seal monitoring work. MSHA persons-incharge
were aware that work was being performed in outby areas, but did not know what
specific work activities were being performed. Davis stated he did not think outby work was
restricted by the § 103(k) order.
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