The US House Committee on Education and the Workforce grilled industry experts for more than three hours at the Learning from the Upper Big Branch Tragedy hearing.

The committee delved into the findings of numerous investigations and reviews that have been conducted since April 5, 2010, when a mine explosion killed 29 workers in West Virginia.

Reports released by MSHA’s internal review board and an independent panel from the National Institute for Occupational Safety and Health, which both spotlighted enforcement deficiencies on the part of federal investigators, were the primary focus of the meeting chaired by US representative John Kline.

Main, who testified along with United Mine Workers of America president Cecil Roberts and NIOSH director John Kohler, was first to the podium and received many of the committee’s hardest hitting questions.

“According to an independent report by the National Institute for Occupational Safety and Health, ‘if MSHA had engaged in timely enforcement of the Mine Act and applicable standards and regulations, it would have lessened the chances – and possibly could have prevented – the UBB explosion’,” the committee read for those attending in person as well as by webcast.

Main responded by defending his agency’s actions.

“If you look at all of the investigative findings so far, and I believe even the NIOSH report pointed this out, Massey caused this disaster,” he said.

“Having said that, I can’t say for certain that it could or couldn’t have been preventable. I haven’t seen the facts that tell me that we could have taken the actions necessary to stop that.”

However, Main was not hesitant in his admission that MSHA had inadequacies in both resources and experience.

“We didn’t catch everything, there is no doubt about that,” he said.

“But at the end of the day, I don’t place those inspectors on the same level [as] I do Don Blankenship’s management of that mine.”

Main went on to allude to indicators, including recent testimony from UBB manager Gary May taken during his criminal case, that the mine may have concealed many of its shortcomings from inspectors – made possible through the pre-notification of inspectors’ presence on mine property.

He also responded to many of the board’s questions regarding the agency’s sharp loss in staffing between 2001 and 2006, for reasons including inspector retirements, which left it understaffed, inexperienced and struggling to fulfill its duties.

“Could we have done better? There’s absolutely no question about that,” Main said.

“If you expect to have an effective enforcement agency, you’ve got to pay for it. I think it’s that simple.”

Representative Rob Andrews responded by pointing the finger back at federal officials.

“Some of the inspectors from MSHA failed to catch things that really can’t be written off for lack of experience or a lack of personnel,” he said in the hearing.

“They just didn’t do their jobs very well. I think there should be some consequences in those cases.”

He went on to add that Congress – which has cut MSHA funding significantly over the past several years – held some responsibility for not providing all of the tools and resources the agency needed over time.

Main asked Congress to assist the agency in beefing up penalties for pre-notifications of an inspector’s presence on mine property.

“There doesn't seem to be enough deterrents under the current Mine Act to keep that from happening,” he said.

The assistant secretary told the committee MSHA needed more authority to enforce laws.

UMWA president Roberts, often at odds with Main, concurred.

“We're using all the tools we have, but we can use a few more,” he testified.

“We urge Congress to increase the penalties for egregious mine health and safety violations.

“What this committee and Congress does really matters to the coal miners of this nation.”

MSHA does not have certification requirements for superintendents, and also lacks subpoena power and proper protections for those who speak up and warn of safety hazards.

The agency, Roberts stressed, required more authority towards systemic problems and chronic violators, and stronger regulations needed to be put into place to hold operators accountable for criminal violations.

Penalties for pre-notification convictions, for example, are $1000 or six months imprisonment.

Following the hearing, Kline called UBB an “unthinkable tragedy that should have been prevented” and reiterated Robert’s statistic that 95% of mine operators tried to do the right thing under the law.

Kline quickly turned his attention to Main’s testimony.

“We cannot ensure strong safety protections without an honest discussion about enforcement.

“I recognize the enormous challenges facing mine inspectors and the agency, but it is long past time to stop making excuses and start providing the responsible enforcement miners deserve.” 

While information from UBB has taken nearly two years to be compiled, Kline noted the time spent had not been for naught.

“The committee has engaged in continued oversight of MSHA, and we are pleased with the progress the agency has made,” he said.

“Today’s hearing examined a number of important issues, including whether additional protections are needed in the law … all options remain available as we examine what we’ve learned and consider ways to better protect America’s miners.”