Among the agency’s findings in its review of the two collapses on August 6 and 16, it found that “flawed engineering analysis” by the operation’s engineer, Agapito Associates, left the complex with a design that was inadequate, including pillar measurements that were unsafe and which contributed to the events.

MSHA said the consultant’s management review was contributory, also considering it to be insufficient. It said that “no evidence [of] a naturally occurring earthquake” was found to have caused the event.

According to MSHA, there were coal burst issues at Crandall Canyon which necessitated an amended mining plan by owner Genwal Resources, but those changes were never made following prior events in March 2007 and as late as August 3. Additionally, by conducting that “unauthorised” mining, stress levels in active sections were greater.

“GRI misled MSHA about the extent of the March 10 coal burst and failed to immediately inform MSHA about the March 7 and August 3 bursts,” the agency noted.

“[It] failed to adequately revise its roof control plan to provide better support after the March 7, March 10 and August 3 bursts and continued to expose miners to unsafe conditions.”

As a result of the actions by both the owner of the Emery County operation, Genwal Resources (owned by Murray Energy), and Agapito, MSHA assessed fines Friday of $1.636 million and $220,000, respectively.

Of the owner’s total fines, $296,664 accounted for 11 additional and non-contributory violations the agency found to be present at Crandall Canyon.

“MSHA's investigation found that Genwal Resources recklessly failed to immediately report three previous coal outbursts that had occurred, two in March 2007 and one just three days before the August 6th accident," said MSHA acting assistant secretary Richard Stickler.

“These reporting failures were critical, because they deprived MSHA of the information it needed to properly assess the operator's mining plans.

“MSHA also found that the operator was taking more coal than allowed from the barrier pillars and the floor [and] this dangerously weakened the strength of the roof support."

Specially, the agency fined Genwal Resources for not immediately contacting MSHA after coal outbursts that disrupted regular mining for an hour or more on three separate occasions; for its failure to make revisions to the mine’s roof control plan after outbursts indicated its inadequacy; and for a violation of the approved roof control plan by removing support coal.

MSHA also fined Agapito for its failure to recommend safe methods and pillar/barrier dimensions, along with the owner’s failure to maintain safe pillar dimensions.

MSHA stands up to criticisms

With many pointing the finger of blame back to MSHA for its role in the Crandall Canyon events, Stickler took the helm to admit that its actions did lack in some areas.

“We had an opportunity to have not approved the [mining] plan and clearly we had a responsibility in that regard and we did not meet that responsibility," he said.

However, Stickler said the blame must also be shared by the mine’s operator and consulting engineer, as the issues at the mine were fundamental to its very existence.

“This thing started all the way back with the mine design," Stickler said, adding that the myriad of problems with the engineering and coal burst issues, along with pressure and stability issues, worked together to play roles in the incident.

“So it was a combination of all these things together," Stickler said.

At least one regulator, US representative George Miller – who serves as chairman of the House Education and Labor Committee, which released its own report earlier this year on Crandall Canyon – spoke directly on MSHA’s efforts, saying it had indeed failed in its job.

“The agency's track record leads me to believe that MSHA is not up to the task of protecting the health and safety of our nation's miners," Miller told media outlets.

“We must ensure that another tragedy such as this never happens again."

Union responds to report

The nation’s largest industry union, the United Mine Workers of America, also responded to the report’s release Friday, citing what it calls Murray Energy’s “production-at-all-costs mentality” the most significant factor in the accident.

“The report issued by the Mine Safety and Health Administration yesterday on the disaster at Crandall Canyon identified the blatant disregard for miners’ safety by the mine operator, Genwal Resources, a subsidiary of Murray Energy,” said UMWA president Cecil Roberts.

“It is now abundantly clear that the mine operator had reason to know it was likely that a mine ‘bump’ (coal outburst) would occur in the area where it did occur on August 6, 2007.”

Roberts noted that internal documents reflected “ample warnings” of issues with stability given experiences mine crews were having in another section of the mine – as well as the conditions that were seen just three days prior to the deadly accident.

“In our opinion, the fine levied by MSHA for these actions is not penalty enough,” he said.

The UMWA supports a criminal investigation into the entire set of incidents, he said.

“There is more to this tragedy than the greed of a coal operator causing workers to be put in harm’s way. The fact is that companies like Murray Energy are supposed to be kept in check by MSHA [and] that did not happen at Crandall Canyon,” Roberts said.

“We must ask: Where were the MSHA inspectors? Why was MSHA not being proactive in protecting miners’ health and safety?”

Additionally, the incident has created a reputation for the agency – and not one of an enforcer, he said.

“It has become a coddler of coal companies, not an enforcer of law and regulation,” Roberts said.

“These reports reiterate the need for a change in administration, to one that will put workers’ health and safety above increased production and profits.”