The Utah Mine Safety Commission was assembled by Utah Governor Jon Huntsman Jr, in response to the Crandall Canyon mine disaster. The meeting was held in Salt Lake City on Thursday.

A native of Utah and a fourth-generation coal miner, Harvey's testimony was clear on how he saw the country's underground coal mines reaching the elusive zero fatality goal.

“We can no longer run our mines with an unspoken assumption that a certain number of accidents are simply inherent in our business," he said.

“You want that number to be zero, and the public wants the number to be zero. And we must all make it our business to see that this happens."

Harvey said effective mine safety must be a combination of the law and compliance; the technology/safety interface; and the culture of safety.

He said while the commission would consider changes or additions to Utah's mine safety laws, he said they should heed some advice.

“First, do not recommend changes to law or regulation based solely on what can be learned from Crandall Canyon. There are more than 700 underground mines in the United States, and every one is unique," he said, adding the lessons learned from a single accident may provide only limited instruction for the broader industry.

“Second, don't assume that safety laws and safety are synonymous. Laws, by themselves, are not enough to guarantee safety.

“Third, don't assume that compliance with the law and achievement of safety goals necessarily go hand in hand."

Based on research carried out in the last six months, Harvey said Consol had discovered that 90% of the company's safety supervisors' time is spent on compliance issues such as escorting inspectors, with little time left to focus on accident prevention activities such as observing employees at their work sites.

“Fourth, I have seen little evidence to convince me that two agencies are better than one in administering safety laws at a single site – particularly if the standards being administered by each agency are different from one another," he said.

Harvey pointed out that while compliance with the law was an obligation of every company, every mine manager and every employee, compliance in itself was not enough.

“If we limit ourselves, as an industry, only to complying with the law, we will not eliminate accidents," he said.

Harvey also tackled new technologies, many of which are now being marketed post the Sago disaster, saying effective technology, properly applied, can be an important component of an overall effort to eliminate accidents.

He listed carbon monoxide (CO) monitoring systems, automatic temporary roof supports, coal bed degasification systems and applications of digital technology in mining as important advances that have improved safety.

“While being receptive to technology-driven shifts in the safety paradigm, I am not suggesting that we always be first-adopters. Like all businesses, mining companies keep a close eye on costs and we are understandably reluctant to invest millions of dollars in technologies that are unproven," he said.

“It would be a mistake for government, in the emotional aftermath of a mine tragedy, to mandate unproven technologies in the name of 'doing something’.

“But, at the same time, companies should not use the fact that a technology is still emerging as an excuse to do nothing."

Harvey said the most important factor in safety was the human element, where companies must create a culture of safety.

“At Consol Energy, our commitment is to a culture where safety trumps production, where it trumps profits, where it trumps all other rules, policies or procedures," he said.

“Certainly, it includes a discussion of the role of the individual and the need for each employee to make safety a core value in their lives."

Harvey said there was room for government to be a part of the culture of safety.

“I certainly understand that a proper function of government is to enforce the law," he said.

“What I am asking is whether there is a role for government beyond that of antagonist or opponent. Can the Government be more than just a policeman?"

Harvey asked the commission to consider how the Government might acknowledge, reward and encourage safe work.