Terri Whitehouse March 21st, 2008

Page One reports on a Herald-Leader story about a coal miner who was disciplined after documenting mine safety problems and bringing the problems to the attention of the Mine Safety & Health Administration:

On April 27 last year, Howard, a veteran miner, took video footage of seven mine seals at Cumberland River’s Band Mill No. 2 mine. The seals, constructed to close off abandoned sections of underground coal mines, are supposed to be impenetrable so that explosive methane gas can’t seep into working areas.

These seals were so cracked that water gushed through them, the lawsuit says.

Before videotaping the cracked and leaking seals, Howard had documented the problems in writing in a Cumberland River preshift examination book and had told company officials, including the mine superintendent, two mine foremen, and two section foremen, about the unsafe conditions, the lawsuit says.

After nothing was done, Howard testified at a public hearing held by the Mine Safety and Health Administration in July 2007 and showed those in attendance the video he had taken of the mine seals.

MSHA later cited Cumberland River for multiple seal violations.

After the company was cited, Cumberland River officials gave Howard “a written warning of disciplinary action” for “taking a non-permissible video camera underground.”

Regardless of whether Cumberland River had a company policy about videotaping underground, Oppegard said Thursday, Howard had the right under state law to document and report to MSHA unsafe conditions at the mine.

What is particularly disappointing, Oppegard said, is that MSHA reviewed Howard’s case and found that the company did nothing wrong in reprimanding him.

This should come as no real surprise, as we’ve noted time and again that mine safety oversight is severely lacking under Labor Secretary Elaine Chao’s watch and receives no help from Sen. Mitch McConnell. Of course, why should he care if hard-working Kentuckians are injured or killed on the job, just so long as those campaign dollars keep on rolling in?

• Coal Miner Safety , Elaine Chao , Herald Leader , Kentucky , Mitch McConnell , Whistleblowing
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