Effective Immediately, the Industry may get the inspector's Notes under "The Freedom of Information Act".

This just received from Mine Safety and Health News Editor and Owner!

Dear Readers,

Thanks to Ellen Smith for this information.
Ellen Smith, Editor and Owner
Mine Safety and Health News

WASHINGTON, D.C. – Education & the Workforce Committee Chairman John Boehner (R-OH) and Rep. Shelley Moore Capito (R-WV) today applauded a U.S. Department of Labor decision to reverse its policy of denying all requests under the Freedom of Information Act for notes taken by Mine Safety and Health Administration (MSHA) inspectors during on-site mine inspections until a case has been officially closed. 


Boehner, Capito, and Workforce Protections Subcommittee Chairman Charlie Norwood (R-GA) requested the reversal in a January 20, 2006 letter to Secretary of Labor Elaine Chao.  This policy change will enable a more timely release of pertinent information on the investigations into the recent Sago Mine and Alma #1 Mine tragedies in West Virginia. 


"Our request to Secretary Chao was made for one simple reason: to get more information, more quickly into the hands of Congress, the families impacted by the tragedies, and all those with a stake in mining and these investigations," noted Boehner.  "My committee has pledged to pursue all avenues that will provide meaningful facts during this investigation, and securing this policy change at the Department of Labor is a key first step."


Since the Sago Mine tragedy earlier this month, Boehner has closely monitored the early stages of the MSHA investigation and has committed to exploring a variety of options in his committee – including hearings – to examine the two accidents and review current mine safety rules and protections. 


“Only with an open flow of information can we move forward in the wake of these tragedies to a new day in safer mining,” said Capito, "The revised FOIA policy will ensure that the public has first hand, accurate information about the Sago and Alma mines before the tragic accidents.  This policy change is a good step in the right direction."


In her January 30, 2006 letter to Boehner informing him of the policy change, Acting Assistant Secretary for Mine Health and Safety David G. Dye wrote, "I have recently concluded that, given MSHA’s unique statutory framework, inspector notes should generally be released once a citation has been issued (or an inspection is closed without citations), rather than withholding the notes until all litigation is concluded.  The policy will be effective immediately."