Senate Members Express Some Frustration With MSHA Nominee's Answers  
By Katharine Snyder for Mine Safety and Health News

     U.S. Senators on the Health, Education Labor and Pensions Committee today sought assurances that nominee Richard Stickler would take an activist approach to advance miner safety and health if confirmed as assistant secretary of labor for mine safety and health. 

            Panel members at times appeared frustrated with Stickler's muted responses, notably on questions about his willingness to mandate new technology, update regulations, strengthen enforcement  and request advice from the families of accident victims.  Senators of both parties expressed urgency to make changes, saying that recent meetings with families and fellow miners of the victims in the recent Sago mine explosion had moved them deeply.

            Monday's rescue of 72 Canadian potash miners who survived a fire with the help of an underground refuge chamber came up repeatedly as an instructive contrast with the tragedy at Sago. 

Stickler emphasized his personal experience in mining.  "In 1968, I was working underground in a mine adjacent to the Farmington Mine when 78 miners lost their lives due to a methane gas explosion," He said in his opening statement.  "..I had the opportunity over the course of my career to work at almost every level in the mining industry.  I have been a rank and file miner, foreman and superintendent.  I have experience managing large and small mining operations, including the largest underground coal mine in the nation.  I have experience managing oeprations with various safety challenges....

"...I follow an analytical approach to identfy the root causes of accidents.  With others on my teams, I develop systematic solutions, set improvement goals, and leasure results...."   

Stickler left the industry in 1997 and served for six years as director of the Pennsylvania Bureau of Deep Mine Safety.  He served as the Pennsylvania state representative in the mine emergency command center during the Quecreek mine rescue, he said. 

"We can do better [than we have done in protecting miners]," Senator Michael B. Enzi (R-Wyo.) said in his opening statement, adding that "legislation will surely play a role in the effort."  The Senator said that mine safety legislation would be drafted "very soon," based upon three concepts: regulations that "work in the real world"; workplace safety as a team effort, including families as well as miners, mine operators and others; and the principle that each worker must have all the necessary safety tools, training included. 

Stickler said, however, took a more sanguine view in answering a question from Senator Patty Murray (D-Wash.): "I think generally the laws are adequate.the vast majority of accidents could have been prevented had the laws been complied with."  

Senator Mike DeWine (R-Ohio) asked Stickler if he saw an "enforcement problem."  Stickler replied: "I think there is a compliance problem.  I would not call it an enforcement problem.  A small percentage of mine operators try to comply with the law when MSHA's at the job site and that's the only time.I'm just talking about a small percentage." 

Senator Edward M. Kennedy (D-Mass.) pressed Stickler repeatedly to meet with the families of the Sago victims and not to wait until the end of the accident investigation.  Kennedy also wanted to know if, in the wake of Sago, Stickler would take action to make sure each mine has its own mine rescue team.

"I cannot commit to that at this time," said Stickler, mentioning that a two-man operation would not be able to comply.  "I will study this and I will make the appropriate decision for health and safety."

Stickler called MSHA's recent request for information on mine safety technology "a good step" that "needs to be looked at," and agreed with Senator Johnny Isakson (R-Ga.) that the first priority in technology must be better communications between surface and underground and the second priority would be supplying more oxygen for miners in an emergency.  Isakson said he looked to MSHA to act as a "catalyst" in advancing safety technology. 

In terms of timeline, Stickler said, "I will look at the schedule and do what I can to move that forward as quickly as possible."

Senator Hilary Rodham Clinton (D-N.Y.) wanted to know if Stickler would act on still-pending recommendation made by the General Accounting Office and by MSHA's internal investigators after the Jim Walter #5 mine explosions in 2001, as well as on items pulled from the regulatory agenda in recent years.

"I will do an in-depth analysis of the proposed regulations," said Stickler.  He said he would take action "if some of those can be advanced."  He also said he would seek to advance the "overall efficiency" of MSHA.

Senator Murray also emphasized the consensus for action.  "Are you a fast-acting enough person?" she asked bluntly. 

Stickler replied that although an engineer, he has never been subject to "paralysis from analysis." 

Senator Enzi stated that the hearing record will stay open for 10 days and endorsement letters will go into  the record.  Endorsements for Stickler include the American Society of Safety Engineers and former Governor Schweiker of Pennsylvania, while the United Mine Workers have opposed the nomination. 

The Senators also quizzed OSHA nominee Edwin Foulke at the 1-1/2 hour hearing.