Excerpts from Sharpe's Point 9/6/07 Senate Hearing Article

At a hearing Sept, 5, mine safety chief Richard Stickler faced tough questions from a Senate appropriations subcommittee clearly frustrated by the latest coal mine tragedy.

The hearing was called to look into the Utah mine incident in August, and was also billed as an effort to prevent future accidents. Six miners went missing in the cave-in at the Crandall Canyon mine; their bodies have not been recovered. Three rescue workers also died.

Subcommittee chair Tom Harkin (D-IA), in opening remarks, recited recent congressional initiatives aimed at providing MSHA with more resources to promote mine safety, and in a tone reflecting both impatience and frustration, added, "Why do we keep having these hearings?"

West Virginia Sen. Robert Byrd (D) drew applause when he told Stickler, "What the hell is the problem at MSHA?" He continued, "It's no secret that I have a hold on your nomination. Yes, like that," he said as he pointed a clenched right fist at the Assistant Secretary.

" ... I respect you, sincerely. But, Mr. Stickler, it is past time, way past time to take the gloves off, take charge of the agency you have been entrusted with. Crack some heads. Yes, crack some heads. Get rid of the political deadweight now, and empower inspectors to go after recalcitrant coal operators who are daily putting the lives of miners at risk."

            Stickler is running MSHA under a recess appointment. Byrd put a hold on his nomination in the spring of 2006 because he believed Stickler, a former mine official and state regulator, would not be tough enough on operators. Unless confirmed by the Senate, Stickler will be out of a job by the end of the year when his recess appointment ends.

Stickler said he did not have the authority to stop Murray officials from speaking at the press conferences, nor could he prevent the media from selectively airing footage of Murray. It was also reported that MSHA called on the local sheriff to keep Murray away from the families because, according to Specter, he was giving them misinformation.

Asked by Harkin why MSHA allowed members of the media into the mine, potentially jeopardizing their safety, he said the mine operator had the prerogative to allow people into the mine, provided they are given proper training and aren't taken to unsafe areas. If we took action to stop that, he said, we would have to show it was unsafe.

Stickler was the lead witness.