Mine Safety and Health News was alerted to the problem by United Safety Associates, a California based industry group. Speaking on behalf of the group, Frank D'Orsi , who is the legal liaison, noted that the Freedom of Information Act (FOIA) denial was never made in writing, only over the phone. MSHA's Vacaville office stated that it wasn't going to release the inspectors' notes, citing

FOIA exemption 7(a). This section of FOIA authorizes the withholding of "records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information ... could reasonably be expected to interfere with enforcement proceedings."

     Regarding this recent FOIA denial, MSHA stated,

"The two MSHA employees at Vacaville who were

processing the request for inspector notes simply did

not understand the policy on inspector notes."

     MSHA said that the employees have been told that

the inspector notes are releasable, although they are

subject to review for privacy matters (i.e., Social

Security numbers, names of miners who may have filed

hazard complaints, etc.)."

MSHA said the mistake has been corrected, the notes have been released, and MSHA regrets the error.

     While D'Orsi said he is glad that the FOIA

misunderstanding has been worked out, he added that "I just find it very difficult to believe that a CLR and a whole district office can say that they didn't know about David Dye's January 2006 reversal on the FOIA issue in terms of providing mine operators with inspector notes.It has been and is such a large issue and one that's been critical to the mine operators since MSHA got ont he denial wagon post 9/11, that if anyone should know what the acting Assistant Secretary's statements and agency policies are regarding major issues such as this, you would have to think that all of the personnel that

work for him and especially those that deal with the legal issues on a daily basis should be aware of the policy."