Freedom of Information Act and Inspector's Notes Page

Freedom of Information Act:

MSHA Says District Made a Mistake

In Denying Inspector Notes

(From Mine Safety & Health News)

 

     MSHA said it made a mistake last month in denying a mine operator inspector notes to an operator who

wanted to conference citations.

     Unfortunately, the operator did not receive the

information in time for the conference with MSHA's

Conference Litigation Representative (CLR), but the

agency said it will not happen again.

Click for remainder of article

 

 

MSHA's FOIA History

 

Up until two years ago, MSHA had routinely released inspectors' notes to the public. Without notice, the policy suddenly changed and mine operators and the public were being denied the notes under exemption 7(a).

Then, after harsh criticism, and the Sago Mine

disaster, MSHA reversed its policy, acknowledged in a

Jan. 30, 2006 letter from Acting Assistant Secretary

David Dye to Congresswoman Shelly Moore Capito (RWV).

Dye stated in the letter, "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."

 

 

Many thanks to Ellen Smith and MS&H News from $afepro and the Industry for this timely update.

 

 

See The Inspectors notes


Dennis Johnson

(2/01/06, Mr. Johnson is now National Safety Officer for RadioShack)


Back in the late seventies, I asked MSHA how I could get The Inspector's Notes. I was told, "Subpoena them!" Being young and gullible, I accepted that and for almost 25 years believed that that was the only way to get them. Fortunately, I met Dennis Johnson, Regional Safety Manager, Chemical Lime LTD. He said, "Just ask for them under the Freedom of Information Act. I do it all of the time. I even tell the inspectors to write legibly because I don't want our people to have any trouble reading your notes." The notes are used for review during all citation contestments and are very handy when it comes to proving that you, not the inspector, are the expert on the condition of your site.

 The request is for notes relative to specific Agency activity (i.e., Inspections, investigations, etc.) and cover a specific time period. The request goes to your District Office and you have them shortly for your review and planning.

Frank Adkins

More on this and sample FOIA letter