MSHA: Conferencing may help cut violations backlog

CHARLESTON, W.Va. — The head of the federal Mine Safety and Health Administration said Thursday he's adopting a new conferencing system that was piloted with mine operators earlier this year in an ongoing attempt to reduce the backlog of contested violations.

Director Joe Main had said in October that both sides liked the pilot program, but he was still evaluating whether it would continue.

On Thursday, he said it will.

Starting in January, operators will be able to request a conference regarding a contested citation or order, but only after MSHA proposes a penalty assessment.

Main said the new system will help reduce the backlog by resolving disputes before they end up in litigation. It may also help improve overall communication among operators, miners and MSHA.

But each MSHA district will implement the system based on its resources. Main said that means it could happen slowly or not at all in some places until other backlog reduction strategies take hold and caseloads become more manageable.

During the pilot program, some companies opted out of the conferencing. But Main said there was a high resolution rate for those that participated.

Critics of the current regulatory structure complain that some mine operators have avoided or delayed scrutiny by using their ability to contest MSHA violations.

Tying cases up has sometimes hindered MSHA's ability to act quickly at problem mines such as Massey Energy's Upper Big Branch, where 29 men died in an explosion last year despite a long history of violations. The mine is now owned by Virginia-based Alpha Natural Resources.

The number of contested penalties rose dramatically between 2007 and 2010, creating a backlog of more than 89,000 cases. Congress funded a yearlong push to get it whittled down, and as of Sept. 30, Main said the total backlog was down to 69,000.