If criminal disregard led to the deaths of six miners in an implosion at the Emery County mine a year ago, or if mine operators misled federal mine inspectors in an attempt to keep the mine from being closed, they need to face the music.

Investigations by MSHA, as well as U.S. House and Senate committees, unearthed evidence that sparked calls for the Justice Department to determine if criminal charges are warranted. But a representative for Tolman's office would not say if a formal investigation already is under way.

The MSHA referral was not specific. It said that the request for a criminal probe arose from "the same facts, events and conditions" that led the agency to level record fines against the mine's operator, Genwal Resources Inc. ($1.34 million), and its consulting engineer, Agapito Associates Inc. ($220,000). Citations included mining coal in areas deemed off-limits, failure to revise the mining plan after coal burst from support pillars on three occasions prior to the disaster, and failing to inform MSHA of the coal outbursts as required by law.

Fines are fine and good. But if, as MSHA acting director Richard Stickler claims, "reckless disregard for safety" by the mine operator and engineering consultants played a role in the tragedy, then people, not just companies, need to be punished.

The events of Aug. 6, 2007, at Crandall Canyon have been repeatedly referred to as an "accident." Perhaps "crime" would be a better description. The U.S. attorney, and perhaps a jury, needs to make that determination.

A criminal investigation won't bring the six miners and three would-be rescuers who perished at Crandall Canyon back to life. But even the threat of prosecution should be interpreted by captains of dangerous industries as a shot across their bows. And if that leads to a commitment to safety over profits, it could also save lives.