Originally published Sept. 4, 2008
   
   Safety violations uncovered in its formal investigation of last year's Crandall Canyon mine disaster warrant a criminal probe by the U.S. Attorney for Utah, the federal Mine Safety and Health Administration said Wednesday.
    An MSHA statement did not elaborate on the scope of the agency's request to U.S. Attorney for Utah Brett Tolman, noting only that the criminal referral "arises out of the same facts, events and conditions that led to MSHA's issuance of civil citations and orders on July 24."
    That was the day MSHA released its official investigation into last August's disaster. Six coal miners were fatally buried by a catastrophic implosion of the mine's walls on Aug. 6, 2007. Ten days later, three would-be rescuers were killed and six injured by a second violent outburst.
    MSHA's report assessed fines of $1.34 million against the mine operator, Murray Energy Co. subsidiary Genwal Resources Inc., for alleged safety violations that contributed directly to the first six miners' deaths. MSHA also levied a $220,000 fine against Agapito Associates Inc., the mining company's engineering consultant, for allegedly providing faulty analysis of the mine's design.
    "MSHA determined that the operator and its engineering consultants demonstrated reckless disregard for safety," said agency director Richard Stickler.
    Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, would not say Wednesday whether a criminal investigation has been initiated. But she noted that experienced prosecutors in the office have known since the disaster that Crandall Canyon featured "circumstances that we may need to look at."
    Rydalch also observed that this is the second criminal referral related to Crandall Canyon - the first was made in April by Rep. George Miller, D-Calif., chairman of the House Education and Labor Committee - and that requests from federal agencies and Congress "carry a lot of weight and we take them seriously. But it's important for us to look at the information independently and take it where it goes. We do it all the time."
    She did add, however, that the "families of the miners deserve a complete investigation."
    Kevin Anderson, a Salt Lake City attorney representing the mining company, said late Wednesday the referral "comes as no surprise . . . given the profound bias and factual leaps reflected in MSHA's own report [and] highlighted by the Department of Labor's independent review." A Labor Department report, also issued July 24, was highly critical of MSHA's performance before the collapse and during the deadly rescue.
    "MSHA continues to point fingers at others when its own conduct is under scrutiny," he added. "Mr. Stickler's statement is itself reckless, irresponsible and without factual basis. The facts demonstrate that Genwal Resources Inc. endeavored in good faith to follow safe mining practices and truly believed the mine was safe - a belief that was shared at the time by MSHA itself."
    MSHA said the U.S. Attorney's Office asked the agency to seek a stay of all civil proceedings, including discovery, related to the disaster. So far, two civil lawsuits have been filed against the mine's owners, operators and consultants by heirs of the dead miners and the injured rescuers.
    Colin King and Edward Havas, Salt Lake City attorneys representing many of the plaintiffs, applauded the referral. "We are glad to see that the lapses in judgment and implementation of poor mining practices that led to these men being killed and injured are acknowledged as egregious enough to merit consideration for action as serious as this," Havas said.
    But they also opposed the request to suspend action in the pending civil cases as being unfair to the victims' families. Anderson, Genwal Resources' attorney, also objected. He contended it suppresses "the public's access to the very information MSHA claims supports its sensational allegations."
    mikeg@sltrib.com
   
   
   Disaster blame
   
    MSHA's request for a federal criminal probe is based on alleged safety violations cited in its July 24 report on the disaster, including nine against the mining company for:
    * Having coal pillars insufficient to control outbursts.
    * Mining "bottom coal."
    * Mining coal from a barrier pillar that's been deemed off limits.
    * Failing three times to revise the mining plan when earlier coal outbursts showed it was inadequate.
    * Failing three times to notify MSHA immediately of outbursts that disrupted work for an hour.
   
    Source: Federal Mine Safety and Health Administration