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Digging for truth: MSHA should cooperate with state
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The federal Mine Safety and Health Administration can't tell friend from foe. MSHA is refusing to share with the Utah Mine Safety Commission all of the information gleaned in its ongoing investigation of the Crandall Canyon coal mine tragedy.

In theory, the federal agency and the state commission have identical goals: They each hope to learn what they can and apply what they learn to better protect underground coal miners. And the newly formed state commission, lacking its own investigators, was counting on MSHA for data.

So what's the problem?

Why, for goodness sake, would MSHA assume an adversarial stance with the state commission? Why would MSHA not willingly share information and work in collaboration with our state mine safety commissioners? Why? Why? Why?

James Crawford, an MSHA attorney, told the state panel that MSHA is afraid that releasing information during the investigation could lead to false conclusions. More likely, MSHA is afraid that releasing information could lead to the correct conclusion: The agency, after a cursory inspection, approved a dangerous mining plan that resulted in a deadly accident, then botched the rescue attempt.

In Washington, another MSHA lawyer was giving the same spiel to one of three congressional committees planning probes of the accident. The agency attorney unsuccessfully asked a House committee to delay its investigation until the MSHA probe was complete, again citing the "false conclusion" scenario. It's just another prelude to a cover-up.

By withholding information until its investigation is concluded, MSHA retains its ability to pick and choose its facts regarding the accidents that killed six miners and three rescuers. It reserves the right to twist, spin and mold the data to arrive at a conclusion that holds the agency harmless. And, by conducting its investigation in the dark, MSHA can sugarcoat the findings and see if the public and the families of the dead will swallow it.

"I hope you are sensitive to our need to protect our investigative process," the MSHA attorney told the state commission. But the commission, appointed by Gov. Jon Huntsman to determine if the state should re-establish its own mine regulatory agency, quite rightly didn't buy the argument. The panel has a job to do, and MSHA's brush-off amounts to a roadblock.

Commission Chairman Scott Matheson Jr. vowed to "push" MSHA for all relevant data. Utah's congressional delegation should do the same. Somebody needs to stick up for Utah coal miners because MSHA alone can't be trusted with the job.

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