This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
TheStreet Open House

Feds OK Rules They Say Will Improve Mine Safety

Stripping the appeal from the current system denies operators their due-process rights, the association contends.

MSHA has said that until 2007, its pattern of violations screening was "decentralized and lacked a consistent, structured approach."

That changed after back-to-back disasters in 2006 at the Sago and Aracoma mines in West Virginia, and at the Darby No. 1 mine in Kentucky. MSHA developed new screening criteria and a scoring system to produce new computer-generated lists.

Main said the numbers show the new system is working: In 2010, 53 mines were identified during the screening process, and 17 received letters they could be labeled pattern violators. Last year, only 20 mines met the screening criteria, and only four received such notices.

That shows the new rules "will not affect most of the mines in this country," Main said. "And those who have problems have opportunities to fix those problems."

The National Mining Association, however, said the rule means some operators will "unjustifiably" be put on a pattern of violations list, "the agency's most severe enforcement tool, with little or no protection."

Operators and the public have been able to view violation data online since April 2011, and Main said it is up to the companies to check for any potential problems.

There is nothing in the Mine Act, Main said, that requires MSHA to warn the operators. But those who see they have a problem developing can submit an improvement plan to MSHA, which can consider that as a mitigating circumstance in its review.

The rule is the third regulation MSHA has issued to try to prevent coal dust explosions like the one at Upper Big Branch.

In June 2011, it passed new standards for rock dusting, or the application of pulverized limestone to render coal dust inert. Last year, it passed rules related to problems at Upper Big Branch, including ventilation, methane, roof control and accumulation of combustible materials.

2 of 3

Check Out Our Best Services for Investors

Action Alerts PLUS

Jim Cramer and Stephanie Link reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

Jim Cramer's protégé, David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
Try it NOW
Try it NOW
Try it NOW

Check Out Our Best Services for Investors

Dividend Stock Advisor

Jim Cramer's protégé, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Options Profits

Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • Actionable options commentary and news
  • Real-time trading community
Try it NOW
Try it NOW
Try it NOW
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!

Markets

DOW 17,164.95 -251.90 -1.45%
S&P 500 1,994.99 -26.26 -1.30%
NASDAQ 4,635.24 -48.1670 -1.03%

Partners Compare Online Brokers

Free Reports

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs