Business, Government Legal News from throughout WVMSHA budget reduction to increase time for plan approval

Though increased enforcement of mine safety violations remains a priority, a slight decrease in budget is expected to slow approval of coal mine ventilation and roof plans.

"We are at a make or break moment for the middle class, and the Labor Department's fiscal year 2013 budget request reflects our commitment to supporting an American economy that's built to last," said Secretary of Labor Hilda L. Solis. "Our budget request focuses on programs that will help keep America's workforce strong and innovative, while providing needed worker protections. It also makes responsible and reasonable cuts that are rooted in current economic realities and a continued focus on increased efficiency and effectiveness."

The Department of Labor's Mine Safety and Health Administration requested $372 million for fiscal year 2013.

A cut of slightly more than $1 million toward plan approvals will slow MSHA response to mine approval by eliminating the equivalent of 17 clerical positions.

"Plans address complex issues, such as unique geological conditions and ventilation issues, and assess the effectiveness of operator dust control and sampling programs," the budget states. "The time to complete plan approvals will increase."

Enforcement and inspection activity is still expected to be conducted "in a timely manner."

"In the wake of the Upper Big Branch (UBB) accident and investigation MSHA shifted priorities towards strengthening its enforcement programs.  The FY 2013 request prioritizes activities MSHA performs and applies limited budgetary resources to those areas where they will have the greatest impact," the budget states. "Every budget activity supports functions that prevent death, disease, and injuries from mining, but MSHA considers effective enforcement a top priority and proactive strategy to ensure workplaces in the mining industry are safe and healthy."

While the organization explains that mine plan approvals will take longer, the approvals will still be done in a timely manner.

"Despite the proposed decrease in funding for plan approvals, CMSH will meet its plan review performance goals," the budget states. "MSHA can quickly take measures to ensure proper ventilation and roof control standards are being applied in a mine.  This helps to ensure a safer mining environment."

The budget includes $16.9 million for reducing the backlog of contested violations at the Federal Mine Safety and Health Review Commission. The Coal Mine Safety and Health program budget is increased by about $2.9 million to "fully fund enforcement personnel and provide for additional equipment needs."

The Coal Mine Safety and Health program represents about 45 percent of MSHA's budget.

"(Coal Mine Safety and Health) will enhance enforcement for violations of the standards associated with fatalities and serious accidents and continue to write citations which are consistent with the seriousness of the violation," the budget states. "CMSH will place increased emphasis on mine operators' responsibility for conducting required health surveys to measure airborne contaminants."

Continuation of programs that target specific mines with known histories of unsafe conditions and impact inspections are also included in the 2013 budget. The time it takes is for a violation to reach "final order status" is anticipated to be reduced, freeing up a significant backlog of contested cases.

"(Coal Mine Safety and Health) estimates it will conduct approximately 5,300 mandatory inspections in FY 2013, but this number may vary depending on the number of operating mines," the budget states. "It will inspect all active underground mines four times per year and all surface mines twice per year."

The budget will also increase funding to fill staff vacancies to address issues such as impact inspections, dust emphasis inspections and accident prevention inspections. The increase is also expected to allow for more timely review of roof control and ventilation plans.

Inadequate ventilation is one of the issues investigators believe contributed to the 2010 accident at Upper Big Branch that killed 29 coal miners. Respirable coal dust is also linked to pneumoconiosis, or black lung disease.

The budget includes a number of efforts to reducing the instance of black lung disease, including continuous dust monitoring technology.

Another $2.2 million is requested by the agency to replace aging equipment. According to the proposed budget, MSHA's coal division was able to replace only a quarter of the equipment that had exceeded manufacturer's service life.

The Department of Labor's overall discretionary budget requests totals $12 billion. The proposed budget includes $125 million for a Workforce Innovation Fund with $100 million from the Department of Labor and a $25 million contribution from the U.S. Department of Education to reform the work force system.