In July, MSHA announced it was fining mine operator Genwal Resources Inc., owned by Murray Energy CEO Robert Murray, more than $1.3 million for "alleged violations that directly contributed to the deaths of six miners last year." MSHA also fined mining engineering consultants Agapito Associates Inc. $220,000 for "an allegedly faulty analysis of the mine's design."

On the same day MSHA released its own scathing report and requests for fines, a report prepared for Secretary of Labor Elaine Chao accused MSHA of failing to "fully meet its responsibility by approving the roof-control plans for mining the north and south barriers" of the Crandall Canyon Mine. The report to Chao blasted MSHA for what it termed to be multiple failures of MSHA during the approval process for mining inside Crandall Canyon and during inspection activities and rescue attempts after the collapse.

In the meantime, Tolman has asked the secretary of labor for a stay of all civil proceedings in response to MSHA's criminal referral this week. Several lawsuits have been filed on behalf of injured victims and surviving family members from both mine collapses.

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E-mail: sspeckman@desnews.com