After Sago, MSHA was told by members of Congress to open up all records and make the information public, and it did so. The Crandall accident should be no different. The state, or citizens, should not have to beg, plead or demand information from a U.S. government agency that has nothing to do with national security. The reason? Section 103(h)of the 1977 Mine Act states in part: " ... all records, information, reports, findings, citations, notices, orders, or decisions required or issued pursuant to or under this Act may be published from time to time, may be released to any interested person, and shall be made available for public inspection." Any mining information should be turned over to whomever asks for it -- be it a state panel, the UMWA, journalists, a concerned citizen or family members. The employees at MSHA/DOL work for us -- "we the people." The heads of these government agencies seemed to have forgotten this very basic concept.
-- Ellen Smith
Mine Safety and Health News

ES:


(1) The reg you quoted does use word MAY twice.
(May-#1) It states "from time to time" but does NOT say what the time span is.
(May-#2) It states "may be released" but does NOT give a time-table in which to do so.


(2) The reg you quoted does NOT say UPON REQUEST in respect to availability to the public. Meaning it does NOT say WHEN the info has to be turned over. As with ANY govt investigation, while an investigation is ON GOING the govt can hold back information to maintain the integrity of said investigation.


(3) MSHA has NOT stated that they will NEVER release said information...only that they will not do so at this time in order to MAINTAIN THE INTEGRITY of the investigation.


(4) I also see the state's CURRENT SUDDEN INTEREST in mine safety nothing OTHER THAN POLITICS prostituting the deaths of the miners. If the state was SOOOOOOOOOOOOOOOO concerned about mine safety then why did they wait UNTIL NOW when most of the other states HAVE NOT WAITED UNTIL NOW.


(5) I've been a union supporter during my life BUT in THIS CASE the union DISGUSTS ME for also participating in the prostituting the deaths of the miners.

". . . and shall be made available for public inspection."

Note the "shall"?

In some crazy parts of the world -- yes, even right here in the USA -- people believe that more public access to "public" records and info generated by public officials with our tax money is a good thing. I know that idea makes some in Utah kind of nervous. Ya just never know what an "open door" might let in or out.

And just how the heck is releasing mining data going to "compromise the investigation"?

--Because the investigators are going to be criticized if they overlook something obvious?
--Because they are going to be held accountable?
--Because they are not going to be able to make claims that contradict the evidence no matter how convenient that can be?

Hey, call me crazy, but I think accountability is good, not bad.

anonymous,

btw, the entity requesting the information is not a union. It is a state commission with respectable professional people who are concerned about SAFETY.

i think that everything sould be shown to the family they could give them that much

Lifer, And where does it say WHEN aka a time-table to do so? It is SOP in many areas to keep certain ON-GOING investigations contained to protect the integrity of the investigation. And if you can't comprehend how the investigation could be comprised then, IMHO, you don't understand much about investigations. Long ago the state abdicated the regulation of mines along w/ 17 other states but not all of the states...IOW the state of UT are "Johnny-Come-Lately"s.


And I did NOT say the union was requesting the info. In reference to the union I was only stating my over all opinion of the union actions throughout (& continuing basis) this situation. Just like those who prostitute other disasters for their own agendas/personal benefit like 9/11, Katrina, military casualties & so on. Bully-pulpits to get what they couldn't get before. Using the dead to further their own agendas.