Sixteen months after Biden’s presidency, Republicans are still effectively scrutinizing the federal agency that oversees mine safety, frustrated miners ’supporters who say Trump’s candidates will continue to make decisions that friendly to miners.
Many people outside the industry don’t know about it Federal Commission for Mine Safety and Health Review, An independent agency that handles legal disputes arising from subpoenas and fines from mining companies. But the commission plays an important role in making sure workers can get out of their mines alive, in interpreting health and safety laws, and in making sure they are properly enforced by federal inspectors. .
If the Mine Safety and Health Administration issues a fine to the mine operator, the operator may appeal them to the commission. In general, a commission more in line with operators than a security hawk makes it difficult for inspectors to apply the law aggressively.
The commission is expected to have five members in office who will serve in stages and review cases as a panel. Traditionally, the president’s party has three members and the second party has two. But the agency currently has only three Senate-certified commissioners, with a 2-1 GOP majority. Two Republicans, William Alten and Marko Raikovich, have long been lawyers for mining companies.
The only Democrat was Art Trainor, a union lawyer who was a former U.S. miner. President Joe Biden has appointed a coach to lead the committee, but the coach could still surpass his two parliamentary colleagues in controversial cases that set a precedent. Such decisions can determine when a mining operator can be Fine for security breachOr when he was a miner Protected by law For them Security activism.
“This is wrong with the Democratic president and Republicans, who make up the majority of the commission. These are very important positions for all miners in the United States. “
– Tony Opegard, Mining Security Attorney
The White House has proposed two more candidates who, if confirmed, will occupy all committee seats and form the expected 3-2 Democratic majority under a Democratic president. These candidates have already been sacked by the Senate Committee on Health, Education, Work and Pensions, but have yet to get a vote in the Senate session.
Elections are supposed to set the direction for federal policy, but lesser -known agencies, such as the Mining Commission, often remain unscathed for long periods of time, said Max Steer, president of the Civil Service Partnership, a non -profit organization that tracks presidential candidates. Steer said the Biden White House, like most recent administrations, has been slow to play many roles (though not as slow as former President Donald Trump). He said most of the problems are in the Senate.
“It’s a classic pipe with a lot of locks,” he said. “These are agencies that have no common political power, which will eventually be destroyed.”
Tony Opegard, an attorney who represents miners in security matters, said he has long considered the commission extremely favorable to operators. He hopes that victory in the 2020 democratic elections will change his face and lead to decisions that will enact legislation in favor of miners. He noted that the commission establishes safety not only in coal mines, but also in metal mines and not across the country.
“This is wrong with the Democratic president and Republicans, who make up the majority of the committee,” said Opergard, whose many clients are security informants. “These are very important positions for all miners in the United States because they explain the law [Mine Safety and Health Act] And all the difficulties of this law ».
An aide to Senator Pete Murray (D-Wash.), Who heads the HELP committee, said he was looking for a vote for future commissioners.
“Senator Murray is trying to confirm Mary Lou Jordan and TJ Baker – two highly qualified candidates committed to the safety of mine workers – and he simply believes there is no reason for further delay,” the aide said in a statement. e- mail.
But even if the commission ends up with a Democratic majority, it may not last long.
All three current commissioners were appointed by the previous administration and passed by the then GOP-controlled Senate as a group in 2019. But the Trump administration put Trainor, the only Democrat, on a committee chair that expired first. , this is the step. This is likely to strengthen the GOP’s position on the Commission. The coach post will open this August, while Alten and Raikovich Fill out their posts before August 2024.
This means that even if Democrats approve two candidates pending voting in the Senate, they must immediately appoint a coach or nominate a new candidate in his or her place to avoid a 2-2 commission that could get stuck in cases. at the end of the summer.
Following the Commission’s investigation, essentially sold, the agency was transformed into political football.
Like E&E News recently Reported, Republicans, along with the Congressional Oversight and Reform Committee, accused the coach of “political interference” and “misconduct” as chairman of the committee. The coach told HuffPost that the allegations were false. But, even if unreasonable, they could ruin the prospects of a coach’s re -confirmation, forcing Democrats to accept another candidate for a majority on the committee.
The coach said the Trump administration’s maneuvers with commission mandates have left Democrats three consecutive seats from their own party, which is unlikely to have a bipartite compromise with Republicans.
“Because they were all Democrats, they spewed mucus,” he said.
The trainer recently sent a letter to the HELP committee saying it was a “grossly unethical and criminal offense” by Commission staff to oversee Alten and Raikovich, including providing fraudulent employment benefits under the COVID assistance program. – 19, E&E. Alten and Raikovich called the allegations false.
The coach said his biggest concern was how the safety law was formed. He said the commission will pass legislation in favor of mining operators as long as Republicans are more than Democrats.
“For most in a short period of time, they have severely damaged the legal protection that has been put in place for miners for decades,” he said.
Alten said he was hurt by it.
“This information that we are reducing the safety of miners is not true,” he said. “I totally reject the idea that cameraman’s lawyers are bad people who don’t care about workers. I was in critical areas. “
Raikovich denied the request for an interview, but said in the letter that the idea that Republican commissioners were breaking security was “wrong”.
“I’ve spent my whole life in the mining industry, I always put safety first,” he said. “As a commissioner, it is my duty (and that of all commissioners) to have an impartial view and to act fairly and lawfully.”
Perhaps the most controversial case before the commission involved a subsidiary of coal giant Peabody Energy. Most can set a precedent that makes it easy for mining operators to avoid.Important and important“Breaking security, saving tens of thousands of dollars in potential fines and preventing mine closures. The trainer said the majority position would complicate compliance with the requirement that operators have underground shelters for miners in case of an emergency.
“For most in a short period of time, they have completely undermined the legal protection that has existed for decades for miners.”
– The president of FMSHRC, Art Traynor
The commission has not yet made a decision. Შi Public discussion Last year, Trainor said his colleagues were doing their best to reverse the previous decision in favor of the industry. The hearing closed, Trainor called Raikovich dishonest and later Trainor and Alten shouted at each other. Alten blamed the coach for the slowness of the case so they could not make a decision, saying the coach was “looking for two more commissioners”.
By-elections this fall could further complicate efforts to reform the commission, depending on the length of vacancies. If Republicans take control of the Senate next year, they could prevent Biden from taking any open position that would prevent a Democratic majority.
Similar problems plague another worker safety agency, the Occupational Safety and Health Review Commission, which reviews subpoenas issued by OSHA inspectors. This agency is a three -member body, but currently has only two commissioners approved by the Senate, a Democrat and a Republican.
white house Favorite appointment Without explanation from a potential third commissioner, Democrat Susan Hartley, last month. As is the case with the Mine Safety Review Commission, it is unclear when all agency seats will be occupied and controlled by a Democratic majority.
Debbie Berkovic, an occupational safety expert and former OSHA official, said the commission deadlock will not solve some cases where commissioners disagree. And by law, he said, employers will not face potential threats with OSHA quotes as long as the complaints are in commission.
“It’s good for Republicans and their big business supporters that these agencies don’t work or are in the hands of Republicans,” he said. “Those affected are miners and other workers in hazardous industries.”
Source: Huffpost
