Cord Byrd: “Mr. President, we need to find a way to ensure that fair penalties are assessed by administrative law judges and the…”

“Mr. President, we need to find a way to ensure that fair penalties are assessed by administrative law judges and the Mine Safety and Health Review Commission within the appeals process. We must continue to review and ask questions about the structure of mine rescue teams and the changes codified by the MINER Act last year. Here is another area where the rules issued by MSHA in recent years have contradicted the intent and spirit of the 1977 Mine Act. We must continue to probe whether enough has been done. Two deaths last month in southern West Virginia serve as a macabre reminder that the crisis in the coal fields is not yet over--will probably never be over--but we have got to work at it. It is not yet over. We must be innovative. It is time for us to stop simply addressing mine disasters as they happen. We must seek opportunities to get ahead of the dangers. We must use foresight as well as hindsight. Last month, I met with the Assistant Secretary of Labor, Mine Safety and Health, Richard Stickler. Mr. Stickler is in his current position because of a recess appointment in October 2006. He has not been confirmed by the Senate, and so his appointment will expire at the end of this year. I am hopeful that he will prove himself a friend of the coal miner. He has a dedicated team at MSHA, which includes many former coal miners who would like to see MSHA do better. I am convinced that more can be done.”