After the explosion that rocked a West Virginia mine, killing 29 workers, Mine Safety and Health Administration inspectors have stepped up their efforts, using the regulatory tools already available to them to expand their enforcement activities.
A reform bill making its way through Congress would expand the mine regulator’s authority, but what’s already changed is that inspectors are now using preexisting powers to a much fuller extent — particularly their ability to conduct surprise inspections and pull workers out of mines with serious health hazards until those hazards have been abated.
“We’re aggressively using the closure order as a tool of choice” Main said.
“I see more withdraw orders than I ever saw in the past,” said Ellen Smith, the managing editor of Mine Safety and Health News. “MSHA’s always had power to issue them,” she said, “they just didn’t use the power that they had to the fullest extent. They’re doing that now. They’ve never done it before, under anyone.”
MSHA statistics show 1,287 closure orders between April 5 and August 5 of this year, 285 more than during the same period last year.
Smith said she’s even heard of surprise inspections in off hours. “For MSHA to go into a mine on third shift was unheard of,” she said.
One law has changed, to dramatic effect – a measure inserted into the financial reform bill which requires mining companies who trade on the stock market to register serious mine violations with the SEC. This has caused fluctuations in stock prices when serious violations get noticed by industry analysts and shareholders.
Similarly, in response to a large-scale event, the FDA plans to inspect all large egg farms in the United States, where about 80% of the nation’s eggs are produced.
An Obama administration official says inspectors will visit about 600 large egg farms that produce 80 percent of the nation’s eggs. The official spoke on condition of anonymity because the plan has not yet been announced. This will be the first government effort to inspect large egg farms, as most of them have gone largely uninspected for decades.
The FDA’s plan for heightened inspections came after more than half a billion eggs linked to cases of salmonella poisoning were recalled from two Iowa farms this month. The inspections will be conducted as part of new FDA rules put in place this July to prevent salmonella in shell eggs.
In both of these cases, the emphasis on prevention comes only after a tragedy occurs. It spurs the regulatory apparatus into action. The post-tragedy effect is positive, but you would have hoped that the deaths of 29 miners or the sickening of 1,500 egg eaters would not be necessary to kick-start these efforts. Especially because, in the case of Jack DeCoster, proprietor of the two big egg farms involved in the recall, the signs were readily apparent that he was a menace:
Long before Austin “Jack” DeCoster became a central figure in one of the largest egg recalls in history, he had paid more than $10 million in fines and suit settlements, his eggs were banned in one state and quarantined in another, and he was almost single-handedly responsible for new restrictions on child labor in his native Maine.
Despite this, both of DeCoster’s Iowa-based egg farms had never been inspected by the FDA.
I appreciate this leap to action by the MSHA and the FDA, but wish it didn’t take sickness and death to get us there.




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I don’t suppose DeCoster will ever be held accountable, some people are shameless in pursuit of the buck.
GREED is what is the root of all these woes. Plain Ass GREED!
The Republican ideal
Enforcement rises, for awhile.
The Democrats ignored it, too, until the headlines happened. There’s a particular kind of foolishness that afflicts political leaders, which is that they don’t feel a need to do something until the need for it is amply demonstrated. No one in his right mind would think that failing to inspect a firm that produces so many eggs was a good idea. There are too many possible consequences, one of which happened recently to spur the FDA to action.
This isn’t the first time that inspections have been a problem recently. Note the date, and recall which party ran Congress at that time. I suppose one could fairly assert that they were too busy avoiding doing all the other things we’d sent them there to do, but beefing up the inspection mechanism would have been a nice distraction, don’t you think?
This is heartening news. Now when will we get this kind of proactivity for big oil? We have had deaths in that industry as well, but so far the regulatory authorities have given little more than lip service to the industry.
Screw the political leaders, what about the people WHO WERE BEING PAID TO DO THE JOB?
So without any new powers or funding, the existing contingent of inspectors is actually…inspecting. For a change. Whatever they’re doing now, they could have been doing before, and didn’t. Whatever ‘management’ had them not doing it, should be fired.
Book Salon up with Frances Moore Lappe’s Getting A Grip 2: Clarity, Creativity and Courage for the World We Really Want hosted by Christy Hardin Smith
Registering serious mine violations with the SEC won’t help if the mining companies continue to demand hearings on almost every violation. In 2009 there were 13000 (!) cases waiting to be heard.
very rigorous fact checking by those industry analysts. If isn’t shoved in their face, they don’t know/care about it.
the inspection regime that has been used for a while is I believe “haccap” which is a self inspecting system, which union /government inspectors warned about’
The laid off inspectors described it as “have a cup of coffee and pray”
h a c c a p
Thanks so much for highlighting this story, David. Here’s another story of industry gone wild, been wild and will continue to be wild until somebody has the courage to stop it. At least in this instance some justice was done.
Huge verdict shakes up nursing home industry
. . .
“A lot of times I walked out of there [the nursing home where her father, Alzheimer's patient, was an inmate] crying because of the things I saw,” Cool said an interview.
She provided key testimony before a Humboldt County jury last month slammed the owners of her father’s nursing home with a $677 million verdict, sending shock waves through the industry and rekindling calls for tort reform.
. . .
The company’s stock price has plunged on fears it will have to file bankruptcy. Cool, 58, was part of a class-action lawsuit representing 32,000 patients that blamed the nursing home staff shortage for the misery she encountered – echoing a common complaint across the country that for-profit nursing homes are too concerned with the bottom line.
. . .
After Wall Street investment firms went on a nursing home buying spree during the early years of the new century, critics charge that many companies drastically cut payroll expenses to prop up stock prices.
“The lawsuit accused Orange County-based Skilled Healthcare of failing to maintain 3.2 nursing hours per patient per day at its 22 nursing homes in California.”
LINK.
Do note: 1) that’s 3.2 nursing hours available per patient per day, on average, 2) the “nurses” involved are primarily nursing aides/orderlies and 3) tort reform will sure do a lot to reform the outrageous situation within too many nursing homes today.
David great piece and it ties in to my two lasts posts.
And now as sabretoothedcritter said, can we do something abou the oil industry?
I’m so tired of waiting for the tragedy for action to take place. The media needs a whistleblower or a tragedy to cover it, to make “news” and then they politicians notice if if it is big enough and involves the right people.
We need to make news in these areas. Some times we need to help the people who are crying about this other times we need to amplify the voice of the people who aren’t crying loud enough or don’t want to take on the powers.
Right now we should push the FDA to stop okaying any seafood until they start testing 100 percent of the seafood for Corexit and heavy metals and issue new guidelines for who can eat what how many times a day.
And BP should pay for all the lost revenue from Fish/Shrimp that were not caught/sold. If we don’t, people will get sick and die.
You know nothing about how a government works, it would appear. Political appointees set the tone in a government department, at least in this country. Those appointees have been appointed mostly for their ability not to do things like inspect meat lately.
Most of what the President does is not in the area of legislation.
Interesting article, trying to explain how Obamarahma econ policy is just not making it. (He got rolled by Wall Street, believe it or not.)
Obama’s Old Deal
Why the 44th president is no FDR—and the economy is still in the doldrums.
“Yet for most of that first year, Obama and his economic team had largely ignored Volcker, a sometime adviser. Treasury Secretary Tim Geithner and chief economic adviser Larry Summers still questioned whether Volcker’s proposals were feasible. Now Obama was pressing them—very gingerly—to reconsider. “I’m not convinced Volcker’s not right about this,” Obama said at one meeting in the Roosevelt Room. Biden, a longtime fan of Volcker’s, bluntly piped up: “I’m quite convinced Volcker is right about this!”
. . .
“Yet those who were most aligned with the “progressive” side of the Wall Street reform issue remained, for the most part, on the outside of the administration looking in. Among them were Brooksley Born, the former chairwoman of the Commodity Futures Trading Commission, and Nobel-winning economist Joseph Stiglitz. Summers and Geithner, by contrast, had been acolytes of Bob Rubin, the former Clinton Treasury secretary who, along with then–Fed chairman Alan Greenspan, had presided over many of the key deregulatory changes in the ’90s. And they convinced Obama that the financial system they themselves had done so much to nurture was, on the whole, fine.
. . .
“Now it looks like grim growth and unemployment numbers could extend all the way into 2012. Distracting himself with health care and other issues, Obama may have politically maneuvered himself out of the only major remedy that could bring unemployment down and growth up enough to assure his re-election: another giant fiscal stimulus. Today, after engendering Tea Party and centrist Democratic resistance to more government spending by pushing his health-care plan, the question is whether he has the political capital he may well need, in the end, to save his presidency. And after a two-year fight over financial reform, one other question still lingers: has Wall Street come out the big winner yet again?”
LINK.
I guess Biden became a fan of Volcker after 1999, because before that Biden participated in the destruction of Glass-Steagall.
The Gramm-Leach-Bliley act was passed by Republicans on a party line vote — but Democrats DID NOT FILIBUSTER even though they had the votes, and they voted overwhelmingly for the conference report.
In the end the only sitting Democrats who consistently opposed repealing Glass-Steagall were: BOXER, DORGAN, FEINGOLD, HARKIN, MIKULSKI