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An Independent Panel Assessment of an internal review of MSHA enforcement actions at the Upper Big Branch Mine South; requested by the Honorable Hilda L. Solis, Secretary, U.S. Department of Labor

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      "Following the explosion at the Upper Big Branch Mine South, the Secretary of the U.S. Department of Labor, Hilda L. Solis, requested that the Director of the National Institute for Occupational Safety and Health identify a panel of individuals with relevant experience to conduct an independent assessment of the Mine Safety and Health Administration (MSHA) Internal Review (MSHA IR) of MSHA enforcement actions at the UBB. Four experts in areas relevant to MSHA's UBB enforcement activities were appointed by the Director to serve as members of an Independent Assessment Panel (IP). In June 2010, the IP met with the MSHA IR Team for the first time. Over the ensuing 18 months, seven conference-call meetings between the IR Team and the IP were help. On February 23, 2012, the MSHA IR Team provided its IR Report to the IP and on March 22, 2012, the Independent Assessment was provided to Secretary Solis. After review the MSHA IR Report in detail, the IP does not take exception to the Report's conclusion that the mine operator, not MSHA, caused the explosion. However, the IP believes that the characterization of the facts underlying this conclusion understates the role that MSHA's enforcement could have had in preventing the explosion. Had the MSHA IR Team considered the causation issues from a broader viewpoint, the IP believes that the Team could have posed, and addressed, the question: would a more effective enforcement effort have prevented the UBB explosion? The IP believes that had the Team addressed this question, it would be in a better position to help MSHA define and prioritize its recommendations and succeed in implementing them." - p. i

      "The views expressed by the Independent Panel do not necessarily represent the views of the National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, or the U.S. Department of Health and Human Services."

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