Better late than never

Editor’s Note: This article is being published in three parts due to its length.

Last of a three-part series

While much of what inspectors found is within the control of operators, some problems clearly are not.  A CNMI mine operator appealed for more time and help, claiming he “was starting to rebuild after the hurricane.” As paraphrased by the inspector, the operator complained he had not yet received certification so he could train his employees, and added, “Our office uptown is still missing a roof from the hurricane. We can’t get workers [as] they only receive a one-year visa then they are deported and we have to start all over again. The local workers will not work due to the U.S. government give them welfare that [is] usually more money and benefits than they can get working on the island.” Another operator complained that months elapse before ordered parts arrive from the mainland. Non-English-speaking contract laborers from Asian nations present communications problems.

In what seems like an understatement, Main observed, “[t]here are some tough issues that have to be dealt with as far as the mining conditions that they have to come to terms with.”

Biggest obstacles for MSHA
Main said MSHA’s biggest obstacle has been “getting everybody attuned that this Mine Act has to be applied.” His statement in part reflects an allegation by CNMI officials, since refuted, that MSHA lacked jurisdiction. Another hurdle is MSHA’s having had to wrestle with understanding “just what we’re dealing with there, and an understanding by them of what they need to do to get ready for Mine Act enforcement.” He said MSHA is still trying to identify mines, especially “mom and pop operations.” The agency is also anticipating an extension of its reach to Micronesia, Palau, Marshall Islands and minor outlying islands, since these areas appear in MSHA’s DRS, although no mines are listed.

Because mine operators appear to have lobbied their political representatives to keep MSHA at bay, opposition from government officials would seem to be another potential roadblock. But Main essentially said no. “I am really thankful given the support we’ve had from congressional representatives, the support we’re having from the local governmental agencies and the growing recognition by the mining industry that, yeah, this is coming.” Indeed, the Tribune quoted CNMI’s Labor Secretary Edith DeLeon Guerrero as stating that when it comes to worker safety, “‘any regulating department or agency is responsible to make sure they enforce their laws, whether it’s at the federal level or the state level.’” Main said MSHA was trying to institute the same cooperative federal-state mining model on the islands as now exists in the U.S.

Although less an obstacle than a headache, perhaps even literally, a huge time change exists between the mainland and CNMI because the latter is located across the international dateline. Saipan is 18 hours ahead of San Francisco and 21 hours ahead of Pago Pago, which is three hours behind San Francisco.

It remains to be seen how MSHA will administer the law in these Pacific territories. Options apparently are to set up offices on-site or operate out of the Western District’s main office in California. Hawaii would also seem to be a possibility, but, interestingly, although the Western District has field stations and field offices in two western states, it has no administrative presence whatsoever in the Aloha state, despite the 38 active and intermittent mines present there, according to MSHA’s website.

As for funding, MSHA is seeking an extra $350,000 to support Mine Act enforcement in the western and southern Pacific regions in fiscal year 2017. The estimate is surely based in significant part on travel expenses incurred by staffers over the past year. From our FOIA request, we learned that the agency paid $196,356 in travel expenses for 14 MSHA personnel to make 35 trips to the islands during a 13-month period that ended May 31. Nine personnel were from the Metal/Non-Metal Inspectorate, four from Educational Policy and Development and one from Technical Support.

The per-person cost for dedicated trips to Saipan in the CNMI and Samoa came to an average of about $500 a day. Those exclusively to Guam came to $527, an average influenced by a seven-day visit by the same metal/non-metal traveler, which cost the government $782 a day. This person also billed the government $710 a day for five days in Samoa. Although travelers were not identified by name in the FOIA, two of the four Pacific isle visits by this individual matched in-country dates reported by the local media for Western District Manager Andrews.

If past MSHA enforcement in the U.S. is a prologue to what is to come, island metal/non-metal operators are in for a very bumpy ride indeed in the near future.

James Sharpe (Special to the Saipan Tribune)

James Sharpe, a certified industrial hygienist, is the former Vice President of Safety and Health Services for the National Stone, Sand & Gravel Association, a trade group based in the Washington, D.C. area that supports the U.S. aggregate mining sector.