Mining disaster raises questions about effectiveness of safety laws - CNN.com

Mining disaster raises questions about effectiveness of safety laws - CNN.com: "However, mine experts interviewed by CNN said the MINER Act and the MSHA regulations have proven insufficient to crack down on chronic offenders.
One reason is an apparent loophole in MSHA policy that allows mining companies cited for violations to avoid being designated as multiple offenders facing a government-ordered shutdown.
MSHA looks at citations over the previous two years to determine whether a pattern of safety violations exists. If it determines such a pattern, MSHA can then begin steps to shut down a mine or a particular part of a mine where the violations have occurred.
The problem, experts say, is that MSHA only considers final citations -- those that have completed the potentially lengthy administrative and legal process.
While mine operators are compelled to quickly abate any safety violations, they can appeal particularly troublesome citations and subsequent fines to delay final resolution of them until after the expiration of MSHA's two-year window for consideration."