The bottom line on all this is that we need to be committed to the idea that whatever it is that gets us to increased safety (including more enforcement, if that’s what the studies show) is something we are willing to pursue. Until then, we need to keep questioning whether the current system is really getting us anywhere. We need to keep exploring the best ways to achieve the safest work environment that can be achieved. We need to keep working for safety in the best way we know how, and we need to do our best, regardless of what MSHA might or might not be doing, to protect our miners.

I’ll see you all down the road. Until then, stay safe.

Mark Savit is a partner with Patton Boggs LLP. He can be reached at 303-894-6117 or msavit@pattonboggs.com.