Capito Seeks Public Release of Sago Mine Records
Capito Seeks Public Release of Sago Mine Records
1/20/2006
Letter Asks that Department of Labor Revisit FOIA Policy
CHARLESTON - (1/20) - Congresswoman Shelley Moore Capito (R-WV) wrote to Labor Secretary Elaine Chao today urging the Department of Labor to revisit its policy of denying all requests under the Freedom of Information Act (FOIA) for notes taken by Mine Safety and Health Administration inspectors until a case has been officially closed. The letter asks that changes be implemented immediately so that information relating to the Sago Mine tragedy will be available to the public as quickly as possible.
"While we all understand the need to keep some records confidential so that investigations are not compromised, there is a clear public interest in having access to accurate information about our nation's mines," Capito said. "Waiting until an investigation is closed to have access to federal records may mean the public does not see these documents for several years."
Capito joined with House Education and Workforce Committee Chairman John Boehner (R-OH) and Subcommittee on Workforce Protection Chairman Charlie Norwood (R-GA) in making this request.
The full text of the letter is below.
Dear Secretary Chao:
We want to thank Administrator Ray McKinney, Coal Directorate, for providing House staff with a comprehensive briefing on the Sago Mine accident and the actions taken by the Mine Safety and Health Administration (MSHA) in response to this recent tragedy. The information Mr. McKinney provided was most helpful; and, the briefing overall was a good first step toward helping Congress understand the steps your agency is taking to fully investigate this accident. As the investigation of this matter continues in earnest, we trust the Department will continue to keep members of the House informed as to its status and progress, and would welcome follow up briefings as time and progress make appropriate.
During Mr. McKinney's January 11 briefing, there was discussion of MSHA's current policy to deny all requests under the Freedom of Information Act ("FOIA") for notes taken by MSHA inspectors during on-site mine inspections until a case has been officially closed. We share the concern expressed by some that because it frequently takes years for MSHA to officially close out cases due to litigation over citations and fines, this blanket policy has had the effect of denying important information about mine safety to the public.
While we appreciate the need to ensure the release of information does not compromise ongoing investigations and citing and fining of operators, the Sago Mine disaster has highlighted the importance of vigorously enforcing mine safety standards as well as the strong public interest in having access to factual information about the nation's mines. While the agency has an interest in protecting confidential or private information as well as the deliberative process, the FOIA requires that federal records, such as notes from mine inspectors, be made available to the public in a timely fashion, so long as the public's access does not interfere with the agency's important work. In light of these concerns, we strongly urge you to revisit your policy and revise it to provide the public access to factual information, such as inspector notes. Moreover, we request that this change be implemented immediately, so that information relating to the Sago Mine accident will be available to all interested parties in a timely manner.
Thank you for your consideration in this matter.
http://capito.house.gov/press_office/detail-page.aspx?id=128&whichone=pr