Aug. 7, 2006
 
Senate Sends MSHA Nomination of Richard Stickler Back to White House
 
From Sen. Robert C. Byrd Press Release
 
Washington, DC (HNN) – The U.S. Senate early Friday, Aug. 4, 2006, returned the nomination of Richard Stickler to head the federal mine safety agency to the White House.
 
"America’s coal miners need to have faith that the top man in the federal mine safety agency has their protections as priority one. In large respect, the lives of our coal miners are in the hands of the leader of the mine safety agency. That person must have the confidence of the miners and the ability to win Senate confirmation," Byrd said. "Without Senate confirmation, doubts will continue to linger about the Administration’s commitment to the safety of our coal miners."
 
Senator Byrd, D-WV, and Senator Edward M. Kennedy, D-MA, the leading Democratic member of the Senate mine safety oversight committee, led the effort to reject the Stickler nomination on Friday morning. Byrd and Kennedy have expressed concerns with the nominee’s record, and hoped that the Senate action on Friday would provide the Bush Administration with the opportunity to nominate someone more focused on miner safety.
 
"I join Senator Byrd in insisting that the Stickler nomination be returned to the President. It’s unconscionable in the midst of the current mine safety crisis, the President would send us such an unsuitable choice for this key position," Senator Kennedy added. "Mr. Stickler’s record demonstrates that throughout his career he has focused on profits and production, not worker safety. I urge the President to send the Senate a new nominee who will give America’s miners the protection they deserve."
 
Byrd and Kennedy relied on a Senate Rule to send the nomination back to the White House. According to Senate Rule 31, whenever the Senate adjourns for more than 30 days, all nominations pending are, in essence, rejected and returned to the President. Normally, that rule is waived and the nominations remain open for further consideration. However, on Friday, Byrd and Kennedy objected to waiving that rule for the Stickler nomination, and the Senate followed their lead.
 
"We have a moral obligation to do everything we can to put an end to the safety crisis in our nation’s mines. To meet that obligation, we must insist that the agency supposed to be the safety watchdog has bite as well as bark. We need a strong leader at MSHA who will place miner safety above all other priorities at the agency," Byrd stated.
 
"This is an opportunity for the White House to step up and show that it is sincere when it tells coal miners that their safety is paramount," Byrd said.
 
Byrd noted that, earlier this year in response to fatal coal mining tragedies in West Virginia and many other states, the Congress created new mine safety laws. But those laws, Byrd argued, mean little if the agency responsible for implementing them places increased production above better safety protections.
 
The Bush Administration now has several options. It can nominate a different individual to lead the Mine Safety and Health Administration; it can renominate Mr. Stickler for the position; or it can use its Constitutional authority to appoint Mr. Stickler or another individual to the post while the Senate is in recess during August.