CRIMINAL NEGLIGENCE

In the long history of coal mine enforcement, it's a rare thing for a coal
operator to spend time in prison, even when clearly negligent practices lead
to injury and death.

That's why the sentence imposed on former operator Robert Ratliff by
U.S. District Judge David Bunning, in the first such case he has
handled, is so welcome. Judge Bunning has struck a blow for safer
mines and saving miners. He has warned those who run these inherently
dangerous workplaces they will be held personally responsible, up to
and including time behind bars.

One could empathize with Mr. Ratliff. He faces 60 days for safety
violations that led to the death of one miner and the injury of two
others. He has lost his company and his mining licenses. Cody Mining
was fined $536,050. Worst, his son was terribly injured in the incident.

Still, the prison time was justified. The state's top mining industry
spokesman, Bill Caylor of the Kentucky Coal Association, put it well:
"It shows when people break the law, they have to pay the price."

Outlaw operations like Cody No. 1 not only are dangerous but also are
unfair competitors of the majority of responsible mining firms.
Cutting corners on safety saves money, but takes lives.

There's still some unfinished business left by Cody No. 1, where
investigators found a bag of marijuana and after a dead miner's urine
tested positive for the synthetic narcotic painkiller hydrocodone. The
full extent of drug use at the mine remains a mystery, because current
law doesn't allow testing of survivors, even after the worst accidents.

In the orgy of self-congratulation after the recent do-little General
Assembly session, members failed to note that a bill to allow such
testing couldn't even get a sponsor. That must change.

The administration of Gov. Ernie Fletcher, whose regulators acted
quickly after the Cody disaster, appears ready to push for testing to
help get rid of drugs in the mines. Gov. Fletcher has been willing to
brace the coal industry's politically powerful campaign givers by
insisting on lawful mining and hauling operations and by supporting
mine enforcement officials who want to do their jobs. He can go one
step further by leading the effort to make Kentucky's mines drug-free.

The lesson of the Ratliff case applies: To deal with drugs in the
mines, the state must ensure not only that the workforce is clean but
that bosses who look the other way are held responsible.