ENFORCING MINE SAFETY

Don't suggest to La Juana Wilcher that she is anything less than fully
committed to coal miners' health and safety. As head of Kentucky's
Environmental and Public Protection Cabinet, it's her job. And she
says there is no priority higher on her list than protecting those who
dig coal in Kentucky.

It's encouraging that the tough-minded Ms. Wilcher will participate in
creating a task force to look into drug use by miners.

While shortcuts and evasions of coal operators typically are more
important in explaining accidents and deaths, the drug problem at mine
sites is real. A serious study is warranted.

What's ultimately needed, of course, is the kind of legislation
endorsed by the Kentucky Mining Board, which would allow state
inspectors to test miners. Drugs have figured in several recent
investigations, including the probe of Paul Blair's death at Cody
Mining's No. 1 mine in 2003.

It's helpful to punish companies for safety lapses. Cody was just
assessed $536,050 by federal regulators for violations related to the
explosion that killed Blair, and that's a fine big enough to have
deterrent effect.

But giving regulators the power to find out what's really going on in
the mines is even more important. As Ms. Wilcher said, "We need to
make decisions based on data rather than anecdotal
information."

As things now stand, coal companies come up with their own approaches
to drug testing. But self-regulation doesn't work in the coal
business, as the widespread practice of faking air samples has proven
in the past. The role for government, here, is critical.

Fatalities are down again this year. But serious accidents are at a
three-year high. The safety job isn't finished.