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MSHA spokeswoman Amy Louviere confirmed for International Longwall News Wednesday that Stickler’s orders are being carried out by the agency to further analyse the criteria used for chargeable deaths at mines.

“I have directed MSHA to review the criteria for determining whether fatalities occurring at or near mine operations are attributable to mining activities,” Stickler said.

“This review will ensure that the guidelines MSHA uses for making such determinations are clear so our agency's initiatives to improve mine safety are appropriately focused.”

The determination of a death “counting” towards a year’s fatality total for coal and metal/nonmetal (MNM) mines comes down to chargeable versus non-chargeable fatalities. If a death is deemed chargeable, certain liabilities are often assumed by the operator and financial responsibilities taken on by the deceased person’s family. Insurance issues also are often involved in these cases.

According to Pennsylvania newspaper the Pittsburgh Post-Gazette and MSHA records, 89 deaths had been tallied at coal mines and 175 deaths at MNM operations that were recorded under the heading of a non-chargeable fatality. While some of the deaths were not included in that total because of the details surrounding the death (such as suicide), the paper and website said 182 of the 264 deaths were filed under “natural causes”, such as a heart attack. A handful are also pending classification by the agency.

Louviere said a report or a possible publicising of the results via a statement regarding the review could be expected within the next few months and said the past deaths being reviewed span the last five years.

When asked if the agency is seeking to alter protocol for future deaths through this review, she said, “That will be determined by the outcome of the review.”

United Mine Workers of America spokesman Phil Smith told the Pittsburgh Post-Gazette: “The fact that they're going to take a look at it [criteria of chargeability] is good but, as with everything with MSHA these days, we're going to have to wait to see what their review finds.

“There are a lot of things they need to look at in terms of chargeability, and in terms of who's responsible.”