Warner, Kaine Press MSHA on Response to Mining Accident

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the U.S. Mine Safety and Health Administration (MSHA) regarding the agency’s response to a mining accident in West Virginia in November 2025 that resulted in the tragic death of a miner. The letter stems from concern that MSHA staffing shortages are hampering the agency’s ability to protect mine workers in Southwest Virginia who risk their lives to power our country. In the letter, the senators press MSHA on its decision to not deploy a seismograph during rescue efforts and the implication of workforce cutbacks on its ability to protect mine workers.

“We write regarding the tragic Rolling Thunder Mine accident that occurred in Nicholas County, West Virginia on November 8, 2025, resulting in the devastating loss of one miner. We have serious concern over reports that have raised questions about the U.S. Mine Safety and Health Administration’s (MSHA) response to the emergency,” wrote the senators.

“As you know, incidents of this magnitude demand not only a swift and coordinated response, but also transparency, accountability, and a clear commitment to preventing future tragedies. Miners and their families in Virginia and across the country deserve confidence that MSHA prioritizes worker safety and preventing disasters, while also maintaining capacity to respond to any emergencies immediately and adequately. We are concerned by reports that MSHA failed to deploy and use a seismograph in its response to the accident at the Rolling Thunder Mine, despite the agency having access to an upgraded system,” the senators continued.

Mining fatalities increased by 27 percent in 2025, raising significant safety concerns across the industry. The senators emphasized the need for MSHA to work with Congress to assess the factors contributing to this rise and to identify steps that can be taken to improve mine safety and prevent future incidents.

“These reports raise questions about whether the ongoing efforts to downsize MSHA’s workforce have begun to interfere with the agency’s ability to effectively protect our nation’s miners. According to MSHA’s own reports, the agency has 1,409 employees, which is 14 percent below the 1,637 employees funded in the agency’s fiscal year 2025 appropriations. We are alarmed that staffing shortages may have begun to affect the agency’s ability to conduct inspections to prevent future disasters, enforce critical safety regulations, and respond timely and appropriately to emergencies like the one at Rolling Thunder Mine. For instance, it has been reported that MSHA impact inspections, which are conducted at mines deemed in greater need of enforcement oversight due to poor compliance or accident history, dropped 75 percent in the first five months of the Trump Administration,” the senators added.

Warner and Kaine concluded the letter by demanding that MSHA answer a series of questions regarding its failure to deploy a seismograph during the November 2025 rescue efforts, its awareness of safety concerns at Rolling Thunder Mine, and the strain caused by ongoing staffing shortages.

Warner and Kaine have long worked to support and protect miners, retirees, and their families. They successfully secured more than $600,000 for Norton Community Hospital and Black Lung Clinic during the Fiscal Year 2026 government funding process. The Inflation Reduction Act, which Warner and Kaine helped negotiate and pass, included a permanent extension of the Black Lung Disability Trust Fund’s excise tax, providing certainty for miners, miner retirees, and their families who rely on the fund to access benefits. This followed the senators’ successful efforts to ensure that miners receive the pensions and health care they earned.

Read the full letter here or below.

Dear Assistant Secretary Palmer,

We write regarding the tragic Rolling Thunder Mine accident that occurred in Nicholas County, West Virginia on November 8, 2025, resulting in the devastating loss of one miner. We have serious concern over reports that have raised questions about the U.S. Mine Safety and Health Administration’s (MSHA) response to the emergency.

As you know, incidents of this magnitude demand not only a swift and coordinated response, but also transparency, accountability, and a clear commitment to preventing future tragedies. Miners and their families in Virginia and across the country deserve confidence that MSHA prioritizes worker safety and preventing disasters, while also maintaining capacity to respond to any emergencies immediately and adequately. We are concerned by reports that MSHA failed to deploy and use a seismograph in its response to the accident at the Rolling Thunder Mine, despite the agency having access to an upgraded system.^[1]

These reports raise questions about whether the ongoing efforts to downsize MSHA’s workforce have begun to interfere with the agency’s ability to effectively protect our nation’s miners. According to MSHA’s own reports, the agency has 1,409 employees, which is 14 percent below the 1,637 employees funded in the agency’s fiscal year 2025 appropriations.^[2] We are alarmed that staffing shortages may have begun to affect the agency’s ability to conduct inspections to prevent future disasters, enforce critical safety regulations, and respond timely and appropriately to emergencies like the one at Rolling Thunder Mine. For instance, it has been reported that MSHA impact inspections, which are conducted at mines deemed in greater need of enforcement oversight due to poor compliance or accident history, dropped 75 percent in the first five months of the Trump Administration.^[3]

Protecting the health and safety of our miners is paramount. Although these are inherently risky jobs, it is unacceptable that 33 miners lost their lives last year, a 27 percent increase in mining fatalities compared to 2024.^[4] In response to these concerns, we request answers to the following questions:

1. Why was a seismograph not deployed in the response effort at the Rolling Thunder Mine accident that occurred on November 8, 2025?
1. If use of a seismic system was not possible during pumping and drilling activities that were necessary to remove water from the accident site, why did MSHA decide not to alternate between drilling and seismic device use?
2. Please provide a comprehensive timeline disclosing MSHA’s awareness of safety concerns at the Rolling Thunder Mine prior to the accident, including inspections conducted, violations cited, and any enforcement actions taken.
3. Has MSHA identified any workforce shortages or regulatory changes that may affect the frequency or quality of inspections?
4. Please provide a detailed plan demonstrating how MSHA will continue to fulfill its obligations to adequately keep miners safe despite more limited staffing capacity.

For generations, our nation’s coal miners have made tremendous sacrifices, literally risking their lives, to power America and ensure a robust nationwide supply of critical steel. We all share an urgent responsibility to guarantee that every available tool to protect miner safety is utilized appropriately to ensure that our miners make it home unharmed after every shift.

Thank you for your prompt attention to this matter. We look forward to your response.

Sincerely,

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