Watchdog validates whistleblower allegation that safety agency failed to inspect mines in the Pacific territories

The Mine Safety and Health Administration has not inspected mines in the Pacific territories since 2016 and wrongly identified them as abandoned, according to an alert that the Office of Special Counsel sent to the president on Tuesday based on an investigation by the Labor Department. 

DOL investigators found that, from 2016 to 2023, 51 active mines in Guam, American Samoa and the Northern Mariana Islands were incorrectly classified as “new mines,” a designation that does not require inspections. Then, in a December 2023 incident, the acting manager in MSHA’s Vacaville, California, district directed an employee to label the mines as abandoned. When the employee refused, another agency official changed the mines’ statuses. 

Underground mines must be inspected by federal investigators at least four times a year and surface mines twice annually. 

The investigation was based on disclosures to OSC from two whistleblowers at MSHA. OSC provides a channel for federal employees to make whistleblower complaints and oversees accompanying agency investigations. 

This is not the first time that the lack of inspections at mines in the Pacific territories has been publicized. The DOL inspector general in November 2024, based on a referral from the OSC of the same whistleblower disclosure, issued an alert memorandum that MSHA wasn’t conducting mandatory inspections in the Pacific territories, improperly classified the mines’ statuses and, therefore, inaccurately reported that it had a 100% completion rate of required mine inspections. 

“MSHA’s actions, or lack thereof, put the safety and health of miners under MSHA jurisdiction at risk and are inconsistent with MSHA’s mission to prevent death, illness and injury from mining and promote safe and healthful workplaces for all miners,” wrote Carolyn R. Hantz, assistant inspector general for audit. 

In Tuesday’s report, Charles N. Baldis — senior counsel and designee of acting Special Counsel Jamieson Greer, who is also serving as the U.S. Trade Representative — criticized MSHA’s plan that it created in response to the IG alert. Specifically, he took issue with the agency for not planning on starting inspections in the Pacific mines until fiscal 2027 and for not fixing its reported compliance numbers. 

“MSHA’s assertion ascribing its inability to inspect the Pacific territories mines until 2027 due to a lack of funding does not appear reasonable. Congress uses MSHA public data, which the report acknowledges is intentionally erroneous, when considering congressional appropriations and budgetary decisions with taxpayer funds,” he wrote. “Had MSHA accurately reported that its mandatory inspection percentage was less than 100%, which reflects that it has been unable to inspect all active mines as required, the agency would have been able to use the information to support a budget request that would enable MSHA to conduct mandatory inspections and protect the Pacific territories miners.” 

The IG in November issued 11 recommendations, including that MSHA revise and implement a plan for inspecting mines in the three territories and that the agency should correct the mine statuses. 

MSHA did not respond to a request for comment, but former assistant Labor Secretary for Mine Safety and Health Christopher J. Williamson wrote in response to the IG report that the agency had requested additional resources as part of the president’s fiscal 2026 budget to conduct mine inspections in the Pacific territories. 

OSC in May encouraged agencies to take advantage of their authority to provide monetary awards, generally up to $10,000, to employee whistleblowers, especially if their disclosures lead to cost savings. 

President Donald Trump has nominated Paul Ingrassia, an administration official and former podcast host who became a registered attorney less than a year ago, to serve as special counsel. Ingrassia has made numerous inflammatory remarks, including defending, legally and publicly, the influencer Andrew Tate who has been accused of rape and human trafficking in Europe. 

Whistleblower groups and congressional Democrats have objected to Ingrassia’s nomination, arguing that he would not protect whistleblowers from political retribution.