we know that msh issued a meet with all for imminent dangers violations but we need to find out if msh is doing all it can do to find them. and if it is using its authority the false extent. two, going to mine safety and health review commission has a backlog of more than 16,000 cases consisting of 82000 violations. that's an awful lot of violations and appeals and all kinds of other things that i think that has to change. i'm certain that has to change. and we must help do that either by self reforming of msh, or more likely doing it in legislation so msh has no choice but to do it ended budget, budget. help has to fall that. we need to put an end to the loopholes in the law that allows some minds to put profit over safety. we all know what that is. it's the using of the appeal process because that way they can go ahead and mine and since they're giving they don't have to pay a fine. they can go ahead and did. they are doing and that doesn't seem right at all. thirdly, we also need to improve msh's enforcement efforts themselves. and determine what new authority as an agency that msh

watzman, since 2006, msh's budget has increased after the miners act passed to increase by 36% and msh as i over 100 new coal inspectors, perhaps duties increased resource. msh is able to complete 100% of the statutorily required inspections in 2008 and 2009 for the first time. why do you think msh was unable to properly follow up on the clearly concerning record of the upper big branch mine? does msh need more flexibility to focus on bad actors to? senator, i can't take it as to the thought process within the agency and the actions that they chose to take or not choose to take. you know, what we know is that there are mines in this country, given their size and given the requirement, that msh must inspected every underground mine in its entirety for time to you. there's a misperception that four times a year means that inspectors in mine for daisy. there are mines in the country that the courtly inspection begins the first day of the quarter and the closer is the last day of the quarter, and they wrote into the next inspection. so there are mines in the country where there's an inspec

right now, we just heard from msh habmap, i think you were here -- msha, i think you heard all of that, they have the authority to withdraw miners from all areas until they have abatement, they can shut down a mine, but we know that that doesn't happen that often. yet osha cannot immediately shut down the process or remove workers from harm until the hazard is corrected. is that correct? >> yes, sir. if an osha inspector is in the facility and sees a hazard that we believe is dangerous to workers, we can certainly ask the employer to shut it down, but we can't require it, we have to go to court to do it. >> even though there may be imminent danger? >> yes, sir. >> do you have any advice for or any suggestions for legislative changes? >> i certainly would like to see that changed. i think that's an extremely important change. you know, msha has the ability to give a report and make a phone call to say shut that down until we arrive. we can't do that. the osha law is very weak and hasn't been amended in any substantive way since 1990. >> as a former member of the house, representing a ve

now, republicans in particular msh republicans declare him the first casualty of what they expect tomany more out of the health care debate. it's actually a good election to watch to see whether that seat, he attracted a number of republicans seeking to run against him and it will be interesting to see what democrats get into that race and how that race goes. it will be a good belle weather to see whether health care will be a single issue bullet to shoot down lawmakers who voted for it in the end. host: has the white house lost an ally, someone who could be seen as a conserve 2if6 democrat but someone willing at the end of the day too go with this health care plan? guest: i guess democrats are never happy when somebody leaves from their party. but you know, i think that they're going to keep moving forward. i think obama will probably lend his support to whoever runs in stupak's district on the democratic ticket. i would not be surprised if he shows up there as soon as he can and someone is out there running because they definitely want to keep that seat in the house. host: victor f