The Knee Jerks of Congress

CongressTwo recent examples of the history of knee-jerk reactions from the United States Congress are the W35 bridge failure in Minnesota and the subprime loan controversy. And this week will add the third example. While the Crandall Canyon mining tragedy is not the first in recent history it will be the focus of hearings to take place in Congress on mining safety.

Shortly after the incident in Utah took place at least one sound bite in the media had the mine’s owner answering questions on mining safety. If memory serves, his response included mention of above average safety performance within the industry and a markedly improved industry record as well. There are many media reports that challenge the safety records as Congressional hearings near. At least one report has an industry official describing the difficulty of overcoming public perception of mining safety. His point being the record is surprisingly better than the public might guess.

A brief review of the news this morning features an abundance of eye-catching headlines demonstrating the witch hunt mentality that may be responsible for inciting the knee-jerk reaction of Congress. Here are a few examples.

Utah Mine Boss Vows to Keep Searching
Operations to Cease At Caved-In Utah Mine
Mine Safety Leader Loses Some Respect for Actions in Utah
Mine Owner Has History of Run-Ins on Work Issues
Unsafe Mining
Mining for coal safety
Kennedy asks for papers to start probe of disaster
Lawmakers to Probe Safety at Utah Mine
US Congress begins investigation on Utah mine disaster
Senate Panel Sets Hearing on Coal Mine

mediaThe media coverage and sheer volume of reports on the incident may provide a chronology on how Congress responds to public opinion. Perhaps the mine owner’s early statements set him up for later criticism while at the same time offering a view and promise of unlimited life-saving efforts. The rapidly changing conditions and outcomes of each attempt to achieve some success in this tragedy should have caused Congress to aid in the effort rather than initiate an investigation. Whether or not the mine owner would have embraced such help, all available resources within reason should have been applied to solving the obstacles to reaching the trapped miners. At the very least it appears premature of Congress to consider hearings or investigations before the crisis has passed.

Now that their knee-jerk reaction to another crisis has occurred, the investigation should include a discussion of where was the concern before each crisis or failure? Passing laws and appropriating funds does nothing to ensure that public sector oversight of the private sector is effective. If evidence of unaddressed problems in the mining industry surface as a result of the latest tragedy, where were all the government agencies and departments and what were they not doing?

ThinkingThe mining tragedies, the bridge failure and the focus on the subprime loan situation are not issues that represent random events. It is reasonable to attribute accidents of any kind with a chain of events that demonstrate the probability of the increased risk of an accident if a trend continues. A structural failure of a bridge or other structure also contains a history and collection of data that can indicate the probability of that failure. As for the subprime loan controversy, allowing dramatically relaxed loan requirements in response to an explosive real estate market should have tripped the red flags of regulatory intervention.

The opposing sides in the arguments on government regulation may demonstrate a Goldilocks syndrome. While those favoring less government claim there is too much regulation and those favoring more government regulation complain there is not enough, the problem is government never seems to apply regulation that is just right. The latest hearings that will convene to address the problem of mining safety will look for whom to blame. Congress will attempt to deflect any criticism to the private sector and another regulation failure will be recorded.

Stanford Matthews
MoreWhat.com

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One Response to “The Knee Jerks of Congress”

  1. gregdn Says:

    This is what Congress does best: pander and appear to be doing something when it’s not. I wish it was limited to Democrats, but the 109th Congress did plenty of it too (Terry Shiavo springs to mind).