Two whistleblowers, recently recognized under the new Office of Special Counsel (OSC) whistleblower policy, exposed significant failures by the Mine Safety and Health Administration (MSHA). Their courageous actions led to an investigation confirming 51 mines in Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands had not been inspected in years, despite legal requirements.
Under the Mine Act, all underground mines must be inspected at least four times a year, and surface mines must be checked at least twice a year. However, from 2016 to 2023, MSHA labeled these Pacific territory mines as “new” to avoid inspections. In 2023, the Acting Director of the Vacaville District instructed staff to mark the mines as “abandoned,” ignoring active miner hours.
MSHA blamed its failures on an insufficient budget. The OSC pushed back on these claims, citing that MSHA falsely reported a 100% inspection rate to Congress. Accurate reporting would have justified a request for more funding, which MSHA failed to pursue.
In a July 2 letter to the President, OSC recommended monetary rewards for the whistleblowers, possibly the first under its new whistleblower policy, which encourages federal employees to report wrongdoing. The policy, launched in May 2025, allows agencies to issue monetary awards of up to $10,000 to whistleblowers who report wrongdoing, including waste, fraud, abuse, or dangers to health and safety. Larger awards can be granted by the Office of Personnel Management or the President.
OSC praised whistleblowers for keeping the government “honest, efficient, and accountable.” Senior Counsel Charles N. Baldis emphasized that the whistleblowers’ disclosures may help to ensure the safety of miners in the Pacific Territories. OSC recommended that the Department of Labor issue the awards.
Incentivizing whistleblowers in the extractive industry, which the OECD has labeled as one of the most corrupt industries, is a crucial step in ensuring worker safety. The efforts made by the OSC and the brave whistleblowers who reported the MSHA’s failures show great strides in anti-corruption efforts in the U.S. extraction industry and advancements in supporting worker safety.
