A Miner Matter

"The Mine Safety and Health Administration needs stronger oversight by Congress to guarantee that the safety laws are strictly enforced and that serious or repeat offenders are penalized with more than a slap on the wrist," Kennedy said in a statement last week.

Sen. Arlen Specter , a Pennsylvania Republican, also opposed the backdoor appointment.

"I don't think that Mr. Stickler is the right man for the job and I told that to the White House several months ago; but under the Constitution, the president has the authority to make an interim appointment which is only for a limited term."

Democratic Sens. Robert C. Byrd and John D. Rockefeller IV , both of West Virginia, also came out against confirmation because of concerns about the safety records of mines that Stickler managed while in private industry. The nominee says 80 percent of the mines he managed had a good to outstanding safety record.

The recess appointment may also ensure that thousands of members of the United Mine Workers of America, which opposed the nomination, get out to vote against Republicans next week, according to union spokesman Phil Smith .

"In doing this, he [Bush] has said what he is going to say about how important coal miners are, even in states like Pennsylvania and West Virginia where his supporters are looking for votes," Smith said.

The National Mining Association, which represents the companies Stickler will regulate, stayed out of the fight, except to say the agency needs a full-time director.

Stickler said his first priorities will be finding the root causes of this year's accidents, hiring more mine inspectors, and working to implement the regulations called for by the safety law Congress passed after the Sago disaster.

Last week, some 75 miners traveled to an MSHA district meeting in Morgantown, W.Va., to try to see Stickler. He wasn't there, but promised by telephone that he would talk with them and go out to the coalfields. He also announced new instructions for inspectors on how to assess whether a safety violation is flagrant and warrants a civil penalty up to $220,000, a signal to his critics that he is on the job.

Cindy Skrzycki is a regulatory columnist for Bloomberg News.