The Senate has now failed to act on the nomination of industry-man Richard Stickler to head the Mine Safety and Health Administration (MSHA) twice. As we reported in February, Stickler is an industry man with a poor track record when it comes to health and safety. According to the United Mine Workers, mines run by Stickler had accident rates double that of the national average for six of eight years, including two fatal accidents at a mine Stickler managed for five years. The United Mine Workers has opposed his nomination to lead the federal agency and previously opposed his 1997 nomination to the Pennsylvania mine safety department. According to a UMWA letter to President Bush opposing the nomination, "[t]he continued tenure of Mr. Stickler will have a grave and immediate impact on state's miners." With Sen. Robert Byrd (D-WV) vowing to block the nomination, it seems unlikely Bush would try to send the Stickler nomination to the floor a third time. As rumored in CongressDaily (subscription-only), Bush might also try to push Stickler through in a recess appointment. According to CD, "a spokesman for Senate Health, Education, Labor and Pensions Chairman Enzi said Stickler is not likely to become the head of MSHA outside of a recess appointment. 'That would be a fair assessment,' the spokesman said. 'We've got an impasse on this particular nominee and the White House is going to have to make a decision as to what they prefer to do.'"