[Senate Report 109-365]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2d Session 109-365
======================================================================
MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE ACT OF 2006 OR THE ``MINER
ACT''
_______
December 6, 2006.--Ordered to be printed
_______
Mr. Enzi, from the Committee on Health, Education, Labor, and Pensions,
submitted the following
R E P O R T
[To accompany S. 2803]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 2803) to amend the Federal Mine
Safety and Health Act of 1977 to improve the safety of mines
and mining, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill (as amended) do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. History of Legislation and Committee Action......................2
IV. Explanation of Bill and Committee Views..........................3
V. Cost Estimate...................................................11
VI. Application of Law to the Legislative Branch....................12
VII. Regulatory Impact Statement.....................................12
VIII.Section-by-Section Analysis.....................................12
IX. Changes in Existing Law.........................................15
I. Purpose and Summary
The purpose of the ``Mine Improvement and New Emergency
Response [`MINER'] Act of 2006'', S. 2803, is to further the
goals set out in the Mine Safety and Health Act of 1977 and to
enhance worker safety in our nation's mines. The bill amends
the 1977 act to require incident assessment and planning,
harness new and emerging technology, enhance research and
education, improve safety-related procedures and protocols and
increase enforcement and compliance to improve mine safety.
II. Background
The record of mine safety in the United States is one of
continuing and oftentimes significant improvement. These
improvements are undoubtedly a function of the increased focus
and emphasis on safety by both mine operators and their
employees, as well as the efforts of State and Federal
regulators and members of the regulated community. But despite
this progress, mining remains a dangerous endeavor.
The year 2006 began with the tragic loss of 12 miners at
the Sago Mine in West Virginia, followed closely by the deaths
of two miners at the Alma Mine, also in West Virginia; and some
4 months later by the deaths of 5 miners at the Darby Mine in
Harlan County, Kentucky. The death toll in the first 5 months
of the year was nearly 50 percent higher than the entire
previous year. Additionally, the rise in coal production in the
last few years raises the committee's concerns that there is
the potential for a return to higher numbers of accidents and
fatalities.
Improvements in safety come about because of a continued
re-examination and revision of safety and regulatory practices
in light of experience. These tragedies serve as a somber
reminder that even that which has been done well can always be
done better.
III. History of Legislation and Committee Action
After the Sago Mine accident on January 2, 2006, the
Health, Education, Labor, and Pensions (HELP) Committee
assembled a group of members to travel to West Virginia to
explore the need for reforms to the Mine Safety and Health Act
of 1977. Senators Enzi, Kennedy, Isakson, and staff of Senator
Murray were hosted there by Senator Rockefeller.
On February 15, the Employment and Workplace Safety
Subcommittee held a roundtable hearing, ``Mine Safety
Technology'' chaired by Senators Isakson and Murray. Witnesses
at this hearing included: Mr. Bob Campman, Vice President of
R&D, Grace Industries Incorporated; Mr. Pat Droppleman,
President of Ocenco Corporation, Dr. R. Larry Grayson, Chairman
of the Department of Mining & Nuclear Engineering at University
of Missouri-Rolla, Mr. Wes Kenneweg, President of Draeger
Industries; Dr. Roy Nutter, a professor at the College of
Engineering and Mineral Resources at West Virginia University;
Mr. Dennis O'Dell, Administrator of Health and Safety Programs
for the United Mine Workers of America; Mr. Sam Shearer,
President of CSE Corporation; Dr.Starnes Walker, Technical
Director of the Office of Naval Research at the United States
Navy; and Mr. Gary Zamel, President of Mine Site Technologies
Pty. Ltd. Also in attendance but not testifying was Dr. Kohler,
Associate Director for Mining and Construction at the National
Institute of Occupational Safety and Health.
On March 2, the HELP Committee held a hearing on the State
of Mine Safety and Health. Witnesses at the hearing were Mr.
David Dye, Acting Assistant Director, MSHA; Mr. Ray McKinney,
Administrator, Coal Mine Safety and Health, MSHA; Dr. John
Howard, Director, National Institute of Occupational Safety and
Health (NIOSH); Dr. Jeffery Kohler, Associate Director for
Mining and Construction, NIOSH; Mr. Mike Peelish, Senior Vice
President, Safety & Human Resources, Foundation Coal
Corporation; Mr. Michael E. Neason, American Society of Safety
Engineers (Safety Director at Hanson Aggregates); Dr. Tom
Novak, C.T. Holland Professor, Head of Department of Mining and
Minerals Engineering, Virginia Tech; and Mr. Cecil Roberts,
President of the United Mine Workers of America.
The Mine Improvement and New Emergency Response [``MINER'']
Act of 2006, S. 2803, was introduced by Senators Enzi, Kennedy,
Isakson, Murray, Rockefeller, Byrd, DeWine, and Santorum on May
16, 2006 and referred to the HELP Committee. Additional
cosponsors included Senators Specter, McConnell, Bunning, and
Obama. On May 17, 2006, the committee held an executive session
to consider S. 2803. After accepting a manager's amendment and
a Sessions amendment which changed the name of the Sago Mine
Safety Grant program authorized in Section 14 of the Act to
``Brookwood-Sago'', S. 2803 was favorably and unanimously
reported out of the HELP Committee. It was passed by the Senate
by unanimous consent on May 24, 2006.
S. 2803 was passed by the House of Representatives on June
7, 2006 by a vote of 381-37, and was signed into law by
President George W. Bush on June 15, 2006. It became Public Law
number 109-236.
After the MINER Act was signed into law, a small number of
technical changes were made to the Act as enacted. These were
included in Section 1301 of H.R. 4, the Pension Protection Act,
which was signed into law by the President as Public Law 109-
280 on August 17, 2006. The changes made in this later
lawaffect only the numbering of the penalties section of the statute.
These changes are not reflected in Title IX of this report.
IV. Explanation of Bill and Committee Views
Successfully managing risk and ensuring worker safety in
the underground coal environment requires innovation,
vigilance, adaptability and resources. The MINER Act, by
requiring mines to develop, adopt and periodically modify
accident response plans, seeks to incorporate these essential
characteristics into its approach to workplace safety.
Section 2 of the Act reflects a wide range of
considerations. First, the committee recognizes that effective
risk management is forward-looking, and that assessing
potential dangers and planning for them in advance not only
makes the management of future accidents more effective, but
may lessen the risk of accidents occurring in the first place.
The committee believes that utilization of a plan concept will
encourage such forward-looking risk assessment. Second, the
committee recognizes that good safety practice is often an
evolving concept based upon experience and technological
development. The committee's approach therefore contemplates
change as safety improvements warrant. Third, the committee
recognizes that each underground coal environment is unique and
that what works effectively in one setting may not be optimal
in the next. Accordingly, the committee believes an approach
that sets minimum standards but also enables operators to
achieve safety goals with some degree of latitude will best
effectuate the purposes of the act. The goals of optimizing
safety and survivability must be unchanging, but the manner for
doing so must be practical and sensible.
THE PLAN: GENERAL CONSIDERATIONS
In order to facilitate implementation of the act's
provisions, the committee decided to make use of the ``plan''
model since all parties were familiar with its use in other
contexts. The MINER Act requires the development and adoption
of response and preparedness plans, which must provide for the
evacuation of miners who may be endangered in an emergency or,
if miners cannot evacuate, provide for their maintenance
underground.
Under current law, operators are required to file, and MSHA
is required to review and approve both mine roof plans and mine
ventilation plans. The use of such plans is thus familiar to
employees and their representatives. Roof and ventilation plans
are periodically revised to reflect changes in the physical
structure of the individual mine and any relevant advancements
in technology or technique. They are forward-looking, and their
formulation requires that potential problems or issues be
anticipated and planned for in advance. Additionally, their
formulation and approval is, in most instances, a cooperative
process that is traditionally guided by practicality,
flexibility and front line expertise. These are all features
that are of value in a broader safety context as well, so long
as basic safety protections are not compromised.
The individual plan model contemplates that safety
solutions and risk-management plans will be designed and
reviewed by those who are ``on the ground,'' and therefore most
familiar with the unique circumstances and most practical
approaches. This envisions that operators, in formulating their
plans and MSHA field personnel, in reviewing and approving
them, think creatively and practically.
The committee recognizes that effective risk management
must be goal-oriented, and that use of the most practical and
efficient means to achieve the goal should always be the
guiding regulatory principle. Flexibility and practicality are
valuable provided they are directed to formulating the best
available means to achieve the goal, and that safety goals and
basic safety standards are not compromised in their
achievement.
There was understandable concern over the degree to which
the plan model might place additional burdens on both
regulators and the regulated community. On balance, however,
the committee determined this model was the most useful, and
that some of these concerns might be met through more efficient
administration of the process. In this regard, the committee
would note that a plan that is reviewed and approved at the
district office level is not only likely to be the most
practical; it is also the most expeditious. Operators are
therefore encouraged to work with district office personnel in
the formulation and approval process; and district office
personnel are encouraged to take initiative in the process and
to utilize their judgment and expertise in working with
operators to craft flexible and practical solutions. The
committee also envisions that, where possible, all parties
utilize available means of communication designed to make the
process more efficient. For example, operators should be
allowed to file final safety plans on-line.
The committee also recognizes the expertise of working
miners, who are very familiar with the conditions of a mine.
The act requires that operators allow input from miners in the
development of their safety plan, and that such input will be
considered seriously and thoroughly. Such involvement will help
to ensure that safety plans are based on a broad scope of
safety information and allow for the development of the most
effective and efficient safety plans.
While the committee is hopeful that the vast majority of
plans will be formulated and approved without difficulty, it
also recognizes that in some instances there may be
controversies that require prompt and impartial resolution.
Once again, the committee opted to utilize a procedure with
which the parties are familiar as a means of resolving such
disputes. Thus, where a dispute regarding the approval or
content of a plan arises between the Secretary and an operator,
the Secretary will issue a citation with regard to the
underlying issue. Use of a``technical violation'' and
accompanying citation is the means by which roof and ventilation plan
disputes are traditionally reviewed. Typically, in the case of such a
dispute, the citation issued is one under Section 104(a). The same
process is anticipated with regard to safety plan disputes. The
committee also has recognized the need for expedition in the resolution
of such disputes and has therefore provided for an accelerated
procedural framework. As is currently the case with roof and
ventilation plans, the dispute resolution process begins with a review
and decision by an Administrative Law Judge from the Mine Safety and
Health Review Commission. Further appeal from the ALJ's decision may be
taken in the same manner as with any other citation. This process is,
of course, to be distinguished from the issuance of a citation for non-
compliance with the provisions of an already approved plan. In those
instances the normal procedures regarding citation level and appeal
process would apply.
SPECIFIC PLAN CONTENT: IMMEDIATE REQUIREMENTS
As noted, the committee recognizes the value and necessity
of a flexible, individualized and goal-oriented approach to
safety and incident management. It also, however, has made
particular note of areas of concern that have universal
applicability and are therefore susceptible of more generalized
regulation. In reviewing the problems historically encountered
and recently experienced in accidents in the underground coal
setting, the committee had specific concerns in six areas:
post-accident communication, post-accident tracking, post-
accident breathable air, lifelines for use in post-accident
escape, training, and local emergency coordination. These are
discussed below.
Redundant communication systems
In the wake of a coal mine accident, the ability of
underground personnel to communicate with rescue workers is
essential and can be the margin of difference between a
successful rescue operation and tragic result. As essential as
such communication may be, its use is complicated by current
technological limitations, the unique physical characteristics
of an underground mining environment, and a number of other
relevant considerations. While all underground coal mines are
required to maintain a telephone line or its equivalent,
experience has shown that such systems are often rendered
unusable in a post accident setting. Explosions, roof falls, or
similar accidents often sever the continuously wired connection
necessary for the operation of such systems.
The legislation aims to increase the likelihood that
telephone or equivalent wired systems remain operable in a
post-accident setting. The committee concluded that one of the
most readily implemented means achieving this goal is through
the use of redundant systems. Thus, while an approved plan must
contain two means by which underground personnel can
communicate with the surface, the configuration of such a
redundant system should be guided by the goal of ensuring at
least one communication survives a potential incident. In most
instances, the survivability of a wired system is most likely
to be achieved by locating the redundant line in a different
entry than the primary line. However, there may be limited
instances where this is not possible, or where the
survivability of the redundant system is equally, or even more
greatly enhanced, through the use of an alternate placement.
Here, as throughout the act, the determining factor should
always be what is most likely to achieve the goal that is
contemplated by the act's provision. In this case, of course,
the goal is the accident survivability of a wired communication
system or its equivalent.
Tracking system
The ability to locate and account for all underground
personnel is often critical to incident outcome. Like
communication systems, tracking systems are vulnerable to
damage and consequent interruption in the event of a fire,
explosion, or similar catastrophic event. Technological
advances will assist tracking and locator systems to meet the
unique physical challenges of underground mining. Subsection
(F) of Section 2 reflects the committee's belief that wireless
post-accident tracking technology of general utility will
become commercially available and approved in the near future.
Subsection (E)(ii) of the Act serves as a bridge to that
anticipated technology by requiring the use of dispatcher or
equivalent systems in the interim.
Breathable air
In committee hearings, there was agreement among safety
experts that in the event of an underground mine accident,
escape is the first and the preferred option. The act does not
signify a change in that philosophy. However, whether miners
are effectuating an escape or awaiting rescue, where escape
proves impossible, breathable air is essential to sustaining
life.
The act increases the quantity of self-contained self-
rescuers [``SCSRs''] that will be required to be stored
underground, and thus, increases the amount of breathable air
available to underground personnel both in the event of escape
and entrapment. In addition, with regard to an entrapment, the
act requires that emergency plans analyze likely risks to
determine if breathable air beyond the increased stores of
SCSRs is necessary; and, if so, by what means can the goal be
attained.
Subpart (I): Although at least one jurisdiction has adopted
a fixed time standard for breathable air, the committee elected
not to do so. Instead the committee believes an emergency plan
should address possible incidents and the attendant need for
sufficient breathable air. The projected need is obviously
fact-specific. For example, a single entry mine in which the
working face is located at a great depth and distance from the
mouth of the entry presents a very different set of
circumstances than a shallow mine, or one in which the working
face isaccessible from alternative entries. Equally diverse are
the possible means by which a goal of additional breathable air can be
achieved. The use of additional caches of SCSRs, the development and
deployment of SCSRs with greater capacity and reliability, the
development and use of innovations such as ``dockable'' SCSRs, air
locks with stored oxygen, secure refuge areas with surface boreholes
represent just a few possibilities in this regard.
Subpart (II): This section requires that miners have 2
hours of breathable air that is readily accessible at their
worksite. It also requires the storage of additional breathable
air along escapeways from the deepest work area of the mine to
the surface. These additional storage caches are to be spaced
at a distance no further than the average miner could walk in
30 minutes. The committee anticipates that this will result in
the availability of no less than 2 hours of breathable air per
miner along the escapeways, and that miners will be provided
with sufficient oxygen to exit the mine under emergency
conditions.
Subpart (II) contemplates the use of a performance-based
measure of this 30-minute period to determine how far apart the
breathable air caches are to be located. The committee
anticipates that the 30-minute measure will be calculated by
reference to studies and/or actual demonstrations that take
into account a variety of factors and that reflect actual
distances that miners can walk in emergency conditions.
The subpart provides that SCSR caches will be maintained in
the escapeway, however, the committee recognizes that actual
storage ``in'' an escapeway could impede passage through the
escapeway, and, consequently that caches may be stored in
cutouts or cross-cuts. In those instances where primary and
alternative escapeways are connected by a cross-cut,
consideration should be given to use of a common cache that
would service both escapeways, provided there is adequate
protection of the common cache from incident damage originating
in either escapeway, and that such caching otherwise meets MSHA
standards and has demonstrated safety benefits.
Subpart (III): This provision reflects the committee's
concern that SCSR units must be properly maintained and checked
for reliability as part of an approved plan. In addition,
units, at the end of their respective service lives, be
replaced with more technically advanced models as they become
available and approved.
Lifelines
Providing underground personnel with assistance in locating
and following escape routes, particularly in circumstances of
diminished visibility, is an important feature in any emergency
plan. Flame-resistant directional lifelines are likely the most
common method for achieving this end, and are the most
reasonably calculated to remain usable in a post-accident
setting. However, there were clearly situations where other
types of marking systems might be equivalent, or even better in
terms of functionality. The committee was of the view that such
alternative systems may be acceptable provided that they
achieve the same goal of enhancing evacuation and escape. The
act requires that flame-resistant lifelines be introduced as
lifelines are replaced, but in working sections of the mine
they must be installed upon date of replacement of existing
lifelines or 3 years after the enactment of the MINER Act,
whichever is sooner.
Training
Ensuring that employees are adequately trained with respect
to emergency procedures and safety standards is an important
component of any comprehensive approach to safety. It is
contemplated that the provisions of the legislation will result
in the adoption of new and different procedures that will
require additional employee training and that such training
will be in addition to, and will not detract from, what is
currently required under section 115 of the act.
Local Coordination
Mine rescue work is very specialized and must be left to
those who are properly trained to carry it out. While local
first responders do not possess the necessary training for the
underground work associated with mine rescue, they can serve a
vital above-ground resource to rescue operations. It is
important that the appropriate assignment of roles,
coordination of functions, and anticipation and planning for
rescue-related activities be periodically reviewed with local
first responders. Integrated above ground operations greatly
facilitate underground rescue work. For these reasons, the
committee determined that an emergency response plan should
provide the means to achieve these ends through appropriate
advance contact, discussion and coordination with local first
responders and emergency personnel.
SPECIFIC PLAN CONTENT: FUTURE REQUIREMENTS
The committee believes that communications and tracking
technology hold great promise and, further believes that such
promise must be fostered and encouraged. At the same time, it
recognizes that technology continues to evolve, and that such
systems may be limited by the particular characteristics of
individual mines. For example, some surface-based systems may
not be capable of achieving the necessary ground cover
penetration to be useful.
Despite current short-comings, the pace of technological
progress is encouraging. Given such pace the committee believed
that a 3 year goal of developing and deploying two-way
communication and tracking systems that would remain functional
even after a catastrophic underground event was not
unreasonable. The committee, however, was fully aware that it
could notreasonably enact legislation that mandated the use of
technology that was not yet available, and that might not work in all
instances, without making some allowance for such contingencies. Thus,
the legislation requires that emergency plans address these issues in
not less than 3 years either by providing for the use of such
technologies or detailing within the plan the fact that the technology
is either not commercially available, or, if commercially available,
why it would not work in the particular mine in question and what
alternative is being utilized. It is also the committee's intent that
minor technological limitations shall not discourage mines from
adopting new technologies, in cases where such technologies have
significant safety benefits.
In Section 3, the committee recognizes the critically
important work of mine rescue teams and the concerns of
companies which sponsor them. Mine rescue team members are
volunteers, and the companies that deploy them to mines they do
not own or have rescue team contracts with do so voluntarily.
Neither the team members nor the mine companies should fear
liability in the course of their rescue work. This section is
intended to avoid disputes about liability at the scene of an
emergency and to encourage miners to participate in rescue
teams. It is also intended to encourage employers to field
rescue teams and to send them to other mines.
Section 4 imposes new requirements for mine rescue teams at
underground coal mines. It is not the intent of the committee
to displace the current practice in some States of providing
state-sponsored mine rescue teams. It is the view of the
committee that state-sponsored teams which meet the
familiarity, training and proximity requirements in Section 4
will satisfy the requirement to make available mine rescue
teams for underground coal mines with 36 employees or less and
those with more than 36 employees. It is also the view of the
committee that the classifications established by Section 4 of
``more than 36'' or ``36 or fewer employees'' should be
interpreted, as it is currently (30 CFR 49.3), to encompass
total underground employment.
Section 5 requires MSHA notification within 15 minutes for
a subset of situations which are currently defined as accidents
under regulation [30 CFR 50.2(h)]. The committee intends the 15
minute requirement to apply only to accidents described in 30
CFR 50.2(h)(1), (2), and (3): meaning those that involve death
of an individual at the mine, and those that involve an injury
or entrapment of an individual at the mine which has reasonable
potential to cause death. Similarly, it is the intent of the
committee that the minimum fine of $5,000 be assessed only for
those accidents described in 30 CFR 50.2(h)(1), (2), and (3).
The intent of Section 6 is to strengthen the focus of the
National Institute of Occupational Safety and Health
[``NIOSH''] on mining issues. The committee recognizes that
Federal mining safety research was dislocated when its parent
agency, the Bureau of Mines under the Department of Interior,
was eliminated in 1995. Federal mining research was eventually
transferred into NIOSH at the Centers for Disease Control and
Prevention (CDC). In fiscal year 2005, NIOSH received $257
million in funding, $30.7 million of which was devoted to mine
safety research. By permanently creating an Office of Mine
Safety and Health within NIOSH, the committee wishes to enhance
the current mining research performed and maintain NIOSH's
significant research capabilities and resources, such as the
laboratory facilities in Spokane and Pittsburgh.
The committee has heard the argument that the placement of
NIOSH within CDC diffuses leadership and funding, ultimately
compromising the NIOSH mission. However, it is the view of the
committee that CDC will recognize the strong Congressional
desire that the new Office of Mine Safety and Health be placed
in a position of high priority within the agency. The committee
looks forward to working with the Director of CDC to enhance
the position of NIOSH and mine research in the agency.
By authorizing the Office of Mine Safety and Health to
award grants and contracts to appropriate entities to develop
and test new technologies, the committee intends to accelerate
the pace of research and progress. The committee notes the
observation of experts that the pace of mining safety
technology has slowed in the years since the Bureau of Mines
was eliminated; as well as the frustration that some safety-
enhancing technologies which are able to be produced today
remain unavailable on the commercial market. The committee
hopes that NIOSH will place particular emphasis on development
and demonstration of wireless, multimode, two-way radio
communications and tracking technologies for underground mines,
which will alleviate the current problems with locating and
communicating with trapped miners.
Section 6 also requires the establishment of an Interagency
Working Group to ensure that the Office of Mine Safety and
Health has access to the full scale of research being conducted
by the Federal Government. The Associate Director of Mine
Safety and Health has the authority to determine which research
agencies should be included in the working group. The committee
intends that every federally-funded entity requested to
participate will do so to the full extent possible.
Section 10 requires the Secretary to raise the required
strength level for materials sealing off abandoned areas in
underground coal mines. The committee notes that the vast
majority of existing seals are used to close off areas with
stabilized levels of methane, the disturbance of which could
create extreme and unnecessary danger.
In Section 11, the committee responds to the wide
divergence of views on the use of belt air in underground coal
mining. It is the committee's view that a scientific review of
the safety of belt air would provide clarity to this debate.
The committee also seeks additional information regarding the
use of fire retardant materials in belts installed in entries
that conduct fresh air for the ventilation of active working
sections. Section 11 therefore establishes a Technical Study
panel to review these questions and report back to Congress,
the Department of Labor and the Department of Health and Human
Services. It is the intent of the committee that this Panel be
made up of highly qualified experts in the field of mining
engineering or other scientific fields demonstrably related to
the subject of the report, and, furthermore, that no person
appointed to the Panel be an employee of the mining industry or
organized labor.
The committee also recognizes that refuge chambers may be a
viable means to protect miners' lives in the event they are
unable to evacuate from the mine. In Section 12, the committee
directed further research by NIOSH on the potential use of
refuge chambers, including portable chambers. It is anticipated
that in the course of such study, the use of, and experience
with, refuge chambers in other countries that have utilized
them will be considered.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2006.
Hon. Judd Gregg,
Chairman, Committee on the Budget,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2803, the Mine
Improvement and New Emergency Response Act of 2006. The
Congress completed action on S. 2803 on June 7, 2006, and the
President signed it into law on June 15, 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Geoffrey
Gerhardt (for federal spending), and Emily Schlect (for federal
revenues).
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 2803--Mine Improvement and New Emergency Response Act of 2006
Summary: S. 2803, signed into law as Public Law 109-236,
requires operators of underground coal mines to improve
accident preparedness. The legislation requires mining
companies to develop an emergency response plan specific to
each mine they operate, and requires that every mine have at
least two rescue teams located within one hour. This act also
limits the legal liability of rescue team members and the
companies that employ them. It increases both civil and
criminal penalties for violations of federal mining safety
standards and gives the Mine Safety and Health Administration
(MSHA) the ability to temporarily close a mine that fails to
pay the penalties or fines. In addition, the law requires
several studies into ways to enhance mine safety, as well as
the establishment of a new office within the National Institute
for Occupational Safety and Health devoted to improving mine
safety. Finally, the law establishes new scholarship and grant
programs devoted to training individuals with respect to mine
safety.
By increasing civil and criminal penalties, CBO estimates
that Public Law 109-236 will increase federal revenues by $1
million in 2006, by $27 million over the 2006-2011 period, and
by $53 million through 2016. (Civil and criminal penalties are
recorded by the federal budget as revenues). Funds collected
through increases in criminal penalties are deposited in the
Crime Victims Fund and subsequently spent. CBO estimates that
the law will increase direct spending by about $5 million over
the 2007-2011 period, and by $10 million over the 2007-2016
period.
Estimated cost to the Federal Government: The following
table summarizes the estimated effects of the act on revenues
and direct spending.
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in revenues............................................. 1 5 5 5 5 5 5 5 5 5 5
Changes in outlays.............................................. 0 * 1 1 1 1 1 1 1 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Under prior law, civil penalties for mine safety violations
were capped at $60,000 per violation. This legislation raises
that ceiling to $220,000. It also increases minimum civil
penalties for certain violations from $60 to $2,000. Further,
the law raises criminal penalties from $25,000 to $250,000 for
a first conviction and from $50,000 to $500,000 for successive
violations.
CBO estimates that these changes will increase federal
revenues by $1 million in 2006, by $27 million over the 2006-
2011 period, and by $53 million over the 2006-2016 period.
Civil penalties are recorded in the federal budget as revenues.
Criminal penalties are recorded in the budget as revenues,
deposited in the Crime Victims Fund, and later spent. CBO
estimates that the additional criminal penalties collected as a
result of the law will increase direct spending from the Crime
Victims Fund by about $5 million over the 2007-2011 period, and
about $10 million through 2016.
Estimate prepared by: Federal Revenues: Emily Schlect,
Federal Spending: Geoffrey Gerhardt.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis; G. Thomas Woodward, Assistant
Director for Tax Analysis.
VI. Application of Law to Legislative Branch
The committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of Section
102(b)(3) of the Congressional Accountability Act.
VII. Regulatory Impact Statement
Pursuant to paragraph 11(b) of the Standing Rules of the
Senate, the committee makes the following statement concerning
the regulatory impact that might be incurred in carrying out
this legislation. The MINER Act requires operators of
underground coal mines to develop a written accident response
and preparedness plan for each mine they operate. It also
requires the Secretary of Labor to issue new regulations
regarding the sealing of abandoned areas in underground coal
mines to increase the 20 psi standard in effect at the time the
MINER Act was enacted. The act requires changes to the
regulation concerning rescue teams. It also requires the
Secretary of Labor to promulgate final regulations with respect
to penalties by December 30, 2006, and requires that monetary
penalties be raised for specific violations.
VIII. Section by Section Analysis
Section I--Title. Mine Improvement and New Emergency
Response Act of 2006.
Section 2--Mine-Specific Emergency Response Plans. This
section contains the essence of the legislation's regulatory
approach. It requires each covered mine to develop, and to
continuously update, a written emergency response plan that is
adapted to the individual mine; and calls for the use of
equipment and technology that is currently commercially
available, andworkable in the particular mine. These emergency
response plans must be continuously reviewed and updated by the
operator, and must be reviewed and re-certified by MSHA every 6 months.
The plans must, at a minimum, provide for (a) post-accident
communication such as secondary telephone lines or equivalent
two-way communications; (b) post-accident tracking to locate
underground personnel; (c) post-accident breathable air in
sufficient quantities to maintain miners underground for a
sustained period of time; (d) post-accident lifelines to enable
evacuations; (e) training; and (f) local coordination with
emergency response personnel to facilitate above ground
activities in support of rescue efforts. In addition to these
general requirements, this section directs the Secretary to
require wireless two-way communications and an electronic
tracking system permitting those on the surface to locate
persons trapped underground within 3 years, or to set forth,
within the plan, reasons such provisions cannot be adopted at
that mine and alternative means of compliance. The intent of
this section is for operators to use the most advanced
technology available that works best in their particular mine,
to provide a means for the plan to be continuously adapted to
changes in the mine or in the commercial technical equipment
market, and to avoid the ``behave only to the letter of the
standard'' syndrome that stifles innovation and delays the
implementation of new methods or equipment. Minor limitations
shall not discourage mines from adopting new technology, in
cases where it has significant safety benefits.
Section 3--Resolution/Limitation on Liability for Rescue
Teams. This provision protects rescue team members and the
employer of rescue team members from tort lawsuits based on
injuries, deaths or property damage related to the carrying out
of mine rescue operations, with an exception for gross
negligence, reckless conduct or illegal conduct or in the event
that the employer is the operator of the mine in which the
rescue is taking place. The provision does not in any case
reduce individuals' ability to avail themselves of workers'
compensation under existing State regimes.
Section 4--Rescue Teams. This provision requires the
Secretary of Labor to issue new regulations on mine rescue
teams within 18 months. These will require that every mine make
available two rescue teams which are well-trained, familiar
with the operations of the particular mine, and which are
located at rescue stations within 1 hour of the mine. At the
same time, the regulations will preserve systems that are
currently working, such as consortium teams, ``co-op'' and
leased teams and State teams.
Section 5--Prompt Incident Notification. This provision
codifies the recent MSHA emergency regulation which requires
that operators make notification of all incidents/accidents
which pose a reasonable risk of death within 15 minutes of when
the operator realizes an accident has occurred. It would fix a
minimum civil penalty of $5,000, up to $60,000 (which is the
current maximum) for failure to do so.
Section 6--Strengthening of Mine Research National
Institute of Occupational Safety and Health.
Permanent Office of Mine Safety and Health:
Establishes a permanent Office of Mine Safety and
Health within NIOSH to enhance the development of new
mine safety technology and expedite its commercial
availability and implementation in mines.
Grants and Contracts for New Technology:
Establishes a competitive grant program to be
administered by NIOSH. The grant program would provide
capital and incentives to encourage the development and
manufacture of mine safety equipment that might not
otherwise be produced because of the limited potential
market.
NIOSH-chaired interagency working group:
Establishes an interagency working group to provide a
formal means of sharing non-classified technology with
applicability to mine safety and accident/incident
management. In addition to NIOSH, the group could
include entities such as the National Aeronautics and
Space Administration [``NASA''], the Department of
Defense [``DOD''] and others as appropriate. The
working group would be chaired by NIOSH mining
personnel and would issue an annual report.
Expedite Approval of New Technology: This
provision would streamline the approval and
certification process for new mine safety technology by
providing NIOSH with funding to enter into review and
testing contracts with third party laboratories.
Section 7--Family Liaison Policy. This provision requires
the Secretary to establish a policy of assigning an official to
be liaison between MSHA and the families of victims of mine
tragedies. It also would direct MSHA to be as responsive as
possible to victims' families' requests for information
relating to mine accidents and direct MSHA to be the primary
communicator to operators, miners' families, the press and the
public in mine accident cases.
Section 8--Penalties. This provision raises the maximum
civil penalty for flagrant violations to the amount proposed by
the Administration, $220,000. The term flagrant violation is
defined as a reckless or repeated failure to make reasonable
efforts to eliminate a known violation of a standard that
substantially and proximately caused, or reasonably could have
been expected to cause, death or serious bodily injury. Itwould
also impose a minimum fine of $2,000 for violations of section
104(d)(1) and a minimum fine of $4,000 for violations of section
104(d)(2). This section also directs the Secretary to finalize
regulations revising the penalties structure by December 31, 2006. This
provision would also codify in the Mine Safety and Health Act a tenfold
increase in the criminal penalty cap to $250,000 for first offenses and
$500,000 for second offenses, which is the applicable amount pursuant
to the Omnibus Crime Control Act of 1984.
Section 9--Fine Collections and Injunctions. This provision
gives MSHA the power to seek an injunction (shutting down a
mine) in cases where the mine has refused to pay an MSHA
penalty.
Section 10--Sealing of Abandoned Areas. This provision
requires the Secretary to issue final regulations strengthening
the required standard for seals of abandoned areas within 18
months of the date of enactment or issuance of the MSHA report
on Sago.
Section 11--Technical Study Panel on Belt Air. This
provision establishes a Technical Study Panel to provide
independent scientific and engineering review and comment with
respect to the utilization of belt air and the possible use and
integration of fire retardant belt components in underground
coal mining. The panel will be made up of six individuals, four
of which must hold masters or doctoral-level mining-related
degrees and who are not current employees of any coal or other
mine, or of any labor organization, or of any State or Federal
agency primarily devoted to regulating the mining industry. Two
panelists would be selected by the Secretary of Labor (in
consultation with MSHA), two by the Secretary of Health and
Human Services (in consultation with NIOSH), and two by
Congress (one by majority, one by minority). The panel will
report back to the respective Secretaries and Congress within 1
year of enactment. Within 180 days of receipt of this report,
the Secretary of Labor is required to inform the Senate HELP
Committee and House Education and Workforce Committee of what,
if any, actions she intends to take based upon the report,
including proposing regulatory changes, and the reasons
therefore. If the panel finds it useful, it may coordinate with
NIOSH to make use of NIOSH's research resources, such as the
NIOSH test mine.
Section 12--Mine Safety Scholarships. This provision
addresses the anticipated shortage in trained and experienced
miners and MSHA enforcement staff by creating a college,
community college, and graduate level scholarship program
available to miners and those who wish to become miners and
MSHA enforcement staff.
Section 13--Refuge Chambers. This provision requires the
National Institute of Occupational Safety and Health to conduct
research--including field tests in their underground mine--on
the use of refuge chambers in underground coal mines. Within
180 days of receipt of this report on this research, the
Secretary of Labor is required to inform the Senate HELP
Committee and House Education and Workforce Committee of what,
if any, actions she intends to take based upon the report,
including proposing regulatory changes, and the reasons
therefore.
Section 14--Brookwood--Sago Mine Safety Grants. Establishes
a program to provide training grants to better identify, avoid
and prevent unsafe working conditions in and around mines.
These grants will be made on an annual, competitive basis to
provide education and training programs or to develop training
materials for employers and miners about safety and health
topics in the mines, as selected by MSHA, with a special
emphasis on smaller mines, including training miners and
employers about new MSHA standards, high risk activities or
hazards identified by MSHA.
IX. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
FEDERAL MINE SAFETY AND HEALTH ACT OF 1977
* * * * * * *
TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
Sec. 101. (a) * * *
* * * * * * *
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
Sec. 103. (a) * * *
(j) In the event of any accident occurring in any coal or
other mine, the operator shall notify the Secretary thereof and
shall take appropriate measures to prevent the destruction of
any evidence which would assist in investigating the cause or
causes thereof. For purposes of the preceding sentence, the
notification required shall be provided by the operator within
15 minutes of the time at which the operator realizes that the
death of an individual at the mine, or an injury or entrapment
of an individual at the mine which has a reasonable potential
to cause death, has occurred. In the event of any accident
occurring in a coal or other mine, where rescue and recovery
work is necessary, the Secretary or an authorized
representative of the Secretary shall take whatever action he
deems appropriate to protect the life of any person, and he
may, if he deems it appropriate, supervise and direct the
rescue and recovery activities in such mine.
* * * * * * *
INJUNCTIONS
Sec. 108. (a)(1) The Secretary may institute a civil action
for relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the
district court of the United States for the district in which a
coal or other mine is located or in which the operator of such
mine has his principal office, whenever such operator or his
agent--
(A) violates or fails or refuses to comply with any
order or decision issued under this Act, or fails or
refuses to comply with any order or decision, including
a civil penalty assessment order, that is issued under
this Act,
* * * * * * *
PENALTIES
Sec. 110. (a) [The operator] (1) The operator of a coal or
other mine in which a violation occurs of a mandatory health or
safety standard or who violates any other provisions of this
Act, shall be assessed a civil penalty by the Secretary which
penalty shall not be more than $50,000 for each such violation.
Each occurrence of a violation of a mandatory health or safety
standard may constitute a separate offense.
(2) The operator of a coal or other mine who fails to
provide timely notification to the Secretary as required under
section 103(j) (relating to the 15 minute requirement) shall be
assessed a civil penalty by the Secretary of not less than
$5,000 and not more than $60,000.
(3) Any operator who willfully violates a mandatory health
or safety standard, or knowingly violates or fails or refuses
to comply with any order issued under section 104 and section
107, or any order incorporated in a final decision issued under
this title, except an order incorporated in a decision under
paragraph (1) or section 105(c), shall, upon conviction, be
punished by a fine of not more than $250,000, or by
imprisonment for not more than one year, or by both, except
that if the conviction is for a violation committed after the
first conviction of such operator under this Act, punishment
shall be by a fine of not more than $500,000, or by
imprisonment for not more than five years, or both.
(4)(A) The minimum penalty for any citation or order issued
under section 104(d)(1) shall be $2,000.
(B) The minimum penalty for any order issued under section
104(d)(2) shall be $4,000.
(5) Nothing in this subsection shall be construed to
prevent an operator from obtaining a review, in accordance with
section 106, of an order imposing a penalty described in this
subsection. If a court, in making such review, sustains the
order, the court shall apply at least the minimum penalties
required under this subsection.
(b) Any operator who fails to correct a violation for which
a citation has been issued under section 104(a) within the
period permitted for its correction may be assessed a civil
penalty of not more than $5,000 for each day during which such
failure or violation continues. Violations under this section
that are deemed to be flagrant may be assessed a civil penalty
of not more than $220,000. For purposes of the preceding
sentence, the term ``flagrant'' with respect to a violation
means a reckless or repeated failure to make reasonable efforts
to eliminate a known violation of a mandatory health or safety
standard that substantially and proximately caused, or
reasonably could have been expected to cause, death or serious
bodily injury.
* * * * * * *
MANDATORY HEALTH AND SAFETY TRAINING
Sec. 115. (a) * * *
* * * * * * *
(e)(1) Within 180 days after the effective date of the
Federal Mine Safety and Health Amendments Act of 1977, the
Secretary shall publish proposed regulations which shall
provide that mine rescue teams shall be available for rescue
and recovery work to each underground coal or other mine in the
event of an emergency. The costs of making advance arrangements
for such teams shall be borne by the operator of each such
mine.
(2)(A) The Secretary shall issue regulations with regard to
mine rescue teams which shall be finalized and in effect not
later than 18 months after the date of enactment of the Mine
Improvement and New Emergency Response Act of 2006.
(B) Such regulations shall provide for the following:
(i) That such regulations shall not be construed to
waive operator training requirements applicable to
existing mine rescue teams.
(ii) That the Mine Safety and Health Administration
shall establish, and update every 5 years thereafter,
criteria to certify the qualifications of mine rescue
teams.
(iii)(I) That the operator of each underground coal
mine with more than 36 employees--
(aa) have an employee knowledgeable in mine
emergency response who is employed at the mine
on each shift at each underground mine; and
(bb) make available two certified mine rescue
teams whose members--
(AA) are familiar with the operations
of such coal mine;
(BB) participate at least annually in
two local mine rescue contests;
(CC) participate at least annually in
mine rescue training at the underground
coal mine covered by the mine rescue
team; and
(DD) are available at the mine within
one hour ground travel time from the
mine rescue station.
(II)(aa) For the purpose of complying with subclause
(I), an operator shall employ one team that is either
an individual mine site mine rescue team or a composite
team as provided for in item (bb)(BB).
(bb) The following options may be used by an operator
to comply with the requirements of item (aa):
(AA) An individual mine-site mine rescue
team.
(BB) A multi-employer composite team that is
made up of team members who are knowledgeable
about the operations and ventilation of the
covered mines and who train on a semi-annual
basis at the covered underground coal mine--
(aaa) which provides coverage for
multiple operators that have team
members which include at least two
active employees from each of the
covered mines;
(bbb) which provides coverage for
multiple mines owned by the same
operator which members include at least
two active employees from each mine; or
(ccc) which is a State-sponsored mine
rescue team comprised of at least two
active employees from each of the
covered mines.
(CC) A commercial mine rescue team provided
by contract through a third-party vendor or
mine rescue team provided by another coal
company, if such team--
(aaa) trains on a quarterly basis at
covered underground coal mines;
(bbb) is knowledgeable about the
operations and ventilation of the
covered mines; and
(ccc) is comprised of individuals
with a minimum of 3 years underground
coal mine experience that shall have
occurred within the 10-year period
preceding their employment on the
contract mine rescue team.
(DD) A State-sponsored team made up of State
employees.
(iv) That the operator of each underground coal mine
with 36 or less employees shall--
(I) have an employee on each shift who is
knowledgeable in mine emergency responses; and
(II) make available two certified mine rescue
teams whose members--
(aa) are familiar with the operations
of such coal mine;
(bb) participate at least annually in
two local mine rescue contests;
(cc) participate at least
semiannually in mine rescue training at
the underground coal mine covered by
the mine rescue team;
(dd) are available at the mine within
one hour ground travel time from the
mine rescue station;
(ee) are knowledgeable about the
operations and ventilation of the
covered mines; and
(ff) are comprised of individuals
with a minimum of 3 years underground
coal mine experience that shall have
occurred within the 10-year period
preceding their employment on the
contract mine rescue team.
* * * * * * *
SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE OPERATIONS.
(a) In General.--No person shall bring an action against
any covered individual or his or her regular employer for
property damage or an injury (or death) sustained as a result
of carrying out activities relating to mine accident rescue or
recovery operations. This subsection shall not apply where the
action that is alleged to result in the property damages or
injury (or death) was the result of gross negligence, reckless
conduct, or illegal conduct or, where the regular employer (as
such term is used in this Act) is the operator of the mine at
which the rescue activity takes place. Nothing in this section
shall be construed to preempt State workers' compensation laws.
(b) Covered Individual.--For purposes of subsection (a),
the term ``covered individual'' means an individual--
(1) who is a member of a mine rescue team or who is
otherwise a volunteer with respect to a mine accident;
and
(2) who is carrying out activities relating to mine
accident rescue or recovery operations.
(c) Regular Employer.--For purposes of subsection (a), the
term ``regular employer'' means the entity that is the covered
employee's legal or statutory employer pursuant to applicable
State law.
* * * * * * *
COMMUNICATIONS AND EMERGENCY RESPONSE PLANS
Sec. 316. [Telephone] (a) In General.--Telephone service or
equivalent two-way communication facilities, approved by the
Secretary or his authorized representative, shall be provided
between the surface and each landing of main shafts and slopes
and between the surface and each working section of any coal
mine that is more than one hundred feet from a portal.
(b) Accident Preparedness and Response.--
(1) In general.--Each underground coal mine operator
shall carry out on a continuing basis a program to
improve accident preparedness and response at each
mine.
(2) Response and preparedness plan.--
(A) In general.--Not later than 60 days after
the date of enactment of the Mine Improvement
and New Emergency Response Act of 2006, each
underground coal mine operator shall develop
and adopt a written accident response plan that
complies with this subsection with respect to
each mine of the operator, and periodically
update such plans to reflect changes in
operations in the mine, advances in technology,
or other relevant considerations. Each such
operator shall make the accident response plan
available to the miners and the miners'
representatives.
(B) Plan requirements.--An accident response
plan under subparagraph (A) shall--
(i) provide for the evacuation of all
individuals endangered by an emergency;
and
(ii) provide for the maintenance of
individuals trapped underground in the
event that miners are not able to
evacuate the mine.
(C) Plan approval.--The accident response
plan under subparagraph (A) shall be subject to
review and approval by the Secretary. In
determining whether to approve a particular
plan the Secretary shall take into
consideration all comments submitted by miners
or their representatives. Approved plans
shall--
(i) afford miners a level of safety
protection at least consistent with the
existing standards, including standards
mandated by law and regulation;
(ii) reflect the most recent credible
scientific research;
(iii) be technologically feasible,
make use of current commercially
available technology, and account for
the specific physical characteristics
of the mine; and
(iv) reflect the improvements in mine
safety gained from experience under
this Act and other worker safety and
health laws.
(D) Plan review.--The accident response plan
under subparagraph (A) shall be reviewed
periodically, but at least every 6 months, by
the Secretary. In such periodic reviews, the
Secretary shall consider all comments submitted
by miners or miners' representatives and
intervening advancements in science and
technology that could be implemented to enhance
miners' ability to evacuate or otherwise
survive in an emergency.
(E) Plan content-general requirements.--To be
approved under subparagraph (C), an accident
response plan shall include the following:
(i) Post-accident communications.--
The plan shall provide for a redundant
means of communication with the surface
for persons underground, such as
secondary telephone or equivalent two-
way communication.
(ii) Post-accident tracking.--
Consistent with commercially available
technology and with the physical
constraints, if any, of the mine, the
plan shall provide for above ground
personnel to determine the current, or
immediately pre-accident, location of
all underground personnel. Any system
so utilized shall be functional,
reliable, and calculated to remain
serviceable in a post-accident setting.
(iii) Post-accident breathable air.--
The plan shall provide for--
(I) emergency supplies of
breathable air for individuals
trapped under-ground sufficient
to maintain such individuals
for a sustained period of time;
(II) in addition to the 2
hours of breathable air per
miner required by law under the
emergency temporary standard as
of the day before the date of
enactment of the Mine
Improvement and New Emergency
Response Act of 2006, caches of
self-rescuers providing in the
aggregate not less than 2 hours
per miner to be kept in
escapeways from the deepest
work area to the surface at a
distance of no further than an
average miner could walk in 30
minutes;
(III) a maintenance schedule
for checking the reliability of
self rescuers, retiring older
self-rescuers first, and
introducing new self-rescuer
technology, such as units with
interchangeable air or oxygen
cylinders not requiring doffing
to replenish airflow and units
with supplies of greater than
60 minutes, as they are
approved by the Administration
and become available on the
market; and
(IV) training for each miner
in proper procedures for
donning self-rescuers,
switching from one unit to
another, and ensuring a proper
fit.
(iv) Post-accident lifelines.--The
plan shall provide for the use of
flame-resistant directional lifelines
or equivalent systems in escapeways to
enable evacuation. The flame-resistance
requirement of this clause shall apply
upon the replacement of existing
lifelines, or, in the case of lifelines
in working sections, upon the earlier
of the replacement of such lifelines or
3 years after the date of enactment of
the Mine Improvement and New Emergency
Response Act of 2006.
(v) Training.--The plan shall provide
a training program for emergency
procedures described in the plan which
will not diminish the requirements for
mandatoryhealth and safety training
currently required under section 115.
(vi) Local coordination.--The plan
shall set out procedures for
coordination and communication between
the operator, mine rescue teams, and
local emergency response personnel and
make provisions for familiarizing local
rescue personnel with surface functions
that may be required in the course of
mine rescue work.
(F) Plan content-specific requirements.--
(i) In general.--In addition to the
content requirements contained in
subparagraph (E), and subject to the
considerations contained in
subparagraph (C), the Secretary may
make additional plan requirements with
respect to any of the content matters.
(ii) Post accident communications.--
Not later than 3 years after the date
of enactment of the Mine Improvement
and New Emergency Response Act of 2006,
a plan shall, to be approved, provide
for post accident communication between
underground and surface personnel via a
wireless two-way medium, and provide
for an electronic tracking system
permitting surface personnel to
determine the location of any persons
trapped underground or set forth within
the plan the reasons such provisions
cannot be adopted. Where such plan sets
forth the reasons such provisions can
not be adopted, the plan shall also set
forth the operator's alternative means
of compliance. Such alternative shall
approximate, as closely as possible,
the degree of functional utility and
safety protection provided by the
wireless two-way medium and tracking
system referred to in this subpart.
(G) Plan dispute resolution.--
(i) In general.--Any dispute between
the Secretary and an operator with
respect to the content of the
operator's plan or any refusal by the
Secretary to approve such a plan shall
be resolved on an expedited basis.
(ii) Disputes.--In the event of a
dispute or refusal described in clause
(i), the Secretary shall issue a
citation which shall be immediately
referred to a Commission Administrative
Law Judge. The Secretary and the
operator shall submit all relevant
material regarding the dispute to the
Administrative Law Judge within 15 days
of the date of the referral. The
Administrative Law Judge shall render
his or her decision with respect to the
plan content dispute within 15 days of
the receipt of the submission.
(iii) Further appeals.--A party
adversely affected by a decision under
clause (ii) may pursue all further
available appeal rights with respect to
the citation involved, except that
inclusion of the disputed provision in
the plan will not be limited by such
appeal unless such relief is requested
by the operator and permitted by the
Administrative Law Judge.
(H) Maintaining protections for miners.--
Notwithstanding any other provision of this
Act, nothing in this section, and no response
and preparedness plan developed under this
section, shall be approved if it reduces the
protection afforded miners by an existing
mandatory health or safety standard.
* * * * * * *
BLACK LUNG BENEFITS ACT
TITLE V--ADMINISTRATION
RESEARCH
Sec. 501. (a) * * *
* * * * * * *
Sec. 513. * * *
SEC. 514. TECHNICAL STUDY PANEL.
(a) Establishment.--There is established a Technical Study
Panel (referred to in this section as the ``Panel'' which shall
provide independent scientific and engineering review and
recommendations with respect to the utilization of belt air and
the composition and fire retardant properties of belt materials
in underground coal mining.
(b) Membership.--The Panel shall be composed of--
(1) two individuals to be appointed by the Secretary
of Health and Human Services, in consultation with the
Director of the National Institute for Occupational
Safety and Health and the Associate Director of the
Office of Mine Safety;
(2) two individuals to be appointed by the Secretary
of Labor, in consultation with the Assistant Secretary
for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by
the majority leaders of the Senate and House of
Representatives and one to be appointed jointly by the
minority leader of the Senate and House of
Representatives, each to be appointed prior to the sine
die adjournment of the second session of the 109th
Congress.
(c) Qualifications.--Four of the six individuals appointed
to the Panel under subsection (b) shall possess a masters or
doctoral level degree in mining engineering or another
scientific field demonstrably related to the subject of the
report. No individual appointed to the Panel shall be an
employee of any coal or other mine, or of any labor
organization, or of any State or Federal agency primarily
responsible for regulating the mining industry.
(d) Report.--
(1) In general.--Not later than 1 year after the date
on which all members of the Panel are appointed under
subsection (b), the Panel shall prepare and submit to
the Secretary of Labor, the Secretary of Health and
Human Services, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of
Representatives a report concerning the utilization of
belt air and the composition and fire retardant
properties of belt materials in underground coal
mining.
(2) Response by secretary.--Not later than 180 days
after the receipt of the report under paragraph (1),
the Secretary of Labor shall provide a response to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the
Workforce of the House of Representatives containing a
description of the actions, if any, that the Secretary
intends to take based upon the report, including
proposing regulatory changes, and the reasons for such
actions.
(e) Compensation.--Members appointed to the panel, while
carrying out the duties of the Panel shall be entitled to
receive compensation, per diem in lieu of subsistence, and
travel expenses in the same manner and under the same
conditions as that prescribed under section 208(c) of the
Public Health Service Act.
SEC. 515. SCHOLARSHIPS.
(a) Establishment.--The Secretary of Education referred to
in this section as the ``Secretary'', consultation with the
Secretary of Labor and the Secretary of Health and Human
Services, shall establish a program to provide scholarships to
eligible individuals to increase the killed workforce for both
private sector coal mine operators and mine safety inspectors
and other regulatory personnel for the Mine Safety and Health
Administration.
(b) Fundamental Skills Scholarships.--
(1) In general.--Under the program under subsection
(a), the Secretary may award scholarship to fully or
partially pay the tuition costs of eligible individuals
enrolled in 2-year associate's degree programs at
community colleges or other colleges and universities
that focus on providing the fundamental skills and
training that is of immediate use to a beginning coal
miner.
(2) Skills.--The skills described in paragraph (1)
shall include basic math, basic health and safety,
business principles, management and supervisory skills,
skills related to electric circuitry, skills related to
heavy equipment operations, and skills related to
communications.
(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
(A) have a high school diploma or a GED;
(B) have at least 2 years experience in full-
time employment in mining or mining-related
activities;
(C) submit to the Secretary an application at
such time, in such manner, and containing such
information; and
(D) demonstrate an interest in working in the
field of mining and performing an internship
with the Mine Safety and Health Administration
or the National Institute for Occupational
Safety and Health Office of Mine Safety.
(c) Mine Safety Inspector Scholarships.--
(1) In general.--Under the program under subsection
(a), the Secretary may award scholarship to fully or
partially pay the tuition costs of eligible individuals
enrolled in undergraduate bachelor's degree programs at
accredited colleges or universities that provide the
skills needed to become mine safety inspectors.
(2) Skills.--The skills described in paragraph (1)
include skills developed through programs leadingto a
degree in mining engineering, civil engineering, mechanical
engineering, electrical engineering, industrial engineering,
environmental engineering, industrial hygiene, occupational health and
safety, geology, chemistry, or other fields of study related to mine
safety and health work.
(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
(A) have a high school diploma or a GED;
(B) have at least 5 years experience in full-
time employment in mining or mining-related
activities;
(C) submit to the Secretary an application at
such time, in such manner, and containing such
information; and
(D) agree to be employed for a period of at
least 5 years at the Mine Safety and Health
Administration or, to repay, on a pro-rated
basis, the funds received under this program,
plus interest, at a rate established by the
Secretary upon the issuance of the scholarship.
(d) Advanced Research Scholarships.--
(1) In General.--Under the program under subsection
(a), the Secretary may award scholarships to fully or
partially pay the tuition costs of eligible individuals
enrolled in undergraduate bachelor's degree, masters
degree, and Ph.D. degree programs at accredited
colleges or universities that provide the skills needed
to augment and advance research in mine safety and to
broaden, improve, and expand the universe of candidates
for mine safety inspector and other regulatory
positions in the Mine Safety and Health Administration.
(2) Skills.--The skills described in paragraph (1)
include skills developed through programs leading to a
degree in mining engineering, civil engineering,
mechanical engineering, electrical engineering,
industrial engineering, environmental engineering,
industrial hygiene, occupational health and safety,
geology, chemistry, or other fields of study related to
mine safety and health work.
(3) Eligibility.--To be eligible to receive a
scholarship under this subsection an individual shall--
(A) have a bachelor's degree or equivalent
from an accredited 4-year institution;
(B) have at least 5 years experience in full-
time employment in underground mining or
mining-related activities; and
(C) submit to the Secretary an application at
such time, in such manner, and containing such
information.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
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NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
Sec. 22. (a) * * *
* * * * * * *
(g) Lead-Based Paint Activities.--
(1) Training grant program.--(A) * * *
* * * * * * *
(h) Office of Mine Safety and Health.--
(1) In General.--There shall be permanently
established within the Institute an Office of Mine
Safety and Health which shall be administered by an
Associate Director to be appointed by the Director.
(2) Purpose.--The purpose of the Office is to enhance
the development of new mine safety technology and
technological applications and to expedite the
commercial availability and implementation of such
technology in mining environments.
(3) Functions.--In addition to all purposes and
authorities provided for under this section, the Office
of Mine Safety and Health shall be responsible for
research, development, and testing of new technologies
and equipment designed to enhance mine safety and
health. To carry out such functions the Director of the
Institute, acting through the Office, shall have the
authority to--
(A) award competitive grants to institutions
and private entities to encourage the
development and manufacture of mine safety
equipment;
(B) award contracts to educational
institutions or private laboratories for the
performance of product testing or related work
with respect to new mine technology and
equipment; and
(C) establish an interagency working group as
provided for in paragraph (5).
(4) Grant authority.--To be eligible to receive a
grant under the authority provided for under paragraph
(3)(A), an entity or institution shall--
(A) submit to the Director of the Institute
an application at such time, in such manner,
and containing such information as the Director
may require; and
(B) include in the application under
subparagraph (A), a description of the mine
safety equipment to be developed and
manufactured under the grant and a description
of the reasons that such equipment would
otherwise not be developed or manufactured,
including reasons relating to the limited
potential commercial market for such equipment.
(5) Interagency working group.--
(A) Establishment.--The Director of the
Institute, in carrying out paragraph (3)(D)
shall establish an interagency working group to
share technology and technological research and
developments that could be utilized to enhance
mine safety and accident response.
(B) Membership.--The working group under
subparagraph (A) shall be chaired by the
Associate Director of the Office who shall
appoint the members of the working group, which
may include representatives of other Federal
agencies or departments as determined
appropriate by the Associate Director.
(C) Duties.--The working group under
subparagraph (A) shall conduct an evaluation of
research conducted by, and the technological
developments of, agencies and departments who
are represented on the working group that may
have applicability to mine safety and accident
response and make recommendations to the
Director for the further development and
eventual implementation of such technology.
(6) Annual report.--Not later than 1 year after the
establishment of the Office under this subsection, and
annually thereafter, the Director of the Institute
shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives a report that, with respect to the year
involved, describes the new mine safety technologies
and equipment that have been studied, tested, and
certified for use, and with respect to those instances
of technologies and equipment that have been considered
but not yet certified for use, the reasons therefore.
(7) Authorization of appropriations.--There is
authorized to be appropriated, such sums as may be
necessary to enable the Institute and the Office of
Mine Safety and Health to carry out this subsection.
* * * * * * *