109 HR 5432 IH: MINER Act
U.S. House of Representatives
2006-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Mine Improvement and New Emergency
Response Act of 2006
or the MINER Act
.
2.Section 316 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 876) is
amended—
(1)in the section
heading by adding at the end the following: and emergency response
plans
;
(2)by inserting
(a)
after the section designation;
(3)by adding at the
end the following:
(b)(1)Each underground coal
mine operator shall carry out on a continuing basis a program to improve
accident preparedness and response at each mine. Not later than 60 days after
the date of enactment of the Mine Improvement and New Emergency Response Act of
2006, each underground coal operator shall develop and adopt a written accident
response plan that complies with this subsection with respect to each mine of
the operator, and shall periodically update such plan to reflect changes in the
operation of 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. Such accident response
plan shall—
(A)provide for the evacuation of all
individuals endangered by an emergency; and
(B)provide for the maintenance of
individuals trapped underground in the event that miners are not able to
evacuate the mine.
(2)The accident response plan developed under
paragraph (1) shall be subject to review and approval by the Secretary. The
Secretary shall periodically review each such plan not less than once every 6
months and in such reviews shall consider all comments submitted by miners and
miners’ representatives and intervening advancements in science and technology.
In determining whether to approve a particular plan the Secretary shall take
into consideration all comments submitted by miners or their representatives
and must determine that the plan—
(A)affords miners a level of safety at
least consistent with the existing standards, including standards mandated by
law and regulation;
(B)reflects the most credible scientific
research;
(C)is technologically feasible, makes use
of current commercially available technology, and accounts for the specific
physical characteristics of the mine; and
(D)reflects the improvements in mine
safety gained from experience under this Act and other worker safety and health
laws.
(3)To be approved under paragraph (2),
an accident response plan shall include the following:
(A)The plan shall provide for a redundant
means of communications with the surface and rescue teams for persons
underground, such as secondary telephone or equivalent two-way
communication.
(B)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.
(C)The plan shall provide for—
(i)emergency supplies of breathable
air for individuals trapped underground sufficient to maintain such individuals
for a sustained period of time;
(ii)caches of self-rescuers of not
less than 2 hours for each miner to be kept in escape ways from the deepest
work areas 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 great than 60 minutes, as they are approved by the Secretary and
become available on the market; and
(iv)training for each miner in proper
procedures for donning self-rescuers to be conducted not less than once per
quarter, switching from one unit to another, and ensuring proper fit.
(D)The plan shall provide for the use of
flame-resistant directional lifelines or equivalent systems in escapeways to
enable evacuation. Such requirement 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.
(E)The plan shall provide a training
program for emergency procedures described in the plan which will not diminish
the requirements for mandatory health and safety training currently required
under section 115.
(F)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.
(G)The plan shall provide for—
(i)the implementation, not later than
3 years after the date of enactment of the Mine Improvement and New Emergency
Response Act of 2006, of post-accident communication between underground and
surface personnel via a wireless two-way medium, and
(ii)an electronic tracking system
permitting surface personnel to determine the location of any persons trapped
underground.
If such two-way communication and
electronic tracking system cannot reasonably be implemented, the plan shall set
forth the reasons such a system or systems cannot be adopted and shall state
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. The Secretary may make additional plan
requirements with respect to any of the content matters.(4)(A)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. In the event of such a dispute or refusal, the Secretary shall
issue a technical citation which shall be immediately referred to a Department
of Labor 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.
(B)A party adversely affected be 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.
(C)Nothing in this paragraph shall be
construed to modify the authority of the Secretary to issue citations or orders
as provided for in this Act.
(5)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.
.
3.Incident command
and controlTitle I of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811 et seq.) is amended
by adding at the end the following:
116.Limitation on certain liability for rescue
operations(a)No person shall bring an
action against any covered individual or his or her regular employer for 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 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.
(b)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)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.
.
4.Section 115(e) of the
Federal Mine Safety and Health Safety Act of 1977 (30 U.S.C. 825 (e)) is
amended—
(1)by inserting
(1)
after the subsection designation; and
(2)by adding at the
end the following:
(2)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. Such regulations shall provide for the
following:
(A)That such regulations shall not be
construed to waive operator training requirements applicable to existing mine
rescue teams.
(B)That the Mine Safety and Health
Administration shall establish, and update every 5 years thereafter, criteria
to certify the qualifications of mine rescue teams.
(C)(i)That the operator of
each underground coal mine have an employee knowledgeable in mine emergency
response who is employed at the mine on each shift at each underground mine and
make available two certified mine rescue teams whose members—
(I)are familiar with the operations of
such coal mine;
(II)participate at least annually in
two local mine rescue contests;
(III)participate at least annually in
mine rescue training at the underground coal mine covered by the mine rescue
team;
(IV)are available at the mine within
one hour ground travel time from the mine rescue station;
(V)are knowledgeable about the
operations and ventilation of the covered mines; and
(VI)are compromised 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.
(ii)For the purpose of complying with
clause (i), an operator with more than 36 employees shall employee at least one
team that is either an individual mine site rescue team or a multi-employer
composite team as described in subclause (II) of this clause. The second team
required by this subparagraph may be any of the following:
(I)An individual mine site mine rescue
team.
(II)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, and which—
- (aa)provides coverage for multiple operators
that have team members which include at least two active employees from each of
the covered mines;
- (bb)provides coverage for multiple mines
owned by the same operator which members include at least two active employees
from each mine; or
- (cc)is a State-sponsored mine rescue team
comprised of at least two active employees from each of the covered
mines.
(III)A commercial mine rescue team
provided by contract through a third-party vendor or a mine rescue team
provided by another coal company if such team—
- (aa)trains on a quarterly basis at covered
underground coal mines;
- (bb)is knowledgeable about the operations
and ventilation of the covered mines; and
- (cc)is compromised 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.
(IV)A State-sponsored team made up of
State
employees.
.
5.Prompt incident
notificationSection 103(j) of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813(j)) is amended by
inserting after the first sentence the following: 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.
.
6.National
institute for occupational safety and health
(a)Section
22 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671) is amended
by adding at the end the following:
(h)(1)There shall be permanently established
within the Institute an Office of Mine Safety and Health for the purpose of
enhancing the development of new mine safety technology and technological
applications and to expedite the commercial availability and implementation of
such technology in mining environments. The office shall be administered by an
Associate Director to be appointed by the Director.
(2)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 (4).
(3)To be eligible to receive a grant
under the authority provided for under paragraph (2), 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.
(4)(A)The Director of the
Institute, in carrying out paragraph (2)(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)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)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.
(5)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, described 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, there reasons therefore.
(6)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.
.
7.Requirement
concerning family liaisonsThe
Secretary of Labor shall establish a policy that—
(1)requires the
temporary assignment of an individual Department of Labor official to be a
liaison between the Department and the families of victims of mine tragedies
involving multiple deaths;
(2)requires the Mine
Safety and Health Administration to be as responsive as possible to requests
from the families of mine accident victims for information relating to mine
accidents; and
(3)requires that in
such accidents, such Administration shall serve as the primary communicator
with the operator, miners’ families, the press, and the public.
8.
(a)Section 110 of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 820) is amended—
(1)in subsection
(a)—
(A)by inserting
(1)
after the subsection designation; and
(B)by adding at the
end the following: (2) The operator of a coal 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.
;
(2)by adding at the
end of subsection (b) the following: 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 of
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
injuries.
; and
(3)by redesignating
subsections (e) through (l) as subsections (f) through (m), respectively and
inserting after subsection (d) the following:
(e)(1)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.
(2)The minimum penalty for any citation
issued under section 104(d)(1) shall be $2,000. The minimum penalty for a
failure or refusal to comply with any order issued under section 104(d)(2)
shall be $4,000.
(3)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 the
minimum penalties required under this
subsection.
.
(b)Not
later than December 31, 2006, the Secretary of Labor shall promulgate final
regulations with respect to the penalties provided for under the amendments
made by this section.
9.Section
108(a)(1)(A) of the Federal Mine Safety and Health Safety Act of 1977 (30
U.S.C. 818(a)(1)(A)) is amended by inserting before the comma, the following:
, or fails or refuses to comply with any order or decision, including a
civil penalty assessment order, that is issued under this Act
.
10.Sealing of
abandoned areasNot later than
18 months after the issuance by the Mine Safety and Health Administration of a
final report on the Sago Mine accident or the date of enactment of the Mine
Improvement and New Emergency Response Act of 2006, whichever occurs earlier,
the Secretary of Labor shall finalize mandatory heath and safety standards
relating to the sealing of abandoned areas in underground coal mines. Such
health and safety standards shall provide for an increase in the 20 psi
standard currently set forth in section 7335(a)(2) of title 30, Code of Federal
Regulations.
11.Technical study
panel and scholarship programTitle V of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 951 et seq.) is amended by adding at the end the
following:
514.
(a)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)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)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)
(1)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)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)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.
515.
(a)The
Secretary of Education (referred to in this section as the
Secretary
), in 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 skilled 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)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 that focus on providing the fundamental skills
and training that is of immediate use to a beginning coal miner.
(2)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)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 two
years experience in full-time employment in mining or mine-related
activities;
(C)submit to the
Secretary an application at such time, in such manner, and containing such
information as the Secretary determines; 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 Institute for Occupational
Safety and Health Office of Mine Safety.
(c)Mine safety
inspector scholarships
(1)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)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)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 as the Secretary determines; 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
researcher scholarships
(1)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)The
skills described in paragraph (1) include skills developed through programs
leading to a degree is 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)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 as the secretary determines.
(e)Authorization of
appropriationsThere are authorized to be appropriated such sums
as may be necessary to carry out this
section.
.
12.Research
concerning refuge alternatives
(a)The Director of the National Institute of Occupational
Safety and Health shall provide for the conduct of research, including field
tests, concerning the utility, practicality, survivability, and cost of various
refuge alternatives in an underground coal mine environment, including
commercially available portable refuge chambers.
(b)
(1)Not later than 18 months after the date of enactment of
this Act, the National Institute for Occupational Safety and Health 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 results of the research conducted under
subsection (a), including any field tests.
(2)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.
13.
(a)The Secretary of Labor shall establish a program to award
competitive grants for education and training to carry out the purposes of this
section.
(b)It
is the purpose of this section, to provide for the funding of education and
training programs to better identify, avoid, and prevent unsafe working
conditions in and around mines.
(c)To
be eligible to receive a grant under this section, an entity shall—
(1)be
a public or private nonprofit entity; and
(2)submit to the
Secretary of Labor an application at such time, in such manner, and containing
such information as the Secretary may require.
(d)Amounts received under a grant under this section shall be
used to establish and implement education and training programs, or to develop
training materials or employers and miners, concerning safety and health topics
in mines, as determined appropriate by the Mine Safety and Health
Administration.
(e)
(1)Grants under this section shall be awarded on an annual
basis.
(2)In awarding grants under this section, the Secretary of
Labor shall give special emphasis to programs and materials that target workers
in smaller mines, including training miners and employers about new Mine Safety
and Health Administration standards, high risk activities, or hazards
identified by such Administration.
(3)In
awarding grants under this section, the Secretary of Labor shall give priority
to the funding of pilot and demonstration projects that the Secretary
determines will provide opportunities for broad applicability for mine
safety.
(f)The
Secretary of Labor shall use not less than 1 percent of the funds made
available to carry out this section in a fiscal year to conduct evaluations of
the projects funded under grants under this section.
(g)Authorization of
AppropriationsThere is authorized to be appropriated such sums
as may be necessary to carry out this section