II 109th CONGRESS 2d Session S. 2308 IN THE SENATE OF THE UNITED STATES February 16, 2006 Mr. Specter (for himself, Mr. Byrd, Mr. Cochran, Mr. Harkin, Mr. Inouye, Mr. Kennedy, and Mr. Santorum) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Mine Safety and Health Act of 1977 to improve mine safety, and for other purposes.

1.

Short title

This Act may be cited as the Mine Safety and Health Act of 2006.

2.

Improved mandatory health and safety standards

Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: (f)

Establishing improved mandatory health and safety standards

Notwithstanding any other provision of this section regarding the promulgation of mandatory health and safety standards, and in addition to the requirements of any mandatory safety and health standard promulgated under this Act, the following shall be mandatory health and safety standards that apply to all coal or other mines: (1)

Oxygen stations

An operator shall strategically locate, within each area of an underground coal or other mine where miners are working, not less than 1 oxygen station that can provide the average number of miners expected to be working in such area with not less than a 4-day supply of oxygen. (2)

Wireless emergency tracking devices

An operator shall make available to each miner a wireless emergency tracking device that will enable rescuers to locate the miner in the event of an accident or emergency. (3)

Wireless communications devices

An operator shall require that each miner working in an underground coal or other mine carry a wireless text messaging or other wireless communications device that will enable rescuers or mine operators to communicate with the miner. (4)

Communications among rescue workers

In the event of a rescue operation, the operator of a coal or other mine shall ensure that communications relating to the rescue are transmitted only to the individuals participating in the rescue operation. (5)

Secondary telephone service

For each area within an underground coal or other mine where a miner is working, an operator shall provide secondary telephone service, or equivalent 2-way communication facilities, between the surface and the underground mine at an entry separate from the location of existing telephone service or equivalent facilities, in order to increase the likelihood of maintaining communications between the miner and surface or rescue personnel in the event of an accident or emergency. .

3.

Reports, plan reviews, and citations

(a)

Accident investigations and internal reviews

Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended— (1)in subsection (a), by adding at the end the following: In the case of an investigation of an accident or other occurrence relating to health or safety in a coal or other mine, the Secretary, or the authorized representative of the Secretary, shall conduct interviews of the miners regarding the accident or occurrence without having a representative of the operator present.; and (2)in subsection (b), by adding at the end the following: The Secretary shall promulgate regulations establishing rules for conducting an investigation of any accident relating to health or safety in a coal or other mine and for holding hearings relating to such investigation. Not later than 30 days after completing such investigation or a review regarding the Administration's response to such accident, the Secretary shall submit the report regarding the investigation or review to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives.. (b)

Quarterly review of certain plans

Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding at the end the following: (l)

Quarterly review

Notwithstanding any mandatory safety and health standard promulgated under this Act, the Secretary or the Secretary's authorized representative shall review the ventilation system and methane and dust control plan and the roof control plan of an operator at least once every 3 months. . (c)

Progress check

Section 104(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the third sentence the following: Not later than 24 hours after an operator has received a citation under this subsection, an authorized representative of the Secretary shall contact the operator to ensure that the operator is taking steps to abate the violation in the reasonable time specified in the citation..

4.

Emergency call center

Section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) is amended by adding at the end the following: (l)

Emergency call center

(1)

In general

The Secretary shall establish, within the Administration, a central communications emergency call center for all coal and other mine operations that shall be staffed and operated 24 hours a day, 7 days a week. All calls placed to the emergency call center shall be answered by an individual. (2)

Contact list

To assist in the operation of the emergency call center, the Secretary shall provide the emergency call center with an emergency contact list that contains the contact information for all coal or other mines subject to this Act and shall update the contact list on a quarterly basis. .

5.

Penalties

(a)

Increased penalties and user fees

Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended— (1)in subsection (a)— (A)in the first sentence, by inserting before the period , except that a flagrant violation may be assessed a civil penalty of not more than $500,000; (B)in the second sentence, by inserting , other than a flagrant violation, after safety standard; and (C)by adding at the end the following: In this subsection, the term flagrant violation means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health and safety standard that substantially and proximately caused, or reasonably could be expected to cause, death or serious bodily injury.; (2)in subsection (b), by striking $5,000 and inserting $55,000; (3)in subsection (d)— (A)by inserting knowingly exposes miners to situations likely to cause death or serious bodily injury, after operator who; (B)by striking $25,000 and inserting $250,000; and (C)by striking $50,000 and inserting $500,000; (4)in subsection (e), by striking $1,000 and inserting $20,000; (5)in subsection (f), by striking $10,000 and inserting $100,000; (6)by redesignating subsections (i) through (k) and subsection (l) as subsections (j) through (l) and subsection (o), respectively; (7)by inserting after subsection (h) the following: (i)

Failure to inform

Any operator who fails to inform the Secretary of a disaster relating to a coal or other mine within the 15-minute period following the occurrence of the disaster shall be subject to a civil penalty of not less than $100,000. The Secretary may waive the penalty under this subsection if the Secretary determines that the failure to inform within the time period was caused by circumstances outside the control of the operator. ; and (8)by inserting after subsection (l) (as so redesignated by paragraph (6)) the following: (m)

Minimum fine or penalty

(1)

Serious illness or injury hazard

A fine or civil penalty assessed under this section for a violation of a mandatory health or safety standard, or other provision of this Act, that could cause serious illness or injury shall be in an amount of not less than $10,000. (2)

Habitual violator

A fine or civil penalty assessed under this section, to any operator of a coal or other mine who habitually violates this Act, for a violation of a mandatory health or safety standard, or other provision of this Act, that could significantly and substantially contribute to a safety or health hazard shall be in an amount of not less than $20,000. (n)

User fees

An operator who incurs a civil penalty or fine under this section shall, in addition to the amount of such penalty or fine, be assessed a user fee of $100 for each such penalty or fine. Such fees shall be collected by the Secretary to be deposited in an Administration account and shall be used to augment the amounts appropriated to the Administration for carrying out the following activities: (1)To reimburse operators for the cost of training, research and development, rescue teams, safe rooms, or other supplies or equipment for miner safety. (2)To enable the Administration to provide technical support, educational policy and development, and program evaluation and information activities in accordance with this Act. . (b)

No reduction of certain fines

Section 105(d) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the first sentence by inserting , except that the Commission shall not decrease a civil penalty assessed for a flagrant violation, as defined in section 110(a), or for a habitual violation after appropriate relief.

6.

Mandatory health and safety training

Section 115(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(a)) is amended— (1)by redesignating paragraph (5) as paragraph (7); and (2)by inserting after paragraph (4) the following: (5)all miners shall receive initial training in the proper usage of wireless communications devices and shall receive refresher training courses on such usage not less often than once each calendar year; (6)each rescue team for the mine shall participate in a surprise, unannounced emergency rescue drill at an operating mine not less often than 2 times each calendar year; and .