110 HR 2768 EH: S–MINER Act
U.S. House of Representatives
0
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.Short title; table of
contents
(a)This Act may be cited as the Supplemental Mine Improvement and New Emergency Response
Act of 2007
or the S–MINER Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions; references.
Sec. 4. Supplementing emergency response plans.
Sec. 5. Supplementing enforcement authority.
Sec. 6. Supplementing rescue, recovery, and incident
investigation authority.
Sec. 7. Respirable Dust Standards.
Sec. 8. Other health requirements.
Sec. 9. Mine safety program fund.
2.Congress finds that—
(1)while the MINER
Act of 2006 (Public Law 109–236) was an essential first step in addressing the
many health and safety hazards that miners still face, supplemental action is
necessary and feasible to better protect miners in coal and other mines;
(2)essential
standards to protect miner health established by the Federal Mine Safety and
Health Act of 1977 are out of date after 40 years, posing a significant threat
to miner health; and
(3)the Secretary of
Labor has failed in recent years to adequately fulfill the Secretary’s
obligations under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801
et seq.), additional Congressional intervention is needed.
3.
(a)As
used in this Act—
(1)the term
Secretary refers to the Secretary of Labor; and
(2)any other term
used in this Act that is defined in section 3 of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 802) shall have the meaning given the term in
such section.
(b)Except
as otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other
provision of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et
seq.).
4.Supplementing
emergency response plans
(a)Post accident
communicationsSection 316(b)(2)(F)(ii) (30 U.S.C.
876(b)(2)(F)(ii)) is amended—
(1)by striking
Not later than
and inserting the following:
(II)Not later
than
;
and
(2)by
inserting after the clause designation the following:
(I)Not later than 120
days after the enactment of the S–MINER Act, a plan shall, to be in approved
status, provide for a post accident communication system between underground
and surface personnel, and for an electronic tracking system permitting surface
personnel to determine the location of any persons trapped underground, that
utilizes a system at least as effective as a leaky feeder
or
wireless mesh type communication and tracking system currently in use in the
industry. These systems shall be enhanced physically, electronically, or
redundantly, to improve their survivability in the event of a mine disaster. In
addition, to be in approved status, an emergency response plan must be revised
promptly to incorporate new technology which the National Institute for
Occupational Safety and Health certifies can be added to the existing system to
improve its ability to facilitate post-accident communication with or tracking
of miners. No miner shall be disciplined based on information obtained from an
electronic communications and tracking
system.
.
(b)Section 316(b)(2)(E) (30 U.S.C. 876(b)(2)(E)) is
amended—
(1)in clause
(iii)(I), by inserting before the semicolon the following: and such
requirement may not be satisfied by placement of an order with any company for
future delivery of a portable refuge chamber or other means of providing such
emergency supplies of breathable air
; and
(2)by adding at the
end the following:
(vii)Not later than June 15, 2008, the Secretary
shall issue interim final regulations, consistent with the design criteria
recommended by National Institute for Occupational Safety and Health in its
report pursuant to section 13(b)(1) of the MINER Act, and subject to the
requirements of the next sentence, requiring each emergency response plan to
provide for the installation of portable rescue chambers meeting National
Institute for Occupational Safety and Health design criteria; refuge shelters
carved out of the mine workings and sealed with bulkheads meeting National
Institute for Occupational Safety and Health design criteria; or other refuge
designs recommended by National Institute for Occupational Safety and Health
that provide miners with equivalent or better protection, in the working areas
of underground coal mines within 60 days following plan approval. The
regulations shall further provide that in all cases a portable refuge chamber
shall be installed and maintained within 500 feet of the nearest working face
in each working section of an underground coal
mine.
.
(c)Improvements to
seals, ventilation controls, and rock dusting to limit the damage from
explosions
(1)The
MINER Act (30 U.S.C. 801 note) is amended by striking section 10 (concerning
sealing of abandoned areas).
(2)Section
303(z) (30 U.S.C. 863(z)) is amended by adding at the end the following:
(4)(A)The Secretary shall inspect all seals under
construction after the date of enactment of the S–MINER Act, during at least
part of their construction, to ensure the mine operator is complying with the
approved seal plan, and shall develop an inspection protocol for this
purpose.
(B)Not later than 3 months of the date
of enactment of the S–MINER Act, the Secretary shall issue final rules
regarding approval, design, construction, inspection, maintenance and
monitoring of underground coal mine seals which shall meet the requirements of
this paragraph. Except as otherwise provided by this paragraph, these
regulations shall implement the most recent recommendations of the National
Institute of Occupational Safety and Health concerning seal design,
construction, inspection, maintenance and monitoring. The regulations shall
also provide that all seals in a mine shall be monitored if they are not
designed or installed to withstand a constant total pressure of 240 pounds per
square inch, using a static structural analysis. Monitoring of seals shall be
done by continuous monitoring devices within one year of the date of enactment
of this Act, and prior thereto by qualified personnel at such intervals as the
Secretary determines are adequate to ensure safety. The Secretary shall require
mine operators to utilize a tamper-resistant method to retain records of all
such monitoring and ensure they are available for examination and verification
by the agency. Monitoring of seals shall be done both by—
(i)sampling through at least 1 seal in
each bank of seals; and
(ii)for new seals, unless infeasible due
to property rights, sampling through a sufficient number of boreholes from the
surface to the sealed areas underground to effectively determine the gas
concentrations within the area.
(C)In addition, the regulations shall provide
that—
(i)seal sampling pipes shall be composed
of materials that minimize the risk of transmitting any electrical charge, and
no conductive materials may be used to line boreholes within three feet of the
surface;
(ii)an action plan for sealing and repair
be established that will, among any other requirements, include specific
actions the mine operator will take to protect miners during the critical time
period immediately after sealing or repair takes place, and which shall be
reviewed by personnel from the Mine Safety and Health Administration who have
the required expertise prior to approval; and
(iii)methane pressures behind any seal
required to be monitored shall be maintained in such a manner as ensure that
normal pressure variations that can be reasonably anticipated in the area of
the seal do not bring the methane-air mixture into an appropriate safety range
surrounding the known explosive range of such
mixtures.
.
(3)Section 303(c) (30 U.S.C. 863) is amended by inserting
at the end the following new paragraph:
(4)Not later than 1 year after the date
of enactment of the S–MINER Act, the Secretary shall publish interim final
regulations to enhance the survivability of underground mine ventilation
controls. The Secretary shall require that stoppings be constructed using solid
concrete blocks laid wet and sealed with an appropriate bonding agent on at
least the side subjected to the velocity of the intake air coursing through the
entry, except that in the case of stoppings constructed during barrier
reduction and pillar removal operations, such stoppings may be constructed
using hollow block and an appropriate bonding
agent.
.
(4)Section 304(d) (30 U.S.C. 864) is amended by adding at
the end the following: Not later than June 15, 2009, the National
Institute for Occupational Safety and Health shall issue recommendations as to
whether changes to these requirements are necessary to ensure an equivalent
level of protection in light of any changes to the size and composition of coal
dust since these requirements were established, and the Secretary of Labor
shall take appropriate action, including the issuance of an emergency temporary
standard if warranted, to respond to these recommendations.
.
(d)Limiting
conveyor belt risks
(1)Flame resistant
conveyor beltsSection 311(h)
is amended by adding at the end the following:
Not later than 90 days after the date of
enactment of the S–MINER Act, the Secretary shall publish interim final rules
to revise the requirements for flame resistant conveyor belts to ensure that
they meet the most recent recommendations from the National Institute for
Occupational Safety and Health, and to ensure such belts are designed to limit
smoke and toxic emissions. A conveyor belt need not meet the requirements of
the preceding sentence if—(A)it was ordered, in
a mine’s inventory, or installed prior to the date of enactment of the S–MINER
Act, or it was ordered after the date of enactment of the S–MINER Act and the
Secretary certifies that the mine operator was unable to obtain a belt meeting
the requirements of the preceding sentence; or
(B)in the case of any
such belt that has been in use for more than 5 years in any capacity in any
mine, such belt has received an annual inspection by a certified professional
to ensure that the belt is free from visible defects that could cause failure
or possible
ignition.
.
(2)Section 303(y) (30 U.S.C. 863) is amended by adding at the
end the following:
(3)Not later than June 20, 2008, the
Secretary shall revise the regulations prescribed pursuant to this section to
require, in any coal mine, regardless of the date on which it was opened, that
belt haulage entries not be used to ventilate active working places. The
Secretary may agree to a modification of this requirement, pursuant to the
procedures of section 101(c), if and only if—
(A)the mine operator establishes to the
satisfaction of the Secretary that significant safety constraints require such
usage; and
(B)the mine operator agrees to comply
with criteria established by the Secretary which shall, at a minimum, include
the conditions recommended by the Technical Study Panel established under
section 514.
(4)Plans that have been approved by the
Secretary prior to the date of enactment of the S–MINER Act that permit the use
of belt-air to ventilate active working places in a mine are permitted to
remain in use to complete current mining up until the date of issuance of the
regulation required pursuant to paragraph
(3).
.
(e)Pre-shift review
of mine conditionsSection 303(d) (30 U.S.C. 863(d)) is amended
by adding at the end the following new paragraph:
(3)Not later than 90 days after the date of
enactment of the S–MINER Act, all mine operators shall be required to implement
a communication program at each of such operators’ facilities to ensure that
each person entering the operation is made aware at the start of that person’s
shift of the current conditions of the mine in general and of that person’s
specific worksite in particular. In an effort to facilitate these
communications, all agents of the operator who are responsible for ensuring the
safe and healthful working conditions at the mine, including mine foremen,
assistant mine foremen, and mine examiners, shall, upon exiting the mine or
workplace, communicate with those replacing them on duty to verbally update
them on the conditions they observed during their shift, including any
conditions that are abnormal or hazardous. Prior to entering the mine or other
workplace the on-coming agent of the operator shall meet with all members of
the crew they are responsible for and inform them of the general conditions at
the operation and in their specific work area. This process shall be completed
prior to the start of each shift at the operation and recorded in a book
designated for that purpose and available for inspection by all interested
parties. In the event the operation is idle prior to the start of any shift the
agent of the operator shall meet with the individual or individuals who were
responsible for examining the mine to obtain the necessary
information.
.
(f)Atmospheric
monitoring systemsSection 317 (30 U.S.C. 877) is amended by
adding at the end the following:
(u)Not later than May
1, 2008, an operator of an underground mine shall install atmospheric
monitoring systems in all underground areas where miners normally work and
travel that provide real-time information regarding carbon monoxide levels, and
that can, to the maximum extent possible, withstand explosions and
fires.
.
(g)Section 303(h) (30 U.S.C. 863(h)) is amended by
redesignating paragraph (2) as paragraph (3), and inserting after paragraph (1)
the following new paragraph:
(2)Each miner who is working alone for
part of a shift shall be equipped with a multi-gas detector that measures
current levels of methane, oxygen, and carbon
monoxide.
.
(h)Lightning study
by national academy of sciencesNot later than 1 year after the
date of enactment of this Act, the National Academy of Sciences shall submit to
the Secretary and to Congress recommendations on—
(1)actions that need
to be taken to strengthen existing requirements in law or regulations to ensure
that miners are protected, to the fullest extent permitted, from the risks of
lightning strikes near a mine;
(2)recommendations
for adopting any existing technology to the mining environment to minimize any
such risks; and
(3)research needed
for improved technology.
(i)Roof and rib
support, barrier reduction and pillar extraction, special attention to deep
mining
(1)Amendments to
existing lawSection 302 is amended—
(A)by amending the
section heading to read Roof and rib support, barrier reduction and pillar
extraction, special attention to deep mining
;
(B)in subsection (a),
by inserting after the second sentence the following: The Secretary
shall by regulation ensure the appropriate use of roof screen in belt entries,
travelroads, and designated intake and return escapeways in accordance with the
requirements of subsection (g).
; and
(C)by inserting at
the end the following:
(g)Where screening is
required, at least forty percent of the width of the exposed roof shall be
screened. Screening to meet the requirements of this section must have a load
bearing capacity at least equivalent to a load of 2.5 tones between bolts on a
4 foot pattern.
(h)(1)An operator shall be
required to have a current and approved barrier reduction or pillar extraction
plan, or both, before performing such activities. The Secretary shall only
approve a barrier reduction or pillar extraction plan if it provides adequate
protection and minimizes the risks for miners engaged in the activity,
reflecting appropriate engineering analysis, computer simulations, and
consultations with technical experts in the agency, in the National Institute
for Occupational Safety and Health, and in the Bureau of Land Management for
any mines leasing Federal coal resources, and only if the plan complies with
any specific requirements that may be adopted by the Secretary for barrier
reduction or pillar extraction activities including requirements related to the
depth of the mine, geology of the mine, mine height and methods, and emergency
response capabilities.
(2)A
copy of a proposed barrier reduction or pillar extraction plan, or both, shall
be provided to the authorized representative of miners at least 10 days prior
to submission to the Secretary for approval. The authorized representative of
miners may provide comments to the Secretary who shall respond thereto.
(3)The Secretary shall establish a
special internal review process for operator plans to protect miners from the
risks addressed by this section when working at depths of more than 1500 feet
and in other mines with a history of mountain bumps.
(i)Not later than 1 week before the
commencement of any barrier reduction or pillar extraction operations, the mine
operator shall notify the appropriate representative of the Secretary of his
intention to begin or resume barrier reduction or pillar extraction. The
Secretary shall document such notification in writing, and shall, before
barrier reduction or pillar extraction operations begin, take action to ensure
that every person who will be participating in such operations is trained in
the operator’s barrier reduction and/or and pillar extraction plan. The
Secretary shall observe the barrier reduction or pillar extraction operations
for a sufficient period of time to ensure that the mine operator is fully
complying with the barrier reduction or pillar extraction plan. The Secretary
may preclude the commencement of such operations or halt such operations at any
time the safety of miners comes into
question.
.
(2)Not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall, in consultation
with the National Institute for Occupational Safety and Health, submit to the
Secretary and to Congress recommendations for—
(A)actions that need
to be taken to strengthen existing requirements in law or regulations to ensure
that miners are protected, to the fullest extent permitted, from ground control
hazards, including the special hazards associated with barrier reduction and
pillar extraction;
(B)adopting any
existing technology to the mining environment to improve miner protections
during barrier reduction and pillar extraction, and on research needed for
improved technology to improve miner protections during such operations;
(C)adopting any
existing technology to the mining environment to improve miner protections
during mining at depths below 1000 feet, and on research needed for improved
technology to improve miner protections during such operations; and
(D)adopting any
existing technology to the mining environment to improve miner protections
during secondary mining of coal resources, and on research needed for improved
technology to improve miner protections during such operations.
(j)
(1)The Secretary
shall—
(A)establish a
program to randomly remove and have tested by the National Institute for
Occupational Safety and Health field samples of each model of self-rescue
device used in an underground coal mine in order to ensure that the self-rescue
devices in coal mine inventories are working in accordance with the approval
criteria for such devices;
(B)require a
manufacturer of a self-rescue device and the mine operator who owns a device to
contact the Secretary immediately upon notification of any potential problem
with any such device, and provide a copy of such notice to the representative
of miners at the affected operation; and
(C)notify immediately
all operators of underground coal mines if the Secretary detects or is advised
of any problems with the self-rescue devices.
(2)For the purposes of paragraph (1)(A), the
National Institute for Occupational Safety and Health shall determine the
number of field samples of each device to be removed for testing, and the mines
from which the samples are to be drawn to ensure a random sample is obtained,
and shall provide mine operators with self-rescue devices to replace any
removed for random testing. Should this testing reveal a potential problem with
a device that requires additional testing, the Secretary shall remove such
additional samples from such mines as may be requested by the National
Institute for Occupational Safety and Health, and it shall be the obligation of
mine operators to provide self-rescue devices to promptly replace any removed
as a result of such additional testing.
(k)Application to
underground metal and nonmetal minesTitle II is amended by adding at the end
the following new section:
207.Application to
underground metal and nonmetal mines
(a)The requirements of
section 311(h) concerning conveyor belts in underground coal mines, including
the exceptions and limitations in connection therewith, shall also apply to
conveyor belts in underground metal and nonmetal mines.
(b)The
regulations to be issued pursuant to section 303(z)(2) concerning the approval,
design, construction, inspection, maintenance and monitoring of underground
coal mine seals shall make the same rules applicable to seals in underground
metal and nonmetal mines which have been classified by the Secretary as a
category I, III, or V mine pursuant to section 57.22003 of title 30, Code of
Federal Regulations, because they naturally emit defined quantities of
methane.
(c)Promptly after the date of enactment of the S–MINER Act
The Secretary shall establish an advisory committee to provide recommendations
as to the need to revise the regulations applicable to underground metal and
nonmetal mines to ensure that miners in such mines are as protected in
emergency situations as will be underground coal miners following the full
implementation of the MINER Act, the provisions of the S–MINER Act, and related
actions by the Secretary. The advisory committee shall be established pursuant
to the Advisory Committee Act, and shall provide recommendations to the
Secretary and to Congress not later than 21 months after the date of enactment
of this Act, including recommendations as to any action by Congress that could
facilitate the goal of providing equivalent protections to miners in
underground metal and nonmetal
mines.
.
(l)Approval center
prioritiesThe Secretary shall expedite the process for approving
any—
(1)self-rescue device
that permits the replenishment of oxygen without requiring the device user to
remove the device; and
(2)underground
communication device that provides for communication between underground and
surface personnel via a wireless two-way medium.
(m)Technology and
mine emergency health and safety research prioritiesIn
implementing its research activities in the 5-year period beginning on the date
of enactment of this Act, the National Institute for Occupational Safety and
Health shall give due consideration to new technologies, and existing
technologies that could be adapted for use in underground coal or other mines,
that could facilitate the survival of miners in a mining emergency. Such
technologies include—
(1)self-contained
self-rescue devices capable of delivering enhanced performance;
(2)improved battery
capacity and common connection specifications to enable emergency communication
devices for miners to be run from the same portable power source as a headlamp,
continuous dust monitor, or other device carried by a miner;
(3)improved
technology for assisting mine rescue teams, including devices to enhance vision
during rescue or recovery operations;
(4)improved
technology, and improved protocols for the use of existing technologies, to
enable conditions underground to be assessed promptly and continuously in
emergencies, so as to facilitate the determination by appropriate officials of
the instructions to provide both to miners trapped underground and to mine
rescue teams and others engaged in rescue efforts;
(5)improvements to
underground mine ventilation controls separating mine entries to be more
resistant to mine fires and explosions, particularly in those entries used for
miner escapeways;
(6)mine-wide
monitoring systems and strategies that can monitor mine gases, oxygen, air
flows, and air quantities at strategic locations throughout the mine that would
be functional during normal mining operations and following mine fires,
explosions, roof falls, and mine bursts, including systems utilizing monitoring
sensors that transfer data to the mine surface and the installation of tubing
to draw mine gas samples that are distributed throughout the mine and can
quickly deliver samples to the mine surface; and
(7)protective
strategies for the placement of equipment, cables, and devices that are to be
utilized during mine emergencies such as communication systems, oxygen
supplies, and mine atmosphere monitoring systems, to protect them from mine
fires, roof falls, explosions, and other damage.
5.Supplementing
enforcement authority
(a)Section 103(a) (30 U.S.C. 813(a)) is amended by adding
at the end the following: No person shall limit or otherwise prevent the
Secretary from entry on a coal or other mine, or interfere with the Secretary’s
inspection activities, investigative activities, or rescue or recovery
activities.
.
(b)Transition to a
new generation of inspectorsSection 505 (30 U.S.C. 954) is
amended—
(1)by striking
The Secretary
the first place it appears and inserting
(a) The Secretary
; and
(2)by adding at the
end the following:
(b)Within 270 days of
the enactment of the S–MINER Act, the Secretary shall establish a Master
Inspector program to ensure that the most experienced and skilled employees in
the Nation have the incentive, in terms of responsibilities and pay, to serve
as mine safety and health inspectors in this Nation’s mines.
(c)In order to ensure
that the Secretary has adequate time to provide that a sufficient number of
qualified and properly trained inspectors of the Mine Safety and Health
Administration are in place before any inspectors employed as of the date of
enactment of the S–MINER Act retire, any ceilings on the number of personnel
that may be employed by the Administration with respect to mine inspectors are
abolished for the 5-year period beginning on the date of enactment of such
Act.
(d)In the event that,
notwithstanding the actions taken by the Secretary to hire and train qualified
inspectors, the Secretary is temporarily unable, at any time during the 5-year
period beginning on the date of enactment of the S–MINER Act, to employ the
number of inspectors required to staff all district offices devoted to coal
mines at the offices’ highest historical levels without transferring personnel
from supervisory or plan review activities or diminishing current inspection
resources devoted to other types of mines, the Administration is authorized to
hire retired inspectors on a contractual basis to conduct mine inspections, and
the retirement benefits of such retired inspectors shall not be reduced as a
result of such temporary contractual employment.
(e)During the 5-year
period beginning on the date of enactment of the S–MINER Act, the Secretary
shall issue a special report to the appropriate committees of Congress each
year, or at such more frequent intervals as the Secretary or any such committee
may consider appropriate, providing information about the actions being taken
under this section, the size and training of the inspector workforce at the
Mine Safety and Health Administration, the level of enforcement activities, and
the number of requests by individual operators of mines for compliance
assistance.
.
(c)Office of Miner
ombudsmanTitle V is amended by adding at the end the
following:
516.Office of miner
ombudsman
(a)Establishment of
miner ombudsmanThere shall be established, within the Office of
the Inspector General of the Department of Labor, the position of Miner
Ombudsman. The President, by and with the advice and consent of the Senate,
shall appoint an individual with expertise in mine safety and health to serve
as the Miner Ombudsman. The Ombudsman shall have authority to hire such
personnel as are required to administer his duties in accordance with
applicable law, provided they meet any general requirements for employment
within the Office of the Inspector General.
(b)The
Miner Ombudsman shall—
(1)recommend to the
Secretary appropriate practices to ensure the confidentiality of the identity
of miners, and the families or personal representatives of the miners, who
contact mine operators, authorized representatives of the miners, the Mine
Safety and Health Administration, the Department of Labor, or others with
information about mine accidents, incidents, injuries, illnesses, possible
violations of mandatory health or safety standard violations or plans or other
mine safety and health concerns;
(2)establish a
toll-free telephone number and appropriate Internet website to permit
individuals to confidentially report mine accidents, incidents, injuries,
illnesses, possible violations of mandatory health or safety standard
violations or plans or other mine safety and health concerns, and provide
plastic wallet cards, refrigerator magnets, or similar devices to all mine
operators, which mine operators shall distribute to all current and new miners,
with contact information for such confidential reports, and also provide
supplies of these devices to miner communities;
(3)collect and
forward information concerning accidents, incidents, injuries, illnesses,
possible violations of mandatory health or safety standard violations or plans
or other mine safety and health concerns to the appropriate officials of the
Mine Safety and Health Administration for investigation, or to appropriate
officials within the Office of Inspector General for investigation or audit, or
both, while establishing practices to protect the confidentiality of the
identify of those who provide such information to the Ombudsman; and
(4)monitor the
Secretary of Labor’s efforts to promptly act upon complaints filed by miners
under section 105(c) of the Act or pursuant to other programs administered by
the Department to protect whistleblowers, and report to Congress any
recommendations that would enhance such rights or protections.
(c)All
complaints of operator violations of any section of this Act or regulations
prescribed under this Act that are reported to the Secretary shall be forwarded
to the Ombudsman for logging and appropriate action, except that this
requirement shall be implemented in such a way as to avoid interference in any
way with the ability of the Assistant Secretary for Mine Safety and Health to
take prompt actions that may be required in such situations. This shall include
complaints submitted in writing, via any phone system, or orally, along with
all relevant information available regarding the complainant. All such
information shall be retained in a confidential manner pursuant to the Privacy
Act of 1974. The Ombudsman shall use such information to monitor the actions
taken to ensure that miners’ complaints are addressed in a timely manner and in
compliance with the appropriate statutes and regulations. The Ombudsman shall
refer to appropriate personnel within the Office of the Inspector General for
further review any case which he determines was not handled in such
fashion.
(d)Authorization of
appropriationsThere are hereby authorized to be appropriated to
the Ombudsman such sums as may be required for the implementation of his duties
out of the sums otherwise made available to the Mine Safety and Health
Administration for its
activities.
.
(d)
(1)Prompt
identification of patternNot later than 3 months after the date
of enactment of this Act, the Secretary shall revise the regulations issued by
the Secretary under section 104(e) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 814(e)) as in effect on the day before such date of enactment,
so that the regulations provide that—
(A)when a potential
pattern of violations is identified by any inspector or district manager of the
Mine Safety and Health Administration, the operator of the coal or other mine
and the authorized representative of miners for the mine shall be notified by
the inspector or district manager not later than 10 days after such
identification; and
(B)after receiving the
notification described in subparagraph (A), the appropriate official of the
Mine Safety and Health Administration shall promptly review any such potential
pattern of violations and, not later than 45 days after receiving such
notification, make a final decision as to whether a citation for a violation of
section 104(e) of such Act should be issued in light of the gravity of the
violations and the operator’s conduct in connection therewith.
(2)Identification of
patternSection 104(e)(1) (30 U.S.C. 814(e)(1)) is amended by
inserting after the first sentence the following: In determining whether
a pattern of violations exists, the Secretary shall give due consideration to
all relevant information, such as the gravity of the violations, operator
negligence, history of violations, the number of inspection shifts the
Secretary or her agents have spent at the operation, and the frequency of
violations per number of inspection days spent at the
operation.
.
(3)Section 104(e)(3) (30 U.S.C. 814(e)(3)) is amended by
adding at the end the following: In addition, if an operator subject to
paragraphs (1) and (2) demonstrates objective evidence that they are correcting
the problems that gave rise to the pattern of violations, and the violation
frequency rate for such operator declines significantly for a period of 180
days, the withdrawal order provisions of paragraphs (1) and (2) shall no longer
apply.
.
(4)Fine for a
pattern of violationsSection 110 (30 U.S.C. 820) is
amended—
(A)by redesignating
subsections (i) through (l) as subsections (j) through (m), respectively;
and
(B)by inserting after
subsection (h) the following:
(i)(1)If the Secretary
determines that a pattern of violations under section 104(e) exists, the
Secretary shall assess a penalty, in addition to any other penalty authorized
in this Act for a violation of such section, of not less than $50,000 nor more
than $250,000. All operators of the mine, including any corporate owners, shall
be jointly and severally liable for such penalty. The amount of the assessment
under this paragraph shall be designed to ensure a change in the future conduct
of the operators and corporate owners of such mine with respect to mine safety
and health, given the overall resources of such operators. Notwithstanding
subsection (k) or section 113, a penalty assessed by the Secretary under this
paragraph may not be reduced by the Commission.
(2)In addition to the authority to
withdraw miners from an area of a coal or other mine pursuant to section
104(e), the Secretary shall withdraw all miners from the entire mine when any
pattern of violations has been determined to exist until such time as the
Secretary certifies that all identified violations have been corrected and the
operator has agreed to abide by a written plan approved by the Mine Safety and
Health Administration to ensure that such a pattern of conduct will not
recur.
.
(e)Notification of
abatementSection 104(b) (30 U.S.C. 814(b)) is amended—
(1)by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2)by striking
If,
and inserting:
(2)If,
;
and
(3)by inserting after
the subsection designation the following:
(1)An operator issued a citation
pursuant to subsection (a) shall notify the Secretary that the operator has
abated the violation involved. If such operator fails to provide such a notice
to the Secretary within the abatement time as provided for in the citation, the
Secretary shall issue an order that requires the operator (or the agent of the
operator) to immediately cause all persons, except those persons referred to in
subsection (c), to be withdrawn from, and to be prohibited from entering, such
area as the Secretary determines until an authorized representative of the
Secretary determines that such violation has been abated. Notwithstanding any
operator notice, no violation shall be determined to be abated until an
authorized representative of the Secretary visits the site and determines such
violation has been fully
abated.
.
(f)Failure to
timely pay penalty assessmentsSection 105(a) (30 U.S.C. 815(a))
is amended—
(1)by inserting
(1)
after the subsection designation; and
(2)by inserting at
the end the following:
(2)(A)The Secretary shall maintain a list of
delinquent operators who fail to timely pay final assessments. Any operator
placed on that list for the first time shall be subject to the requirements of
this paragraph only until such time as the Secretary determines that the
operator is no longer in arrears. Any operator placed on that list for a
subsequent time shall remain on the list until such time as the Secretary
determines the operator is committed to timely payment of final assessments.
Any operator who believes he or she has been placed or retained on the list in
error may file with the Commission a request for consideration of
decision.
(B)An operator on the list maintained pursuant
to paragraph (A) shall, not later than 30 days from the receipt of the
notification of a citation issued by the Secretary, notify the Secretary that
the operator intends to contest the citation or proposed assessment of a
penalty, and the operator shall place in escrow with the Secretary the amount
of the proposed assessment. The Secretary shall place any escrow submitted by a
mine operator for this purpose into an interest bearing account and shall
release the funds to the operator, including interest accrued, upon the payment
of any final assessment determination. If notification and proof of escrow is
not provided to the Secretary, the citation and the proposed assessment of
penalty shall be deemed a final order of the Commission and not subject to
review by any court or agency.
(C)In the event that a mine operator
refuses to comply with a final order of the Commission to pay civil monetary
penalties and statutory interest, the Secretary shall have the authority to
issue an order requiring the mine operator to cease production under such final
orders of the Commission have been paid in
full.
.
(g)Maximum and
minimum penaltiesSection 110(a)(1) (30 U.S.C. 820(a)(1)) is
amended by striking more than $50,000 for each such violation.
and inserting less than $500 or more than $100,000 for each such
violation, except that, in the case of a violation of a mandatory health or
safety standard that could significantly and substantially contribute to the
cause and effect of a coal or other mine health or safety hazard, the penalty
shall not be less than $1,000 or more than $150,000, for each such
violation.
.
(h)Factors in
assessing penaltiesThe Federal Mine Safety and Health Act of
1977 is amended—
(1)in section 105(b)(1)(B)—
(A)by striking:
the size of the business of the operator charged
and inserting
the combined size of the business of the operator and any controlling
entity
;
(B)by striking
the effect on the operator’s ability to continue in business,
;
and
(C)by adding at the
end the following: In settling cases, the Secretary shall utilize the
same point system as that utilized to propose penalties, so as to ensure
consistency in operator penalty assessments.
; and
(2)in section 110(j)
(as redesignated by subsection (a)(4))—
(A)by striking:
the size of the business of the operator charged
and inserting
the combined size of the business of the operator and any controlling
entity
;
(B)by striking
the effect on the operator’s ability to continue in business,
;
and
(C)by adding at the
end the following: In any review requested by a mine operator, or in
settling cases, the Commission shall utilize the same point system as that
developed by the Secretary for proposed assessments so as to ensure consistency
in operator penalty assessments.
.
(i)Civil penalty
for interference or discriminationSection 110 (30 U.S.C. 820) is
further amended by adding at the end the following:
(n)Civil penalty
for interference or discriminationAny operator who is found to
be in violation of section 105(c), or in violation of section 103(a) (as
amended by this Act) shall be subject to a civil penalty of not less than
$10,000 nor more than $100,000 for each occurrence of such
violation.
.
(j)Section 107(a) (30 U.S.C. 817(a)) is amended by inserting
after the first sentence the following: In addition, in the event of any
violation of section 315 or section 316, or regulations issued pursuant to such
sections, such representative shall determine the extent of the area of such
mine throughout which the danger exists and issue an order requiring the
operator of such mine to cause all persons, except those referred to in section
104(c), to be withdrawn from, and to be prohibited from entering, such area
until an authorized representative of the Secretary determines that the
violations have been abated.
.
(k)Clarifications
of intent in the 1977 ActThe Federal Mine Safety and Health Act
of 1977 is amended—
(1)in section 3(d) (30 U.S.C. 802)—
(A)by inserting
mineral
before owner
;
(B)by inserting
mineral
before lessee
;
(C)by striking
or any independent
and inserting and any
independent
; and
(D)by inserting
before the semicolon the following: , and no operator may, by contract
or other agreement, limit any liability under this Act through transfer of any
responsibilities to another person
;
(2)in section 103 (30 U.S.C. 813)—
(A)in subsection (b)—
(i)by striking the first sentence and
inserting the following: For the purpose of enabling the Secretary to
perform the functions under this Act, the Secretary may, after notice, hold
public hearings and sign and issue subpoenas for the attendance and testimony
of witnesses and the production of information, including but not limited to
relevant data, papers, books, documents and items of physical evidence, and
administer oaths, whether or not in connection with a public hearing.
;
and
(ii)in the last
sentence by striking documents
and inserting information,
including data, papers, books, documents, and items of physical
evidence
; and
(B)in subsection (h),
in the first sentence, by striking information
and inserting
data, papers, books, documents, and items of physical
evidence
;
(3)in section 104 (30 U.S.C. 814)—
(A)in subsections
(d)(1), (e)(1), (e)(2), (e)(3), and (e)(4), as amended by this Act, by
inserting or any provision of this Act
after
standard
or standards
each place either such term
appears; and
(B)in subsection
(d)(1), as amended by this Act, by striking while the conditions created
by such violation do not cause imminent danger,
;
(4)in section 105 (30 U.S.C. 815)—
(A)in subsection (a),
in the first sentence, by striking , within a reasonable time after the
termination of such inspection or investigation,
;
(B)in subsection
(c)—
(i)in paragraph (1)—
(I)by inserting
or an injury or illness in a coal or other mine or that may be
associated with mine employment,
after of an alleged danger or
safety or health violation in a coal or other mine,
; and
(II)by inserting at
the end the following: No miner shall be required to work under
conditions he has reasonable grounds to believe to be abnormally and
immediately dangerous to himself beyond the normal hazards inherent in the
operation which could reasonably be expected to cause death of serious physical
harm before such condition or practice can be abated.
; and
(ii)in
paragraph (2), by inserting after the fifth sentence the following: No
investigation or hearing authorized by this paragraph may be stayed to await
resolution of a related grievance proceeding
; and
(C)by adding at the
end the following:
(e)Attorneys representing the Secretary are
authorized to contact any miner or non-managerial employee of a mine operator
for the purposes of carrying out the Secretary’s functions under this Act and
no attorney representing the Secretary shall be disbarred or disciplined by any
State bar or State court for making such contacts. No attorney representing a
mine operator in a matter under this Act may concurrently represent individual
miners in the same matter.
;
and
(5)in section 110 (30 U.S.C. 820)—
(A)in subsection
(b)(2), by striking under
and inserting of subsections
(a) through (h) of
; and
(B)in subsection
(c)—
(i)by
striking Whenever a corporate operator
and inserting
Whenever a mine operator
;
(ii)by
striking safety standard
and inserting safety standard or
requirement of this Act
;
(iii)by
inserting partner, owner,
after director,
;
and
(iv)by
striking such corporation
and inserting such mine
operator
.
(l)The Secretary shall promptly establish an advisory
committee to provide recommendations as to whether the Federal Mine Safety and
Health Act of 1977 should provide for Federal licensing of mines, mine
operators, mine controllers, or various mine personnel in order to ensure that
those engaged in mining activities are not frequent violators of safety and
health requirements, and establish a national registry in connection therewith.
The advisory committee shall be established pursuant to the Advisory Committee
Act, and shall conduct a review of existing State licensing requirements and
registries, assess their effectiveness, and shall provide its recommendations
to Congress not later than 2 years after the date of enactment of this
Act.
6.Supplementing
rescue, recovery, and incident investigation authority
(a)Not later than 30 days after the date of enactment of this
Act, the Secretary shall establish, within the Mine Safety and Health
Administration, a central communications emergency call center for all coal or
other mine operations that shall be staffed and operated 24 hours per day, 7
days per week, by 1 or more employees of the Mine Safety and Health
Administration. All calls placed to the emergency call center shall be answered
by an individual with adequate experience and training to handle emergency mine
situations. A single national phone number shall be provided for this purpose
and the Secretary shall ensure that all miners and mine operators are issued
laminated cards with emergency call center information.
(b)The Secretary shall provide the emergency call center
with a contact list, updated not less often than quarterly, that
contains—
(1)the contact phone
numbers, including the home phone numbers, for the members of each mine rescue
team responsible for each coal or other mine;
(2)the phone numbers
for the local emergency and rescue services unit that is located nearest to
each mine;
(3)the contact phone
numbers, including the home phone number, for the operator of each mine;
(4)the contact phone
numbers, including the home phone numbers, for the national and district
officials of the Mine Safety and Health Administration;
(5)the contact phone
numbers, including the home phone numbers, for the State officials in each
State who should be contacted in the event of a mine emergency in such State;
and
(6)the contact phone
numbers, including the home phone number, for the authorized representative of
the miners at each mine.
Each mine
operator shall ensure that the Secretary is provided with completely current
information required to be maintained by the Secretary pursuant to paragraphs
(1), (3), and (6). The Secretary shall give due consideration to the
information collected by the joint government-industry Mine Emergency
Operations database.(c)Mine locations;
repository of mining maps
(1)The Secretary shall
establish, maintain, and keep current, on the Department of Labor’s website, a
detailed map or set of maps showing the exact geographic location of each
operating or abandoned mine in the United States, as determined by a global
positioning system. Such map or maps shall—
(A)be presented,
through links within the website, in such a way as to make the location of a
mine instantly available to the emergency personnel responding to the
mine;
(B)be available to
members of the public;
(C)allow a user to
find the geographic location of a particular mine, or the geographic locations
of all mines of a particular type in a county, congressional district, State,
or other commonly used geographic region; and
(D)provide the
geographic location of any mining waste impoundments with links to associated
emergency contact information and available emergency response plans.
(2)Repository of
mining mapsThe Secretary shall establish a national repository
for preserving a digital archive of mining maps to be accessible directly and
without delay from the Department’s web site. The mining maps shall include
copies of all historic maps that can be obtained, as well as copies of
currently approved mining maps, which the Secretary shall arrange to copy and
preserve in digital form. The Secretary may coordinate the operation of such
repository with the Secretary of the Interior provided the other requirements
of this paragraph are observed. In addition, the Secretary shall include in
this repository copies of the most currently available mine emergency response
plan, roof plans, ventilation plans, and such other plans required for any type
of mine, following any required approval, so that they may be immediately
accessed in an emergency, in a manner consistent with the requirements of
section 312(b) of the Act.
(d)Required
notification of emergencies and serious incidentsSection 103(j)
(30 U.S.C. 813(j)) is amended—
(1)in the first
sentence, by inserting or reportable event
after
accident
;
(2)in the second
sentence—
(A)by inserting
of accidents
after the notification
; and
(B)by inserting
, or in the case of a reportable event that is not required to be
reported as an accident, within 1 hour of the time at which the operator
realizes that the event has occurred
before the period; and
(3)by inserting at
the end the following:
For the purposes of this
subsection, a reportable event shall include—(1)a fire not
required to be reported more promptly;
(2)a sudden change in
mine atmospheric conditions in a sealed area;
(3)a coal or rock
outburst that causes the withdrawal of miners; or
(4)any other event,
as determined in regulations promulgated by the Secretary, that needs to be
reported within 1 hour in order for the Secretary to determine if the working
conditions in the mine are
safe.
.
(e)Enhancing the
capabilities of mine rescue teams
(1)Section 115(e)(2)(B) (30 U.S.C. 825(e)(2)(B)) is amended by
adding at the end the following:
(v)The provision of uniform credentials
to mine rescue team members, support personnel, or vehicles for immediate
access to any mine site.
(vi)The plans required at each mine to
ensure coordination with local emergency response personnel and to ensure that
such personnel receive adequate training to offer necessary assistance to mine
rescue teams in the event such assistance is requested. Such local emergency
response personnel shall not perform the duties of any mine rescue team.
(vii)Requirements to ensure that operators are
prepared to facilitate the work of mine rescue teams during an emergency
by—
(I)storing necessary equipment not
brought on site by mine rescue teams in locations readily accessible to mine
rescue teams;
(II)providing mine rescue teams with a
parking and staging area adequate for their needs;
(III)identifying a space appropriate for
coordinating emergency communications with the mine rescue team; and
(IV)identifying and maintaining separate
spaces for family members, community members, and press to assemble during an
emergency so as to facilitate communications with these groups while ensuring
the efforts of the mine rescue teams are not
hindered.
.
(2)Section
22(h)(5)(A) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
671(h)(5)(A)) is amended by adding before the period at the end thereof:
including advanced drilling technologies, and any special technologies
required for safety or rescue in mining more than 1,500 feet in
depth
.
(f)Title I of the Act
is amended by adding at the end thereof a new section:
117.Emergency
preparedness planNot later
than 6 months of the enactment of the S–MINER Act, the Secretary shall
establish and disseminate guidelines for rescue operations that will: (1)
establish clear lines of authority within the agency for such operations; (2)
establish clear lines of demarcation so private sector and State responders can
properly implement their responsibilities; (3) be appropriate for rescue in
various types of conditions reasonably likely to be encountered in the United
States, including such factors as the depth of the mining, ground stability,
ground slope, remoteness from major roads, surface ownership and access
problems, and the availability of necessary communications linkages. The
Secretary shall consult with States, rescue teams and other responders in
developing such guidelines, and shall update them from time to time based upon
experience.
.
(g)Authority of
Secretary during rescue operationsSection 103 (30 U.S.C. 813) is
further amended—
(1)in subsection (j),
by adding at the end thereof:
If the
representative of the Secretary supervises and directs the rescue and recovery
activities in such mine, the operator shall comply with the requests of the
authorized representative of the Secretary to facilitate rescue and recovery
activities including the provision of all equipment, personnel, and other
resources required to perform such activities in accordance with the schedule
and requirements established by the representative of the Secretary for this
purpose, and failure of the operator to comply in this regard shall be
considered an egregious violation of this
Act.;
and
(2)in subsection (k),
by striking , when present,
.
(h)
(1)The
MINER Act (30 U.S.C. 801 note) is amended by striking section 7, redesignating
sections 8 and 9 as sections 7 and 8, and sections 11 through 14 as sections 9
through 12, respectively.
(2)Title I of the Act is further amended by adding at the end
the following:
118.Family Liaisons
RequirementThe Secretary
shall—
(1)designate a
full-time permanent employee of the Mine Safety and Health Administration to
serve as a Family Liaison, who shall, at least in instances where multiple
miners are trapped, severely injured or killed, act as the primary
communication with the families of the miners concerning all aspects of the
rescue operations, including the location or condition of miners, and assist
the families in getting answers to their questions, and otherwise serve as a
liaison to the families, and provide for the temporary reassignment of other
personnel who may be required to assist the Family Liaison in connection with a
particular incident;
(2)require the Mine
Safety and Health Administration to be as responsive as possible to requests
from the families of such miners for information relating to the mine accident,
and waive any fees required for the production of documents pursuant to 5
U.S.C. 552(a)(3) in connection with a request from a family member, or
authorized representative of miners, for documents relating to a mine fatality,
notwithstanding any conditions for fee waivers law that may otherwise be
imposed by law; and
(3)designate a highly
qualified representative of the Secretary with experience in public
communications to be present at mine accident sites where rescues are in
progress during the entire duration of such rescues, to serve as the primary
communicator with the press and the public concerning all aspects of the rescue
operations, including the location or condition of
miners.
.
(3)The Act is
amended—
(A)in section 103(f),
by inserting before the period at the end of the first sentence the following:
, and to participate in any accident investigation pursuant to the
requirements of this Act. Any family member of a miner trapped or otherwise
unable to execute a designation of a miner representative on his or her own
behalf may do so on behalf of the miner for any and all purposes
;
and
(B)in section
316(b)(2)(E)(vi) (as added by this Act), by adding at the end the following:
The plan shall also set forth the operator’s plans for assisting the
Secretary in the implementation of section 118.
.
(i)Section
103 is amended by adding at the end thereof—
(l)Rescue efforts for
trapped miners shall not cease as long as there is any possibility that miners
are alive, unless such efforts pose a serious danger to rescue or other
workers, and the decision to cease a rescue shall be made by the
Secretarys representative. Thereafter, efforts to recover the remains of
miners shall continue unless such efforts pose a serious danger to recovery
workers, and the decision to cease such recovery efforts shall be made by the
Secretary
s
representative.
.
(j)Accident and
incident investigationsSection 103(b) (30 U.S.C. 813(b), as
amended by section 5(k)(2) of this Act, is further amended—
(1)by striking
For the purpose
and inserting the following:
(3)For the
purpose
;
(2)by inserting after
the subsection designation the following:
(1)For all accident and incident
investigations under this Act, the Secretary shall determine why the accident
or incident occurred; determine whether civil or criminal requirements were
violated and, if so, issue citations and penalties, and make recommendations to
avoid any recurrence. The Secretary shall also determine whether the conduct or
lack thereof by Agency personnel contributed to the accident or
incident.
(2)(A)For any accidents or
incidents involving multiple serious injuries or deaths, or multiple
entrapments, there shall also be an independent investigation to consider why
the accident or incident occurred, make recommendations to avoid a recurrence,
and determine whether the conduct or lack thereof by agency personnel
contributed to the accident or incident.
(B)Not later than 30 days after the date of
enactment of the S–MINER Act, the Secretary shall initiate rulemaking activity
to establish rules on the procedures that will be used to investigate accidents
and incidents involving multiple serious injuries or deaths, or multiple
entrapments, and shall directly contact and solicit the participation
of—
(i)individuals identified by the
Secretary as family members of miners who perished in mining accidents of any
type during the preceding 10-year period;
(ii)organizations representing
miners;
(iii)mine rescue teams;
(iv)Federal, State, and local
investigation and prosecutorial authorities; and
(v)others whom the Secretary determines
may have information relevant to this rulemaking.
Such
rulemaking shall be completed by October 1, 2008.(C)The rules for the investigation of
accidents or incidents involving multiple serious injuries or deaths, or
multiple entrapments, shall provide for the appointment and operations of any
such independent investigation team in accordance with the requirements of this
paragraph. An independent investigation team shall be appointed by the Director
of the National Institute for Occupational Safety and Health as soon as
possible after a qualifying accident or incident. The members shall consist
of—
(i)a representative from the National
Institute for Occupational Safety and Health who shall serve as the
Chairman;
(ii)a representative of mine operators
with familiarity with the type of mining involved;
(iii)a representative of mine workers
with familiarity with the type of mining involved, who shall be the workers’
certified bargaining representative at the mine or, if there is no certified
representative at the mine, then a workers’ representative jointly selected by
organized labor organizations:
(iv)an academic with expertise in mining;
and
(v)a representative of the State in which
the accident or incident occurred to be selected by the Governor.
(D)Such rules shall include procedures to
ensure that the Secretary will be able to cooperate fully with the independent
investigation team and will use the powers of the Secretary under this section
to help obtain information and witnesses required by the independent
investigation team, procedures to ensure witnesses are not coerced and to avoid
conflicts of interest in witness representation, procedures to ensure
confidentiality if requested by any witness, and procedures to enable the
independent investigation team to conduct such public hearings as it deems
appropriate. Such rules shall also require that upon completion of any accident
or incident investigation of accidents or incidents involving multiple serious
injuries or deaths, or multiple entrapments, the independent investigation team
shall—
(i)issue findings as to the actions or
inactions which resulted in the accident or incident;
(ii)make recommendations as to policy,
regulatory, enforcement or other changes, including statutory changes, which in
the judgment of the independent investigation team would best prevent a
recurrence of such actions or inactions at other mines; and
(iii)promptly make all such findings and
recommendations public (except findings and recommendations that must be
temporarily withheld in connection with a criminal referral), including
appropriate public hearings to inform the mining community of their respective
findings and recommendations.
(E)As part of the Secretary’s annual report to
Congress pursuant to section 511(a), the Secretary shall report on
implementation of recommendations issued by any independent investigation teams
in the preceding 5 years.
;
and
(3)by adding at the end the following:
(4)Nothing in this Act shall be construed to
limit the authority of the Chemical Safety and Hazard Investigation Board to
conduct an independent investigation of the accident or incident or the events
or factors resulting therein, nor with the authority of the Office of the
Inspector General to conduct an investigation of the conduct of DOL personnel
in connection with an accident or incident or the events or factors resulting
therein, and the Secretary shall cooperate in full with any such investigation.
Such investigation shall be in addition to any investigation authorized by
section
103(b).
.
7.Respirable Dust
Standards
(a)Respirable dust;
respirable silica dustSection 202 (30 U.S.C. 842) is amended to
read as follows:
202.Dust standard
and respiratory equipment
(a)(1)Effective on the date of
enactment of the S–MINER Act, each coal mine operator shall continuously
maintain the concentration of respirable dust in the mine atmosphere during
each shift to which each miner in the active workings of such mine is exposed
at or below a time-weighted average of 1.00 milligrams of respirable dust per
cubic meter of air averaged over 10 hours or its dose-equivalent for shorter or
longer period of time. For purposes of this paragraph, ‘a dose-equivalent’
means the amount of dust that a miner would inhale during his work shift as if
he were working for 10 hours, and the term ‘shift’ means portal-to-portal for
underground coal mines and ‘bank to bank’ for other coal mines.
(2)At regular intervals to be prescribed by
the Secretary and the Secretary of Health and Human Services, the Secretary
will take accurate samples of the amount of respirable dust in the coal mine
atmosphere to which each miner in the active workings of such mine is exposed
in order to determine compliance with the requirements of paragraph (a)(1) of
this section. In addition, the Secretary shall cause to be made such frequent
spot inspections as he deems appropriate of the active workings of coal mines
for the purpose of obtaining compliance with the provisions of this title. All
samples by the Secretary shall be taken by a personal dust monitor that
measures, records and displays in real time the concentration of respirable
dust to which the miner wearing the device is exposed, and shall include the
sampling of areas, occupations or persons. There is authorized to be
appropriated to the Secretary $30,000,000 to purchase personal dust monitors
for the purposes of the preceding sentence. For the purposes of determining
compliance with the exposure limit for respirable dust, only a single sample
shall be required to determine non-compliance, and there shall be no adjustment
for measurement error in the measured level of respirable dust.
(3)At intervals established by the
Secretary, each operator of a coal mine shall take accurate samples of the
amount of respirable dust in the mine atmosphere to which each miner in the
active workings of such mine is exposed to identify sources of exposure so that
the operator can take corrective action and assure that the exposure of each
mine is below the exposure limit. Under the provisions of this Act, all such
samples shall be taken by a personal dust monitor that measures, records and
displays the concentration of respirable dust to which the miner wearing the
device is exposed, and may include samples of less than a full shift. The
results of such sampling shall be transmitted to the Secretary in a manner
established by him, and recorded by him in a manner that will assure
application of the provisions of this section of the Act.
(4)Each miner shall be equipped with a
personal dust monitor that measures, records and displays in real time the
concentration of respirable dust to which the miner wearing the device is
exposed. Each miner shall be permitted to adjust his work activities whenever
necessary to keep his exposure to respirable coal dust, as measured, recorded
and displayed by such device, at all times at or below the permitted
concentration.
(b)Effective on the
date of enactment of the S–MINER Act, each operator of a coal or other mine
shall continuously maintain the concentration of respirable silica dust in the
mine atmosphere during each shift to which each miner in the active workings of
such mine is exposed at or below a time-weighted average of 0.05 milligrams of
respirable silica dust per cubic meter of air averaged over ten hours or its
dose-equivalent for shorter or longer period of time. For the purposes of this
paragraph, compliance shall be determined by the sampling of areas, occupations
or persons, only a single sample shall be required to determine non-compliance,
and there shall be no adjustment for measurement error in the measured level of
respirable silica dust. For the purposes of this paragraph, a ‘dose-equivalent’
means the amount of dust that a miner would inhale during his work shift as if
he were working for 10 hours, and the term ‘shift’ means portal-to-portal for
underground mines and ‘bank to bank’ for other mines.
(c)Respiratory
equipment approved by the Secretary and the Secretary of Health and Human
Services shall be made available to all persons whenever exposed to
concentrations of respirable dust or silica in excess of the levels required to
be maintained under this section. Use of respirators shall not be substituted
for environmental control measures in the active workings. Each operator shall
maintain a supply of respiratory equipment adequate to deal with occurrences of
concentrations of respirable dust and silica in the mine atmosphere in excess
of the levels required to be maintained under this section.
(d)Each operator
shall report and certify to the Secretary at such intervals as the Secretary
may require as to the conditions in the active workings of a coal mine,
including, the average number of working hours worked during each shift, the
quantity and velocity of air regularly reaching the working faces, the method
of mining, the amount and pressure of the water, if any, reaching the working
faces, and the number, location, and type of sprays, if any,
used.
.
(b)Section 205 (30 U.S.C. 845) is repealed.
(c)Assessment on
program operations of cumulative impact of external requirements added since
1977The Secretary shall request the National Academy of Sciences
to conduct a study of the impact on the mine safety and health responsibilities
of the Department of Labor of various statutes, executive orders, and memoranda
applicable to the issuance of rulemaking and guidance and to enforcement. The
study shall include an assessment of the Equal Access to Justice Act, the
Regulatory Flexibility Act, the Small Business Regulatory Enforcement Fairness
Act, the Data Quality Act, the Paperwork Reduction Act, the Unfunded Mandates
Reform Act, the Federal Advisory Committee Act, the Congressional Review Act,
Executive Order 12866, Executive Order 13422, and memoranda from the Office of
Management and Budget on guidance, risk assessment and cost analysis. The
Secretary shall request that the National Academy of Sciences consult widely
with experts in administrative law and other disciplines knowledgeable about
such requirements, and to quantify to the extent possible the costs to miners
of the aforementioned requirements. The Secretary shall further request that
recommendations be included in the report, and that such report and
recommendations be completed, and forwarded to the Congress, no later than 21
months after the date of enactment of this Act.
8.Other health
requirements
(a)Section 101 of (30 U.S.C. 811) is amended by adding
at the end the following:
(f)Notwithstanding the other requirements of
this section, not later than 30 days of the enactment of the S–MINER Act, the
National Institute for Occupational Safety and Health shall forward to the
Secretary its Recommended Exposure Limits (RELs) for chemical and other hazards
to which miners may be exposed, along with the research data and other
necessary information. Within 30 days of receipt of this information, the
Secretary shall to adopt such recommended exposure limits as the Permissible
Exposure Limits (PELs) for application in the mining industry. The National
Institute of Occupational Safety and Health shall annually submit to the
Secretary any additional or revised recommended exposure limits for all
chemicals and other hazards to which miners may be exposed, and the Secretary
shall be obligated to adopt such exposure limits as PELs for application in the
mining industry within 30 days of receipt of such information. Upon petition
from miners or mine operators providing credible evidence that feasibility may
be an issue for the industry as a whole, the Secretary may review the
feasibility of any PEL established pursuant to this paragraph before placing it
into effect and, following public notice and comment, make necessary
adjustments thereto, provided that the adjusted standard is as protective as is
feasible, and that the PEL shall go into effect as required by the other
provisions of this paragraph if such action is not completed within one year.
Moreover, upon petition from miners or mine operators providing credible
evidence that a REL issued by the National Institute of Occupational Safety and
Health lacks the specificity required to serve as a PEL pursuant to this Act,
the Secretary may defer implementation of the requirements of this paragraph
and shall promptly request National Institute of Occupational Safety and Health
to recommend a sufficiently detailed REL, at which time the provisions of this
paragraph shall be implemented. Nothing in this subsection shall limit the
ability of the National Institute of Occupational Safety and Health to make
such recommendations more frequently than 1 time per year, nor limit the
Secretary from establishing requirements for chemical and other substances or
health hazards in the mining industry that are more comprehensive and
protective than those established pursuant to this subsection and in accordance
with the other requirements of this
section.
.
(b)Section
101 (30 U.S.C. 811) is further amended by adding at the end the
following:
(g)The health
standard for asbestos established by the Occupational Safety and Health
Administration that is set forth in section 1910.1001 of title 29, Code of
Federal Regulations, or any subsequent revision of that regulation, shall be
adopted by the Secretary for application in the mining industry not later than
30 days of the enactment of the S–MINER Act. Nothing in this paragraph shall
preclude the Secretary from adopting regulations to address asbestos hazards to
miners not covered by the regulations of the Occupational Safety and Health
Administration.
.
(c)Section 101 (30 U.S.C. 811) is further amended by
adding at the end the following:
(h)Unless and until
there is additional rulemaking pursuant to the requirements of this section,
the Secretary shall apply the provisions of the interim final rule of October
3, 2000, concerning hazard communication, in lieu of the final rule of June 21,
2002, concerning hazard
communication.
.
(d)Study on Miner
substance abuse issues that pose safety risks
(1)The
Secretary of Labor shall conduct a study providing expert review and
recommendations of policies designed to deal with substance abuse by miners,
including the causes, nature, and extent of such abuse, its impact on mine
safety and health, best practices for treatment, rehabilitation, and substance
abuse testing policies, and the adequacy of State laws and approaches. In
conducting such study, the Secretary shall solicit the views of and consult
with all interested parties, including miners, miners’ representatives, mine
operators, appropriate State agencies, and public health and substance abuse
experts.
(2)Not
later than 6 months after the date of enactment of this Act, the Secretary
shall report the findings and recommendations of the study to the Committee on
Education and Labor of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate.
(3)If, as a result of
the study, the Secretary determines it to be feasible and effective, the
Secretary shall be authorized to establish a program, in consultation with the
parties described in paragraph (1), within the Mine Safety and Health
Administration to provide for substance abuse testing of miners as well as
rehabilitation and treatment of miners suffering from substance abuse.
(e)Grants for
rehabilitation
(1)The Secretary of Labor, in consultation with the
Secretary of Health and Human Services, is authorized to award grants to
appropriate entities and programs for the purpose of providing rehabilitation
services to current and former miners suffering from mental health impairments,
including drug addiction and substance abuse issues, which may have been caused
or exacerbated by their work as miners. The Secretary shall ensure such funds
are directed to those regions of the country most in need of such
assistance.
(2)Authorization of
AppropriationsThere is authorized to be appropriated to the
Secretary of Labor $10,000,000 to carry out the grant program authorized by
this subsection.
9.Title I is
further amended by adding at the end the following:
117.
(a)There is established in the Treasury a
separate account to be known as the Mine Safety Program Fund
(in
this section referred to as the Fund
).
(b)There shall be deposited in the Fund—
(1)all penalties
collected under section 110; and
(2)any gifts,
bequests, or donations to the Fund from private entities or individuals, which
the Secretary of the Treasury is authorized to accept for deposit into the
Fund, except that the Secretary is not authorized to accept any such gift,
bequest, or donation that—
(A)attaches
conditions inconsistent with applicable laws or regulations; or
(B)is conditioned upon
or would require the expenditure of appropriated funds that are not available
to the Secretary of Labor.
(c)Amounts
in the Fund shall be available, as provided in appropriations Acts, only for
inspections and investigations conducted pursuant to section
103.
.
Passed the House of
Representatives January 16, 2008.
Lorraine C. Miller,
Clerk.