[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2768
To establish improved mandatory standards to protect miners during
emergencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2007
Mr. George Miller of California (for himself, Mr. Rahall, Ms. Woolsey,
Mr. Murtha, Mr. Kucinich, Mr. Chandler, Mr. Hare, Mr. Bishop of New
York, Mr. Mollohan, Mr. Payne, Mr. Holt, Mr. Sarbanes, and Mr. Yarmuth)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To establish improved mandatory standards to protect miners during
emergencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supplemental Mine
Improvement and New Emergency Response Act of 2007'' or the ``S-MINER
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
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. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) while the Mine Improvement and New Emergency Response
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; and
(2) whereas 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.
SEC. 3. DEFINITIONS; REFERENCES.
(a) Definitions.--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) References.--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.).
SEC. 4. SUPPLEMENTING EMERGENCY RESPONSE PLANS.
(a) Post Accident Communications.--Section 316(b)(2)(F)(ii) (30
U.S.C. 876(b)(2)(F)(ii)) is amended--
(1) by striking ``Not later than'' and inserting ``(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' type communication and tracking
system currently in use in the industry. These systems shall be
`hardened' to the extent possible to ensure, to the greatest
extent possible, their survivability in the event of a mine
disaster. In addition, to be in approved status, an emergency
response a 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
solely on information obtained from an electronic
communications and tracking system.''
(b) Underground Refuges.--Section 316(b)(2)(E) (30 U.S.C.
876(b)(2)(E)) is amended by adding at the end the following:
``(vi) Not later than June 15, 2008, the Secretary
shall issue final regulations, consistent with the
design criteria recommended by NIOSH and section 13 of
the MINER Act, requiring the installation of rescue
chambers in the working areas of underground coal
mines. Not later than December 15, 2007, a plan shall,
to be considered approved, provide for the maintenance
of refuges within 1,000 feet of the nearest working
face in each working section of an underground coal
mine, meeting such criteria as the Secretary certifies
are as protective as the requirements in any State
which already requires refuges at such locations. No
mine located in a State which, as of the date of
enactment of the S-MINER Act, requires refuges at such
locations shall be required to take additional actions
under this clause.''.
(c) Improvements to Seals, Ventilation Controls, and Rock Dusting
To Limit the Damage From Explosions.--
(1) Repeal.--The Mine Improvement and New Emergency
Response Act of 2006 (30 U.S.C. 801 note) is amended by
striking section 10 and redesignating sections 11 through 14 as
sections 10 through 13, respectively.
(2) Seals.--Section 303(z) of the Mine Safety and Health
Act (30 U.S.C. 863(z)) is amended by adding at the end the
following:
``(4) Not later than December 15, 2007, the Secretary shall issue
final rules regarding approval, design, construction, inspection,
maintenance and monitoring of underground coal mine seals. The
Secretary shall inspect all seals under construction after that date,
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. Except as otherwise provided by
this paragraph, these regulations shall implement the recommendations
of the National Institute of Occupational Safety and Health. The
regulations shall require that all areas of the mine sealed after June
15, 2007 shall be monitored. Monitoring of seals shall be done both
by--
``(A) sampling through at least 1 seal in each bank of
seals; and
``(B) sampling through a sufficient number of boreholes
from the surface to the sealed areas underground to effectively
determine the gas concentrations within the area.''.
(3) Ventilation controls.--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 brattice walls, overcasts, undercasts,
regulators, and all other ventilation structures 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.''.
(4) Rock dusting.--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 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 belts.--Section 311(h) is
amended by adding at the end the following: ``Not later than
December 31, 2007, the Secretary shall publish interim final
regulations to ensure that all conveyor belts in use in
underground coal mines are replaced, as soon as practicable,
with belts that can meet the flame resistance requirements
recommended by the National Institute for Occupational Safety
and Health. Any conveyor belt installed in a coal mine after
December 31, 2008 shall meet the flame resistance requirements
recommended by the National Institute for Occupational Safety
and Health. Such action by the Secretary shall not diminish in
any way the obligation of the Secretary to take appropriate
additional action under this Act following completion of the
reports by the Technical Study Panel pursuant to section
514.''.
(2) Belt air.--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.
``(4) No proposed plan, or proposed modification, that utilizes
belt haulage entries to ventilate active working places shall be
approved after the date of enactment of the S-MINER Act. 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 subsection (3).
``(5) Nothing in this subsection shall limit the obligation of the
Secretary to take appropriate additional action under this Act
following completion of the reports by the Technical Study Panel,
pursuant to section 514.''.
(e) Pre-Shift Review of Mine Conditions.--Section 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 its facilities to insure management
and miners entering the operation at the start of their shift are aware
of the current conditions of the mine in general and their specific
workplace 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, meet with their counterparts
on the oncoming shift 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 Systems.--Section 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 methane levels, carbon monoxide levels, oxygen
levels, air flow, smoke, and temperature, and that can, to the maximum
extent possible, withstand explosions and fires.''.
(g) Methane Monitors.--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 may be 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.--
(1) Administrative action.--Section 307 (30 U.S.C. 867) is
amended by adding at the end the following:
``(f) In the event lightning is present in or around a mining
operation, mine operators who cannot fully protect their miners from
the effects of lightning through grounding and other engineering
controls shall use appropriate administrative controls to do so,
including withdrawal of miners from all underground areas of the mine.
Failure to take appropriate administration action shall be treated as a
significant and substantial violation of the this Act. Miners withdrawn
as a result of this action shall suffer no loss in pay or other
compensation.''.
(2) Study by national academy of sciences.--Not 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--
(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 potential damage that could be
generated because of lightning strikes near a mine;
(B) recommendations for adopting any existing
technology to the mining environment; and
(C) research needed for improved technology.
(i) SCSR Inspection Program.--The Secretary shall--
(1) establish a program to randomly remove and have tested
at least 5 percent of the field samples of each model of self-
rescue device used in an underground coal mine no less
frequently than every 6 months, in order to ensure that the
self-rescue devices in coal mine inventories are working in
accordance with the approval criteria for such devices, and
mine operators shall be responsible for the costs to replace
required self-rescue devices taken from their operation by the
Secretary for random testing;
(2) 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
(3) notify immediately all operators of underground coal
mines if the Secretary detects or is advised of any problems
with the self-rescue devices.
(j) Application to Underground Metal and Nonmetal Mines.--The
Secretary shall promptly 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 Mine Improvement
and New Emergency Response Act of 2006, the provisions of this 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.
(k) Approval Center Priorities.--The 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.
(l) Technology and Mine Emergency Health and Safety Research
Priorities.--In 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 miners
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, and roof falls, 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.
SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY.
(a) Authority of Inspectors.--Section 103 (30 U.S.C. 813) is
amended--
(1) in subsection (a), 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.''; and
(2) in subsection (k)--
(A) by striking ``, when present,''; and
(B) by adding at the end the following: ``In the
event of any accident occurring in a coal or other
mine, where rescue and recovery work is necessary, the
Secretary or an authorized representative of the
Secretary shall take whatever action the Secretary
deems appropriate to protect the life of any person,
and may supervise and direct the rescue and recovery
activities in such mine.''.
(b) Transition to a New Generation of Inspectors.--Section 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 Ombudsman.--Title V is amended by adding at the
end the following:
``SEC. 516. OFFICE OF MINER OMBUDSMAN.
``(a) Establishment of Miner Ombudsman.--There 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.
``(b) Duties.--The Miner Ombudsman shall--
``(1) be primarily responsible for ensuring that the rights
of miners are upheld to the full extent intended in the Federal
Mine Safety and Health Act of 1977 and regulations issued under
such Act;
``(2) be responsible for establishing 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 mining conditions that may
threaten, or have recently threatened, as of the time of the
contact, miner safety or health, while ensuring that the Mine
Safety and Health Administration has the information needed to
promptly investigate such complaints;
``(3) establish a toll-free telephone number and
appropriate Internet website to permit individuals to
confidentially report possible mine mandatory health or safety
standard violations or concerns;
``(4) collect and forward information concerning possible
mine safety or health violations or concerns to the appropriate
officials of the Mine Safety and Health Administration for
investigation;
``(5) monitor the Secretary of Labor's efforts to protect
miners who report that their rights under section 105(c) have
been violated, and report to Congress any recommendations that
would enhance such rights or protections; and
``(6) carry out public outreach and other activities to
facilitate the transmission, to the Secretary of Labor, of
information that could help avoid mine accidents.
``(c) Authority.--The Ombudsman shall be forwarded all complaints
of operator violations of any section of this Act or regulations
prescribed under this Act that are reported to the Secretary. This
shall include complaints submitted in writing, via the code-a-phone, 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 ensure that miners' complaints are addressed in a
timely manner and in compliance with the appropriate statutes and
regulations. The Ombudsman shall have authority to ensure that all
complaints were handled in such fashion, and to determine what remedy,
if any, was prescribed, and all personnel of the Department shall
cooperate with requests by the Ombudsman for information in this
regard.
``(d) Authorization of Appropriations.--There 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. The Ombudsman shall have the authority to hire personnel
and otherwise provide for the administration of his office in
accordance with applicable law.''.
(d) Pattern of Violations.--
(1) Prompt identification of pattern.--Not later than 3
months after the date of enactment of the S-MINER 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 pattern.--Section 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) Termination of pattern.--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 violations.--Section 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 Abatement.--Section 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.''.
(f) Failure To Timely Pay Penalty Assessments.--Section 105(a) (30
U.S.C. 815(a)) is amended by striking the third sentence and inserting
the following: ``The operator 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 to place in escrow the amount
of the proposed assessment. 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. 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 Penalties.--Section 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 Penalties.--The 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(k) (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 Discrimination.--Section 110
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is
further amended by adding at the end the following:
``(n) Civil Penalty for Interference or Discrimination.--Any
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) Imminent Danger.--Section 107(a) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 817(a) is amended by inserting after the
first sentence the following: ``For purposes of the preceding sentence,
any violation of section 315 or section 316, or regulations issued
pursuant to such sections, shall be considered an imminent danger.''.
(k) Clarifications of Intent in the 1977 Act.--The 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 may 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), as amended by section 105 of
this Act--
(i) by striking the first sentence of
paragraph (2) (as designated by section 105 of
this Act) and inserting the following: ``For
the purpose of enabling the Secretary to
perform the functions under this Act, the
Secretary may--
``(A) after notice, hold public hearings; and
``(B) sign and issue subpoenas for the attendance and testimony of
witnesses and the production of 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 of paragraph (2)
(as designated by section 105 of this Act), by
striking ``documents'' and inserting ``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 time 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,''; and
(B) 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) Federal Licensing.--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. The advisory
committee shall be established pursuant to the Advisory Committee Act,
and shall conduct a review of existing State licensing requirements,
assess their effectiveness, and shall provide its recommendations to
Congress not later than 2 years after the date of enactment of this
Act.
SEC. 6. SUPPLEMENTING RESCUE, RECOVERY, AND INCIDENT INVESTIGATION
AUTHORITY.
(a) Emergency Call Center.--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) Contact Information.--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).
(c) Mine Location Maps.--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. Such map or maps shall--
(1) 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;
(2) be available to members of the public;
(3) 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
(4) provide the geographic location of any mining waste
impoundments with links to associated emergency contact
information and available emergency response plans.
(d) Required Notification of Emergencies and Serious Incidents.--
Section 103(j) (30 U.S.C. 813) is amended to read as follows:
``(j) In the event of any accident occurring in any coal or other
mine, the operator shall notify the Secretary and shall take
appropriate measures to prevent the destruction of any evidence which
would assist in investigating the cause or causes of the accident. 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, or within 1 hour of
the time at which the operator realizes that any of the following have
occurred in the mine:
``(1) a fire;
``(2) a roof fall, unplanned inundation, collapse, or
unplanned explosion;
``(3) a sudden change in mine atmospheric conditions in a
sealed area;
``(4) a rib fall that impairs ventilation or impedes
escape;
``(5) a coal or rock outburst that causes the withdrawal of
miners;
``(6) the failure of an impoundment;
``(7) damage to hoisting equipment in a shaft or slope that
endangers an individual;
``(8) any incident that leads to the death, serious injury
with a reasonable potential to cause death, or entrapment, of a
miner; and
``(9) any other emergency or incident, as determined in
regulations promulgated by the Secretary, that needs to be
examined in order to determine if the working conditions in the
mine are safe.''.
(e) Enhancing the Capabilities of Mine Rescue Teams.--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;
and
``(vii) Requirements to ensure that operators are prepared
to facilitate the work of mine rescue teams during an emergency
by--
``(I) storing necessary equipment 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.''.
(f) Emergency Medical Response.--
(1) Ambulance.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations to require mine operators to have, within 20
minutes from the site of every coal or other mine, an ambulance
or other means of providing emergency medical response in the
event of an accident.
(2) Medical emergency technician training.--The Secretary
shall review the training and availability requirements for
medical emergency technicians in effect as of the date of
enactment of this Act and shall promptly revise such
requirements in any regulations necessary to improve such
training and increase the availability of medical emergency
technicians.
(g) Accident and Incident Investigations.--Section 103(b) (30
U.S.C. 813(b) is amended--
(1) by striking ``For the purpose'' and inserting ``(2) For
the purpose'';
(2) by inserting after the subsection designation the
following:
``(1) 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
mining accidents and incidents, and shall directly contact and solicit
the participation of--
``(A) individuals identified by the Secretary as family
members of miners who perished in mining accidents of any type
during the preceding 10-year period;
``(B) organizations representing miners;
``(C) mine rescue teams;
``(D) Federal, State, and local investigation and
prosecutorial authorities; and
``(E) others whom the Secretary determines may have
information relevant to this rulemaking.
Such rules shall be issued not later than October 1, 2008, and shall
include the investigation of any activities of Federal employees that
may be relevant to such accidents or incidents, and may establish
alternative procedures for such investigations depending upon such
factors as the Secretary determines are appropriate. Such rules shall
include procedures to ensure that witnesses are not coerced, to avoid
conflicts of interest in witness representation, and to ensure
confidentiality if requested by any witness. Such rules shall also
require upon completion of an accident or incident investigation, the
Secretary shall issue findings as to the actions or inactions which
resulted in the accident or incident, and shall make recommendations as
to policy, regulatory, enforcement or other changes, including
statutory changes, which in the judgment of the Secretary's mine safety
and health experts would best prevent a recurrence of such actions or
inactions at other mines, and shall promptly make all such findings and
recommendations public (except findings and recommendations that must
be temporarily withheld in connection with a criminal referral). Such
rules shall further provide that the Secretary shall hold appropriate
public hearings at the conclusion of the investigation of incidents to
inform the mining community of the findings and recommendations, and
shall also provide that the Secretary track the implementation of
accident and incident investigation recommendations and provide such
information annually to the Congress.''; and
(3) by adding at the end the following:
``(3) After an accident or incident and upon the timely request of
the authorized representative of the miners or the families at a mine,
the Secretary shall contract with the Chemical Safety and Hazard
Investigation Board to conduct an independent investigation of the
accident or incident and provide recommendations to the Secretary. Such
investigation shall be in addition to any investigation conducted by
the Secretary, and shall be conducted pursuant to whatever procedures
such authority determines are appropriate for the investigation. The
Secretary shall provide such authority with all information and
expertise requested, and shall pay for such authority to conduct the
authority's investigation, including the costs of obtaining the
services of independent experts required for any such investigation.''.
SEC. 7. RESPIRABLE DUST STANDARDS.
(a) Respirable Dust; Respirable Silica Dust.--Section 202 (30
U.S.C. 842) is amended to read as follows:
``dust standard and respiratory equipment
``Sec. 202. (a)(1) Effective on the date of enactment of the S-
MINER Act, each 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 coal mines and
`bank to bank' for other 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 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 the concentration of respirable dust to which the
miner wearing the device is exposed, and shall include the sampling of
areas, occupations or persons. 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) 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. 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 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 effective date of the S-MINER Act, each
operator 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 coal 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 the 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) Conforming Amendment.--Section 205 (30 U.S.C. 845) is repealed.
(c) Assessment on Program Operations of Cumulative Impact of
External Requirements Added Since 1977.--The 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 request
that such report and recommendations be completed, and copies forwarded
to the Congress, no later than 21 months after the effective date of
this Act.
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