[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Referred in Senate (RFS)]
2d Session
H. R. 2768
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2008
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
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. 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.
SEC. 2. FINDINGS.
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by the Federal Mine Safety and Health Act of 1977 are out of
date after 40 years, posing a significant threat to miner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.
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 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) Underground Refuges.--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) Repeal.--The MINER Act (30 U.S.C. 801 note) is amended
by striking section 10 (concerning sealing of abandoned areas).
(2) Seals.--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) 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 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) 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 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 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) 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. 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 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 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 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 carbon monoxide levels, 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 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 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--
(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 law.--Section 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) Study.--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) SCSR Inspection Program.--
(1) In general.--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) Determination.--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 Mines.--Title II
is amended by adding at the end the following new section:
``SEC. 207. APPLICATION TO UNDERGROUND METAL AND NONMETAL MINES.
``(a) Conveyor Belts.--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) Seals.--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) Advisory Committee.--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 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.
(m) 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 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.
SEC. 5. SUPPLEMENTING ENFORCEMENT AUTHORITY.
(a) Authority of Inspectors.--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 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. 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) Duties.--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) Authority.--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 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.''.
(d) Pattern of Violations.--
(1) Prompt identification of pattern.--Not 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 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. 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 Assessments.--Section 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 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(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 Discrimination.--Section 110
(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) Withdrawal Order.--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 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, 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) 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, 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.
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). 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) Mine locations.--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 maps.--The 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 Incidents.--
Section 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) Amendment to fmsha.--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) Research.--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:
``SEC. 117. EMERGENCY PREPAREDNESS PLAN.
``Not 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 Operations.--Section 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) Rescue Communications.--
(1) Repeal.--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) Amendment to fmsha.--Title I of the Act is further
amended by adding at the end the following:
``SEC. 118. FAMILY LIAISONS REQUIREMENT.
``The 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) Conforming amendments.--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) Recovery.--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 Secretary`s 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 Investigations.--Section 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).''.
SEC. 7. RESPIRABLE DUST STANDARDS.
(a) Respirable Dust; Respirable Silica Dust.--Section 202 (30
U.S.C. 842) is amended to read as follows:
``SEC. 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) 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 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.
SEC. 8. OTHER HEALTH REQUIREMENTS.
(a) Air Contaminants.--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) Asbestos.--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) Hazard Communication.--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) Study.--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) Report.--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) Additional authority.--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) In general.--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 appropriations.--There is authorized
to be appropriated to the Secretary of Labor $10,000,000 to
carry out the grant program authorized by this subsection.
SEC. 9. MINE SAFETY PROGRAM FUND.
Title I is further amended by adding at the end the following:
``SEC. 117. MINE SAFETY PROGRAM FUND.
``(a) Establishment.--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) Transfers to the Fund.--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) Expenditures.--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.
Attest:
LORRAINE C. MILLER,
Clerk.