110 HR 2769 IH: Miner Health Enhancement Act of U.S. House of Representatives 2007-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2769 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 and enhance the health of miners.

1.

Short title

This Act may be cited as the Miner Health Enhancement Act of 2007.

2.

Sense of congress

It is the sense of Congress that— (1)essential standards to protect miner health established by the Federal Mine Safety and Health Act of 1977 are out of date after 40 years, posing a significant threat to miner safety and health; and (2)whereas the Secretary of Labor has failed in recent years to adequately fulfill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.) to update these standards, additional Congressional intervention is needed.

3.

Air contaminants

Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: (f)Notwithstanding the other requirements of this section, not later than 30 days of the enactment of the Miner Health Enhancement Act of 2007, the National Institute for Occupational Safety and Health (NIOSH) shall forward to the Secretary its Recommended Exposure Limits (RELs) for chemical and other hazards to miners, along with the research data and other necessary information. Within 30 days of receipt of this information, the Secretary shall require the Mine Safety and Health Administration (MSHA) to adopt such recommended exposure limits as the Permissible Exposure Limits (PELs) for application in the mining industry. NIOSH shall annually submit to the Secretary any additional or revised recommended exposure limits for all hazardous substances utilized in the mining industry, 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. Nothing in this subsection shall limit the ability of NIOSH to make such recommendations more frequently than 1 time per year, nor limit MSHA from establishing requirements for chemical and other substances 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. .

4.

Asbestos

Section 101 of the Federal Mine Safety and Health Act of 1977 (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 Mine Safety and Health Administration for application in the mining industry not later than 30 days of the enactment of the Miner Health Enhancement Act of 2007. .

5.

Hazard communication

Section 101 of the Federal Mine Safety and Health Act of 1977 (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. .