[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
PROTECTING AMERICA'S WORKERS:
REVIEWING MINE SAFETY
POLICIES WITH STAKEHOLDERS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON WORKFORCE PROTECTIONS
COMMITTEE ON EDUCATION
AND THE WORKFORCE
U.S. House of Representatives
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
HEARING HELD IN WASHINGTON, DC, OCTOBER 21, 2015
__________
Serial No. 114-32
__________
Printed for the use of the Committee on Education and the Workforce
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COMMITTEE ON EDUCATION AND THE WORKFORCE
JOHN KLINE, Minnesota, Chairman
Joe Wilson, South Carolina Robert C. ``Bobby'' Scott,
Virginia Foxx, North Carolina Virginia
Duncan Hunter, California Ranking Member
David P. Roe, Tennessee Ruben Hinojosa, Texas
Glenn Thompson, Pennsylvania Susan A. Davis, California
Tim Walberg, Michigan Raul M. Grijalva, Arizona
Matt Salmon, Arizona Joe Courtney, Connecticut
Brett Guthrie, Kentucky Marcia L. Fudge, Ohio
Todd Rokita, Indiana Jared Polis, Colorado
Lou Barletta, Pennsylvania Gregorio Kilili Camacho Sablan,
Joseph J. Heck, Nevada Northern Mariana Islands
Luke Messer, Indiana Frederica S. Wilson, Florida
Bradley Byrne, Alabama Suzanne Bonamici, Oregon
David Brat, Virginia Mark Pocan, Wisconsin
Buddy Carter, Georgia Mark Takano, California
Michael D. Bishop, Michigan Hakeem S. Jeffries, New York
Glenn Grothman, Wisconsin Katherine M. Clark, Massachusetts
Steve Russell, Oklahoma Alma S. Adams, North Carolina
Carlos Curbelo, Florida Mark DeSaulnier, California
Elise Stefanik, New York
Rick Allen, Georgia
Juliane Sullivan, Staff Director
Denise Forte, Minority Staff Director
------
SUBCOMMITTEE ON WORKFORCE PROTECTIONS
TIM WALBERG, Michigan, Chairman
Duncan Hunter, California Frederica S. Wilson, Florida,
Glenn Thompson, Pennsylvania Ranking Member
Todd Rokita, Indiana Mark Pocan, Wisconsin
Dave Brat, Virginia Katherine M. Clark, Massachusetts
Michael D. Bishop, Michigan Alma S. Adams, North Carolina
Steve Russell, Oklahoma Mark DeSaulnier, California
Elise Stefanik, New York Marcia L. Fudge, Ohio
C O N T E N T S
----------
Page
Hearing held on October 21, 2015................................. 1
Statement of Members:
Walberg, Hon. Tim, Chairman, Subcommittee on Workforce
Protections................................................ 1
Prepared statement of.................................... 4
Wilson, Hon. Frederica S., Ranking Member, Subcommittee on
Workforce Protections...................................... 6
Prepared statement of.................................... 8
Statement of Witnesses:
Elliot, Mr. Ed, Director of Safety and Health, Rogers Group,
Inc., Vincennes, IN........................................ 36
Prepared statement of.................................... 38
Kohler, Dr. Jeffrey, L., Professor and Chair of Mining
Engineering, Pennsylvania State University, University
Park, PA................................................... 11
Prepared statement of.................................... 13
Sanders, Mr. Stephen A., Director, Appalachian Citizens' Law
Center, Whitesburg, KY..................................... 16
Prepared statement of.................................... 18
Watzman, Mr. Bruce, Senior Vice President, Regulatory
Affairs, National Mining Association, Washington, D.C...... 53
Prepared statement of.................................... 55
Wright, Mr. Michael J., Director of Health, Safety and
Environment, United Steelworkers, Pittsburgh, PA........... 46
Prepared statement of.................................... 48
Additional Submissions:
Chairman Walberg:
Letter dated October 19, 2015, from the U.S. Department
of Labor, Mine Safety and Health Administration........ 66
Mr. Watzman:
Letter dated October 28, 2015, from the National Mining
Association............................................ 86
Ms. Wilson:
Letter dated October 30, 2015, from the U.S. Department
of Labor, Mine Safety and Health Administration........ 91
PROTECTING AMERICA'S WORKERS:
REVIEWING MINE SAFETY
POLICIES WITH STAKEHOLDERS
----------
Wednesday, October 21, 2015
U.S. House of Representatives
Committee on Education and the Workforce
Subcommittee on Workforce Protections
Washington, D.C.
----------
The subcommittee met, pursuant to call, at 10:04 a.m., in
Room 2261, Rayburn House Office Building. Hon. Tim Walberg
[Chairman of the subcommittee] presiding.
Present: Representatives Walberg, Thompson, Rokita, Brat,
Bishop, Stefanik, Wilson, Pocan, and DeSaulnier.
Also Present: Representatives Kline, Scott, Cartwright, and
Courtney.
Staff Present: Andrew Banducci, Workforce Policy Counsel;
Janelle Belland, Coalitions and Members Services Coordinator;
Ed Gilroy, Director of Workforce Policy; Jessica Goodman,
Legislative Assistant; Callie Harman, Legislative Assistant;
Christie Herman, Professional Staff Member; Tyler Hernandez,
Press Secretary; Nancy Locke, Chief Clerk; John Martin,
Professional Staff Member; Dominique McKay, Deputy Press
Secretary; Brian Newell, Communications Director; Krisann
Pearce, General Counsel; Alissa Strawcutter, Deputy Clerk;
Juliane Sullivan, Staff Director; Loren Sweatt, Senior Policy
Advisor; Olivia Voslow, Staff Assistant; Joseph Wheeler,
Professional Staff Member; Tylease Alli, Minority Clerk/Intern
and Fellow Coordinator; Christine Godinez, Minority Staff
Assistant; Brian Kennedy, Minority General Counsel; Richard
Miller, Minority Senior Labor Policy Advisor; Veronique
Pluviose, Minority Civil Rights Counsel; Saloni Sharma,
Minority Press Assistant; and Elizabeth Watson, Minority
Director of Labor Policy.
Chairman Walberg. Good morning. I decided to go with the
flow here and have a new gavel this morning. Those of you at
the table, you know what this is from a long wall scaling
machine, and possibly a culprit in the past, but also something
that is causing great opportunity in our coal mining industry
as well. Forgive me if I use this today. I just have to make
sure I release it ever so slowly with the weight that is in it.
A quorum being present, the Committee will come to order.
Good morning. I would like to thank you all for joining us
today and thank our witnesses for being here to continue a
discussion on the health and safety of American workers.
Each day, men and women across this country work hard to
earn a living and provide for their families. They deserve
thanks for doing something they should do, but nevertheless
thanks as well.
They also deserve the security and peace of mind that comes
from knowing their workplaces are safe and effective policies
are in place to protect them. That is true whether an
individual works at a desk, behind a counter, or in a mine.
Two weeks ago we discussed the important role of the
Occupational Safety and Health Administration and what it plays
in that process in providing American workers the safe
workplaces they deserve.
Earlier this year we heard from Assistant Secretary Joe
Main, head of the Mine Safety and Health Administration, who
discussed the work his agency is doing to help keep miners
safe.
On each occasion, we urged the administration to hold bad
actors accountable, as well as to work with employers and other
stakeholders to identify gaps in safety and to implement
responsible solutions. The goal is to prevent injuries and
fatalities before they occur, and this responsible approach is
the best way to achieve that goal.
Today, we will hear from a number of stakeholders in the
mining industry, including operators and labor and safety
experts. There have been significant changes in the mining
industry over the last several years, including the way health
and safety policies are enforced.
This hearing is an opportunity to hear what is working and
what is not. As we all know, thousands of miners are employed
by an industry that is vitally important to our nation's homes
and businesses. I hope all levels of our governmental system
hear that and acknowledge that.
We also know these men and women work in an environment
that is extremely dangerous, where some of the most basic tasks
can be life threatening. It is hard to imagine working in a
place where the very air you breathe is hazardous to your
health. That is just one of the many hazards miners face.
We have witnessed the deadly consequences that ensue when
mine safety and health rules are not followed. Upper Big Branch
is a painful reminder of what happened when bad actors put
profit before safety, and a trial currently underway in West
Virginia demonstrates the role our criminal justice system can
play.
Upper Big Branch is also a painful reminder of what happens
when mine safety and health rules are not properly enforced. As
an independent report from National Institute for Occupational
Safety and Health noted, and I quote, ``If the Mine Safety and
Health Administration had engaged in timely enforcement of the
Mine Act, and applicable standards and regulations, it would
have lessened the chances of and possibly could have prevented
the UBB explosion.''
In response, the agency has taken steps intended to improve
safety, such as requiring the use of continuous personal dust
monitors and proximity detectors, launching an impact
inspection initiative, and changing the pattern of violations
process.
We have repeatedly called on MSHA to do better, and while
we have not agreed with each action it has taken, we are
pleased the agency is showing more of a commitment to using the
tools it has to keep miners safe.
Unfortunately, along with reports of effective enforcement,
I have also heard reports of inspectors being overly aggressive
in their citation policy. With one inspector, the majority of
citations were found to be in error by a court. We agree that
oversight of mine safety is imperative to worker safety, but we
also want to ensure mines can continue to successfully operate
and provide good jobs and security for its workers.
We look forward to hearing from our witnesses on these and
other actions MSHA has taken in recent years, understanding the
state of the industry, seeing how current rules are not
working, and discussing what we can do differently are vital to
worker safety and job security.
That is why we have asked you all to join us today. Each of
you offers a different and important perspective on the
policies in place to protect America's miners. Your views and
expertise will help us answer a number of important questions.
Are the policies that have been put in place in recent
years working? If not, why not? Is enforcement more effective
or less effective? Are there additional steps MSHA can take to
strengthen protections?
Your testimonies will help us ensure enforcement and
regulatory policies serve the best interests of miners and
their families. Again, I thank you for joining us. We look
forward to your testimony and continuing this important
conversation on worker safety.
With that, I will now recognize our Ranking Member, Ms.
Wilson, for her opening remarks.
[The statement of Chairman Walberg follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Ms. Wilson. Thank you, Mr. Chair. I want to thank you for
holding this hearing and giving us the opportunity to discuss
how we can better protect the health and safety of miners. Our
Ranking Member Scott, I want to thank you also for being here.
When we discuss the health of miners, we must discuss
finding ways to end black lung disease, and also to help those
suffering from the disease secure the benefits they deserve.
I was moved by the story of Steve Day, a miner, featured in
the Center for Public Integrity's Pulitzer Prize winning
investigation into the black lung benefit system. After 35
years working in the coal mines and breathing in coal dust,
Steve developed debilitating symptoms that made it impossible
to perform even simple tasks. Instead, he was forced to spend
his days sitting in a recliner next to the oxygen tank he
relied on 24 hours a day.
He was not able to even lie down to sleep next to his wife.
To do so would overwhelm his lungs and leave him feeling as if
he were suffocating. His wife slept restlessly in a nearby
bedroom, jumping out of bed when he gasped for air and pounding
him on the back until he coughed. I can only imagine the
sleepless nights his wife spent fearful that if she should
close her eyes for only a moment, she would wake up to hear he
was not breathing at all.
Steve represents the thousands of miners suffering from the
debilitating disease that has killed 76,000 coal miners. Sadly,
after years of decline, we have seen an alarming spike in the
rate of black lung disease, including a ten-fold increase in
the most severe forms of the disease.
Black lung disease is entirely preventable. MSHA's
respirable dust rule will reduce miner exposure to coal dust.
Starting February 2016, mine operators must use a continuous
personal dust monitor. This tool will allow for real time
exposure information and give operators the ability to make the
necessary adjustments to cut exposure faster.
Beyond prevention, we must also ensure that miners who
develop black lung disease get the benefits they deserve. Our
Committee has not had a hearing on the Black Lung Benefits Act
in almost 25 years. I am glad for this opportunity to hear from
our witnesses about challenges faced by black lung claimants.
Steve Day's story underscores some of those challenges.
Although he was clearly suffering from black lung, his former
employer used biased medical reports that led to the denial of
his benefits claim. Sadly, it was not until Steve died at 67
and an autopsy was performed that he was vindicated. According
to experts, Steve suffered from one of the most severe cases of
black lung they had ever seen.
Miners with black lung disease fighting for their lives
should not also have to fight against unfair tactics that
needlessly delay or deny deserved benefits. That is why we must
pass the Black Lung Benefits Improvement Act to provide miners
with assistance in securing medical evidence and obtaining
legal representation.
Of course, we know that all mines are not coal mines.
Today, we will also hear about safety issues in metal and non-
metal mines. Last year, fatalities in metal/non-metal mines
reached a seven year high. This reminds us that we must ensure
that we have the tools we need to protect miners' safety.
As we discussed in our April hearing, the Robert C. Byrd
Mine Safety Protection Act provides those much needed tools.
I want to thank our witnesses for being here today. I look
forward to your testimony, and I yield back.
[The statement of Ms. Wilson follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Walberg. I thank the gentlelady. Pursuant to
Committee Rule 7(c), all subcommittee members will be permitted
to submit written statements to be included in the permanent
hearing record, and without objection, the hearing record will
remain open for 14 days to allow statements, questions for the
record, and other extraneous material referenced during the
hearing to be submitted in the official hearing record.
It is now my pleasure to introduce today's witnesses. The
first witness, Jeffery L. Kohler, Ph.D., is professor and the
George H. and Ann B. Deike Endowed Chair of Mining Engineering
at Penn State University. Good Big Ten school. Dr. Kohler
recently retired from the National Institute for Occupational
Safety and Health as the associate director for mining, Office
of Mine Safety and Health Research.
Mr. Kohler teaches mining engineering courses and has
conducted research in several areas, including electrical
systems, materials handling, ventilation, quarry engineering,
and mining methods. Welcome.
Steve Sanders is director for the Appalachian Citizens' Law
Center (ACLC). Mr. Sanders founded ACLC, an organization
representing coal miners and their families on issues of black
lung and mine safety in 2001. Mr. Sanders has more than 20
years of experience as a public interest lawyer in eastern
Kentucky.
Mr. Sanders has represented miners in whistleblower
discrimination cases as well as black lung benefits cases.
Welcome.
Ed Elliott is director of safety and health at the Rogers
Group, and is testifying on behalf of the National Stone, Sand
and Gravel Association. Mr. Elliott has been with Rogers Group
in various safety positions since 1985. Mr. Elliott has earned
numerous awards including the National Stone, Sand and Gravel
Association Safety and Health Professional of the Year for
2002, to Aggregate Managers Magazine Ag Man of the Year for
2004, and Kentucky Crushed Stone Association Miner of the Year
for 2014. Welcome.
Michael Wright is director of health, safety and
environment at United Steelworkers. As a former United
Steelworkers' member myself, welcome.
Mr. Wright has been with the Steelworkers since 1984. He
served as a representative to the Bhopal accident
investigation. Mr. Wright is often the Steelworkers'
representative at regulatory and congressional hearings.
Welcome.
Bruce Watzman is the senior vice president for regulatory
affairs at the National Mining Association. Mr. Watzman has
worked for the National Mining Association and its predecessor,
the National Coal Association, since 1980.
Mr. Watzman was recently appointed as a member of the Mine
Safety and Health Research Advisory Committee. I welcome you.
I will now ask our witnesses to stand, as is our
requirement here, and raise your right hand.
[Witnesses sworn.]
Chairman Walberg. Thank you. You may be seated. Let the
record reflect our witnesses each answered in the affirmative
and you may take your seats.
Before I recognize you to provide your testimony, let me
briefly remind you of our lighting system, and I think most of
you understand that. It is a traffic light. As long as it is
green, keep going in your five minutes of testimony. When it
hits yellow, rush through or slow down, but to the point when
it turns red, end your comments as soon as possible to give us
an opportunity to ask the questions, probably to respond to
what you wanted to say anyway.
Now for the first five minutes of testimony, I will
recognize Dr. Jeffery Kohler.
TESTIMONY OF DR. JEFFERY L. KOHLER, PROFESSOR AND CHAIR OF
MINING ENGINEERING, PENNSYLVANIA STATE UNIVERSITY, UNIVERSITY
PARK, PA
Dr. Kohler. Good morning, Mr. Chairman, and other
distinguished members of the Committee. My name is Jeff Kohler,
and I am a professor and chair of mining engineering at Penn
State. I am pleased to be here today to provide a forward
looking perspective on mine safety based on my experience of
more than 40 years in mining, working in academia, government,
and industry.
The global economy continues to be powered by mining and
mine products. Examples include energy sources like coal,
construction materials that utilize iron, copper, or
aggregates, the rare earth minerals, pharmaceuticals,
agricultural produce, and thousands of every day items that
depend on mining.
The associated mining and processing operations are a
significant driver for the economies of the producer countries,
15 percent of the U.S. and 25 percent of the global economy,
for example.
Fundamental economic value and wealth are created in the
transformation of materials from the earth's crust, and the
welfare of the men and women who make this possible must be of
the highest concern.
Remarkable gains in mine safety have been made over the
years, but more remains to be done. The goal must be to
eliminate fatalities and further reduce injuries. Indeed, many
mining companies have committed to the goal of zero harm and
are to be commended for taking actions to achieve it.
If we are to be successful on this journey to zero harm
across all commodities and at all mines, what steps should be
taken? We need to dispel the belief that compliance with
regulations is sufficient to prevent adverse safety outcomes.
Regulations provide an important base to define minimum
performance but regulatory intervention alone will not do it.
Engineering interventions such as new technologies and
design practices will contribute to improved safety, but alone
will not take us to the goal.
Training, the third intervention of a triad, that has
characterized the long-standing approach to improving mine
safety, also will contribute to incremental gains. As with the
other two intervention approaches, it has limitations.
Instead, we should recognize that safety performance is the
result of a complex system of organizational, managerial,
labor, and technical components, and we must manage it
accordingly, and involve people from every part of the mining
enterprise.
A framework for this is commonly known as ``a health and
safety management system,'' and such systems have been put into
practice in other industries and countries. The National Mining
Association, for example, has led the development of a
comprehensive system for mining known as ``CORESafety,'' and
has developed materials to expedite implementation. Already,
companies in the coal, metal/non-metal, and aggregate sectors
have embraced CORESafety and its principles.
The journey to zero harm with this approach at its core
will not happen overnight, and it will not be without its
challenges. However, in my view, this approach represents a
game changer that will enable a change in the safety culture
and facilitate obtainment of the goal much as has happened
elsewhere.
The in-place regulatory interventions will remain important
as will enforcement of those regulations by well trained and
equipped inspectors. Training interventions for everyone
involved in mining will be as important as ever, but to be
effective, we must bring our training practices and
requirements into the twenty-first century.
As a start, the findings of a recent National Academies'
study on improving self escape for mine workers offers
important insights to improve the effectiveness of training in
general.
The Mine Act brought new technologies into the mines, such
as the communications and tracking systems in use throughout
the coal industry, as well as the long awaited improvements in
oxygen supply. The principles of human systems integration will
allow future engineering interventions to be even more
successful.
Occasionally, despite the best efforts of manufacturers,
government, and industry, technology falls short. Such is the
case with mobile refuge chambers. Miners and mine operators
have no confidence that these units can be deployed and
utilized to save lives during an emergency. Rather than
continue a facade, we should move forward with a known and
workable alternative, the in-place shelter. While not perfect
nor universally applicable, it represents a superior
alternative for a majority of miners.
Finally, I would like to underscore once more the
importance of mining to this nation and the importance of mine
workers' safety to mining. Also, I would note that research and
the research products from the great mining schools in this
country will help this vital industry to remain competitive and
to achieve its goal of zero harm.
Thank you.
[The statement of Dr. Kohler follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TESTIMONY OF STEPHEN A. SANDERS, DIRECTOR, APPALACHIAN
CITIZENS' LAW CENTER, WHITESBURG, KY
Mr. Sanders. Thank you, Chairman Walberg, Ranking Member
Wilson, and the other members of the subcommittee. I appreciate
your commitment to protect the health and safety of America's
miners.
My name is Steve Sanders. I am an attorney, and I have been
representing miners and widows in black lung benefits claims
for over 25 years. I have also represented miners who were
victims of discrimination for insisting on safe working
conditions.
There are three points that I want to make today. First,
black lung is a serious problem and it continues to disable
miners and cause deaths. New data shows that the most serious
form of coal workers' pneumoconiosis is present at an alarming
rate.
MSHA's regulations reducing respirable dust levels and
requiring continuous personal dust monitors and other measures
to get accurate sampling of dust exposure are critical for
protecting miners.
Additional safety measures encouraging miners to use their
statutory rights as a miner's representative and to be
protected from discrimination are needed.
Third, the black lung benefits program is a good program.
It serves people well. But there are improvements needed to
make it a fairer and more efficient program.
The continuous personal dust monitor is long overdue, and
it is necessary to fulfill the promise made nearly 50 years ago
in the 1969 Mine Safety Act, which said that the purpose of the
law was to provide that working conditions in mines are
sufficiently free of respirable coal mine dust to permit a
miner to work during his entire working life without any
disability from pneumoconiosis or occupation-related disease.
Coal workers' pneumoconiosis is preventable. It is caused
by breathing minute dust particles, small invisible particles
that get into the lung and destroy the lung tissue and cause
fibrotic reactions. Some individuals develop a more complicated
form of pneumoconiosis, sometimes known as progressive massive
fibrosis.
Recent reports from NIOSH show that in the last 15 years,
there has been an alarming rise in the incidence of progressive
massive fibrosis, and the disease is at the highest level since
the early 1970s.
The continuous personal dust monitor will allow miners to
monitor their own exposure to dust. This is the continuous
personal dust monitor if anyone wants to look at it (holds up
device). It is designed so that it picks up the air where the
miner is working and it can show on the monitor what the
exposure is. Using that information, miners and management can
prevent exposure to excess dust.
I also support MSHA's new requirement that dust sampling be
done at no less than 80 percent of average production and that
sampling be done for the full working shift, not just for eight
hours.
As this dust monitor becomes a tool for miners to use to
detect high levels of dust, it is important that miners use
their statutory safety rights. It is important that MSHA
strengthen the role of what is known as a ``miner's
representative,'' and MSHA assist miners who feel they have
been retaliated against for making safety complaints.
In my written testimony, I discuss the cases of Scott
Howard and Reuben Shemwell. They illustrate how some coal
companies try to discourage miners from making safety
complaints, and how they retaliate against miners who do make
complaints.
As the judge noted in Mr. Shemwell's case where the company
sued him in state court after he had filed a protected mine
safety complaint, ``The primary effect of the civil suit was to
discourage future complaints from other miners.''
The coal communities often are small populations, and that
word goes out, if you will, that the company has responded in a
heavy-handed manner.
I also wanted to make a few comments about the black lung
benefits program. It provides much needed financial support for
disabled miners and widows, and it provides the miner with
medical treatment for his respiratory condition, but there are
areas that need to be improved.
The facts in the Gary Fox case showed that some companies
cherry picked their evidence that they showed to the pulmonary
experts, that they submit to judges, to support their defense
of a claim. No family should have to endure what the Fox family
suffered.
Any medical information that the coal company acquires
concerning the miner's condition should be disclosed.
I see I am running out of time. But if I could just mention
that the other part of the bill that I think is very important
is a provision in there to assist miners in getting attorneys
to represent them in these claims, because they are complex
claims, and to assist miners in obtaining sophisticated medical
evidence to support their claims.
Finally, there are unnecessary delays in processing these
claims, and if the Committee could assist in seeing that
backlog of claims pending at the Office of Administrative Law
Judges was able to be processed in a more speedy way, it would
be a great service to miners and their widows.
Thank you.
[The statement of Mr. Sanders follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Walberg. Thank you, Mr. Sanders. Mr. Elliott, I
recognize you for your five minutes of testimony.
TESTIMONY OF ED ELLIOTT, DIRECTOR OF SAFETY AND HEALTH, ROGERS
GROUP, INC., VINCENNES, IN, TESTIFYING ON BEHALF OF THE
NATIONAL STONE, SAND & GRAVEL ASSOCIATION
Mr. Elliott. Thank you, Chairman Walberg, Ranking Member
Wilson, and members of the Subcommittee on Workforce
Protections.
My name is Ed Elliott. I am the Director of Safety and
Health for Rogers Group, Inc. Today, I am pleased to testify on
behalf of the National Stone, Sand & Gravel Association. Rogers
Group is the largest privately owned crushed stone producer in
the nation, providing construction grade aggregates,
transportation, and infrastructure construction services in 11
states.
The shareholders and leadership of Rogers Group, Inc. are
committed to the safety and well-being of their employees,
neighbors, and communities.
The National Stone, Sand & Gravel Association is the
world's largest mining association by product volume. NSSGA
represents the crushed stone, sand and gravel industries, and
its member companies produce more than 90 percent of crushed
stone and 70 percent of the sand and gravel consumed annually
in the United States.
The aggregate sector has a long history of commitment to
becoming the safest and healthy as possible in the production
of aggregates.
We collaborate with government agencies, most notably MSHA,
with which NSSGA signed an alliance agreement for education and
training 13 years ago. This has given birth to a number of
effective compliance assistance programs such as safety alerts
derived from MSHA injury data.
Also, we collaborated with MSHA on the development of an
instructional video for MSHA inspector trainees on the operator
perspective on compliance.
Nevertheless, we find many of MSHA's regulations overly
burdensome without requisite benefits to health and safety. We
believe the proposed civil penalties reform rule does not meet
its stated goals and is likely to result in dramatic increases
in penalty assessments.
Additionally, we are concerned that MSHA's regulatory
agenda calls for a rule on crystalline silica to be proposed
next April. We believe that an objective rendering of the
relevant scientific evidence demonstrates that the current
permissible exposure limit, if fully complied with and
enforced, is protective of worker health.
MSHA is to be applauded for its good stakeholder outreach
which has been ramped up in the past several years. Also, the
agency has achieved important reductions in inconsistent
enforcement by its inspectors, but improvements are still
needed with ongoing vigilance by agency leadership.
Regrettably, however, we believe that MSHA enforcement
efforts have not focused as much as they should on those
conditions of highest risk, especially in today's resource
challenged environment. We believe that MSHA enforcement should
focus on areas of greatest potential peril.
The dichotomy of more expansive enforcement simultaneous to
operator success in continuing to reduce injuries and
fatalities risk undercutting the cost for safety and health. It
also jeopardizes the perception of MSHA as a genuine respected
government entity working for the common good.
Many operators fear there is a bureaucratic push within the
agency for inspectors to meet a quota of citations written.
While agency leaders deny any quotas, it is difficult for
operators to conclude anything else based on experience.
One excellent operator last year saw around half of all
routine inspections result in zero citations. This makes sense
because the operator has been diligent in investing time and
capital into clearly meeting all of MSHA's standards.
However, what does not make sense, in 2015, inspectors have
issued a significant increase in the number of citations
simultaneous to the company having further improved its safety
performance. Inspectors arrive saying in advance this will not
be a zero citation inspection.
I hope you understand operators cannot help but wonder if a
decision is based on the facts or on bureaucracy based pressure
within the agency to boost the number of citations issued.
We believe that improvement would be achieved if MHSA would
establish a pattern of compliance program. This would enable
the inspectorate to grant some form of enforcement credit to
operators for outstanding adherence to MSHA standards and
keeping low rates of injuries.
We support further investment in compliance assistance as
called for in the Mine Act. Quality training materials that
demonstrate compliant practices should become an agency point
of emphasis.
Also, we support revitalization of the agency's provision
of quality compliance assistance to small mine operators.
Mr. Chairman, we stand ready to work with MSHA in a common
sense approach to regulation and enforcement. Further, we urge
that MSHA seek new and innovative ways to help us achieve our
common goal of zero injuries in a way that the limited
resources of the Federal Government can be targeted at the most
serious hazards.
Thank you, and I will be happy to respond to any questions.
[The statement of Mr. Elliott follows:]
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Chairman Walberg. Thank you. Mr. Wright, I recognize you
now for your five minutes of testimony.
TESTIMONY OF MICHAEL J. WRIGHT, DIRECTOR OF HEALTH, SAFETY AND
ENVIRONMENT, UNITED STEELWORKERS, PITTSBURGH, PA
Mr. Wright. Thank you, Mr. Chairman, and thank you, Ranking
Member Wilson, and other distinguished members of the
subcommittee.
My name is Mike Wright. I am the Director of Health, Safety
and Environment for the United Steelworkers. Our union
represents 850,000 workers in a wide variety of industries,
including the majority of unionized metal and non-metal miners
in the United States and Canada. Altogether we represent more
than 15,000 miners who work in about 138 mines in the U.S. We
represent another 18,000 in Canada.
I have never worked as a miner personally and do not
consider myself to be one, but I have done safety and health
work in several dozen mines in the United States, Canada,
Poland, and Russia. I am also a member of NIOSH's Mine Safety
and Health Research Advisory Committee, and for what it is
worth, my Part 48 training is updated.
MSHA's impact has been enormous, even if we take into
account the decline in mining employment since 1977, the year
the Mine Act was passed, the death rate from traumatic injury
in our nation's mines has dropped by 77 percent. That number
does not include the miners saved from lingering deaths from
diseases like black lung and silicosis.
Of course, MSHA was not the sole cause of the decline.
Technological change, mine safety research, mine operators
themselves, mining unions, all played a part. MSHA was the
driving force, the catalyst for all the good things that
happened.
Even so, there is lots of room for improvement. We lost 45
miners in mine accidents last year, 25 so far this year. Let me
offer a few suggestions for improving mine safety and health.
Most importantly, there should be no backward steps. Every year
there are proposals to exempt a particular group of mines from
some set of legal requirements or to cut back on inspections
and penalties, or to shift MSHA's resources away from
enforcement toward voluntary programs, or to reward so-called
``safe mines.''
The problem is determining that a mine is truly safe and
stays that way. Our union had some sad experience with this
issue. On April 9, 1992, the Westray Coal Mine in Nova Scotia
won the prestigious John T. Ryan Award given annually to the
Canadian coal mine with the fewest injuries. Exactly one month
later a methane and coal dust explosion killed all 26 miners
underground at the time.
We were working at the time to bring the mine into our
union, and although it never reopened, we continued to
represent the families and the remaining miners through the
long years of inquests and hearings, and that is the worse
mining disaster in recent Canadian history.
Other proposals would disallow MSHA's citations for first
violations, giving those mine operators a free pass to violate
the law until caught. Miners, of course, get no such free pass,
and do not spring magically back to life the first time they
are killed, like in some video game.
Others would give more weight to voluntary compliance. We
are all for voluntary compliance, but the problem with
voluntary compliance is not everybody volunteers. In fact,
enforcement stimulates voluntary efforts. Reduce the one and
you will reduce the other.
What about forward steps? Let me suggest a few. First, MSHA
enforcement is based on a rule book of mandatory standards.
Those standards are necessary but no effective corporate safety
program relies on passive compliance with a rule book. Instead,
good programs actively seek out and correct workplace hazards.
MSHA began preliminary work on a new safety and health
program standard six years ago, but it has languished. No new
regulation or initiative would have a greater positive impact
on mine safety and health.
Second, MSHA should take a careful look at the
effectiveness of its current Part 48 training programs. The
problem is not so much the length of the training but the
content and especially the methodology. Too often miner
training, especially refresher training, consists of bored
miners watching PowerPoints or videos from equally boring
instructors without any real interaction or discussion of the
safety problems they encounter on the job. A full scale review
by MSHA including experts in adult education could lead to new
guidance, regulation if necessary, and in the end, better
trained miners.
Third, there should be greater collaboration between OSHA
and MSHA. There are some hazards that overlap between the two
agencies. We have seen too many examples where OSHA and MSHA go
their separate ways and do not work together. That should
change.
Finally, let me turn to what Congress could do. The Mine
Act is a good law but it has a few key flaws which could be
corrected. For example, MSHA should be given subpoena
authority. That is enjoyed by OSHA and by other Federal
agencies. MSHA needs that to conduct investigations.
Second, there should be a better way to collect uncollected
fines. We think that could be done through withdrawal orders,
but MSHA would need legislative authority to do that.
Finally, criminal penalties need to be increased. It is
scandalous that the penalty for killing a miner through a
willful violation of a standard is one year in prison. To give
a counter example, the penalty for damaging a coral reef or for
harassing a wild burro on Federal land is five years. What
message does it send when the Federal Government values the
serenity of a burro over the life of a miner.
These problems and others could be corrected by H.R. 1926,
the Robert C. Byrd Mine Safety Protection Act of 2015,
introduced by Representative Scott, the Ranking Member of the
full Committee, and co-sponsored by Ranking Member Wilson, and
many others. We urge its passage.
Thank you.
[The statement of Mr. Wright follows:]
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Chairman Walberg. Thank you. I now recognize for five
minutes of testimony, Mr. Watzman.
TESTIMONY OF BRUCE WATZMAN, SENIOR VICE PRESIDENT, REGULATORY
AFFAIRS, NATIONAL MINING ASSOCIATION, WASHINGTON, D.C.
Mr. Watzman. Thank you, Mr. Chairman, Ranking Member
Wilson, and members of the subcommittee. I appreciate the
opportunity to be here.
In the time I have, I want to cover two areas, what we are
doing voluntarily to drive safety performance improvement, and
problems with MSHA that are impediments to improvement.
In 2011, after having concluded that the current pace of
safety performance was not acceptable, NMA initiated
CORESafety, a first of its kind safety and health management
system designed specifically for U.S. mining, to take a more
aggressive approach to improve performance.
At the heart of CORESafety is fatality prevention and risk
management. CORESafety is not about saving miners after
accidents. It is about identifying at risk conditions,
practices, and behaviors that lead to accidents in order to
prevent them, and it is making a difference.
In our view, risk based safety and health management
systems are more likely to move safety performance to the next
level. Experience shows that safe behavior does not occur in a
vacuum. It is shaped by leadership and culture. These are
characteristics that are taught and nurtured, not legislated or
regulated. They are at the heart of CORESafety.
Beyond what the industry is doing voluntarily, we are long
past the time of debating the need to reform MSHA, to modernize
the agency in the manner in which it conducts its business.
Despite what some believe, impact inspections, rules to
live by, and pattern of violations will not get us to zero
fatalities. MSHA enforcement initiatives by focusing on
conditions represents a reactive approach to safety that has
had and will continue to have limited access.
We have an opportunity to drive further improvement but not
in the enforcement environment that exists today. Today, the
mining industry is undergoing fundamental change, but the
agency is wedded to a model with diminishing returns. From 2010
through the end of 2014, the number of operating mines has
declined precipitously.
Yet, during this period, MSHA's budget, including the
request for this year, is at a 12 percent increase. The reduced
number of mines provides an opportunity to re-evaluate how MSHA
allocates its resources and how the resources are applied.
MSHA remains a fix to a model where today it is not
uncommon for multiple inspectors to be on site every day. This
is unnecessary and counterproductive, and as one might inspect,
enforcement leads to adjudication, and this is the second area
in need of reform, the broken citation conference process.
Another area in need of reform is MSHA's selective
recognition of the incorporation of new technology. The Miner
Act established within NIOSH the Office of Mine Safety and
Health. The office is responsible for research, development,
and testing of new technologies and equipment designed to
enhance mine safety and health.
While MSHA is not bound by NIOSH's recommendations, they in
some respects have become the technical advisor to NIOSH. In
this regard, we are concerned that MSHA in certain instances
prematurely promulgates regulations that impose technology
requirements in advance of NIOSH completing the necessary
research.
An example will illustrate this. On September 15 of this
year, MSHA issued a proposed rule to require operators of
underground coal mines to equip certain pieces of equipment
with what is known as proximity detection technology. While
proven on an earlier category of equipment, this technology
suffers from interference problems on the category of equipment
covered by this proposed rule.
Despite this and despite the fact that NIOSH has not tested
the technology, MSHA's proposed rule requires the wholesale
application of this where practically every application is
unique and most are untested.
Furthermore, this structure of the rule creates a huge
disincentive for operators to apply the technology ahead of the
rule.
Similarly, we continue to face problems relative to the new
technology required by MSHA's final coal dust rule. The
inability to differentiate between rock dust and coal dust
particles gives rise to a conflict between the coal dust rule
and the agency's enhanced rock dust requirements.
Additionally, the difference in sample compliance
determinations using the current sampler and the new sampler
continues to raise concerns, especially as the February 2016
date for the phase in of the second part of the rule looms.
Finally, it is time for MSHA to adopt the voluntary
protection program for mining. Some will take this to mean that
we are advocating an end to what is commonly referred to as the
4s and 2s, the statutory requirement for inspection of all
mines.
Let me be clear. That is not what we are advocating.
Rather, a VPP would provide MSHA the ability to shift its focus
of exemplary mines, which it would determine, from an
enforcement to a compliance assistance approach.
In closing, let me stress that to modernize and improve
safety performance, we need to move beyond a model based
strictly on enforcement. Enforcement is necessary, but we have
to develop higher standards that engage employees and encourage
cooperation.
CORESafety and the VPP program are positive steps that
would move the industry in that direction.
Thank you.
[The statement of Mr. Watzman follows:]
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Chairman Walberg. Thank you. As I listened to each of you,
it is interesting to think about the impact of mining. I jumped
on a Great Lakes freighter at the Port of Monroe in my district
this past Sunday night, watching the unloading of tons of coal
into the hopper from a Great Lakes' 1,000-foot cargo ship
headed up through the Detroit River, Lake Sinclair, Sinclair
River, Lake Huron, St. Mary's River, to the Soo Locks.
All along the way, I saw either piles of aggregates,
metallic, non-metallic, piles for steel mills and power plants
all along the way. All the results of the mining industry.
Each of you represent portions of that that we want to make
sure works, so thank you for your testimony.
Let me welcome also to our Committee a distinguished
colleague from Pennsylvania, Congressman Cartwright. Thank you
for joining us. Without objection, Congressman Cartwright is
permitted to participate in our hearing today. I certainly hear
no objections. Also, it is a delight to welcome a good friend
and colleague, Mr. Courtney, joining us today as well.
I recognize myself now for five minutes of questioning. Mr.
Watzman, on September 26, the Committee requested MSHA provide
information related to the mandatory operation of continuous
personal dust monitors--we have evidence of one here in the
room--in light of the potential for a new rock dust composition
to prevent CPDMs from accurately reading coal dust in the
atmosphere.
Just Monday of this week, we received a letter back from
MSHA. I will place that letter into the record, without
objection, hearing none.
[The information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Chairman Walberg. MSHA states ``The concerns expressed in
the letter are unfounded.'' Mr. Watzman, I know you received a
similar letter this week. Do you agree with MSHA's assessment
of CPDM as it relates to changes to rock dust?
Mr. Watzman. We do not agree with the agency. We similarly
have reached out to the agency to try to work cooperatively
with them. We sought their participation in undertaking studies
underground, looking at rock dust and coal dust, and the
possible contamination of one by the other, and up to this
point, the agency has not been willing to participate in a
robust peer review study with all of the stakeholders.
We think it is a problem. We think it is something that
needs to be studied, and hopefully that will occur before the
February implementation date of the second phase of the rule
where the CPDM is required.
Chairman Walberg. What might be the reason for a problem in
participating in that study?
Mr. Watzman. That is left best to be answered by MSHA. We
do not know why. We are all seeking the same goal here and the
same objective, and that is to protect miners, and to do it in
an accurate manner. We do not know why MSHA has been resistant
and not willing to participate with us.
Chairman Walberg. Mr. Elliott, MSHA is a unique agency in
that it is required to inspect all facilities under a
regulatory arm, at least bi-annually. NSSGA members, your
members, will see an MSHA inspector at least twice a year if
not four times, if I am correct. As a safety and health
professional, what do you think would improve the interaction
between mine operators and MSHA?
Mr. Elliott. That is a good question. When you look at the
circumstances in many instances where an inspector comes on-
site, they are looking--primarily focused on regulations and
what violations they might be able to find.
I think by opening up a broader dialogue, as Mr. Wright
talked about, looking at the overall safety and health program
at a mine, that inspector could get a better idea of what is
going on in the process of managing safety every day.
To your point about the inspector may come one, two days,
three days, maybe even four days in a large mine, but the rest
of the year, they are not there. They cannot regulate how those
miners are going to act or the operator is going to act once
they are not there.
I think just opening up a broader dialogue about safety as
a whole versus just regulatory enforcement would be of great
benefit coming from both sides.
Chairman Walberg. A true partnership.
Mr. Elliott. Yes, sir.
Chairman Walberg. Dr. Kohler, you have extensive experience
in this field, especially in the area of safety. You have been
following the CPDM rock dust debate, I am certain. Can you
provide additional insight about the concerns each party is
expressing?
Dr. Kohler. Yes, I can. First, the use of real-time
monitoring devices represents a great opportunity to deal with
a lot of occupational health problems that we could not deal
with before. The advent of a technology like PDM we viewed 10
years ago, five years ago, as being the single greatest
opportunity to eliminate black lung because for the first time
people would know in real time what the exposure was and they
would be able to address that exposure.
More recently, that vision that I and others shared to do
that has developed a problem, and that is a conflict with the
rock dusting practice. A few years back in NIOSH's
investigations they determined that the amount of rock dust
being used was not protective and the amount needed to be
increased.
Further, they determined that the existing standard for
rock dust and the definition for rock dust also were in need of
modification to make it more protective.
The end result of this is that there has been a tremendous
increase in the amount of rock dusting and also rock dusting
more extensively throughout the mine.
A few years back we looked at rock dust as a nuisance and
we never really thought a lot about the impact of rock dust on
something like a respirable dust sampling program. It turns out
rock dust is a confounder. Rock dust shows up on the cassette
in the PDM the same as coal dust does, and effectively wipes
out the ability to know what the coal dust exposure is, which
is the bad actor we are trying to deal with.
There are important reasons why this needs to be resolved
and it is essential that we resolve it through additional
testing/experimentation, and we make an informed decision about
how to go forward with this important technology.
Chairman Walberg. Thank you. My time is expired. I now
recognize the Ranking Member, Ms. Wilson, for her five minutes.
Ms. Wilson. I yield to Mr. Scott.
Chairman Walberg. Mr. Scott.
Mr. Scott. Thank you, Mr. Chairman. I appreciate the
Ranking Member asking me to be recognized first.
Mr. Sanders, the device beside you does real-time
monitoring. How is that different from what is going on now and
why is that important?
Mr. Sanders. It is important, Mr. Scott; the real-time
monitoring enables the miner and the mine management to know
what the level of respirable dust is in the atmosphere where
the miner is working.
I am not an expert on these devices but this clips to the
miner's clothing and it actually takes in a sample of air.
Mr. Scott. How is that different from what is going on now?
Mr. Sanders. What is going on now, the miner is generally
not being able to get the real-time readout, that is, the
information is collected but then it is later processed, and
the information comes back days or even weeks later. The
atmosphere is continually changing, they are moving forward or
retreating in the mine. The information that comes back may
indicate there was a violation but it does not help us to
correct the problem to prevent the injuries.
Mr. Scott. Thank you. Mr. Sanders, the black lung benefits
program is an adversarial system. In your testimony you talk
about the fact that workers are not well represented. What
specific proposals would you have to level the playing field so
that workers could be better represented in this adversarial
proceeding?
Mr. Sanders. I think the legislation that has been
proposed, the Black Lung Benefits Improvement Act, has a very
good basis. What I think are the problems are partly that
attorneys are deterred by the complexity, the need to develop
sophisticated medical evidence with a client who has no
resources to pay for that, and the attorney cannot be paid for
his services by his client. Under the Federal black lung
program, the attorney that represents the claimant gets a fee
if the claimant is awarded benefits and if the award is upheld
through appeals so the award is final.
In many of these cases, I would say the average is at least
four years before you get to that point, and in many of the
cases, they go on longer.
There was an article recently in the Charleston Gazette
about a case that went on for 21 years. The attorney
representing the miner in that claim gets no compensation
unless the miner wins and the award is upheld.
The Black Lung Benefits Improvement Act created a way that
an attorney could get a partial fee through the Trust Fund if
they are successful at various stages in the proceedings, and
then that payment from the Black Lung Disability Trust Fund
would eventually be paid back by the operator if the award is
upheld. It also provides for a payment for medical expenses
incurred by the claimant to develop the kind of sophisticated
evidence they need to prove their case.
Mr. Scott. Speaking of medical evidence, the Department of
Labor has decided not to accept medical evidence from a
particular physician whose diagnoses turn out to be somewhat
questionable. If someone has been disadvantaged by bogus
medical evidence, what can be done or what should be done in
those cases?
Mr. Sanders. In the particular case you are talking about,
the Department of Labor determined that a particular
radiologist's readings where he never read an x-ray to show
complicated pneumoconiosis or progressive massive fibrosis
despite many cases where miners died and their autopsies proved
they had that condition. They said that any claimant whose
claim turned on that doctor's reports would get another shot at
it. I think that was a good result.
I think so much of this really is a battle of medical
experts, so it is hard to know at what point does the expert
simply become a fraud. It is hard to remedy that, other than
good representation in the individual claim.
Mr. Scott. Thank you. Mr. Wright, you indicated the
importance that safety inspectors have subpoena power. Why is
that important?
Mr. Wright. Because in doing especially a complicated
investigation like Upper Big Branch, they need to be able to
compel testimony and they need to be able to compel the
production of documents which may not be documents that are
normally required under the Mine Act but which are nevertheless
relevant.
In the Upper Big Branch investigation in particular, since
MSHA did not have subpoena authority, it had to work through
the state agencies and really do its investigation through the
state, which did have that subpoena power. That worked in West
Virginia. It would not work in Nevada, it would not work in
Wyoming, where there is no such state power.
It makes a lot of sense to us that since OSHA has that kind
of authority, since many other Federal agencies have that kind
of authority--I think the example I used in my written
testimony was the Federal agency charged with promoting the use
of popcorn actually has subpoena authority. MSHA does not, and
that should be corrected.
Mr. Scott. Thank you.
Chairman Walberg. I thank the gentleman. I recognize now
the gentleman from Indiana, Mr. Rokita.
Mr. Rokita. Thank you, Chairman, I appreciate you
organizing this hearing. I appreciate the witnesses' testimony
this morning.
Mr. Sanders, are you familiar with the concept of a
voluntary protection program as used in other agencies, not
MSHA, but in other agencies?
Mr. Sanders. No, I am not.
Mr. Rokita. Thank you. Mr. Wright, are you familiar with
the concept of a voluntary protection program as used in other
agencies?
Mr. Wright. Yes, very familiar.
Mr. Rokita. Do you have positive things to say about such a
program?
Mr. Wright. I have positive and negative things.
Mr. Rokita. Tell us the positive.
Mr. Wright. I think a lot of companies want to be in the
voluntary protection program in part because--this is OSHA
now--in part because it frees them from routine OSHA
inspections, but it also is kind of a badge of honor.
Mr. Rokita. Creates good competition, higher level. I
appreciate that.
Mr. Wright. Yes. One of the things we like about it is that
a company that is unionized cannot be in the VPP unless the
union agrees. There is a pretty good check on that.
Mr. Rokita. Right. Thank you, Mr. Wright. For the benefit
of Mr. Sanders, I would like Mr. Watzman to go into some detail
about the voluntary protection program. I have a bill that
several of us in Congress are on that is trying to codify that
as an eligible use across agencies, including MSHA.
I would like to know in particular more detail on how you
think MSHA and therefore miners would benefit from using a VPP.
Mr. Watzman. Thank you for the question. We think it will
work for MSHA. We think the experience in OSHA shows that it is
transferrable to MSHA, and MSHA can structure the program, put
in the proper safeguards, so that if a mine falls off the wall,
as Mike talks about, and does not maintain a certain level of
performance, they can be removed from the program.
Most importantly, we think it will give MSHA the ability to
refocus how it allocates its resources and conducts its work.
Right now, the inspection regime is very rigid. The Mine Act
uses the phrase ``in its entirety,'' and MSHA interprets ``in
its entirety'' in the broadest sense possible.
There are areas of mines where hazards present themselves.
There are other areas of mines where those hazards do not
exist. There are mines in this country that have existed for 30
or 40 years or more, where you travel down entries where rocks
do not move. They have not moved in 30 years. Yet, MSHA commits
the same resources inspecting that portion of the mine that
they do where the hazards present themselves.
That is what we think that would afford the agency.
Mr. Rokita. Thank you. In fact, the VPP companies that I
have seen in different industries, to get to that standard, to
be let go from some of the routine inspections that Mr. Wright
kind of described, you have to get to even higher levels of
compliance than you would normally. Is that correct?
Mr. Watzman. That is exactly right.
Mr. Rokita. Thank you. Mr. Elliott, you talked about a
pattern of compliance program. Is this the same as VPP or is
this something different, or just as useful or another tool
that could be in MSHA's tool box?
Mr. Elliott. I think to your point, it is very similar and
it would be a situation where if the mine could demonstrate
compliance, as the VPP points to, then I think the similarities
would be very close.
Mr. Rokita. Anything else about a pattern of compliance
program that works at the state level somewhere or any kind of
model we might study further?
Mr. Elliott. My experience has been in a number of states
that they are more focused on coal. The crushed stone, sand and
gravel is not the coal industry. When we look at those agencies
that may come in and are supportive and helpful--I think the
MSHA Small Mines Office was an example of that, where they went
into the small operators and tried to help them understand
compliance and tell them the ways they could be more efficient
if they were more compliant.
I think those are the steps where MSHA was somewhat moving
in that direction.
Mr. Rokita. Thank you. I yield back.
Chairman Walberg. I thank the gentleman. Now, reading my
script here, I recognize my Ranking Member, Ms. Wilson.
Ms. Wilson. Thank you, Chair. Mr. Sanders, I want to
commend you for your 25 years of commitment to representing
coal miners and their survivors attempting to obtain black lung
benefits.
Can you explain to us why it is often difficult for miners
to find legal representation for black lung benefit cases? Why
are we seeing a spike in new cases of black lung? How do you
think the new respirable dust rule will affect this trend?
People are dying.
Mr. Sanders. Yes. I think it is difficult for miners and
widows to find representation because of the complexity of the
claims, the bureaucratic complexity, and sophistication of the
medical evidence. We are talking about proving disability in a
pulmonary system and cause of disability. Those are fairly
complex questions and require--you really have to develop some
knowledge about that.
In addition, because the claimant cannot pay their
attorney, many attorneys do not want to take this kind of work
on with the expectation that they are not going to get paid
until the award is final, which may be several years from now.
There is other legal work that you can do that you can get paid
up front or you are going to get your fee soon after.
The amount of the fee is not that high. On an individual
claim, it is based on your services. It is based on the amount
of time you put into the case. It is not as if you are handling
a large fee contingency type case.
With regard to--did you ask why are we seeing an increased
number of cases of black lung? There is some speculation about
that. My own opinion is that modern mining methods using
continuous mining machines generate a great deal of really fine
particulate, really fine coal dust and rock dust.
In eastern Kentucky, a lot of the coal seams that they are
mining now are separated by bands of silica rock, so when a
continuous miner operates, it cuts into both the coal and the
rock, and the miners are exposed to that in the air.
I think years ago in eastern Kentucky a lot of the mining
was done shooting the coal, and they were not creating this
fine particulate matter, mixed coal and rock. I think that is
part of the problem.
Another part of the problem could be miners are working
longer shifts consecutively so there is not time for the dust
to clear out of their lungs before they go back to work and are
exposed again. That is another theory that is being looked at,
I think.
Was there a third part to your question, Ms. Wilson? I am
sorry.
Ms. Wilson. Yes, I wanted to know how the continuous
personal dust monitors would help.
Mr. Sanders. They could help a great deal because if you
are using this and it has this digital readout area and you can
look at that and you can see what the exposure is where you are
working, then you can say I do not have good quality air,
something needs to be done.
Mines use environmental controls to get good quality air
into the areas where the miners are working. It could be a
matter of changing the way the curtains are aligned or
increasing the amount of air flow into that particular area. It
would reduce the miners' exposure to excess respirable dust
immediately.
Ms. Wilson. Mr. Watzman, you suggested that MSHA was not
cooperating with the industry, and that you had some complaints
about the continuous personal dust monitor and the possible
interference caused by rock dust. Can you elaborate on that for
me so I understand exactly what you mean?
Mr. Watzman. Yes, I can. Let me state first that we were
involved in the development of the CPDM. We support it. We
supported the development. We support its application and use.
We have to make sure that we are not substituting one
problem for another. There is little confidence in the
technology that is used today, the gravimetric sampler. We need
to make sure the results from the CPDM are accurate, and that
is what is lacking today.
When we are sampling, rock dust becomes entrained in the
air, and the dust sampler is picking up both rock dust and
inert dust, and we did a search and could not find any health
studies that indicated any adverse health outcomes related to
rock dust exposure.
Ms. Wilson. I do not want to run out of time. We have a
letter from the Assistant Secretary of Labor for Mine Safety
and Health, and he says he is working with you and in
collaboration with the mining industry to conduct in-mine
evaluations to identify and apply best practices for managing
rock dusting and dust sampling.
Mr. Watzman. We wish them well on that.
Ms. Wilson. Let's hope that is taking place and you have
the opportunity to experience that.
Mr. Watzman. It may be taking place episodically at
individual mines, but I can tell you that it is not taking
place with the industry as a whole, to the degree that we
conducted our own sampling and provided the results to the
agency, and have yet to have a response from the agency in
terms of meeting with us to discuss the results we presented.
Chairman Walberg. The gentlelady's time is expired. We will
move on.
Ms. Wilson. We do have a response. Perhaps it just has not
gotten to you.
Chairman Walberg. We look forward that all responses go to
the right sources and we take appropriate action and save
miners and an industry as well.
I now recognize the gentlelady from New York, Ms. Stefanik.
Ms. Stefanik. Thank you, Mr. Chairman. This question is for
Mr. Watzman and Dr. Kohler. When I visited Nyco Minerals in my
District, which is one of the few mines in the world that
produces wollastonite, a mineral with wide commercial use for
ceramics, brakes, clutches, and plastics, it was clear to me
that we need to do more to support the workers that help keep
our nation's global competitive edge.
What can be done in your opinion to strike that intelligent
balance between protecting these workers and making sure we do
not curb further economic growth by stifling these companies
with litigious regulations? I will start with you, Mr. Watzman.
Mr. Watzman. I think it goes back to what we have touched
upon on so many occasions here, and that is creating a
cooperative environment where we and the agency sit down and
address problems rather than going to our respective corners.
Mining is a very tough business and it is a very
challenging business today. I look at the coal industry where
the number of mines since 2011 has dropped by 18 percent. The
number of mines in this country has dropped overall in that
same period by 4 percent. Yet, MSHA is getting more resources
and is refusing to change the way they conduct their business.
I think we all honestly have to ask ourselves the question
is the old model working. We have been under the Mine Act for
46 years. We have made phenomenal progress as an industry
working with our workforce, working with regulators, but after
46 years of one model, should we not be better than we are?
That is really what drove us to CORESafety, to look outside
the box, to look for a different model that is not enforcement
oriented, but is proactive rather than reactive, identifying
risks at the outset and engineering those to the degree you can
out of the work environment to better protect our workers.
Ms. Stefanik. Dr. Kohler?
Dr. Kohler. I would say two things. First of all, I think
that sitting down and talking, a partnership, is critical. The
toughest problems we faced in mine safety and health in the
past 15 years were best solved when industry, organized labor,
MSHA, NIOSH, manufacturers, all came together, rolled up their
sleeves and tried to solve the problems. I think we have to
have that kind of partnership.
Secondly, I fully support this idea of health and safety
management systems, whether we call it CORESafety, which the
NMA has rolled out, or implementation of VPP, I understand
there are good and bad parts, there are good and bad actors.
It might be appropriate for an august body like the
National Academies to actually resolve that question and
provide guidance on how we can implement that fully.
Ms. Stefanik. Thank you. My next question is for Mr.
Elliott. Following up on concerns for maintaining worker
safety, one mine safety group in my district raised concerns
that workers have become increasingly concerned with being held
personally liable for accidental non-compliance. It is my
understanding and you shared today that over the last few
years, the number of citations given at mines has increased
greatly.
How do we ensure worker safety and maintain an appropriate
oversight system while also reforming the current challenges
with this burdensome citation policy?
Mr. Elliott. That is a heck of a question. If I could do
that, I would probably be in Congress.
Really, when we look at the circumstances around trying to
look for people to come in this industry, it is tough today. It
is hot, it is cold, it is dirty, it is muddy, all those things
are involved.
Like Mr. Watzman said about the approach of the agency,
from maybe many, many years ago, when the Mine Act first took
effect, there was methods that were successful at that time.
I think today, we are in the twenty-first century, and we
need to get greater efficiency to reach the root issues that
are affecting the mining environment. Generations change. My
generation is slowly but surely leaving the industry. Younger
people are coming in who are more dynamic and more concerned
about their safety.
I think the agency has to look at ways to change to meet
the changing demographics of mining.
Ms. Stefanik. Thank you very much. I yield back.
Chairman Walberg. I thank the gentlelady. I now recognize
the gentleman from Wisconsin, Mr. Pocan.
Mr. Pocan. Thank you, Mr. Chairman. Mr. Wright, I am going
to go back to a question that Mr. Rokita asked you because I
think you got cut off a little bit. You mentioned there were
positives and negatives to the VPP. If there are any more
positives you want to mention or any negatives, now is your
chance.
Mr. Wright. I would like to mention some of the negatives.
The program started out, I think, very usefully, but in the
last administration in particular, the metric for its success
as the administration saw it was how many companies they could
get into VPP. We saw company after company that really did not
deserve to be there.
One of the things that sort of taught us that was we saw a
lot of fatalities happening in VPP companies. We went back and
looked at what caused the fatality, and it was really in some
cases non-compliance with standards, and in other places, it
was a real failure to find and fix hazards that should have
been obvious. Those companies should never have been in VPP.
In addition, we think what drives companies into VPP--what
drives voluntary compliance in general--is a strong enforcement
program. We generally supported the program, but we did not
support and would not support taking resources away from
enforcement and putting them into VPP.
Enforcement--there are just too many hazards out there. We
see too many violations of law. Even with the 4s and 2s, we
still see people dying in mines from hazards that went
unrecognized, from hazards that may have been recognized by the
company but they did nothing about it, and from things that may
not be covered by the standards but are nevertheless very
serious problems.
Enforcement is what drives voluntary compliance. We cannot
cut that back. VPP might be fine but not at the expense of a
strong enforcement program.
Mr. Pocan. Thank you. Mr. Watzman, you looked like you
wanted to respond when Mr. Sanders was talking about why we are
at levels back to the early 1970s with black lung. I just
wanted to give you the chance. You had that look on your face.
Mr. Watzman. Well, I appreciate that opportunity. I have
said before, there is a problem in the industry with black
lung, but it is not the problem that has been characterized in
the public domain. It is not the problem that has been
characterized by the agency. It is a geographic problem in a
small area.
What I do is I go back to the NIOSH x-ray surveillance
program data. NIOSH conducts an x-ray surveillance program.
They take their van around the country, and they examine miners
who want to voluntarily participate. We wanted it to be
mandatory, but it is still voluntary.
When I look at Utah, for example, they conducted 500
examinations. They expected the rate of black lung to be 4
percent, the rate was zero. In Illinois, they expected it to be
4 percent, it was one. In Indiana, they expected it to be 4
percent, it was one. In Maryland, they expected it to be three,
and it was zero.
Mr. Pocan. Mr. Watzman, just for time reasons, that is the
main point?
Mr. Watzman. It is not the problem that has been
characterized is the point I want to make.
Mr. Pocan. I assume you would agree this is not a fair
characterization either. In a recent phone call released during
the criminal trial of former CEO of Massey Energy, Don
Blankenship, he said that--these are his words--``Black lung is
not an issue in this industry, that it is not worth the effort
that they,'' meaning MSHA, ``puts into it.'' I assume you do
not agree with that statement.
Mr. Watzman. As I have said before, there is a problem but
it is not the problem that has been characterized.
Mr. Pocan. You do not agree with that statement?
Mr. Watzman. I do not.
Mr. Pocan. Thank you. Mr. Wright, in the remaining very
little time I have left, there has been some talk about
removing stone quarries from coverage under the Mine Act,
putting them under OSHA. We had a hearing recently on OSHA,
they can inspect one site every 140 years, if they get around
to everything.
Can you just talk a little bit about why that might be a
problem?
Mr. Wright. I will just give you one sentence, this is
actually two sentences. Last year, we had 15 deaths. I am
sorry. This year so far, we have had 15 deaths in metal and
non-metal mines. Nine of them have been in stone, sand, and
gravel.
Mr. Pocan. Thank you. I yield back.
Chairman Walberg. I thank the gentleman. I recognize the
gentleman from Pennsylvania, Mr. Thompson.
Mr. Thompson. Thank you, Chairman. I apologize for stepping
out of the Committee meeting, but I was talking about coal
while I was there.
Chairman Walberg. Good for you.
Mr. Thompson. And the export of some great coal that I
think is mined in Mr. Cartwright's district that we export.
Thanks for having this hearing. It is an incredibly
important hearing for me personally. My grandfather was a coal
miner, surface miner, but had black lung, diagnosed with black
lung.
I will just put a plug in for advocacy when folks are
trying to advocate for whatever they are pursuing from a
Federal perspective, use your members of Congress as advocates
as well when you are looking at programs like that.
Dr. Kohler, it is always great to have someone here from
home, we are proud of your leadership and the work that you do
at Penn State and for mining and preparing mining engineers.
The first question is for you. I apologize if this has been
covered already. It has to do with the use of the refuge
alternatives in the event that a miner cannot leave in an
emergency. These alternatives are supplied with food, water,
breathable air, and have been required since 2009. Based on
NIOSH concerns, MSHA has issued a request for information
related to the use of refuge chambers.
Can you discuss the concerns about refuge alternatives in
underground coal mines?
Dr. Kohler. Yes. The specific concern with respect to the
mobile alternatives is in principle, it is a great idea, but
given the spatial constraints in an underground coal mine,
given the requirements, the time period in which they need to
remain functional, given the complexity it takes to understand
how to deploy these systems, and given a number of engineering
problems that have surfaced over the last five or six years, it
is clear that this technology, despite the best efforts of
manufacturers, MSHA, NIOSH, and everyone else, is simply not
making it. That is the reason why miners have no confidence in
it at all.
We have better alternatives out there. We need to get on
with that. While it is true that the in-place shelter, for
example, will not work in every single mine, and in some cases,
there are distance concerns, it would serve a majority of
miners, unlike the current technology.
Mr. Thompson. Mining engineering obviously is a highly
technical specialty and there is a great need for mining
engineers in the United States. How can the industry and
government attract students to that profession?
Dr. Kohler. The greatest deterrent to students moving into
the profession is the public image that the industry has. Most
people do not realize how modern mining has become and in most
regards, environmentally sustainable, responsible from a safety
and health perspective. Most people do not understand the value
of mine products in the economy. They do not understand that 15
percent of our gross national product is tied to mining.
To the extent that the industry can do a better job of
marketing itself, and we like to say, we do not often have to
convince the kids to come into mining, it is their mothers that
present the real challenge.
Mr. Thompson. Thank you. Mr. Watzman, over the last 10
years, the number of coal mines operating in the country
obviously has been sharply reduced. We have sadly watched that
occur, as really the coal industry has been under attack.
How many coal mine inspectors does MSHA currently employ,
and what have the mine operators seen as a result of having
fewer mines but the same number of inspectors.
I would also like you to reflect on--I have an MSHA unit in
my district. They are great people. I have gone early morning's
before they go out, so it is a real early start. Some of the
things I have heard from the individuals in the coal mines is
some of the new ones coming on just do not have practical
experience. They have a great education.
Any reflection on how the experience as we have attrition
have lost people who have actually worked in mining that have
gone on to become inspectors, and now sometimes we do not have
that practical experience today.
Mr. Watzman. Let me start with your first question. I do
not know the exact number, but I believe MSHA has approximately
700, give or take a few, coal mine inspectors. That number has
remained pretty constant for the last number of years, even
though the number of coal mines has dropped precipitously.
What that means is you have a greater presence of MSHA
inspectors at the mines that remain operating in those
districts. Let's be clear. When MSHA is on-site, that involves
management as well. That takes away from their normal safety
activities because they accompany MSHA as they go through the
mines.
There is a detrimental effect to a degree from the
perspective of how companies manage safety at the operations.
As I said in my testimony, it is not uncommon today in some
of the mines, especially in Appalachian, to have four, five,
six MSHA inspectors on-site every day the mine is operating.
That is a dramatic change from what we saw in the past.
You are right. As the generation has changed, inspectors
who were better seasoned--this will change over time as this
generation learns more about what they are doing--we are seeing
things that were not cited in the past, that are being
interpreted differently by this generation as they come out of
the Academy. What they have learned is they have learned the
book. That is what they follow. They follow 30 CFR. That is
their gospel, if you will.
We have seen that dynamic change. Hopefully, with time, as
these individuals become more experienced, we will see the
pendulum swing more back towards the middle.
Chairman Walberg. I thank the gentleman. The gentleman's
time has expired. I now recognize, staying with Pennsylvania,
the gentleman from Pennsylvania, Mr. Cartwright.
Mr. Cartwright. Thank you, Mr. Chairman. I thank you for
having me here in the subcommittee. I also want to recognize
Mr. Thompson, thank you for having me as well. Thank you also
for sharing that, it was your grandfather that had black lung.
I have an awful lot of black lung sufferers and recipients
in my District. We can argue about the prevalence level, you
know, the amount of black lung that is out there, but nobody
would disagree that we want to make the process fair, and thank
you for nodding in agreement, Mr. Watzman. I appreciate that.
I am moving this microphone as far away as I can.
Chairman Walberg. It may be black lung in the system. I am
not sure.
Mr. Cartwright. Mr. Sanders, a Pulitzer Prize winning
investigation by the Center for Public Integrity found that
doctors at Johns Hopkins who were hired to help coal companies
fight black lung disease----
Chairman Walberg. I wish we were more accommodating to a
member who joins this Committee. My apologies. We are not
taking your time away for that.
Mr. Cartwright. Thank you. I appreciate that, Mr. Chairman.
This Pulitzer Prize winning study found that doctors at Johns
Hopkins in Baltimore who were hired to help coal companies
fight against black lung claims have systematically
misdiagnosed miners with black lung as having other non-
compensable diseases, thus preventing those miners from
accessing benefits.
It is not a funny situation. The report found that more
than 1,500 black lung claims since the year 2000 were handled--
--
Chairman Walberg. If you would like to join us up here, we
have not had that problem. Let's try that. I know it can be
irritating when you have that going in your own ear. This makes
us wish for our new Committee chambers, right?
Mr. Cartwright. My first day and I get to be on the upper
dais, pretty good.
Chairman Walberg. This is a great subcommittee.
Mr. Cartwright. Thank you, Mr. Chair. We are talking about
Johns Hopkins and how they had a doctor who misdiagnosed black
lung disease. His name was Dr. Paul Wheeler. The investigation
revealed that in more than 1,500 black lung claims since the
year 2000, Wheeler had never once in more than 3,400 x-ray
readings interpreted an x-ray as positive for complicated black
lung, a condition that would presumptively entitle somebody to
black lung benefits, but many other doctors in autopsy results
revealed the presence of the disease.
In response to this Pulitzer Prize winning investigation,
Johns Hopkins suspended the program to their credit.
My question to you is what should be done to remedy this
situation for miners or their survivors? Mr. Sanders?
Mr. Sanders. I think that the miners or survivors whose
claims contained evidence from Dr. Wheeler or the other
radiologists at Johns Hopkins should be reviewed. That is they
should have an opportunity to have their case readjudicated
without the questionable evidence.
Mr. Cartwright. Even more troubling to me, Dr. Wheeler was
certified by NIOSH to classify lung x-ray readings. He had to
pass a rigorous test and become a so-called ``B Reader.'' You
are familiar with that term?
Mr. Sanders. Yes.
Mr. Cartwright. He had to be re-tested every four years,
and he apparently read the x-rays correctly on the NIOSH test,
but he chose to under read x-rays in litigation. What should be
done about that?
Mr. Sanders. That is a very difficult question. NIOSH has
operated the B Reader program as a way of classifying x-rays in
what is called the ILO system for pneumoconiosis for some time.
It is supposed to provide us with a good quality reading, not
just for evidence purposes in black lung benefits claims, but
actually it is useful for epidemiological studies.
I think there needs to be some type of a quality assurance
program, and NIOSH has to investigate questionable B Reader
practices, and suspend or terminate the person's B Reader
status as a result of their investigation. They have to have
that authority.
Mr. Cartwright. That makes sense. Mr. Sanders, this
investigative series also revealed something that was even
maybe more disappointing. It showed that coal company lawyers
withheld medical evidence from claimants and their counsel
where evidence proved that the miners had black lung.
My question for you: is it true that coal companies have
fought claims by cherry picking medical reports to support
their defensive claims and withholding medical reports that
would corroborate the presence of compensable black lung
disease?
Mr. Sanders. That is true. In the written materials, I
discussed the case of Gary Fox, and if you look, it is a
reported decision from the Court of Appeals. If you look at the
facts of that case, it corroborates it, absolutely, not only
did they withhold evidence from the adjudicator, but they
cherry picked the evidence that they sent to pulmonary
specialists. Then when they got the report from the pulmonary
specialists, they submitted that as evidence. They really had
skewed the record in Mr. Fox's case, and it has happened in
other cases. Hopefully, it is not very common.
Mr. Cartwright. Mr. Sanders, the GAO, the Government
Accountability Office, has reported that many black lung
claimants are without the necessary medical and legal resources
to secure benefits, and you have discussed that here today.
Given the adversarial nature of black lung proceedings, DOL
says only 30 percent of miners have legal representative where
they file a claim. The coal companies always have lawyers, do
they not?
Mr. Sanders. Yes, they do.
Mr. Cartwright. Why are so few miners represented by
counsel? Are there obstacles beyond the ones you have already
discussed to securing legal representation?
Mr. Sanders. You know, there is a limited number of
attorneys frankly that are willing to take these kinds of cases
on. I am pretty familiar with most of the ones that are in the
region of the country that I live in. They are just not very
many of us.
Mr. Cartwright. Let me ask you this. I filed--I am the
author last month of the Black Lung Benefits Improvement Act of
2015, and I am proud to say I have original co-sponsors,
Ranking Member Wilson and Representative Scott, on the bill.
Are you familiar with that bill?
Mr. Sanders. I am.
Mr. Cartwright. Do you believe it remedies many of the
situations you and I have been discussing here today?
Mr. Sanders. I do. Earlier, we talked particularly about
representation, the opportunity for an attorney if they are
representing a claimant to get compensation for their time
during the course of the adjudication. I think that would be
very helpful.
I think also the opportunity to get reimbursement for
medical expenses so you could better develop the evidence that
proved the claimant is entitled to black lung benefits. I think
those are very important provisions.
Mr. Cartwright. I thank Mr. Sanders, and thank you, Mr.
Chairman. I am sorry I broke your PA system. I yield back.
Chairman Walberg. We will find an attorney.
Thank you for participating, and thank you to the panel,
appreciate the work all of you do for the industry, for
individuals, for the economy, and all that goes with it.
Now we have time for closing, and I recognize the Ranking
Member, Ms. Wilson, for her closing comments.
Ms. Wilson. First of all, I would like to thank the
witnesses for being here today. I would like to thank Chairman
Walberg for holding this hearing. I appreciate the conversation
from the members of the Committee.
This is very emotional for me. I just cannot even imagine,
in fact, I am planning a trip to a mine, because I want to see.
I am from Miami, Florida. I have never experienced this.
In the recent news, we have heard some questions about
whether black lung disease is worth MSHA's efforts.
One cannot possibly look at the steep rise in the rates of
the disease and conclude black lung is not worth MSHA's
efforts. One cannot hear Steve Day's heart breaking story and
stories of other men and women who have suffered from this
incurable disease and conclude black lung is not worth MSHA's
efforts.
One cannot think about Steve Day's widow and the thousands
of widows she represents and conclude black lung is not worth
MSHA's efforts.
Mining is one of the most dangerous jobs in America, and
the men and women who take on this work deserve MSHA's reasoned
efforts to protect them against this horrible disease. Black
lung disease is man-made, and we have the power to end it.
More than a year after MSHA's new respirable dust standards
went into effect, sampling results showed that coal operators
are complying with the rule and miners are better protected.
The upcoming phases of the rule do even more to protect miners.
Most coal operators are deeply committed to the health of
their employees and recognize their responsibility to care for
those former employees with the disease. Unfortunately, some
coal operators refuse to live up to that responsibility,
choosing instead to use the medical and legal system to deny
miners their deserved benefits.
Steve Day's story brings to life the heart breaking
consequences of unfair tactics designed to release coal mine
operators of their responsibility to afflicted miners.
I thank the witnesses again today for being here and
helping us better understand the obstacles claimants face in
securing their benefits. We have to do better.
Mr. Chairman, I know that you are just as committed as I am
to protecting miners' health. I hope we can find common ground
and work to pass provisions in the Black Lung Benefits
Improvement Act.
I also want to thank the witnesses for their discussion on
the legislative reforms needed to improve the Mine Act. As
mentioned during our April meeting, I hope we can work together
on needed improvements to the Mine Act. Thank you, and I yield
back.
Chairman Walberg. I thank the gentlelady. I appreciate
those remarks. I think we do certainly agree that this is an
industry across the board, whether it be coal mining--I had the
privilege of going down into underground mining operators on
several occasions, including once with Mr. Main. In fact, we
drove past his house, boyhood home, on the way to that mine. We
saw families who have had their lives affected in a positive
way from having mining operations there for generations, and a
continuous operation.
We also have had the opportunity to meet miner families who
have now lost their occupation. There is that challenge we have
as well.
I have had the opportunity to be in surface mining
operations in North Dakota, in the Upper Peninsula of Michigan,
with coal, with metallic/non-metallic mines, also to be under
the City of Detroit in its salt mines, a totally different
operation, with gas powered Gators running around in that mine,
not like you would find in a coal mine.
It is a diverse industry, and it is an industry that needs
to work cooperatively with the regulator, but vice versa as
well. There has to be a partnership. I do not know how in the
world it can be moved forward in safety factors as well as the
continuity needed for providing a secure industry without a
partnership relationship, that a regulator looks to the best
practices of the industry, and the industry makes sure its
operations with as much as possible compliance from everyone in
the industry, works together and to ferret out the bad actors,
that thankfully are far and few between.
When we look back at the impact of Upper Big Branch, for
instance, and now the industry that has taken over that and is
struggling with the economy because of the challenges brought
on by a bad actor, we need to make sure that we do not just
step in with regulation, but we do it right.
That is what I think this testimony has given today from
all sides of the ledger to help us as we move forward, but move
forward with a purpose in mind, individuals, miners, families,
and operators remain as the central focus for success in the
industry, and ultimately success for what they produce in the
lives of the rest of us.
Thanks again for the Committee members, the staff, as well
as those who have given testimony today for making this, I
believe, a valuable hearing.
There being no further agenda for the Committee, with the
bit in hand, I declare it adjourned.
[Additional submission by Mr. Watzman follows:]
[Additional submission by Ms. Wilson follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[Whereupon, at 11:45 a.m., the subcommittee was adjourned.]
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