[Congressional Record Volume 146, Number 115 (Monday, September 25, 2000)]
[Senate]
[Page S9184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       APPROVAL OF CONVENTION 176

  Mr. BYRD. Mr. President, last week the Senate unanimously approved 
for ratification the International Labor Organization Convention 176 on 
mine safety and health. I thank the Chairman of the Foreign Relations 
Committee, the distinguished Senator from North Carolina, for his 
committee's efforts in expeditiously approving this convention. I also 
thank the mining state senators from New Mexico, Pennsylvania, Montana, 
Kentucky, Nevada, Idaho, and my own West Virginia, who joined me in 
championing this convention.
  Coal mining has long been recognized as one of the most dangerous 
occupations in the world. In the United States, the frequency and 
magnitude of coal mining disasters and intolerable working conditions 
in the 19th century created a public furor for mine health and safety 
laws. The Pennsylvania legislature was the first to pass significant 
mine safety legislation in 1870, which was later followed by the first 
federal mine safety law that was passed by Congress in 1891. Over the 
years, these state and federal laws were combined into what are today 
the most comprehensive mine safety and health standards in the world. 
Since the beginning of the 20th century, mine-related deaths have 
decreased from 3,242 deaths in 1907, the highest mining fatality rate 
ever recorded in the United States, to 80 deaths in 1998, the lowest 
mining fatality rate ever recorded in the United States.
  These numbers stand in stark contrast to the recorded fatalities in 
other parts of the world. In China, for example, the government 
recently reported 2,730 mining fatalities in the first six months of 
this year. That is more than thirty times the number of fatalities 
recorded in the United States for all of 1999. And, this number does 
not even include metal and nonmetal mining fatalities in China.
  Many countries in the world have national laws specific to mine 
safety and health. Yet, in most of these countries, the laws are often 
times inadequate. In many South American and Asian countries, national 
laws have not kept pace with the introduction of new mining equipment, 
such as long-wall mining machines and large surface mining equipment, 
which create new hazards for miners. Similarly, many of these countries 
do not require employers to inform miners of workplace hazards or allow 
for workers to refuse work because of dangerous conditions without fear 
of penalties. What is worse is that even if these countries do have 
adequate laws, in most cases, the inexperience and limited resources of 
their mine inspectors often means that egregious violations by foreign 
coal companies are never penalized, encouraging repeat violations.
  As a result, miners in developing countries are exposed to risks and 
hazards that claim up to 15,000 lives each year. Severe mine disasters 
involving large loss of life continue to occur throughout Europe, 
Africa and Asia. The most recent accident to gain worldwide attention 
occurred in Ukraine in March of this year, when 80 miners were killed 
after a methane gas explosion because of an improperly ventilated air 
shaft.

  The United States competes against these countries with notoriously 
low mine safety standards in the global energy market. However, the 
disparity in mine safety and health standards with which foreign and 
domestic coal companies must comply, places U.S. coal companies at a 
disadvantage by allowing foreign coal companies to export coal at a 
cheaper cost. This has contributed to a decrease in U.S. coal exports 
in the global energy market. According to the Department of Energy, 
U.S. coal exports to Europe and Asia have decreased from 78 million 
tons to 63 million tons between 1998 and 1999. The Administration 
projects that U.S. coal exports will continue to decrease to 
approximately 58 million tons by 2020. This reduction in coal exports 
falls on an industry that is already experiencing a steady decrease in 
the number of active coal mining operations and employment in the 
United States. Faced with strong competition from other coal exporting 
countries and limited growth in import demand from Europe and Asia, the 
United States needs to level the playing field as much as possible with 
its foreign competitors, and should encourage foreign governments to 
adopt safety and health standards similar to those in the United 
States.
  Accordingly, representatives from the National Mining Association, 
the United Mine Workers of America, and the Mine Safety and Health 
Administration helped to draft a treaty in 1995 that would establish 
minimum mine safety and health standards for the international 
community. This treaty was based on the federal mine safety and health 
laws in the United States. Convention 176 was adopted by the General 
Conference of the International Labor Organization in 1995, and would 
designate that a competent authority monitor and regulate safety and 
health in mines and require foreign coal companies to comply with 
national safety and health laws. It would also encourage cooperation 
between employers and employees to promote safety and health in mines.
  By encouraging other countries to ratify Convention 176, the United 
States can increase the competitiveness of U.S. coal prices in the 
global market place, while, at the same time, increasing protections 
for miners in all parts of the world. In addition, the United States 
can build a new market for itself where it can provide training and 
superior mine safety equipment to nations struggling to increase their 
mine safety standards.
  The United States prides itself on having the safest mines in the 
world, while, at the same time, remaining a competitive force in the 
global energy market. This convention embraces the belief that other 
countries would do well to follow the U.S. example. I support this 
convention, and applaud the Senate for its approval.

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