[Congressional Record Volume 157, Number 142 (Thursday, September 22, 2011)]
[Extensions of Remarks]
[Pages E1683-E1684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   IN RECOGNITION OF THE 10TH ANNIVERSARY OF THE DISASTER AT THE JIM 
                        WALTER RESOURCES #5 MINE

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                      Thursday, September 22, 2011

  Mr. GEORGE MILLER of California. Mr. Speaker, ten years ago, on 
September 23, 2001, 13 brave miners lost their lives in two mine 
explosions in the depths of the Jim Walter Resources, JWR, #5 Mine, 
which is located approximately two miles from Brookwood, Alabama.
  This mine is located in the deepest and most gas laden coal mine seam 
in the United States, some 2,100 feet below ground. The miners are 
represented by the United Mine Worker of America, who conducted a 
thorough investigation and report on this tragedy.
  Four miners were building wooden cribs to fix a badly supported mine 
roof, when the roof collapsed nearby. Shortly thereafter, there was an 
explosion that injured these four miners. The roof fall occurred on top 
of a large six-ton, 64-volt scoop battery that was suspended from the 
mine roof in a track entry. The battery was connected to a battery 
charger, according to reports. The first explosion was likely caused by 
the scoop battery, which was damaged and short circuited, igniting 
methane that had become trapped due to the lack of adequate ventilation 
caused by the roof fall.
  A chaotic emergency response followed and miners tried to assist 
those who were injured. About 55 minutes after the first explosion, a 
larger and more violent explosion rocked throughout the mine, and 13 
miners were killed--12 rescuers and one miner who had been hurt and 
unable to move after the initial explosion. The second explosion was, 
according to reports, fueled by methane and float coal dust. This 
explosion took the lives of Gaston Adams, Jr., Raymond Ashworth, Nelson 
Banks, David Blevins, Clarence ``Bit''

[[Page E1684]]

Boyd, Wendell Johnson, John Knox, Dennis Mobley, Charles Nail, Joe 
Riggs, Charles Smith, Joe Sorah and Terry Stewart.
  Rescue and recovery was difficult, since the ventilation controls 
were destroyed. It took seven weeks--until early November--until teams 
could recover 12 of the victims. It took eight months to rehabilitate 
the mine so it was safe enough to resume operations.
  At the time of this mine disaster, the Nation's attention was focused 
the events of 9/11, which had occurred only two weeks earlier. As such, 
no mining law changes followed.
  Five years after the JWR #5 disaster, a series of tragedies at Sago, 
Aracoma Alma and Darby spurred enactment of the MINER Act. The law 
largely focused on improvements to post-accident emergency response, 
and mandates for operators to provide tracking, communications and 
shelters. Had Congress acted in a timely way after the JWR #5 disaster, 
it is likely that other miners' lives could have been saved.
  Important mine law changes have yet to be mandated by Congress from 
the JWR #5 disaster that should be acted upon.
  For example, the National Institute for Occupational Safety and 
Health has developed coal dust explosivity meters, which can give 
miners real time information on the presence of explosive coal dust--a 
substance ten times as explosive as methane--and can signal whether 
additional rock dust is needed to prevent mine explosions. The Robert 
C. Byrd Miner Safety and Health Act, which was introduced in 2010 but 
was not enacted, mandates that mine operators use coal dust explosivity 
meters as a way to assure more timely compliance with rock dusting 
requirements.
  Independent investigations of major mine tragedies are needed to 
assure there is no conflict of interest involving questions about the 
adequacy of mine safety oversight and the performance of state and 
federal regulators. The Byrd bill contained a requirement for 
independent investigations.
  Battery chargers, which ventilate explosive gases such as hydrogen, 
need to be directly vented to the returns in mines so that they cannot 
ignite fires. Roof control plans need to assure that areas around 
battery chargers have robust roof support.
  As the senior Democratic Member on the Committee on Education and the 
Workforce, I strongly urge Congress to follow up on the lessons from 
the JWR #5 mine disaster, as well as the Upper Big Branch Mine 
disaster, which took the lives of 29 miners on April 5, 2010. Miners' 
blood should not be spilled in vain. Continued inaction by Congress on 
matters of the health and safety our Nation's miners is simply 
inexcusable.

                          ____________________