[Congressional Record Volume 159, Number 57 (Wednesday, April 24, 2013)]
[Senate]
[Pages S2963-S2965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself, Mr. Manchin, Mr. Harkin, and 
        Mrs. Murray):
  S. 805. A bill to improve compliance with mine and occupational 
safety and health laws, and empower workers to raise safety concerns, 
prevent future mine and other workplace tragedies, and establish rights 
of families of victims of workplace accidents, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today to discuss mine safety, 
a critical issue to my state and the tens of thousands of miners across 
the Nation.
  Earlier this month we observed the third anniversary of the Upper Big 
Branch mine disaster which killed twenty nine of our Nation's miners. 
That disaster, the most deadly in decades, shocked the country and made 
us realize that we must aggressively and continually seek to make 
mining safer and we cannot rest--because no number of deaths or 
accidents is acceptable.
  In the past 3 years we have seen some positive steps in our Nation's 
mine safety efforts.
  As part of the Dodd-Frank bill we required publicly-traded mining 
companies to report safety information to their shareholders through 
their public filings with the Securities and Exchange Commission.
  Congress provided additional funds, $22 million, for MSHA and the 
Federal Mine Safety and Health Review Commission to reduce the appeals 
backlog, enforce mine safety laws and investigate the Upper Big Branch 
Disaster.
  MSHA has also pursued increased enforcement actions through their 
impact inspections that target violations at unsafe mines with poor 
compliance history or specific safety concerns. As of March 2013, the 
Administration had conducted 579 impact inspections, resulting in 
10,036 citations, 946 orders, and 43 safeguards.
  The administration has finalized rules to improve the broken 
``Pattern

[[Page S2964]]

of Violations'' process to better pursue repeat offenders.
  While we have had these improvements we also know that 97 miners have 
died on the job since this tragedy. That is 97 new grieving families. 
That is unacceptable to me, and I think to most people.
  So it is clear that we must do more.
  That is why today I am reintroducing my comprehensive mine safety 
legislation the Robert C. Byrd Mine and Workplace Safety and Health Act 
of 2013. We do incredibly important things in this bill including.
  We give MSHA expanded authority to subpoena documents and testimony. 
Currently, MSHA does not have the authority to subpoena documents or 
testimony from operators outside the context of a formal, public 
hearing. MSHA should have this authority in the context of 
investigations and inspections as well as public hearings.
  We provide for an independent investigation of the most serious 
accidents. The bill creates an independent panel, comprised of a team 
of independent experts, to investigate the actions of both the operator 
and MSHA for serious accidents, including any accident involving three 
or more deaths.
  We strengthen whistleblower protections for miners who speak out 
about unsafe conditions. This bill will require one hour annually of 
``miner's rights training'' to inform workers of the law's protections, 
give miners an express right to refuse unsafe work, expand the time 
limit for filing a complaint about retaliation from 60 to 180 days, and 
authorize punitive damages and criminal penalties for retaliation 
against workers who raise safety concerns.
  We increase maximum penalties. Currently, criminal violations of mine 
safety laws are a misdemeanor for a first offense. To provide a strong 
deterrent for such serious misconduct, the penalties for knowing 
violations of safety standards will be raised to the felony level, 
including providing felony penalties for miners, operators, and 
government officials who knowingly provide advance notice of 
inspections.
  We also increase civil penalties for making unsafe ventilation 
changes and violating mandatory health or safety standards for rock 
dusting or failing to keep the records required. These are areas of 
particular concern that were highlighted by investigations conducted by 
the Mine Safety and Health Administration, the United Mine Workers of 
America, and the Governor's Independent Investigation.
  We limit Miners' Exposure to Black Lung Disease. This debilitating 
disease is on the rise among a new generation of coal miners. 
Specifically, the provision would require that MSHA issue a rule within 
6 months, a rule that is long overdue, to lower exposure levels to 
respirable dust which would provide the maximum feasible protection 
that is achievable through environmental controls. It would also 
require that MSHA reexamine the incidence of black lung disease every 5 
years and, unless there is a decline in black lung, update the 
regulations again. More than 70 percent of the victims tested at Upper 
Big Branch were determined to have signs of black lung disease.
  We improve Federal and State Coordination to Combat Safety 
Violations. The Governor's Independent Investigation Panel recommended 
that Federal and State agencies immediately work together to address 
safety problems at mines right after they are found out, and this 
provision would strongly encourage such actions.
  I want to be very clear that I will not give up on fighting for the 
safety and health of our Nation's miners. Health and safety are issues 
that people shouldn't have to compromise on. I will continue this fight 
for West Virginia's miners and it is my hope that more of my colleagues 
will join me in these efforts.
  Mr. HARKIN. Mr. President, I strongly support the Robert C. Byrd Mine 
and Workplace Safety Act. This bill brings the Nation's mine health and 
safety laws up to date, gives mine safety officials the ability to 
effectively investigate and shut down habitually dangerous mines, and 
holds mine operators accountable for putting their workers in 
unnecessary danger.
  It has been over 3 years since April 5, 2010, when a massive 
explosion ripped through Massey Energy's Upper Big Branch Mine in West 
Virginia, tragically killing 29 miners. As the son of a coal miner, I 
continue to feel these losses very deeply, on a very personal level. My 
heart goes out to the family and coworkers of every worker who is 
killed or injured on the job. Too many of these tragedies are 
preventable, and we should not rest until the day comes when no hard-
working American has to sacrifice his or her life for a paycheck.
  The Upper Big Branch catastrophe spurred numerous investigations, and 
the resulting reports have yielded insight into specific ways that the 
government can act to improve the health and safety of our Nation's 
miners. Under the leadership of Joe Main, the Mine and Safety Health 
Administration has already taken many such important steps. One of 
their bold new safety initiatives that flowed from the Upper Big Branch 
explosion was to overhaul the ``pattern of violations'' process, which 
targets the worst actors in the mining industry. The pattern of 
violations regulation addresses a root cause of the Upper Big Branch 
disaster by strengthening worker protections at mines where operators 
are repeatedly and flagrantly disregarding safety rules. It is a 
substantial step forward that will help address the problems at our 
most dangerous mines before disaster strikes. And MSHA has made similar 
progress on other recommendations stemming from the Upper Big Branch 
disaster. Indeed, according to a March 31, 2013, report from the Labor 
Department's Office of Inspector General, MSHA has already implemented 
or is on track to timely address all of the 100 recommendations with 
deadlines from the investigative teams that studied the Upper Big 
Branch explosion.
  I applaud these efforts wholeheartedly, and I am pleased to mark our 
Nation's progress in mine safety reform. On-the-job deaths of miners 
reached a record low in 2012 of 35. But 35 deaths means 35 brothers, 
sons, uncles, and fathers were stolen away from their families last 
year--a number that is still far too high. Catastrophes like the Upper 
Big Branch explosion make it clear that our work here is unfinished.
  To prevent yet another disaster and more unnecessary deaths, Congress 
must do its part. It is time for the Senate to take action and ensure 
that a disaster like the Upper Big Branch explosion will never happen 
again. We need to strengthen the oversight system for the most 
dangerous mines, fortify penalties for operators who willfully put 
miners at risk, and make sure miners are protected if they raise safety 
concerns. And that is why I strongly support the Robert C. Byrd Mine 
and Workplace Safety Act of 2013. This bill is an important step in 
making good on an obligation we have to health and safety of our 
courageous miners and their families.
  This bill stands for some fundamental principles I believe are shared 
by all Americans.
  We believe that every American deserves to go to work without fearing 
for his or her life.
  We believe that responsible businesses that put safety first 
shouldn't have to compete with businesses that prioritize a quick buck 
over the safety of their employees.
  We believe that employers who put workers' lives at risk should face 
serious consequences that will force them to change their ways.
  We believe that companies shouldn't be able to hide behind high 
priced lawyers and convoluted corporate structures to avoid being held 
accountable for their actions.
  We believe that the critical agencies charged with protecting 
workers' lives should have all the tools they need to get the job done.
  We believe that whistleblowers are the first line of defense in safe 
workplaces and deserve strong protection from discrimination and 
retaliation.
  The Robert C. Byrd Mine and Workplace Safety Act of 2013 reflects 
these core principles and includes effective policies to achieve them. 
Its passage would be a major step forward for workplace safety.
  This legislation also makes common sense reforms to the Occupational 
Safety and Health Act, OSHA, which has not been significantly updated 
since it was passed over 40 years ago. For example, whistleblower 
protections under the OSH Act are toothless and unfairly tilted against 
workers

[[Page S2965]]

who risk their career to protect the public welfare. This bill makes 
essential changes to ensure that workers are protected, including 
lengthening OSHA's 30-day statute of limitation for whistleblowers, 
providing for reinstatement while the legal process unfolds for cases 
with an initial finding of merit and giving the worker the right to 
file their own claim in court if the government does not investigate 
the claim in a timely manner.
  The bill also strengthens criminal and civil penalties that, at 
present, are too weak to protect workers. Under current law, an 
employer may be charged--at most--with a misdemeanor when a willful 
violation of OSHA leads to a worker's death. Under the Robert C. Byrd 
Mine and Workplace Safety Act of 2013, felony charges are available for 
an employer's repeated and willful violations of OSHA that result in a 
worker's death or serious injury. The bill also updates OSHA civil 
penalties--which have been unchanged since 1990--and sets a minimum 
penalty of $50,000 for a worker's death caused by a willful violation.
  In addition to toughening sanctions for employers who needlessly 
expose their employees to risk, the bill makes sure that the government 
is responsive to workers when investigating charges. It guarantees 
victims the right to meet with the person investigating the claim, to 
be notified of and receive copies of reports or citations issued in the 
investigation, and to be notified of and have the right to appear at 
proceedings related to their case. Victims of retaliation should not 
suffer the double indignity of being ignored by government officials 
charged with protecting them.
  I hope that my colleagues on both sides of the aisle will support the 
Robert C. Byrd Mine and Workplace Safety Act of 2013. This important 
bill would take a tremendous step forward for mine safety and could 
ultimately save the lives of thousands of hard-working Americans.

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