[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[Extensions of Remarks]
[Pages 8324-8326]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE ``PROTECTING AMERICAN'S MINERS ACT''

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                         Tuesday, May 16, 2006

  Mr. GEORGE MILLER of California. Since the beginning of this year, we 
have witnessed numerous accidents in our Nation's underground mines. So 
far this year, 26 underground coal miners have died, more than the 
total for all of last year. Preliminary investigative reports and 
public hearings have made it clear that prompt action is necessary if 
we are to avoid a continued loss of life and disruptions to a vital 
American energy source.
  For many months, I have been urging the Committee on Education and 
the Workforce to take action on this matter by marking up the 
legislation introduced by the West Virginia delegation. Sadly, that has 
not occurred. While the Senate is making progress on this matter in a 
bipartisan manner, the responsible leaders in this body have declined 
to treat this matter with the seriousness it deserves. The 
Administration, which helped create the problem by withdrawing 
regulatory initiatives that could have saved lives and moving 
enforcement resources into compliance assistance, is likewise lacking 
in purpose and direction in addressing this crisis.
  Accordingly, today I rise to introduce new mine safety legislation, 
together with Congressman Rahall of West Virginia, Congressman Owens of 
New York, Congressman Chandler of Kentucky, Congressman Holt of New 
Jersey, Congressman Artur Davis of Alabama, and Congressman Mollohan of 
West Virginia. This legislation does not detract in any way from our 
continued pleas to this body to move forward with the West Virginia 
bill. It does, however, include refinements and new provisions based 
upon what we have learned since that bill was introduced. An identical 
bill is being introduced in the Senate by Senators Kennedy, 
Rockefeller, Murray and Durbin, and we understand the refinements and 
new provisions reflected in this legislation are under active 
discussion in the responsible Senate committee. We hope that these new 
ideas will advance the discussion and lead to prompt action by this 
body. We will not let up on this, nor will we let complacency take 
root.
  Following is a detailed section-by-section discussion of the new 
bill, entitled the ``Protecting America's Miners Act.'' I encourage all 
of my colleagues to join me in support of this legislation, and in 
demanding action by this body before new tragedies strike.


              Summary of Protecting America's Miner's Act

       (1) Short Title. ``Protecting America's Miners Act''.
       (2) Sense of Congress. This legislation is necessary 
     because of the failure by the current Administration to 
     protect miners and properly prepare for the future.
       (3) Definitions. Relevant definitions from the Mine Safety 
     and Health Act of 1977 are incorporated into this free-
     standing legislation.
       (4) Improved escape and refuge requirements to help protect 
     miners in the event of an emergency.
       This section would establish improved safety standards to 
     help underground coal miners survive an underground 
     emergency. Highlights include--
       Requiring atmospheric detection and warning systems to 
     alert miners to dangerous levels of harmful and explosive 
     gases;
       Requiring two-way messaging systems to communicate between 
     miners and the surface once they are available; in the 
     interim, one-way messaging systems and backup telephone lines 
     would be required;
       Requiring caches of self-rescuers for escape, and, until 
     such time as the mine has established underground refuges, 
     also requiring special caches to support prolonged stays 
     underground;
       Requiring underground refuges, meeting criteria based on 
     past experience in the U.S. and abroad, to protect miners 
     unable to escape from a mine; and
       Requiring miners to be equipped with tracking devices to 
     facilitate rescue.

[[Page 8325]]

       The bill authorizes MSHA to revise these standards by 
     regulation in order to improve them over time. This is the 
     approach taken in 1977 when the current Mine Act was 
     established. Similarly, MSHA is authorized to issue 
     modifications of these standards for individual mines as with 
     any safety standard under the requirements of existing law. 
     Additional research on related topics is required by section 
     11 of the bill.
       Because of the nature of these requirements, the bill would 
     make any violation of them an ``imminent danger'' so that 
     MSHA can act promptly to ensure mines are in compliance.


   Section 5--Facilitating the prompt initiation of rescue and mine 
                            recovery efforts

       The bill would set up an Emergency Call Center to be sure 
     MSHA is ready to receive information on emergencies--so 
     callers don't find themselves going from answering machine to 
     answering machine. The Call Center would have to be supplied 
     by the Secretary with home and emergency numbers for key 
     agency personnel, local emergency services, mine rescue 
     teams, and others.
       The bill would require that operators notify MSHA within 15 
     minutes of any emergency or serious incident. The bill 
     ensures MSHA gets prompt notice of close calls, not just 
     situations in which there are deaths or serious injuries.
       The bill would separate mines into two categories for 
     purposes of what mine rescue team requirements are 
     applicable:
       Those mines with less than 36 employees can contract out 
     for mine rescue services to the nearest mines which maintain 
     such teams, provided that: (1) the mine must include some of 
     its own employees in the rescue team; (2) all rescue team 
     members must be able to reach the mine within 1 hour; and (3) 
     the operator must hold at least two rescue drills a year to 
     ensure the team becomes familiar with the mine.
       Those mines with 36 or more employees must have their own 
     mine rescue teams (although they could contract for 
     additional teams). These mines must also hold at least two 
     rescue drills a year.
       The bill would also require the Secretary to promptly 
     initiate an expedited rulemaking to revise existing mine 
     rescue team requirements, and to consult broadly with 
     existing mine rescue teams, other rescue organizations, local 
     and State emergency authorities and others in this regard. 
     The rules would cover training and qualifications for rescue 
     team members, the equipment and technology used in rescue, 
     the structure and organization of mine rescue teams, and 
     other factors which have been identified by mine rescue team 
     members at recent public hearings as posing problems during 
     recent rescue efforts. Section 11 of the bill contains 
     related research requirements.


        Section 6--Enhancing the investigation of mine accidents

       This section directs the Secretary of Labor to issue 
     regulations on an expedited basis concerning the 
     investigation of mine accidents. No such regulations 
     currently exist, and so each investigation is ad hoc.
       The Secretary is directed to consult widely in developing 
     these regulations--including directly contacting family 
     members who can be identified of any miner who perished in a 
     mining accident of any type in the last 10 years. Miner 
     families are authorized to be involved in all aspects of the 
     investigation, and an advocate is to be appointed to 
     facilitate their participation.
       The regulations are to require public hearings be held in 
     connection with any fatal accident or any accident which 
     could have resulted in multiple fatalities.
       This section would also authorize a majority of the 
     families of any miners killed in an accident, or an 
     authorized miner representative, to request that an 
     additional investigation be conducted by the Chemical Safety 
     Board or other appropriate federal agency. This would permit 
     a more independent review of major accidents in which MSHA's 
     own conduct may be an issue.


  Section 7--Enhancing operator and owner incentives to avoid serious 
                            risks to miners

       The bill would direct the Secretary to revise the 
     regulations which layout the process for citing operators who 
     engage in a ``pattern of violations.'' Such a penalty has 
     never been assessed by MSHA despite the number of scoff-laws 
     that have been identified. The changes required by the 
     legislation would ensure that MSHA is required to make 
     decisions on these situations in a timely way, and the 
     Secretary is authorized to withdraw miners from the entire 
     mine until a pattern of violations is corrected. The bill 
     would also significantly increase the penalties for a 
     ``pattern of violations'' up to $1 million, and bar the 
     Review Commission from reducing such penalties.
       The bill also takes strong action to ensure operators pay 
     their assessed penalties. The bill would forbid operators 
     from contesting citations unless the assessed penalties are 
     placed in escrow, and it would add criminal penalties for 
     failure to pay.
       The bill would also establish a minimum penalty of $500 and 
     a maximum penalty of $250,000 for other violations. However, 
     if the Secretary determines that the violation could have 
     significantly and substantially contributed to a hazard, the 
     bill would establish the minimum penalty as $1000 and the 
     maximum penalty as $500,000. In addition, the bill 
     establishes a penalty of between $60,000 and $100,000 for the 
     failure to provide timely notification of accidents. The bill 
     eliminates the requirement of current law that the size of 
     the mine and the impact on an operator's ability to continue 
     in business must be considered in assessing penalties.


  Section 8--Enhancing the willingness of miners and others to report 
                serious problems before accidents occur

       This would establish a Miner Ombudsman in the Office of the 
     Inspector General in DOL to take safety and health complaints 
     from miners. The purpose of this provision is to help assure 
     miners that their identities will not be compromised if they 
     report mine safety and health problems to the Department.


  Section 9--Enhancing specific protections for underground coal mines

       This section would require the Secretary to expeditiously 
     revise three existing standards to enhance the protection of 
     underground coal miners.
       (a) Conveyor belts and ventilation (``belt-air'' rule). The 
     belts that carry coal out of a mine can ignite a fire or 
     explosion due to friction. The legislation requires MSHA to 
     expeditiously revise its regulations to adopt long-standing 
     recommendations of the National Institute for Occupational 
     Safety and Health that conveyor belts be designed to minimize 
     flammability. Until the revised rules go into effect, the 
     legislation suspends rules adopted in 2004 that generally 
     permitted increased airflow over these conveyor belts. During 
     this time, MSHA would, however, be permitted to return to its 
     pre-2004 practice of permitting such additional airflow on a 
     mine by mine basis following a public hearing on a request 
     for such a modification.
       (b) Seals. Seals are walls constructed in underground coal 
     mines to enclose abandoned areas that they do not want to 
     ventilate. Sealed areas can become highly explosive due to 
     methane gas, and hence the seals have to meet prescribed 
     standards. The bill would require MSHA to expeditiously adopt 
     more protective standards. In addition to requiring seals to 
     withstand more pressure than under the current rules, the 
     Secretary is directed to consider whether it should inspect 
     all seals during construction to be sure they are built 
     according to plan. In addition to requiring an improved 
     standard, the bill would require the Secretary to promptly 
     conduct a special inspection of all current seals in 
     underground coal mines composed on non-traditional materials 
     to ensure they are properly constructed.
       (c) Respirable (coal) dust. Black lung continues to be 
     diagnosed among younger coal miners. To eliminate this 
     disease forever, the bill requires the Secretary to 
     expeditiously revise the current standard to reduce the 
     allowable level of respirable dust to that recommended by the 
     National Institute for Occupational Safety and Health. 
     Consistent with other findings by NIOSH, the bill would 
     eliminate the current requirement that several samples be 
     averaged before a citation can be issued, and requires 
     compliance samples to be taken by the Secretary or by placing 
     personal dust monitors on at least 3 miners per shift.


        Section 10--Transition to a new generation of inspectors

       It takes 18 months to train a new inspector; and government 
     personnel ceilings and retirement rules mean there may be a 
     critical gap in mine safety and health inspectors over the 
     next few years even if there is money appropriated in 
     sufficient quantities to take on new staff. The bill provides 
     that for a 5-year period, MSHA inspector staffing is exempted 
     from personnel ceilings (only funding governs) and from 
     certain pension reductions that make it difficult to use 
     retired inspectors as necessary to fill the gap.
       An additional problem for MSHA is to simultaneously provide 
     both enforcement and compliance assistance, particularly for 
     small mine operators. The bill would provide that for a 5-
     year period, government resources be used exclusively for 
     enforcement, while compliance assistance to the industry be 
     funded exclusively through a user fee. The user fee would be 
     $100 for every penalty assessed on any mine operator. This 
     money would be used exclusively to provide the industry with 
     technical support and advice, and priority would be given to 
     requests for small mines (those with less than 20 miners).
       Because of the unusual nature of these provisions, special 
     monitoring by the Congress is appropriate, and an annual 
     report would be required each of the five years that these 
     requirements would be in effect.


               Section 11--Technology research priorities

       The legislation requires that in implementing its research 
     activities in the next five years, the National Institute for 
     Occupational Safety and Health give due consideration to new 
     technologies, and existing technologies that could be adopted 
     for use in underground mines, which could facilitate the 
     survival of miners in an emergency.
       The bill notes that such technologies include, but are not 
     limited to:
       Longer lasting self-rescuers;
       Two-way communication devices;

[[Page 8326]]

       Improved battery capacity and specifications to handle 
     multiple devices;
       Improved technology to determine underground conditions 
     during an emergency situation; and
       Improved technology for mine rescue crews.

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