[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Extensions of Remarks]
[Page 16741]
[From the U.S. Government Publishing Office, www.gpo.gov]




ON INTRODUCING THE 2007 MINE SAFETY AND HEALTH BILLS--THE SUPPLEMENTARY 
MINE IMPROVEMENT AND NEW EMERGENCY RESPONSE (S-MINER) ACT AND THE MINER 
                     HEALTH ENHANCEMENT ACT OF 2007

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                         Tuesday, June 19, 2007

  Mr. GEORGE MILLER of California. Madam Speaker, last Friday was the 
first anniversary of the MINER Act, which the Congress passed last year 
in the wake of the tragedies at the Sago, Aracoma Alma and Darby coal 
mines.
  Much progress has been made over the last year. For example, thanks 
in particular to the efforts of Senator Robert Byrd of West Virginia, 
critical funding was provided to help develop new technologies for 
mining which were thought to be out of reach only a year ago. Funds 
were also provided to hire additional inspectors for underground coal 
mines. These funds were well spent, and the investment will save miners 
lives.
  Moreover, implementation of the requirements of the MINER Act, while 
slower than anticipated, has started to gain traction, as questions 
about its provisions have been addressed and as this Congress has 
exercised its oversight authority.
  But important as these actions are, they were intended as only a 
down-payment on what is needed to clean up years of neglect and 
backsliding by this Administration and an industry that had become, by 
its own admission, overly complacent. The need for supplemental action 
is more clear than ever, as too are the details of the supplemental 
action that is required at this time.
  Accordingly, I am joining Chairman Rahall and others today in 
introducing new legislation, the Supplementary Mine Improvement and New 
Emergency Response Act, or S-MINER Act, to build on our initial 
accomplishments by taking the next steps.
  The S-MINER Act has four basic sections.
  The S-MINER Act would supplement emergency response plans. The MINER 
Act required mine operators to put in place detailed emergency response 
plans to prevent a recurrence of the tragedies at Sago, Aracoma Alma 
and Darby. Based on what we have learned over the last year, the S-
MINER Act would tighten up some of the requirements to ensure that 
effective action is taken promptly.
  For example, the S-MINER Act would:
  In light of technological progress, speed up the dates by which mine 
operators have to install improved underground communication systems 
and refuge chambers;
  Ensure that requirements on how to seal abandoned areas of a mine, 
already scheduled to be issued in December of this year, meet recently 
developed NIOSH recommendations;
  Require the 52-year old standard on conveyor belt flammability to be 
updated consistent with NIOSH recommendations, and ban the practice of 
ventilating mines with intake air run over these conveyor belts (``belt 
air''); and
  Require the installation of underground gas and smoke monitoring 
systems, and require miners working alone to carry multi-gas detectors 
to protect them from otherwise undetectable toxic atmospheres they may 
encounter.
  And the bill would require a study by the National Academy of 
Sciences of the technology needed to help protect underground miners 
from the harmful potential consequences of lightning above the mine, 
the asserted spark that set off the Sago tragedy.
  The S-MINER Act would supplement enforcement authority. The MINER Act 
established some new penalties to encourage mine operators to take mine 
safety and health requirements seriously and address problems before 
they become worse. Based on what we have learned over the last year, 
the S-MINER Act would supplement these actions to enhance their 
effectiveness.
  For example, the S-MINER Act would:
  Clarify the authority of inspectors to be free of interference and to 
issue withdrawal orders in emergencies;
  Enhance penalties not adjusted by MINER Act;
  Respond to GAG findings of deficiencies in the penalty assessment 
process; and
  Provide MSHA with subpoena power equivalent to that of other 
agencies.
  In addition, the S-MINER Act would establish an independent ombudsman 
to ensure proper attention to miner complaints of unsafe conditions and 
to protect whistleblowers from retaliation.
  The S-MINER Act would supplement rescue, recovery and incident 
investigation authority. The MINER Act ensured that prompt notice of 
serious accidents be provided immediately to the Department of Labor, 
and that the number of available rescue teams be enhanced. Based on 
what we have learned over the last year, the S-MINER Act would 
supplement these actions to enhance their effectiveness.
  For example, the S-MINER Act would: enhance mine rescue and recovery 
operations by providing for a national call center; require timely 
notice to MSHA of ``near misses''; and require mine operators to 
provide certain logistical support for rescue teams.
  The bill would also require the procedures for accident 
investigations to be standardized, ensures witness coercion and 
conflict of interests are avoided, and provides for any investigation 
by MSHA to be supplemented by an investigation of the independent 
Chemical Safety Board when requested by authorized representatives of 
miners or families.
  The S-MINER Act would revise the respirable dust standards 
established 40 years ago. MSHA has struggled in the last decade to 
update badly needed improvements in critical health standards actually 
set by the Congress in the 1977 Mine Safety and Health Act, and has not 
been successful. Miners are once again developing symptoms of black 
lung and other deadly diseases of the past. For miners, this situation 
constitutes an emergency. Accordingly, the bill would update the rules 
the Congress set 40 years ago by adopting long-standing recommendations 
of NIOSH for these rules.
  Specifically, the S-MINER Act would: reduce the amount of coal dust 
to which miners can be exposed in accordance with NIOSH 
recommendations; require miners be equipped with the new personal dust 
monitors (PDMs) developed and certified by NIOSH, and authorize miners 
to adjust their activities to avoid overexposure; and update the 
procedures for compliance sampling by the Department of Labor and for 
operator surveillance sampling utilizing the PDM.
  The S-MINER Act would also set an independent standard for silica 
exposure (the current limit is entwined with the coal dust limit) in 
accordance with NIOSH recommendations.
  In addition, Madam Speaker, I am also joining with Chairman Rahall 
and others today in introducing the Miner Health Enhancement Act of 
2007. As I mentioned, MSHA has struggled in the last decade to update 
badly needed improvements in critical health standards actually set by 
the Congress in the 1977 Mine Safety and Health Act, and has not been 
successful. While the S-MINER Act would deal with the most well-
recognized of these issues, there are other 40-year-old health 
standards established by the Congress that also require attention.
  The Miner Health Enhancement Act of 2007 would: require MSHA to use 
the existing asbestos standard applicable to most American workers 
under OSHA rather that the weaker standard for asbestos now applicable; 
require MSHA to utilize the hazard communication standard issued by the 
last Administration after extensive rulemaking without the amendments 
adopted early in this Administration that weaken the currency of the 
scientific information provided to mine workers; and require MSHA to 
update the list of permissible exposure limits in its air contaminants 
standard to reflect the recommended exposure limits established by 
NIOSH.
  Last year we acted with urgency but too late; this year, it is our 
hope to enact needed reforms before the next tragedy occurs. As we 
focus this year on how to address this country's energy problems, let 
us not forget to provide for the safety and health of the workers who 
provide the raw materials that power this economy.

                          ____________________