Worker Safety and Health

The Los Angeles Times reported this week on the U.S. Chamber of Commerce's new agenda attacking federal labor, energy, health care and financial services regulations.

"Unions, liberal advocacy groups and many congressional Democrats are expected to defend the new healthcare law and the new financial oversight system, created in the wake of the worst recession in more than half a century. They also are expected to defend efforts to expand worker safety rules.

"'The chamber's new campaign is disappointing and may threaten the health and safety of hardworking Americans if successful,' said Rep. George Miller (D-Martinez), chairman of the House Education and Labor Committee."

(emphasis added)

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, said that a new proposed rule to reduce the amount of coal dust miners breathe in and to provide better monitoring of coal dust is long overdue and will save lives. According to the National Institute for Occupational Safety and Health, more than 10,000 miners have died from black lung in the last decade and young miners are still contracting the debilitating condition.

“After years of careful study and delays, I applaud Assistant Secretary Joe Main and Secretary Solis’ effort to seriously address the scourge of black lung disease among our nation’s coal miners. The large number of miners still getting sick every year proves that current protections are woefully out of date. When fully phased in over the next two years, these new standards will not only save lives and provide for better monitoring technology of coal dust, but they will reduce the cost of federal disability program for black lung because fewer miners will be contracting this debilitating disease.”

The front page of today’s Washington Post article features an article titled Mine safety’s black hole. The report reminds us all that nine men have died in coal mines since the Upper Big Branch tragedy six months ago and that a legislative response to this issue is needed. The Post wrote:

“In the weeks after the worst U.S. coal-mining accident in 40 years, federal safety inspectors showed up repeatedly at a mine that snakes under the West Virginia hills: Loveridge No. 22.

“On July 26, an inspector cited the mine for concerns that walls might crumble. He noted that this made 87 citations for problems with the roof or walls over two years.

“Three days later, a chunk of rock 16 feet long and 41/2 feet high broke away from the mine's wall, according to a federal accident report. Miner Jessie Adkins, 39, was caught beneath it.

“He died before he got to a hospital.

“Adkins is one of nine men who have died inside U.S. coal mines in the six months since the Upper Big Branch mine disaster in West Virginia, in which 29 men were killed on April 5. This string of accidents has revealed key shortfalls in a push by the Obama administration to improve mine safety.”

Chairman Miller introduced the Robert C. Byrd Mine Safety Act in May to address this “black hole”. The law would strengthen the Mine Safety and Health Administration’s (MSHA) pattern of violations tool. The Washington Post discussed MSHA’s inability to use this enforcement program effectively:

“…federal regulators still have trouble using their power to temporarily shut down mines that have a ‘pattern of violations.’ That provision in the law has not been used successfully in 32 years.

“Last week, the Mine Safety and Health Administration announced new criteria that could simplify that process. Bills introduced in Congress would expand whistle-blower protections for miners, give the MSHA subpoena power and provide federal regulators with more authority to close unsafe mines. Legislation has stalled on the Senate side.”

The Post also referenced the large backlog of mine safety appeals, an issue that the Education and Labor Committee discussed in February:

“Trying to explain why repeated federal citations didn't prevent fatalities, safety experts pointed to the same problems that surfaced after the Upper Big Branch blast. The backlog of appeals cases has grown - clogged by the new citations - meaning that companies can delay payments for years.

“At Consol, for instance, the company has contested 31 percent of the safety citations issued to its mines since January. That's more than 1,000 citations, with fines totaling $2.6 million, which won't be paid until the cases are resolved.”

The House approved legislation to reduce the backlog of over 17,000 cases involving mine operator appeals of safety and health violation in July. The Robert C. Byrd Mine Safety Act awaits Senate action.

Last night, the U.S. Department of Labor Office of the Inspector General (OIG) issued a report stating the Mine Safety and Health Administration (MSHA) has never successfully exercised its pattern of violations (POV) regulation authority, a tool MSHA developed to monitor mine operators’ worker safety and health violations and keep miners safe on the job. Chairman Miller requested the OIG investigate this issue in early April.

This news is distressing in the wake of numerous fatal mine tragedies, including the explosion at West Virginia’s Upper Big Branch Mine in April. In response to the report, Joe Main, assistant secretary of labor for mine safety and health, announced new screening criteria for the pattern of violations enforcement program, but acknowledged that a legislative response is needed to keep miners safe:

“‘Since the passage of the Mine Act more than 30 years ago, not one mining operation has ever been placed on a pattern of violations,’ said Joseph A. Main, assistant secretary of labor for mine safety and health. ‘We have known for some time that the current system is broken and needs to be fixed. This new screening process improves upon the old one, which cast too broad a net and did not distinguish mines with the highest levels of elevated enforcement. This new system will let MSHA focus its attention on those mines that are putting miners at greatest risk.’

“‘MSHA's changes to the POV program cannot fix shortcomings that require legislation or changes to the existing regulations,’ Main added. ‘This is a stop-gap measure until reform can occur. We are aggressively pursuing both regulatory and legislative reforms, but in the mean time this new policy improves our ability to identify problem mines. Our goal with each of these reform efforts is to identify mines with a pattern of dangerous conditions and encourage them to improve their safety records. If a mine fails to do so, it will be placed into POV status.’”

Chairman Miller introduced the Robert C. Byrd Mine Safety Act in July to combat MSHA’s shortcomings and ensure that serial violators of health and safety rules are punished. In addition to strengthening POV authority, the legislation would empower workers to speak up about safety concerns. During a field hearing with family members of miners who lost their lives in the Upper Big Branch Mine disaster, Chairman Miller promised that he would work to ensure miners are safe on the job:

“I made a pledge to the families of Sago, Aracoma Alma, Darby and Crandall Canyon that we would do everything in our power to uncover the cause of those tragedies, to hold responsible parties accountable, and to prevent other miners from suffering a similar fate.  

“I extend this same promise to all the families of Upper Big Branch. Your families paid the ultimate price for a job our nation depends on.”

WASHINGTON, D.C. – The process to identify and improve safety at the nation’s most dangerous mines is broken, the Department of Labor’s Office of Inspector General reported today. According to the report, in the 32 years since the ‘pattern of violation’ sanction was enacted, the Mine Safety and Health Administration (MSHA) has never used this authority as the result of “lack of leadership and priority in the department across administrations.”

WASHINGTON, D.C. – Improved training and oversight is needed for the federal program designed to protect Americans who ‘blow the whistle’ on unsafe working conditions or other illegal activities, the Government Accountability Office (GAO) reported to members of Congress today. Sens. Tom Harkin (D-IA) and Patty Murray (D-WA), and Reps. George Miller (D-CA) and Lynn Woolsey (D-CA), requested the report as part of an effort to ensure that workers have the both the right to raise safety concerns and an effective remedy, which are essential parts of the nation’s workplace safety and health protection system.

The Department of Labor’s Whistleblower Protection Program, administered by the Occupational Safety and Health Administration (OSHA), is responsible for investigating whistleblower complaints under 19 different statutes, including occupational safety and health, civilian and defense nuclear facilities, trucking, pipelines, railroads, consumer product safety, securities, health care and six environmental protection laws.  

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today issued the following statement in response to House Republican Leader John Boehner’s remarks at the City Club of Cleveland.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, issued the following statement after the Occupational Safety and Health Administration (OSHA) and BP agreed to pay $50 million in fines to settle unresolved safety violations at its Texas City refinery, representing the largest worker health and safety fine in U.S. history. BP also pledged $500 million to improve safety. 

The Occupational Safety and Health Administration (OSHA) today proposed to fine three companies $16 million for a total of 371 safety violations that led to the tragic explosion at the Kleen Energy power plant in Middletown, Conn. The tragedy took the lives of six workers and left 50 others injured. The fine, one of the largest ever levied by OSHA, followed an extensive workplace safety investigation into the February 7th explosion. In response to the matter, Labor Secretary Solis stated:

"The millions of dollars in fines levied pale in comparison to the value of the six lives lost and numerous other lives disrupted…However, the fines and penalties reflect the gravity and severity of the deadly conditions created by the companies managing the work at the site. No operation and no deadline is worth cutting common sense safety procedures. Workers should not sacrifice their lives for their livelihoods.”

The Workforce Protections Subcommittee of House Education and Labor Committee convened a hearing in Middletown, Conn. with Middletown officials, safety experts, and family members of those who were lost. The panel determined that the explosion “could have been prevented if there were clear national safety protections”.

The Hartford Courant reported today on the unsafe conditions leading up to the explosion that were uncovered by OSHA – the plant owners pressured construction employees to work at a breakneck pace due to considerable financial incentives:

“O&G Industries of Torrington stood to gain a $19 million incentive if it finished construction early on the Kleen Energy plant in Middletown, federal officials said as they issued $16 million in fines to O&G and other firms for the Feb. 7 explosion at the plant that killed six workers and injured several dozen.”
…

“The Courant has reported that workers were logging 84-hour weeks at the plant in the days and weeks leading up to the natural gas explosion, and the owners were pressing for a May/June opening – five months before regulators expected the plant to be ready.”

Chairman George Miller and Rep. Lynn Woolsey, chairwoman of the Workforce Protections Subcommittee, also responded to OSHA’s report, stating:

“The Kleen Energy explosion is just another example of the tragic results of putting production, in this case completing construction, ahead of safety. OSHA’s significant proposed fine for safety violations resulting in the deaths of six workers should be a wakeup call for those who callously disregard accepted safety practices in order to meet deadlines.”    

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA), chair of the House Education and Labor Committee, and Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, issued the following statement on the Occupational Safety and Health Administration’s (OSHA) proposed $16.6 million fine for safety violations surrounding February’s Kleen Energy explosion in Middletown, Conn:

On Friday, the House of Representatives responded to the Deepwater Horizon tragedy by approving comprehensive oil spill legislation. As part of the legislative effort, on a strong bipartisan vote of 315-93, the House passed a bill to extend vital whistleblower protections to workers on the Outer Continental Shelf, like the those who worked on the Deepwater Horizon. Today, there is not a single federal law that protects offshore workers from employer retribution after blowing the whistle on safety problems. The Associated Press reported:

“…the House approved a separate bill to extend whistleblower protections to oil and gas workers who report hazardous conditions or other problems. The whistleblower bill will be added to the oil spill legislation when it is sent to the Senate.”

The Education and Labor Committee held a hearing on whistleblower protections for offshore workers in June. After hearing testimony from MMS, OSHA, and the U.S. Coast Guard, Chairman Miller stated:

“In light of the current tragedy in Gulf, I hope we can answer whether there is a better way to oversee and protect the health and safety of oil rig workers… The Deepwater disaster clearly demonstrates that the status quo is not good enough. We must do better.”

The approval of the Offshore Oil and Gas Worker Whistleblower Protection Act on Friday was a victory for offshore workers and showed that Education and Labor Democrats are deeply committed to “doing better” on behalf of oil rig workers. During an emotional speech on the floor of the House of Representatives, Chairman Miller defended the importance of whistleblower protections:

“Imagine a worker going to work and saying ‘get my affairs in order and let’s check my will.’ That’s what people do when they go to war and they shouldn’t have to do it when they go to work.”

WASHINGTON, D.C. – On a strong bipartisan vote of 315 to 93, the House today approved legislation to extend modern whistleblower protections to workers whose employers are engaged in oil and gas exploration, drilling, production, or cleanup on the Outer Continental Shelf (OCS). Currently, individuals working on the OCS have no protection against retaliation by an employer for speaking up on hazardous conditions. 

The House will vote this afternoon on the Offshore Oil and Gas Worker Whistleblower Protection Act (H.R. 5851).

Currently there is no federal law that protects oil and gas workers if they are retaliated against after they blow the whistle on workplace health and safety violations on the Outer Continental Shelf.
 
Workers on oil rigs like the Deepwater Horizon risk losing their jobs if they report dangerous workplace conditions.  The workers performing clean-up activities on the Outer Continental Shelf similarly have no protections against employer retaliation for raising health and safety concerns. 

H.R. 5851 extends whistleblower protections to employees of employers working on the Outer Continental Shelf performing oil and gas exploration, drilling, production, or oil spill cleanup.

WASHINGTON, D.C. – The U.S. House of Representatives gave final approval to legislation today to reduce the backlog of more than 17,000 cases involving mine operator appeals of safety and health violations.

H.R. 4899, the Supplemental Appropriations Act of 2010, will add an additional $22 million to the Mine Safety and Health Administration and the Federal Mine Safety and Health Review Commission to attack the backlog of cases. The bill now goes to President Obama for his signature.

Currently there is no federal law that protects oil and gas workers if they are retaliated against after they blow the whistle on workplace health and safety violations on the Outer Continental Shelf.
 
Workers on oil rigs like the Deepwater Horizon risk losing their jobs if they report dangerous workplace conditions.  The workers performing clean-up activities on the Outer Continental Shelf similarly have no protections against employer retaliation for raising health and safety concerns. 

Workers must be protected when they raise concerns about unsafe working conditions, and they must have the right to stop working if they fear they could be injured or killed. Workers themselves are in the best position to discover safety hazards.  You can’t have inspectors at all facilities at all times.  These workers are enforcement agencies’ eyes and ears when it comes to safety compliance.

Deepwater Horizon workers had safety concerns prior to the explosion. Jason Anderson, who died when the rig exploded, told both his wife and father that working conditions were not safe on the Deepwater Horizon.  According to his widow Shelley’s testimony before the Senate’s Commerce, Science and Transportation committee, Jason was reluctant to talk about these concerns while on the rig and told her: “I can’t talk about it now.  The walls are too thin.”  This fear was so strong that Jason reportedly talked to Shelley about his will and getting his affairs in order not long before the explosion. 

H.R. 5851 extends whistleblower protections to employees of employers working on the Outer Continental Shelf performing oil and gas exploration, drilling, production, or oil spill cleanup.

The bill is modeled after other modern whistleblower statutes and would:

• Prohibit an employer from discharging or otherwise discriminating against an employee who reports to the employer, or a federal or state government official that he or she reasonably believes the employer is violating the Outer Continental Shelf Lands Act (OCSLA).
• Protect covered employees who report injuries or unsafe conditions related to the offshore work, refuse to work based on a good faith belief that the offshore work could cause injury or impairment or a spill, or refuse to perform work in a manner that they believe violates the OCSLA.
• Establish a process for an employee to appeal an employer’s retaliation by filing a complaint with the Secretary of Labor, and allowing a jury trial if the Secretary fails to act in a timely manner.  
• Make an aggrieved employee eligible for reinstatement, back pay and compensatory and consequential damages, and, where appropriate, exemplary damages.  
• Require employers to post a notice that explains employee rights and remedies under this Act and provide training to the employees of these rights. 
  

Most Americans feel all too familiar with the details of the April 20th, 2010 explosion on the Deepwater Horizon drilling rig. The tragedy killed 11 workers, injured 17 others, and caused the worst oil spill in U.S. history.

Still, very few know that there is currently no federal law protecting offshore workers from reprisal for blowing the whistle on health and safety problems in their workplace. This surprising fact makes the New York Times investigation of the Deepwater Horizon tragedy all the more significant. The Times reported:

“A confidential survey of workers on the Deepwater Horizon in the weeks before the oil rig exploded showed that many of them were concerned about safety practices and feared reprisals if they reported mistakes or other problems.”

Many workers felt unsafe working on the Deepwater Horizon, but didn’t report their concerns due to fear of losing their job. The Times article continued:

“Only about half of the workers interviewed said they felt they could report actions leading to a potentially ‘risky’ situation without reprisal.”

During a hearing on this issue, the Education and Labor Committee heard testimony from OSHA, the Coast Guard and MMS.  Not a single one of these agencies could name a federal law that protected offshore workers for blowing the whistle on worker health and safety problems.

This stunning lack of basic protections for offshore workers is precisely what led Chairman Miller to introduce the Offshore Worker Whistleblower Protection Act (H.R. 5749). Workers in inherently dangerous workplaces deserve basic whistleblower protections. Indeed, these protections might have prevented this tragic accident and the ensuing environmental disaster altogether.
 

On April 20, 2010, the Deepwater Horizon drilling rig exploded, killing 11 workers, injuring 17 others, and creating one of the largest oil spills in history.  Chairman Miller has introduced legislation to make sure we better protect the health and safety of workers both on and off shore. 

The Offshore Worker Whistleblower Protection Act (H.R. 5749):

• Provides whistleblower and anti-retaliation protections to workers on the Outer Continental Shelf.
• Protects worker safety by improving federal agency coordination.
  

WASHINGTON, D.C. – On a 30-17 vote, the House Education and Labor Committee approved legislation today to reform the nation’s mine and worker safety laws. The Robert C. Byrd Miner Safety and Health Act (H.R. 5663) would provide stronger tools to ensure that underground coal mine operations with troubling safety records improve conditions, empower workers to speak up about safety concerns and give the Department of Labor the tools it needs to ensure that all workers go home safely at the end of the day.

“Too many families have suffered a tragic loss because of callous mine operators, ineffective protections and outdated laws. It is time to provide effective protections so that every worker can return home safely at the end of their shift. Congress has an obligation to make sure that is the case,” said U.S. Rep. George Miller (D-CA), the chairman of the committee. “This legislation addresses serious gaps in the law and makes comprehensive, common-sense reforms to strengthen our nation’s safety laws.”

On Wednesday, July 21, the Education and Labor Committee considered legislation to reform our nation’s mine health and safety laws. The Miner Safety and Health Act (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety and empower all workers to speak up about safety concerns.

Massey Energy’s Upper Big Branch explosion in April killed 29 miners and highlighted serious flaws in existing laws including the difficulty of the Mine Safety and Health Administration to bring tougher sanctions against the country’s most dangerous mines.

On Sunday, the New York Times editorial board reacted to news that an electrician at Massey’s Upper Big Branch mine in Beckley, W.V. was ordered to silence a methane detector intended to monitor levels of highly explosive methane gas. A deadly explosion at Upper Big Branch occurred two months later. The New York Times wrote:

“If a sense of urgency is needed beyond the deaths of 29 coal miners last April in West Virginia, Congressional lawmakers better heed the latest news from the Upper Big Branch mine where the explosion occurred. A company electrician has admitted that he was ordered to bypass a methane detector alarm when it kept interrupting the flow of coal.”

The editorial board continued, urging passage of H.R. 5663, the Miner Safety and Health Act of 2010. The Education and Labor Committee will vote on this legislation tomorrow morning.

“The majority Democrats’ reform measure, endorsed by the Obama administration, would crack down on reckless mining companies with stronger monitoring and criminal penalties, subpoena-empowered investigations, and protections against the dismissal of miners who dare to complain about risks to life down below.”

Local papers across the country have praised both the legislation and Chairman Miller’s commitment to the safety of America’s miners. The Hendersonville Times-News of Hendersonville, N.C. today wrote:

“The laws ensuring safety have to be strict and enforced. There is no excuse for endangering workers, or opposing laws that protect them, in the mining industry or in any other industry.”

Tuesday, July 20: Committee to Investigate Pension Fund Transparency

Tomorrow, Tuesday, July 20, 2010, the Health, Employment, Labor and Pensions Subcommittee of the Education and Labor Committee will hold a hearing on “Creating Greater Accounting Transparency for Pensioners”. The subcommittee will explore the increasingly common practice of investing private sector pension funds in hedge funds and private equity funds, and assess if these pension plans receive adequate, transparent accounting information from these funds.  The federal government does not specifically limit or monitor private sector pension investment in hedge funds or private equity.

WHAT:         
Hearing on “Creating Greater Accounting Transparency for Pensioners”

WHO:           
Barbara Bovbjerg, U.S. Government Accountability Office, Washington, D.C.
Robert Chambers, McGuireWoods LLP, Charlotte, N.C.
Matthew D. Hutcheson, Professional Independent Fiduciary, Eagle, Idaho
Jack Marco, Chairman, Marco Consulting Group, Chicago, Ill.

WHEN:         
Tuesday, July 20, 2010
10:00 a.m. EDT
Please check the Committee schedule for potential updates »

WHERE:      
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website.


Wednesday, July 21: Full Committee Markup of Miner Safety and Health Act of 2010 (H.R. 5663)

Full Committee Markup
10:00 AM, July 21, 2010
2175 Rayburn House Office Buidling
Washington, DC

On Wednesday, July 21, the Education and Labor Committee will consider legislation to reform our nation’s mine health and safety laws. The Miner Safety and Health Act (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety and empower all workers to speak up about safety concerns.

Massey Energy’s Upper Big Branch explosion in April killed 29 miners and highlighted serious flaws in existing laws including the difficulty of the Mine Safety and Health Administration to bring tougher sanctions against the country’s most dangerous mines.

Despite progress over the last several decades, mining remains one of the most dangerous occupations in the U.S.  The Miner Safety and Health Act of 2010 (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety, empower workers to speak up about safety concerns and give the Department of Labor the tools it needs to ensure that all workers go home safely at the end of the day.

Supporters of H.R 5663 include:

• American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
  
• American Industrial Hygiene Association
• Appalachian Citizens’ Law Center
• BlueGreen Alliance
  
• Building and Construction Trades Department, AFL-CIO
• Change to Win
  
• Interstate Mining Compact Commission (second letter)
• National Consumers League
• State Building and Construction Trades Council of California, AFL-CIO
• The Leadership Conference on Civil and Human Rights
  
• UAW
• United Mine Workers of America
  
• United Steelworkers
• United Support & Memorial For Workplace Fatalities
  

On April 5, 2010, an explosion at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia killed 29 miners and injured others.  This was the worst mining tragedy in the U.S. in almost four decades.

Q: How many times did MSHA cite Massey's Upper Big Branch Mine for serious violations in 2009?

1. 57 times
   
2. 326 times
   
3. 515 times
   
4. 100,000 times
   

Continue reading for the answer.

Yesterday's hearing on H.R. 5663, Miner Safety and Health Act of 2010 came to one conclusion:

"This bill will save lives."

Assistant Secretary of Labor for Mine Safety and Health Joe Main told members of the U.S. House Education and Labor Committee as much during a hearing on the Miner Safety and Health Act of 2010 Tuesday afternoon on Capitol Hill.

"The bill is true to the principles that mine operators are responsible for the health and safety of our most precious resource, the miner," Main said. "It promotes a culture of safety and will give MSHA effective new tools to hold to account operators who fail or refuse to meet their obligations."

The West Virginia Metro News also reported that: 

Altogether, the legislation is designed to do the following:

• Make mines with serious and repeated violations safe.
• Hold irresponsible mine operators accountable.
• Give MSHA better enforcement tools.
• Ensure miners' right to blow the whistle on unsafe conditions.
• Update mine safety standards to prevent explosions.
• Increase MSHA's accountability.
• Promote worker health and safety in all workplaces.

The Committee hopes to move quickly on this legislation. The hearing generated two radio stories. Listen to the NPR story and the West Virginia Public Broadcasting story for more information.

WASHINGTON, D.C. – Legislation responding to the nation’s worst mining tragedy in four decades will save lives and hold mine operators accountable for putting their workers in unnecessary danger, witnesses told the House Education and Labor Committee today.

The Miner Safety and Health Act (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety and empower workers to speak up about safety concerns. Massey Energy’s Upper Big Branch explosion in April killed 29 miners and highlighted serious flaws in existing laws including the difficulty of the Mine Safety and Health Administration (MSHA) to bring tougher sanctions against the country’s most dangerous mines. 

On Tuesday, July 13, 2010, the Education and Labor Committee will hold a hearing on “H.R. 5663, the Miner Safety and Health Act of 2010.” H.R. 5663 will bring our nation’s mine health and safety laws up to date, give MSHA the ability to effectively protect miners’ lives, hold mine operators accountable for putting their workers in unnecessary danger, and expand protections to all other workers by strengthening OSHA.

In April, 29 miners were killed at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia, the worst coal mine disaster in America in 40 years. In the last decade, more than 600 miners have died while working in our nation’s mines.

Capitol New Connection did a radio segment on today's hearing about H.R. 5663, Miner Safety and Health Act of 2010.

Elizabeth Wynne Johnson reported:

This afternoon, House Education and Labor Committee Chairman George Miller holds a hearing on mine safety. Congress has been working on legislation to update health and safety laws, and to put some teeth in the regulatory process. All in response to the April tragedy at Massey Energy’s Upper Big Branch Mine in West Virginia, where an explosion killed 29 men.

MILLER: Clearly some mine operators have decided that to run an unsafe mine and to pay the fines is just the cost of doing business. And they’re willing to pay the small fines. And some of the fines have not been adjusted for over 40 years.

We encourage you to listen to the entire report, learn more about H.R. 5663, Miner Safety and Health Act of 2010, and watch our hearing this afternoon.

Tomorrow at 3pm, the Education and Labor Committee will meet to examine H.R.5663, the Miner Safety and Health Act of 2010. Laws governing worker safety in mines are in desperate need of reform. On April 5, 2010, a massive explosion ripped through Massey Energy’s Upper Big Branch Mine in West Virginia, killing 29 miners and injuring others.

The Education and Labor Committee has held 23 hearings on mine safety and OSHA over the past three and a half years-- including a field hearing in Beckley, W.V. following the Upper Big Branch Mine tragedy. During that hearing on May 24th 2010, Chairman Miller addressed grieving family members:

“This committee has heard from too many families over the years who have suffered a great loss, as you have. I made a promise to them and I cannot forget that promise.

“I made a pledge to the families of Sago, Aracoma Alma, Darby and Crandall Canyon that we would do everything in our power to uncover the cause of those tragedies, to hold responsible parties accountable, and to prevent other miners from suffering a similar fate.”

Over the weekend, The Courier-Journal of Louisville, W.V. discussed the importance of the legislation and Chairman Miller’s commitment to mine safety:

“On Tuesday the House Education and Labor Committee will hear testimony from key industry players, including the federal Mine Safety and Health Administration, the United Mine Workers union, the National Mining Association and various mine safety experts.

“The committee chairman, Rep. George Miller, D-Calif., and 17 other House Democrats introduced legislation July 1 aimed at toughening safety enforcement.

“The bill would overhaul the system under which mines with persistently poor safety records are monitored and made to follow the law; increase maximum civil and criminal penalties for safety violations; require payment of penalties in a timely manner; give MSHA the power to close mines and subpoena documents and testimony; and protect miners who report safety violations.”

On Tuesday, July 13, 2010, the Education and Labor Committee will hold a hearing on “H.R. 5663, the Miner Safety and Health Act of 2010.” H.R. 5663 will bring our nation’s mine health and safety laws up to date, give MSHA the ability to effectively protect miners’ lives, hold mine operators accountable for putting their workers in unnecessary danger, and expand protections to all other workers by strengthening OSHA.

In April, 29 miners were killed at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia, the worst coal mine disaster in America in 40 years. In the last decade, more than 600 miners have died while working in our nation’s mines.

On Wednesday, July 14, the House Education and Labor Committee will consider bipartisan legislation to expand access and improve the nutritional quality of meals in schools and child care. The committee examined H.R. 5504, the “Improving Nutrition for America’s Children Act” earlier this month.

The legislation would help set American children on a path of healthy eating and healthy living at a time when approximately 22 percent of the nation’s children lack access to quality food and one in three children are overweight or obese. Today, over 32 million children rely on federal child nutrition programs.

H.R. 5504 would dramatically expand access for millions of children to healthy meals year-round in schools, child care, and community based settings, and for the first time, establish nutrition standards for foods sold outside of the cafeteria.

On Tuesday, July 13, 2010, the Education and Labor Committee will hold a hearing on “H.R. 5663, the Miner Safety and Health Act of 2010.” H.R. 5663 will bring our nation’s mine health and safety laws up to date, give MSHA the ability to effectively protect miners’ lives, hold mine operators accountable for putting their workers in unnecessary danger, and expand protections to all other workers by strengthening OSHA.

In April, 29 miners were killed at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia, the worst coal mine disaster in America in 40 years. In the last decade, more than 600 miners have died while working in our nation’s mines.

WHAT:         
Hearing on “H.R. 5663, the Miner Safety and Health Act of 2010”.

WHO:           
PANEL I:
Joe Main, Assistant Secretary of Labor for Mine Safety and Health, U.S. Department of Labor, Washington, D.C.
Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, D.C.    
Patricia Smith, Solicitor of Labor, U.S. Department of Labor, Washington, D.C.

PANEL II:
Larry Grayson, professor of mine engineering, Penn State University, University Park, Pa.
Lynn Rhinehart, general counsel, AFL-CIO, Washington, D.C.
Cecil Roberts, president, United Mine Workers of America, Triangle, Va.
Jonathan Snare, partner, Morgan Lewis, testifying on behalf of the Coalition for Workplace Safety, a group of associations and employers, Washington, D.C.
Stanley “Goose” Stewart, coal miner, Chickasaw Village, W.Va.
Bruce Watzman, senior vice president, regulatory affairs, National Mining Association, Washington, D.C.

WHEN:         
Tuesday, July 13, 2010
3:00 p.m. EDT
Please check the Committee schedule for potential updates »

WHERE:      
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website. 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, tonight issued the following statement on the House passage of H.R. 4899, the Supplemental Appropriations Act of 2010.

Making Work Safer for America’s Miners

Despite progress over the last several decades, mining remains one of the most dangerous occupations in the U.S.  On April 5, 2010, a massive explosion ripped through Massey Energy’s Upper Big Branch Mine in West Virginia, killing 29 miners and injuring others. Tools the Mine Safety and Health Administration could use to hold bad mine operators like Massey accountable were rendered ineffective because of indiscriminate mine operator appeals of violations and weak laws. The following reforms will bring our nation’s mine health and safety laws up to date, give MSHA the ability to effectively protect miners’ lives, hold mine operators accountable for putting their workers in unnecessary danger, and expand protections to all other workers by strengthening OSHA. (H.R. 5663 as reported by Committee; Section-by-section summary)

The Miner Safety and Health Act of 2010 (H.R. 5663), as amended and passed by the Committee on July 21, 2010, will:

• Make Mines with Serious and Repeated Violations Safe – Criteria for ‘pattern of violations’ sanctions would be revamped for underground coal mines and other ‘gassy’ mines to ensure that operators which chronically and repeatedly violate mine safety standards or have high accident rates improve safety dramatically.
   
• Ensure Irresponsible Operators Are Held Accountable – Maximum criminal penalties would be increased for underground coal mines, and a sanction is established for mine operators who knowingly tamper with or disable safety equipment that could kill miners. Operators would be required to pay penalties in a timely manner.
   
• Give MSHA Better Enforcement Tools – MSHA would be given the authority to subpoena documents and testimony. The agency could seek a court order to close a mine when there is a continuing threat to the health and safety of miners. MSHA could require more training of miners in unsafe mines. MSHA will require contractors, in addition to operators, to report accidents and injuries and hours of work at each mine, and those filing reports would be held responsible for the accuracy of reports.
   
• Protect Miners Who Speak Out on Unsafe Conditions – Protections for workers who speak out about unsafe conditions in underground coal and other gassy mines would be strengthened and would guarantee that miners wouldn’t lose pay for safety-related closures. In addition, miners would receive protections allowing them to speak freely during investigations.
   
• Modernize Safety Requirements in Coal Mines – Increased rock dusting would be required to prevent coal dust explosions. Pre-shift reviews of hazards and violations in the mine must be communicated to incoming miners to ensure that they are not caught unaware.  Protocols for continuous atmospheric monitoring for methane and carbon monoxide will be developed by NIOSH and adopted by MSHA through regulations.
   
• Increase MSHA’s Accountability – The legislative outline provides for an independent investigation of the most serious accidents, which includes an assessment of whether there are gaps in MSHA’s oversight or regulation. It asks GAO to assess whether there are problems with timeliness of mine plan reviews.
   
• Guarantee Basic Protections in All Other Workplaces Under OSHA – To ensure that all workplaces have basic protections, whistleblower protections would be strengthened, criminal and civil penalties would be increased, and hazard abatement would be sped up. In addition, victims of accidents and their family members would be provided greater rights during investigations and enforcement actions. OSHA would be allowed to assert concurrent enforcement jurisdiction in states with OSHA state plans, if the state is failing  to maintain protections for workers that is at least as effective as federal OSHA.
  

Supporters of the Miner Safety and Health Act »

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would promote worker health and safety in all workplaces.

Problem: Workplace whistleblower protections are the oldest and least protective of all of the whistleblower laws.

Solution: The bill will put workplace health and safety whistleblower protections on a par with other more modern whistleblower laws found in the Consumer Product Safety Improvement Act, the Federal Railroad Safety Act and most recently in the Frank-Dodd financial services bill. It improves whistleblower protection by ensuring a claimant’s right to an adjudicative hearing and extends statutes of limitations from 30 to 180 days.

Problem: OSHA’s criminal penalties are the same since the law was passed in 1970 and civil penalties have only been adjusted once in four decades.

Solution: Increase civil penalties to keep up with inflation and establishes higher penalties when workers are killed due to the violation. It would also make criminal violations a felony instead of a misdemeanor.

Problem: Unlike nearly every other federal penalty, fines for violating workplace health and safety are not indexed to inflation, thereby reducing their effectiveness over time.

Solution: Beginning January 1, 2015, OSHA must adjust civil penalties for inflation at least once every four years.

Problem: Unlike mine safety rules, violations cited by OSHA are not required to be fixed until after appeals are exhausted.

Solution: The bill would require employers to fix serious hazards during the contest period, instead of waiting until employer’s appeal is exhausted, which can take years. Employers would have the right to petition for a stay of an OSHA abatement order, if they can demonstrate likelihood of success on overturning the citation upon appeal and worker health and safety will not be adversely affected.

Problem: Corporate officials are not held accountable for the decisions they make that put workers’ lives at risk.

Solution: Corporate directors and officers would be liable for criminal violations that caused or significantly contributed to the cause death or serious injury.

Problem: Families of victims are shut out of the investigation process

Solution: Families of victims have the right to be heard in the investigative and enforcement process, and requires OSHA to establish family liaisons in every regional office.

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would increase MSHA’s accountability.

Problem: MSHA’s investigations into mine tragedies are not independent.

Solution: The Secretary of Health and Human Services would appoint a five member independent investigative panel to investigate mine accidents with three or more deaths, chaired by a staff member from NIOSH’s Office of Mine Safety and Health Research. The investigation would identify all factors that caused or contributed to the accident, assess whether actions or inactions by MSHA, state regulators, operators or others contributed to accident; and review MSHA’s investigation report.

Problem: Some states do not establish adequate minimum requirements for certifications and do not reach to superintendents.

Solution: The legislation would allow MSHA to certify, recertify, and decertify mine foremen, superintendants and others if equivalent certifications were not established under state law. The bill would allow MSHA to charge a fee for certification. A grant program would be established to improve state mine certification programs.

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would update mine safety standards to prevent explosions.

Problem:  Combustible coal dust limits are based on scientific studies nearly a century old and could allow coal dust explosions to readily propagate.

Solution: The bill would require the use of greater amounts of rock dusting, which holds down the levels of combustible coal dust. The bill mandates new monitoring technology to provide real time rock dust measurements.

The bill would also require the National Institute of Occupational Safety and Health to advise MSHA on the feasibility of using continuous atmospheric monitoring systems to detect explosive levels of methane in underground coal mines.

Problem: Miners starting a new shift do not know what hazards may be present in their working area from the previous shift.

Solution: The bill would require pre-shift communications to incoming miners on hazards and other problems in the mine.

Problem: Additional health and safety training is needed to protect miners and ensure they know their rights.

Solution: The bill would allow MSHA to prescribe additional training beyond current law where a history of non-compliance or accidents indicates a need for additional training. MSHA would also be allowed to include a one-hour refresher training on worker rights and obligations in addition to the eight hours already required by law.

Problem: Even though some mine operators employ more contractors than employees at mine sites, MSHA does not have data on contractor injury rates for each mine, and is too often blind to whether a mine has excessive injuries or illnesses.

Solution: Contractors would be responsible for reporting injuries, illnesses and hours worked at each mine site. Reports to MSHA have to be signed by a responsible individual who holds a certification, which can be revoked for knowingly submitting a false report.

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would ensure miners’ right to blow the whistle on unsafe conditions.

Problem: Many miners are forced to work in unsafe conditions because they fear that they will lose their job if they speak out. 

Solution: The legislation would give miners the right to refuse to work in unsafe conditions.

Problem: Mine operators lack sufficient deterrents for retaliating against miners for blowing the whistle on dangerous working conditions.

Solution: The bill would grant miners the right to refuse to work in unsafe conditions and would extend the statute of limitations for filing a whistleblower complaint from 60 to 180 days. Miners would be able to seek punitive damages in addition to back pay and reinstatement.

The bill would establish civil penalties for whistleblower violations of $10,000 minimum and $100,000 maximum for first whistleblower violation, and $20,000 minimum and $200,000 maximum for repeated violations in a three-year window. 

Criminal sanctions would be establish for those who knowingly retaliate with the intent to adversely impact directly or indirectly the employment or livelihood of those who provide information on health and safety conditions to MSHA or law enforcement officers.

Problem: Mine management or their lawyers often demand attendance when MSHA interviews miners during enforcement matters or investigations, which increase fears of intimidation.

Solution: Miners would have the right to meet with MSHA confidentially. The bill would also prevent mine operator attorneys from also representing individual miners unless the miners knowingly and voluntarily waived the conflict of interest.

Problem:  Some miners fear loss of income for reporting dangerous conditions to safety officials because MSHA may temporarily close a mine and cause a loss of pay.

Solution: Workers will get full pay after the first two shifts when a mine is temporarily closed by MSHA because of safety problems, and full pay thereafter to a maximum of 60 days. Current law only provides 7 days pay after first two shifts.  MSHA can also issue a mine closure order if a mine operator does not pay miners by the next pay period after the mine reopens. Mine operators would be provided a hearing and judgment within 30 days on any order that closes a mine and triggers payments to miners..  

Problem: Even with improved whistleblower protections, at-will employment in inherently dangerous workplaces like underground coal mines leaves miners subject to fear and intimidation when it comes to speaking out on workplace safety. Under current law, employers are free to fire miners for no reason whatsoever, if they are not covered by a labor agreement.

Solution: The bill would provide underground coal miners working at mines “on pattern status” with protections from dismissal for three years, unless the employer has just cause based on reasonable job-related grounds or for other legitimate business reasons.

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would give MSHA better enforcement tools.

Problem: MSHA’s ability to shut down an unsafe mine is limited.

Solution: The legislation clarifies MSHA has the ability to close a mine that is considered a serial violator through a court injunction.

Problem: MSHA lacks subpoena power for investigations and inspections. Under current law, MSHA can only issue a subpoena in context of witnesses for a public hearing.

Solution: The legislation grants MSHA the ability to subpoena in conjunction with the agency’s investigations and inspections.

Problem: Miners are concerned MSHA does not inspect mines during weekend or night-owl operations. 

Solution: The legislation would require that inspections occur on all shifts and days of the week. If inspection times are unpredictable, operators will be motivated to work more safely across all shifts. 

Problem: ome mines alert workers underground of an impending inspection in order to cover up safety problems and direct inspectors away from problem areas. Currently, it is only a misdemeanor to give advance warning of a mine inspection, even though such a “tip off” interferes with MSHA’s ability to detect violations.

Solution: Any person who knowingly provide advance notice of an inspection with the intent to impede, interfere or adversely affect the results of an inspection, could face a felony count, with a maximum five years in prison and a maximum penalty to $250,000 per individual and $500,000 per organization.

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would hold irresponsible mine operators accountable.

Problem: It is only a misdemeanor for underground mine operators to knowingly violate health and safety standards where they knowingly subject miners to a significant risk of serious bodily injury or death.

Solution: Criminal violations for knowing violations of safety standards that expose a miner to a significant risk of serious bodily injury or death in the first instance would be a felony for operators of underground coal mines (and other gassy underground mines)– with punishment of up to five years in jail for a first offense and a maximum of $1 million fine, or both, and ten years for the second offense or $2 million or both.   Knowingly tampering with or disabling a safety device which exposes miners to a significant risk of serious bodily injury or death is also punishable by imprisonment for up to 10 years and or a $ 2 million fine, or both.

Problem: More than $27 million in fines are currently unpaid.

Solution: Mines that are more than 180 days in arrears on paying fines, or failing to live up to a payment plan, would face a mine-wide withdrawal order until payments are made.  

(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)

THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America's Miners

The Miner Safety and Health Act of 2010 (H.R. 5663) would make mines with serious and repeated violations safe for miners.

Problem: Mine owners with repeated and significant safety problems that endanger workers have been able to escape tougher ‘pattern of violation’ sanctions.

Solution: Criteria for ‘pattern of violations’ sanctions would be revamped to ensure that dangerous underground coal mine operations fix chronic problems.

MSHA would have authority to close down an underground coal mine or a “gassy” underground mine once a ‘pattern of violations’ status is triggered. In order to reopen, underground mine operators have to comply with a remediation plan that can include additional training, added staffing, and an effective safety management program, and be subject to double the number of mine inspections and additional reporting requirements.

Mines would pay a fee to cover the cost of these added inspections and face doubled civil penalties for any violations if underground mines do not significantly improve compliance in 180 days. Underground mine operators subject to a ‘pattern of violation’ status would have the right to an expedited hearing from the Mine Safety and Health Review Commission.

MSHA would also put mines’ compliance history and the criteria for pattern status on the agency’s website.

Problem: A backlog of mine operator contests of health and safety violations are clogging up the system, which delays MSHA’s ability to hold our nation’s most dangerous mine operators accountable.

Solution: The legislation will impose prejudgment interest on penalties that are sustained. It would also require the Review Commission to use MSHA’s penalty formulas, instead of vague statutory criteria. By making the system more predictable, there is less incentive to try to game the system by clogging the system and appealing cases regardless of their merit.

WASHINGTON, D.C. – House Democrats today introduced major reforms responding to serious health and safety concerns raised by workers and their families since Massey Energy’s Upper Big Branch Mine tragedy that killed 29 miners and other recent workplace tragedies. The House Education and Labor Committee also announced that the committee will hold a hearing on the bill on July 13.  

The Miner Safety and Health Act of 2010 (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety, empower workers to speak up about safety concerns and give the Department of Labor the tools it needs to ensure that all workers go home safely at the end of the day.

NOTE: This list has been updated to include the entire list of mines with serious safety records overlooked by MSHA.

The federal Mine Safety and Health Administration today released a partial list of mines removed from the potential pattern of violation list by the agency because of resource constraints. MSHA omitted two mines in the list because the agency is currently inspecting those mines.

Last week, the Department of Labor Inspector General’s office reported to Chairman Miller that several mines with serious safety problems were removed by MSHA. U.S. Reps. George Miller (D-CA), Nick Rahall (D-WV), Lynn Woolsey (D-CA), and Sen. Jay Rockefeller (D-WV) asked the Inspector General in April to investigate MSHA’s procedures after MSHA disclosed that a computer error excluded the Upper Big Branch Mine from being notified that the mine may be under a so-called ‘pattern of violations’ (POV) sanctions. Mines identified as having a ‘pattern of violations’ are considered serial violators of health and safety protections.

Complete list of mines identified by OIG as not on PPOV status due to resource limits (updated July 1, 2010):

• Sentinel Mine, International Coal Group Inc (ICG), Wolf Run Mining Company
• No. 1 Mine (Now Bronzite III), Wolford Jeffrey (CONSOL Energy Inc), Jacob Mining LLC (Consol of Kentucky Inc)
• Justice #1, Massey Energy Co., Independence Coal Co.
• Black Castle Mining Co., Massey Energy Co., Elk Run Coal Co.
• Coalburg No. 2 Mine, Richard H. Abraham, Rio Group, Inc.
• Copley Trace Surface Mine, James H. Booth, Argus Energy WV, LLC
• Pond Creek Mine No. 1, Robert Helton, KWV Operations LLC
• Deep Mine No. 8, James H. Booth, Argus Energy WV, LLC
• Mine No. 6 (Now Laurel Fork Mine), Dick J. Plaster (CONSOL Energy Inc), Harvest-Time Coal Inc (Consolidation Coal Company )
  

Despite progress over the last several decades, mining remains one of the most dangerous occupations in the U.S. On April 5, 2010, a massive explosion ripped through Massey Energy’s Upper Big Branch Mine in West Virginia, killing 29 miners and injuring others. This disaster has prompted a public outcry about this and other mines’ safety records and the systemic barriers that prevented recurring safety problems from being addressed.

Leading members of the House and Senate released an outline of legislative concepts to address the serious concerns raised. These reforms would give operators incentives to comply with the law, empower workers to speak up about safety concerns, and ensure that MSHA has the tools it needs to hold unsafe mines accountable to improve their safety. (Read a discussion draft of this legislation)  

Making Mines with Serious and Repeated Violations Safe

• Criteria for ‘pattern of violations’ sanctions would be revamped to ensure that the nation’s most dangerous mine operations improve safety dramatically.

Ensuring Irresponsible Operators are Held Accountable

• Maximum criminal and civil penalties would be increased and operators would be required to pay penalties in a timely manner.  

Giving MSHA Better Enforcement Tools

• MSHA would be given the authority to subpoena documents and testimony. The agency could seek a court order to close a mine when there is a continuing threat to the health and safety of miners. MSHA could require more training of miners in unsafe mines. Increased rock dusting would be required to prevent coal dust explosions.  

Protecting Miners Who Speak out on Unsafe Conditions

• Miners would be granted the right to refuse to work in unsafe conditions. Protections for workers who speak out about unsafe conditions would be strengthened, and miners would not lose pay for safety-related closures. In addition, miners would receive protections so they can speak freely during investigations.  

Increasing MSHA’s Accountability

• The legislative outline provides for an independent investigation of the most serious accidents.  It would require that mine personnel are well-qualified, and ensure that inspections are comprehensive and well-targeted. Requires pre-shift reviews of mine conditions and communication to ensure that appropriate safety information is transmitted.  

Guaranteeing Basic Protections in All Other Workplaces

• To ensure that all  workplaces have basic protections, whistleblower protections would be strengthened, criminal and civil penalties would be increased, and hazard abatement would be sped up. In addition, victims of accidents and their family members would be provided greater rights during investigations and enforcement actions.

Read more about the Committee's work to protect miners

WASHINGTON, D.C. – The deadly explosion at a Middletown, Conn. power plant under construction could have been prevented if there were clear national safety protections, witnesses told members of Congress today. The Workforce Protections Subcommittee of House Education and Labor Committee convened the forum to hear the cause of the explosion and examine ways to prevent similar tragedies from occurring in the future.

“As unbelievable as this sounds, there is no law, regulation or standard or code, either in Connecticut or on the federal level, that directly regulates the ‘gas blow’ procedure in natural gas power plants,” said U.S. Rep. Joe Courtney (D-CT), member of the House Education and Labor Committee. “If we are going to send workers into harm’s way, we need to ensure that they are safe and healthy at work and return to their families each day.” 

The Workforce Protections Subcommittee of the House Education and Labor Committee held a field forum in Middletown, Conn. on Monday, June 28 regarding the Kleen Energy Systems power plant explosion. On February 7, a massive explosion ripped through the natural gas power plant that was under construction killing five workers and injuring dozens.

Shortly after the explosion, Connecticut U.S. Reps. Joe Courtney, Rosa DeLauro, and John Larson requested that the committee hold a proceeding into the tragedy. Rep. Courtney is a member of the Education and Labor Committee.

On Monday, the Workforce Protections Subcommittee of the House Education and Labor Committee held a field forum in Middletown, Connecticut regarding the Kleen Energy Systems power plant explosion. On February 7, a massive explosion ripped through the natural gas power plant that was under construction killing five workers and injuring dozens.

On Thursday, the entire Committee will hold a hearing on H.R.5504, Improving Nutrition for America’s Children Act, bipartisan legislation to improve the nutritional quality of meals in schools and child care settings introduced earlier this month. The bill would dramatically expand access for millions of children to healthy meals year-round in schools, child care, and community based settings and for the first time, establish nutrition standards for foods sold outside of the cafeteria. Currently, over 32 million children rely on the federal child nutrition programs. 

You can view that hearing via our live webcast.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Nick Rahall (D-WV), chairman of the House Natural Resources Committee, asked the Bureau of Energy (BOE), formerly the Minerals Management Service (MMS), to work with the federal Occupational Safety and Health Administration (OSHA) in developing a process safety management regulation.

Process safety management standards are used to prevent or contain a catastrophic release of hazardous materials in high-risk operations present in the chemical and petroleum industries. OSHA has had a process safety management regulation since 1992.

WASHINGTON, D.C. – The U.S. Department of Labor Inspector General today reported that the agency found serious problems how the federal Mine Safety and Health Administration identifies the nation’s most dangerous mines for tighter scrutiny.

U.S. Reps. George Miller (D-CA), Nick Rahall (D-WV), Lynn Woolsey (D-CA), and Sen. Jay Rockefeller (D-WV) asked the Inspector General in April to investigate MSHA’s procedures after MSHA disclosed that a computer error excluded the Upper Big Branch Mine from being notified that the mine may be under a so-called ‘pattern of violations’ (POV) sanctions. Mines identified as having a ‘pattern of violations’ are considered serial violators of health and safety protections.

WASHINGTON, D.C. –House Education and Labor Committee members today raised serious questions regarding important worker safety protections on offshore oil rigs like the Deepwater Horizon.

While the Occupational Safety and Health Administration oversees workplace health and safety within three miles of the U.S. coastline, the United States Coast Guard has the authority to issue worker safety regulations for mobile offshore drilling units the Deepwater Horizon beyond the three mile zone. In addition, the Bureau of Ocean Energy (BOE), formerly known as the Mineral Management Service, covers safety for drilling equipment and industrial systems on drilling rigs.

The House Education and Labor Committee held a hearing on Wednesday, June 23 to examine how worker health and safety is regulated and enforced by various parties from oil rigs themselves to post-accident cleanup operations.

Questions have been raised about who is ultimately responsible for worker health and safety in light of the Deepwater Horizon explosion that killed 11 workers and exposed cleanup workers to toxic chemicals. Representatives from government health and safety agencies testified.

The House Education and Labor Committee will hold a hearing on Wednesday, June 23 to examine how worker health and safety is regulated and enforced by various parties from oil rigs themselves to post-accident cleanup operations.

Questions have been raised about who is ultimately responsible for worker health and safety in light of the Deepwater Horizon explosion that killed 11 workers and exposed cleanup workers to toxic chemicals. Representatives from government health and safety agencies, and industry officials are expected to testify.

WHAT:         
Hearing on “Worker Health and Safety from the Oil Rig to the Shoreline”
 
WHO:            
Rear Admiral Kevin Cook, Director of Prevention Policy for Marine Safety, Security, and Stewardship, U.S. Coast Guard, Washington, D.C.
Dr. John Howard, Director, National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, Washington, D.C.
Dr. David Michaels, Assistant Secretary, Occupational Safety and Health Administration, U.S. Department of Labor, Washington, D.C.
Mr. Doug Slitor, Acting Chief of the Office of Offshore Regulatory Programs, Offshore Energy and Minerals Management, Minerals Management Service, U.S. Department of the Interior, Herndon, Va.

WHEN:         
Wednesday, June 23, 2010
10:00 a.m. EDT
Please check the Committee schedule for potential updates »

WHERE:      
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website.
 

The Workforce Protections Subcommittee of the House Education and Labor Committee will hold a field hearing in Middletown, Conn. on Monday, June 28 regarding the Kleen Energy Systems power plant explosion. On February 7, a massive explosion ripped through a natural gas power plant that was under construction, killing five workers and injuring dozens.

Shortly after the explosion, Connecticut U.S. Reps. Joe Courtney, Rosa DeLauro, and John Larson requested that the committee hold a hearing into the tragedy. Rep. Courtney is a member of the Education and Labor Committee.

WHAT:         
Hearing on, “Examining the Tragic Explosion at the Kleen Energy Power Plant in Middletown, Connecticut”

WHO:           
Witnesses TBA

WHEN:         
Monday, June 28, 2010
10:00 a.m. EDT
Please check the Committee schedule for potential updates »
                        
WHERE:      
Middletown City Hall
City Council Chambers
245 deKoven Drive
Middletown, Conn.

 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today demanded that BP immediately request an evaluation of clean-up workers’ exposure to hazardous chemicals and working conditions from federal occupational health and safety scientists.

“Eleven men lost their lives as a result of this disaster.  Everything possible must be done to ensure that no one else does.  Protecting every worker responding to the oil spill must become a paramount priority for BP,” wrote Miller. “Despite BP’s public statement that it is fully protecting workers, workers are getting sick as part of the response and containment efforts. In addition, there is no independent exposure and medical assessment.”

Responding to reports that workers hired by BP to assist in oil spill cleanup efforts are suffering health issues such as “severe headaches, dizziness, nausea and difficulty breathing”, Chairman Miller today asked OSHA to ensure that there are sufficient agency personnel dispatched to the Gulf of Mexico “to properly and aggressively protect the health and safety of those involved in the [BP] oil cleanup activities.”

Today, the House Appropriations Committee is expected to vote on emergency funding that will help significantly reduce the growing backlog of the more than 16,000 mine operator appeals of safety violations that have put miners’ lives in danger. [Note: The Appropriations Committee's markup of this legislation has been postponed.]

The 2010 Supplemental Appropriations Act would provide $48 million to reverse the growing backlog of mine safety enforcement cases. This includes $7 million to allow the Federal Mine Safety and Health Review Commission to hire 12 additional administrative law judges to adjudicate appeals more quickly, and $37.4 million to prosecute appeals.  It will ensure that there are sufficient resources for the federal Mine Safety and Health Administration to meet 100% of its legally mandated mine inspection requirements, despite added demands on inspectors to help support a tripling of the disposition of contested cases.

In February, the committee found that a flood of mine owner appeals is undermining efforts to protect miners by delaying tougher sanctions. A dangerous mine cannot face tougher penalties or increased scrutiny by MSHA unless citations are fully adjudicated. Because of this backlog of appeals, cases now take several months or years to be resolved.

According to data provided by the Review Commission, if current trends and funding for the agency remain the same, the backlog would dramatically increase to 47,000 cases by 2020.

In April, the committee released an internal MSHA list of 48 mines that have escaped potential tougher sanctions because of unresolved appeals filed by mine operators. The list includes the Upper Big Branch Mine in West Virginia where 29 miners lost their lives in an explosion on April 5.   

Today, Chairman George Miller commented on BP's poor record on worker safety and protecting the environment:

“BP has a history of cost cutting. They have a history of workers dying on the job. They have a history of failing to maintain their equipment that has led to environmental disasters. What we’re seeing in the Gulf of Mexico and along the coast today is just the latest example of BP playing Russian roulette with the lives of their workers, our precious environment, and local economies -- all in the name of increasing profit at what is already one of the most profitable corporations in the world."

Read the full press release and text of Rep. Miller's statement at a Natural Resources Committee hearing.

WASHINGTON, D.C. – Below is the opening statement from U.S. Rep. George Miller (D-CA), for yesterday’s field hearing in Beckley, West Virginia on “The Upper Big Branch Mine Tragedy: Testimony of Family Members.” On April 5, an explosion in Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia killed 29 miners. It was the worst mine disaster in this country in nearly four decades.

Read opening statements and listen to audio
 

Yesterday, Chairman Miller and other Members of the Education and Labor Committee traveled to Beckley, West Virginia to hear from family members of those killed in the Upper Big Branch Mine explosion.

Governor Manchin said, "That is why, since the tragedy at Upper Big Branch, my main objectives have been to: determine what occurred, make certain it does not happen again, and determine whether there was intimidation or any other action at Upper Big Branch that put profits ahead of safety."

Gary Quarles testified, "Safety inspections were much different in the union mines I’ve worked at versus the nonunion Massey mines. When an MSHA inspector comes onto a Massey mine property, the code words go out “we’ve got a man on the property.” Those words are radioed from the guard gates and relayed to all working operations in the mine. The mine superintendent and foreman communicate regularly by phone, and there are signals that require the foreman who is underground to answer the phone. That is one way that the message is conveyed that an inspector is on the property. When the word goes out, all effort is made to correct any deficiencies or direct the inspector’s attention away from any deficiencies."

Stanley "Goose" Stewart recalled, "I also know firsthand how bad conditions were at the mine and want everyone to know. In fact, last July, I told my wife, Mindi, “If anything happens to me, get a lawyer and sue the [blankety blank] out of them! That place is a ticking time bomb.” Only I didn’t say “blankety blank” to her because I was so scared – and mad!"

For audio of this testimony and testimony of others, visit our hearing page, The Upper Big Branch Mine Tragedy: Testimony of Family Members.

Below the fold is the NBC story on the hearing.

The House Education and Labor Committee announced today that the committee will hold a field hearing in Beckley, West Virginia on the worst mining tragedy in the U.S. in almost four decades. On April 5, an explosion at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia killed 29 miners and injured others.

More information on the committee’s work to protect the health and safety of America’s miners.

WASHINGTON, DC – The U.S. House of Representatives today granted the Education and Labor Committee the authority to compel witnesses to give depositions as part of the committee’s oversight into mine health and safety. 

The House Education and Labor Committee announced today that the committee will hold a field hearing in Beckley, West Virginia on the worst mining tragedy in the U.S. in almost four decades. On April 5, an explosion at Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia killed 29 miners and injured others.

For more information on the committee’s work to protect the health and safety of America’s miners, click here.

WHAT:          
Hearing on “The Upper Big Branch Mine Tragedy: Testimony of Family Members”

WHO:            
Witnesses TBA

WHEN:         
Monday, May 24, 2010
9:00 a.m. EDT

WHERE (updated on May 14):      
Room C
Beckley-Raleigh County Convention Center
200 Armory Drive
Beckley, WV

WASHINGTON, D.C. – In light of a fourth fatal mine tragedy this month, U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today called on the nation’s coal mine operators to redouble efforts to ensure that miner safety is a top priority. In a letter to the nation’s two leading coal mine operator associations, Miller and Woolsey asked mine owners to partner with their workers in indentifying and fixing safety problems without fear of retribution.

WASHINGTON, D.C. – Legislation is needed to modernize federal laws that protect workers who blow the whistle on unsafe working conditions and ensure victims of workplace accidents have a voice an investigation, witnesses told the Workforce Protections Subcommittee of the House Education and Labor Committee today.  

Today in America, an average 14 workers still die on the job daily, a fact driven home by the recent tragedy at the Upper Big Branch mine where 29 miners were killed on the job. Chairman George Miller explains in a CNN op-ed how we can make our coal mines and workplaces safer:

"Hi Deb and Sara. I'm still OK at 2:40 pm. I don't know what is going on here and outside. We don't hear any attempts at drilling or rescue. The section is full of smoke and fumes so we can't escape. We are all still alive at this time."

George Hamner Jr. wrote these words to his family while trapped, along with 12 other miners, after an explosion in their coal mine. Soon after, Hamner and 11 of his coworkers died at the Sago Mine in West Virginia. That was more than four years ago.

Unfortunately, the workers who go into our nation's mines each day, who produce the coal that heats our homes and lights our offices, still face the same hazards that have already led to far too many tragic deaths. In large part, this is because of an industry that has staunchly opposed reforms and has lobbied hard to stymie any real efforts to hold companies accountable for the safety of their workers.

On Sunday, our nation paused to commemorate the 29 fallen miners of the Upper Big Branch mine. Like George Hamner, these 29 miners lived in West Virginia. And like George Hamner, they died from an explosion that probably could have been prevented.

Today is the 21st anniversary of Workers Memorial Day, which honors the workers who lose their lives, become injured or develop an illness on the job each year.

Although Upper Big Branch was the worst U.S. mining accident since 1970, it was only one of three horrific workplace catastrophes during April alone. Last week, 11 workers died in an explosion on the Deepwater Horizon oil rig in the Gulf of Mexico. And three days before the blast at Upper Big Branch, seven workers perished in an explosion at the Tesoro oil refinery near Seattle, Washington.

These explosions are a reminder that, although we have made some strides in workplace safety, unacceptable risks still remain for our workers. The AFL-CIO reports that in the United States in 2008, 5,214 workers were killed on the job -- an average of 14 workers every day. We have to do better.

The causes of these recent explosions are under investigation. But clear and common traits exist in each of them: a pattern of serious safety violations and a corporate culture that valued production over workers' safety.

Take the Upper Big Branch mine12. Two months ago, my committee -- the House Education and Labor Committee -- learned the methods mine operators use to game the system and skirt some of the tougher sanctions implemented after the Sago explosion. While some companies have prioritized safety, others have responded by indiscriminately challenging nearly every violation.

By flooding the system with unwarranted appeals, these companies have been able to avoid stiffer accountability. The consequences of these delays can be deadly.

In August, the Mine Safety and Health Administration identified 48 mines that were able to escape tougher scrutiny because of these unresolved appeals. Upper Big Branch was one of them.

So was the nearby Pocahontas Mine, where a miner was killed last week.

Loopholes in our safety laws aren't exclusive to mining. Sadly, penalties for companies that violate health and safety laws are woefully outdated. Multimillion-dollar corporations often face little more than a slap on the wrist for potentially fatal violations.

Without effective enforcement, it's easy for bad actors to become repeat offenders. And without adequate whistle-blower protections, workers who want to report hazards often live in fear of retribution.

According to The New York Times, one Upper Big Branch foreman recalled, "I have had guys come to me and cry" because they were too afraid to report concerns about high methane levels in the mine. Workers shouldn't have to choose between losing their lives and losing their jobs.

These tragedies call for immediate reforms that will make all workplaces safer.

First, we must start to clear the backlog of mine safety appeals. There are more than 16,700 backlogged cases before the Federal Mine Safety and Health Review Commission -- and only 14 judges to handle them. Simple math tells us this isn't a workable equation; at least double that number of judges is needed to significantly reduce this backlog. Congress should immediately allocate funding to hire them.

Second, existing proposals should serve as a starting point for comprehensive workplace safety improvements. In 2008, I was the author of legislation that would have strengthened mine disaster prevention efforts, improved emergency responses and reduced long-term health risks to miners. The S-MINER Act passed the House but died in the Senate under a veto threat. We don't know whether it would have prevented the Upper Big Branch tragedy, but it certainly could have helped.

Finally, Congress should pass the Protecting America's Workers Act, which would modernize safety protections for workers across all industries through stronger penalties, whistle-blower protections and meaningful accountability when employers break the law.

Four years ago, I made a promise to George Hamner's widow, Debbie, and the many other families who lost a loved one that year in the Sago, Darby and Aracoma Alma mine tragedies. I told them we would do everything we could to heed the lessons of those disasters and keep other miners safe.

On this Workers Memorial Day, it's time to live up to this promise for all the families of workers who have lost their lives on the job and all working men and women across our country. We can't afford to let another year -- or four -- pass us by.

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Wednesday on a proposal to strengthen protections for workers who blow the whistle on dangerous workplace conditions, and guarantee a voice for families of workers killed, and those who are seriously injured, or become ill on the job.

Among other provisions, the Protecting America’s Workers Act (H.R. 2067) and proposed changes to legislation, would update workplace whistleblower protections by mirroring other modern whistleblower statutes, such as the Consumer Product Safety Improvement Act. The bill would also ensure that victims and their families are kept informed about investigations of fatalities and incidents involving serious injuries or illnesses.

The Workforce Protections Subcommittee of the House Education and Labor Committee will hold a hearing Wednesday on a proposal to strengthen protections for workers who blow the whistle on dangerous workplace conditions, and guarantee a voice for families of workers killed, and those who are seriously injured, or become ill on the job.

Among other provisions, the Protecting America’s Workers Act (H.R. 2067) and proposed changes to legislation, would update workplace whistleblower protections by mirroring other modern whistleblower statutes, such as the Consumer Product Safety Improvement Act. The bill would also ensure that victims and their families are kept informed about investigations of fatalities and incidents involving serious injuries or illnesses.

WHAT:                
Hearing on “Protecting America’s Workers Act: Ensuring a Voice for Whistleblowers and Families of Victims”

WHO:                 
Jordan Barab, Deputy Assistant Secretary of Labor for Occupational Safety and Health, Washington, D.C.
Lloyd B. Chinn, partner, Proskauer Rose LLP, New York, New York
Tonya Ford, niece of Robert Fitch, a worker killed at an Archer Daniels Midland plant, Lincoln, Nebraska
Neal Jorgensen, whistleblower formerly employed at Plastic Industries, Preston, Idaho
Dr. Celeste Montforton, assistant research professor, Department of Environmental and Occupational Health, The George Washington University, Washington, D.C.
Dennis J. Morikawa, Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvania
Lynn Rhinehart, general counsel, AFL-CIO, Washington, D.C.

WHEN:              
Wednesday, April 28, 2010
10:00 a.m. ET
Please check the Committee schedule for potential updates »

WHERE:           
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website. 

Proposed Changes to the Protecting America’s Workers Act (March 3, 2009)

Read the full discussion draft »

TITLE II
Whistleblower Protections under Title II
The proposed changes align the OSHA whistleblower provisions with other modern whistleblower laws, such as the Consumer Product Safety Improvement Act.  Whistleblowers would have access to the federal courts, if the Department of Labor’s Administrative Law Judges or the Administrative Review Board fails to comply with time deadlines.

In addition, the proposed changes would provide that whistleblower rights are not waivable through employment agreements or collective bargaining agreements, and that an individual’s right to bring a claim under OSHA’s whistleblower provisions do not preclude claims under other state or federal laws.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, issued a statement today after a miner died at a coal mine listed by federal mine safety officials as facing potential higher sanctions if not for a backlog of thousands of owner appeals. A 28-year old miner at the Pocahontas Mine in Raleigh County, West Virginia was crushed between a continuous miner and the mine wall last night. The miner died this morning. 

WASHINGTON, D.C. – Employers should be incentivized to help employees achieve a healthy work-life balance amid Americans’ changing responsibilities at home and in the work place, witnesses told the House Workforce Protections Subcommittee today.

U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, issued the following statement on President Barack Obama’s comments after meeting with U.S. Secretary of Labor Hilda Solis, the head of the Mine Safety and Health Administration, Joe Main, and Administrator for Coal Mine Safety and Health, Kevin Stricklin, on the Upper Big Branch Mine tragedy.

Chairman George Miller was on the Ed Show tonight talking about the Upper Big Branch Mine explosion.

Chairman Miller said, "This is about whether the Congress of the United States will finally stop letting the mining companies manipulate this legislation. Manipulate as we consider the legislation and water it down then manipulate the implementation and manipulate the enforcement. We see a pattern and a practice here that is very disturbing. It looks to me like a conscience corporate decision to run these mines at the edge and the margin of safety. That margin was subsidized by the safety the miners."

Watch the entire interview below.


Also, read Chairs Miller and Woolsey Statement on the West Virginia Mine Tragedy, Chairs Miller, Rahall, Woolsey Call for IG Investigation of MSHA Penalty Enforcement System, and Chair Miller Releases List of Dangerous Mines Escaping Tighter Scrutiny.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released a list of 48 mines identified by federal mine safety officials in August 2009 for increased scrutiny, but were not targeted due to unresolved appeals filed by mine operators. The list includes the Upper Big Branch Mine in West Virginia where 29 miners lost their lives in an explosion on April 5.

“In the name of deep public interest, today I am releasing information important to the immediate health and safety of our nation’s miners. We owe it to the families of these fallen miners, all mining communities across the country, and the American people to ensure that all relevant information regarding potentially dangerous conditions at mines be made public, especially as investigations into the explosion at the Upper Big Branch mine continue. Mine operators who game the system to avoid tough scrutiny by federal safety officials must be held accountable,” said Miller.

(Below is Chairman Miller's prepared floor statement on the House resolution on the Upper Big Branch Mine Explosion (H.Res. 1236).)

On Monday, April 5th, an explosion rocked the Upper Big Branch coal mine in Montcoal, West Virginia, killing 29 miners and injuring others. This was the worst mine disaster in the United States in almost four decades.

For over two centuries, millions of West Virginians’ livelihoods have depended on extracting the state’s rich coal deposits. Coal has left an indelible mark on communities throughout West Virginia and Appalachia. For many of these communities, the mine may be the only way to earn a decent living. These miners are proud. Coal is in their blood, it is their tradition, and it is their career. But, we also know that underground mining is one of the most dangerous jobs in the world.

The New York Times has begun to look at the Big Branch Mine tragedy and what lessons might be learned to avoid future accidents and loss of life.

The Upper Big Branch mine, where the explosion occurred, is a case in point. According to a 2007 agency letter to the Massey Energy Company, the mine’s owner, Upper Big Branch had incurred 204 safety violations just in the previous two years. Disturbingly, the agency soon pronounced itself satisfied that Massey had addressed the problems. But in the past two years, the mine has been cited repeatedly for safety violations, many of them serious, and some involving improper ventilation.

These alarming numbers should have given the agency sufficient ammunition to prove a “pattern” of violations, a necessary precondition for shutting the operation. But the agency’s procedures prevent it from taking decisive action until the appeals process runs its course, and industry has become remarkably adept at prolonging legal challenges for months or years.

Federal officials say the backlog has been holding up strong enforcement action — including shutdowns — against 48 mines, one of which is the Massey mine.

Strengthening the agency means strengthening the Mine Safety and Health Act of 1977. Regulators lack subpoena power, a basic investigatory tool. Violations of safety standards that lead to deaths are mere misdemeanors. The agency also needs more inspectors and administrative judges to deal with the appeals backlog.

Representative George Miller, the California Democrat who leads the House Education and Labor Committee, is eager to begin addressing these deficiencies, as is his Senate counterpart, Tom Harkin, an Iowa Democrat. Both are scheduled to hold hearings.

Read the entire editorial and Chairman Miller's call for a hearing on this tragedy.

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA), chair of the House Education and Labor Committee, Nick Rahall (D-WV), chair of the House Natural Resources Committee, and Lynn Woolsey (D-CA), chair of the House Workforce Protections Subcommittee, today called on the U.S. Department of Labor Inspector General to investigate the disclosure that a computer error prevented the federal Mine Safety and Health Administration from issuing a letter to the Upper Big Branch mine in Montcoal, West Virginia warning them that the mine may be under a so-called ‘pattern of violations.’ The chairs also asked the Inspector General to look at how MSHA uses their ‘pattern of violation’ enforcement.

Following the tragic accident at the Upper Big Branch mine, the New York Times reports that deaths at West Virginia mine raise issues about safety.

Rescue workers began the precarious task Tuesday of removing explosive methane gas from the coal mine where at least 25 miners died the day before. The mine owner’s dismal safety record, along with several recent evacuations of the mine, left federal officials and miners suggesting that Monday’s explosion might have been preventable.

In the past two months, miners had been evacuated three times from the Upper Big Branch because of dangerously high methane levels, according to two miners who asked for anonymity for fear of losing their jobs. Representative Nick J. Rahall II, a Democrat whose district includes the mine, said he had received similar reports from miners about recent evacuations at the mine, which as recently as last month was fined at least three times for ventilation problems, according to federal records.

The exact cause of this blast is unknown and will be investigated only after the rescue effort is complete.

Rep. George Miller, the chair of the House Education and Labor Committee, and U.S. Rep. Lynn Woolsey, the chair of the Workforce Protections Subcommittee said, “Working with the Department of Labor and the federal Mine Safety and Health Administration, we intend to look into this tragedy and convene hearings at the appropriate time. However, the only job that matters right now is the job of reaching trapped miners while limiting, as much as possible, the risk to those brave rescuers.”

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chair of the House Education and Labor Committee, and U.S. Rep. Lynn Woolsey (D-CA), the chair of the Workforce Protections Subcommittee, issued the following statement on yesterday’s tragic Upper Big Branch Mine Explosion in West Virginia.

“Our thoughts and prayers are with the families and community who lost loved ones in yesterday’s mine tragedy and with those who still have loved ones trapped in the mine. We grieve the loss of the 25 brave men who descended into the mine yesterday only to perish in this tragic accident.

“Over the past few years, we have met too many family members who have suffered the tragic loss of loved ones in a mine disaster. On behalf of the committee, we promised them that we would do everything we could to learn the cause of these tragedies and to keep miners safe. Today, we extend this same promise to the families and community dealing with a devastating loss.

“Working with the Department of Labor and the federal Mine Safety and Health Administration, we intend to look into this tragedy and convene hearings at the appropriate time. However, the only job that matters right now is the job of reaching trapped miners while limiting, as much as possible, the risk to those brave rescuers.”

In February, the committee held a hearing on mine operators appealing mine safety citations at an alarming rate. For more information on the committee’s efforts on mine safety, click here.

Twenty-five miners were killed yesterday afternoon in a devastating mine explosion at Massey Energy's Upper Big Branch Mine in West Virginia.  Currently, four miners are still missing.

The Charleston Gazette tells the story:

The accident occurred at about 3 p.m. at Massey Energy subsidiary Performance Coal Co.'s Upper Big Branch Mine-South.

Stricklin said at a briefing just after 2 a.m. Tuesday that 25 miners were killed in the explosion.

The explosion is the deadliest mine disaster in the United States since 1984, when 27 people were killed at a Utah mine.

Stricklin said the explosion is believed to have occurred near shift change as a crew was exiting the operation in a mantrip, an underground mine vehicle.

The Gazette reports that the mine's safety record was worse than the national average:

The Upper Big Branch Mine-South employs about 200 workers and last year produced about 1.2 million tons of coal, according to company disclosures filed with MSHA.

In seven of the last 10 years, the mine has recorded a non-fatal injury rate worse than the national average for similar operations, according to MSHA statistics.

Between 2008 and last year, safety violations at the operation more than doubled and fines issued by MSHA tripled, according to agency records.

The Committee on Education and Labor has been working to improve mine safety, most recently investigating whether a growing backlog of contested mine safety cases have impacted MSHA's ability to protect miners' safety and prevent future tragedies.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, issued the following statement on President Barack Obama’s recess appointments of Craig Becker and Mark Pearce to the National Labor Relations Board. The five-member board currently has only two members, with one member’s term set to expire in August. 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chair of the House Education and Labor Committee, issued the following statement today after President Obama nominated Dr. Rafael Moure-Eraso and Mark Griffon the U.S. Chemical Safety and Hazard Investigation Board. Moure-Eraso was nominated to be chair of the board. 

Witnesses told the Workforce Protections Subcommittee that legislation to strengthen and modernize workplace health and safety laws will save lives and hold employers accountable if they knowingly put their workers in danger.

“There is no question that [current health and safety law] has saved hundreds of thousands of lives and countless others have avoided preventable illnesses and injuries,” said U.S. Rep. Lynn Woolsey (D- CA), chair of the subcommittee. “But we cannot claim victory because more than 5,000 workers a year are still killed on the job, 50,000 die from occupational disease, and millions of others become seriously ill or injured.”

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on legislation to modernize workplace health and safety penalties.

The Protecting America’s Workers Act (H.R. 2067), introduced by U.S. Rep. Lynn Woolsey (D- CA), chair of the subcommittee, will strengthen and modernize the Occupational Safety and Health Act, the law that ensures the health and safety of American workers.

Chairman Miller and House leaders are working this week on the Student Aid and Fiscal Responsibility Act and health insurance reform.

There will also be three hearings this week on the Protecting America's Workers Act, the administration's ESEA reauthorization blueprint, and addressing the needs of diverse students.

On March 16, the Workforce Protections Subcommittee of the House Education and Labor Committee will hold a hearing on legislation to modernize workplace health and safety penalties.

The Protecting America’s Workers Act (H.R. 2067), introduced by U.S. Rep. Lynn Woolsey (D- CA), chair of the subcommittee, will strengthen and modernize the Occupational Safety and Health Act, the law that ensures the health and safety of American workers.

WHAT:         
Hearing on “Protecting America’s Workers Act: Modernizing OSHA Penalties”

WHO:             
Panel 1           
John Cruden, Acting Assistant Attorney General, Environment and Natural Resources Division, Department of Justice, Washington, D.C.
David Michaels, Assistant Secretary of Labor for the Occupation Safety and Health Administration, Washington, D.C.  

Panel 2           
Eric Frumin, health and safety coordinator, Change to Win, New York, N.Y.
Jonathan Snare, partner, Morgan, Lewis & Bockius LLP, on behalf of the Chamber of Commerce, Washington, D.C.

WHEN:         
Tuesday, March 16, 2010
10:00 a.m. EST
Please check the Committee schedule for potential updates »

WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website.

Yesterday, Rep. Phil Hare's blogged that the backlog of contested mine safety cases puts miners at risk prior to our committee hearing.

The Charleston Gazette reported on what the witnesses said at that hearing:

Mine operators have tripled their appeals of safety citations and fines in an effort to block tougher enforcement actions for repeat violations, members of a congressional hearing were told Tuesday.

Companies formally challenged about 9,200 citations or fines issued by the U.S. Mine Safety and Health Administration in 2009, up from 2,400 new appeals in 2005, according to testimony at a hearing of the House Education and Labor Committee.

The Louisville Courier-Journal noted that:

Coal operators in Kentucky, Indiana and other states are challenging so many citations that the resulting backlog is allowing repeat violators to endanger the safety of miners, Main told the House Education and Labor Committee.

The committee chairman, Rep. George Miller, D-Calif., held up a stack of 16,000 backlogged cases at the Federal Mine Safety and Health Review Commission. Just four years ago, the backlog was about 2,700 cases.

“This staggering caseload will render federal efforts to hold bad mine operators accountable meaningless,” Miller said. “It is unacceptable.”

The Pittsburgh Post-Gazette reported on the effectiveness of higher levels of enforcement:

Bruce Watzman, of the National Mining Association, emphasized that there have been great strides in safety since 2006, when 12 miners died in an explosion at Sago. Sago, combined with deaths at the Aracoma Alma No. 1 Mine in West Virginia and at the Darby Mine in Kentucky, focused national attention on the issue.

In 2009, 34 U.S. miners died on the job, an all-time low.

Wrapping up the hearing coverage, West Virginia Public Radio concluded:

MSHA chief, Joe Main says he is also looking at the option to hold conferences between operators and MSHA officials before the owners can file an appeal. He also said he would encourage accuracy at the mines during inspections.

"We also must diminish the incentives for operators who appear to be developing a pattern of significant substantial safety violations to contest simply to delay enforcement," he said.

The meeting wrapped up with suggestions from Miller to take a closer look at operators appealing the majority of citations issued as well as a need from Congress to help with resources.

Read the testimony, view some photos, and watch the webcast or video testimony from yesterday's hearing on reducing the growing backlog of contested mine safety cases.

WASHINGTON, D.C. – A flood of mine owner appeals of health and safety violations are delaying tougher penalties for the country’s most dangerous mines and undermining efforts to protect miners, witnesses told the House Education and Labor Committee today. 

On Tuesday, February 23, the U.S. House Education and Labor Committee will hold a hearing to assess whether a backlog of mine safety enforcement actions are adversely impacting the Mine Safety and Health Administration’s ability to protect miners’ safety and prevent future tragedies, and to evaluate options to remedy the problem.

There is a rapidly growing number of mine safety enforcement cases currently pending before the Federal Mine Safety and Health Review Commission (FMSHRC), a small independent agency which provides administrative trial and appellate review of contested citations, penalties, and worker retaliation cases. As the result of stepped-up enforcement and tougher penalties after a spate of mine tragedies in 2005 and 2006, mine owners tripled the number of violations they appeal and are now litigating 67 percent of all penalties. The backlog of cases FMSHRC must review has jumped from 2,100 in 2006 to approximately 16,000 today.

(This is a guest blog post by Rep. Phil Hare, a member of the Committee on Education and Labor.)

One of the most unforgettable and heartbreaking moments of my Congressional career occurred at an Education and Labor Committee hearing on mine safety in October of 2007. During that hearing, a young boy whose father had perished in the Crandall Canyon mine disaster came up to me and asked me if I could attend one of his soccer games because his “Daddy was in heaven and couldn’t go.” As our Committee reexamines mine safety today, we must commit ourselves to doing everything in our power to not let this happen to another family.

Today our committee will be examining ways to reduce the growing backlog of approximately 16,000 mine safety enforcement cases currently pending before the Federal Mine Safety and Health Review Commission (FMSHRC). FMSHRC is a small, independent agency which provides administrative review of contested citations, penalties, and worker retaliation cases arising under the Federal Mine Safety and Health Act of 1977 (Mine Act). In 2006, FMSHRC’s backlog was only 2,100 cases, but with increased penalties mandated by amendments to the 2006 Mine Act, a number of mine owners and operators are contesting most if not all of their violations.

This week the Committee has two hearings scheduled:

• "Reducing the Growing Backlog of Contested Mine Safety Cases," on Tuesday, February 23.
• "H.R. 4330, the All Students Achieving through Reform Act of 2009," on Wednesday, February 24.
  

Chairman Miller and House leaders will also continue to work on health insurance reform, attending the bipartisan White House summit on Thursday, February 25.

On Tuesday, February 23, the U.S. House Education and Labor Committee will hold a hearing to assess whether a backlog of mine safety enforcement actions are adversely impacting the Mine Safety and Health Administration’s ability to protect miners’ safety and prevent future tragedies, and to evaluate options to remedy the problem.

There is a rapidly growing number of mine safety enforcement cases currently pending before the Federal Mine Safety and Health Review Commission (FMSHRC), a small independent agency which provides administrative trial and appellate review of contested citations, penalties, and worker retaliation cases. As the result of stepped-up enforcement and tougher penalties after a spate of mine tragedies in 2005 and 2006, mine owners tripled the number of violations they appeal and are now litigating 67 percent of all penalties. The backlog of cases FMSHRC must review has jumped from 2,100 in 2006 to approximately 16,000 today.

WHAT:         
Hearing on “Reducing the Growing Backlog of Contested Mine Safety Cases”

WHO:            
Mary Lu Jordan, Chairman, Federal Mine Safety and Health Review Commission
Joe Main, Assistant Secretary of Labor for the Mine Safety and Health Administration
Cecil Roberts, President, United Mine Workers of America
Bruce Watzman, Vice President for Safety, Health and Human Resources, National Mining Association
                     
WHEN:         
Tuesday, February 23, 2010
10:00 a.m. EST
Please check the Committee schedule for potential updates »

WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

 

In response to the tragic explosion at the Kleen Energy Systems power plant in Middletown, Connecticut on Sunday, Chairman Miller has agreed to hold a Congressional hearing at the request of Reps. Courtney, DeLauro, and Larson.

The members have surveyed the damage in Middletown and requested that Chairman Miller hold a hearing to “review what went wrong and to make sure that all appropriate measures are put in place to prevent this type of catastrophe from happening again.”

A hearing date has not been scheduled at this time.  The House Education and Labor Committee oversees workplace and employee safety issues.  Congressman Courtney is a member of the committee.

WASHINGTON, D.C. – Secretary of Labor Hilda Solis told the House Education and Labor Committee today that the U.S. Department of Labor is both helping the economy recover and improving American workers’ lives by strengthening basic workplace protections, and training workers for new and better jobs.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), the chair of the Workforce Protections Subcommittee, today applauded last evening’s U.S. Senate confirmation of Dr. David Michaels as Assistant Secretary of Labor for Occupational Safety and Health.

WASHINGTON, D.C. – Ensuring workers have access to paid sick leave can help slow the spread of highly contagious illnesses like the H1N1 flu virus, witnesses told the House Education and Labor Committee today. By giving workers access to paid sick leave, employees will not be forced to choose between losing pay and infecting co-workers and the public.

The House Education and Labor Committee held a hearing Tuesday, November 17 on how employer paid sick leave policies can help slow the spread of contagious diseases, like the H1N1 flu virus.

At least 50 million American workers currently do not have access to paid sick leave, many in lower-wage industries that have direct contact with the public such as food-service, hospitality industry, schools and health care fields. The Centers for Disease Control estimates that a sick worker will infect one in ten co-workers. As a result, the CDC and other public health officials have advised employers to be flexible when dealing with sick employees and to develop leave policies that will not punish workers for being ill.

On November 3, U.S. Rep. George Miller (D-CA), chairman of the committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, introduced the Emergency Influenza Containment Act (H.R. 3991). The temporary legislation will guarantee up to five paid sick days for a worker sent home or directed to stay home by an employer for a contagious illness, such as the H1N1 flu virus.

For more information on the bill, click here.

WASHINGTON, D.C. – The Government Accountability Office (GAO) issued a report today that found that incentives for employers and workers to underreport illness not only adversely impacts the accuracy of data that the federal Occupational Safety and Health Administration (OSHA) uses to target unsafe workplaces, but also has put pressure on health professionals to change diagnoses or provide insufficient treatments.

In response to President Obama's declaration of the H1N1 flu as a national emergency and federal health and labor officials urging sick workers to stay home, Rep. George Miller and Rep. Lynn Woolsey introduced the H1N1 Flu Emergency Sick-Leave Bill. It would provide five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus.

Today the Los Angeles Times wrote an excellent article on why this legislation is necessary. As they said, "For many ill with the flu, staying home isn't an option." And they explained it this way:

For now, some feel torn between public health and protecting their jobs. Nationwide, 84% of workers said they felt pressured to come to work sick because of the recession, according to a September poll by Vancouver-based Angus Reid Strategies. The poll also showed that 69% of workers had not been offered vaccines or other precautions from employers.

One in six workers say they or a family member have been fired, suspended, punished or threatened for staying home sick or caring for a sick relative, according to a survey last year by the Washington, D.C.-based Public Welfare Foundation. Many large employers, such as Disney and Wal-Mart, dock workers disciplinary points for staying home even when they are ill.

"We are seeing more and more stories of workers who are infected with the virus but can't afford to stay home because they don't have paid sick leave," Miller said. "This puts both their co-workers and their customers at risk -- and could cost their employers money in lost productivity."

Chairman Miller cited an estimate, based on a 2004 study at Emory University, that the economy loses $180 billion in productivity a year when sick employees show up to work. The H1N1 Flu Emergency Sick-Leave Bill covers both full-time and part-time workers (on a pro-rated basis) in businesses with 15 or more workers. Employers that already provide at least 5 days’ paid sick leave are exempt. Additionally, an employer can end paid sick leave at any time by informing the employee that the employer believes they’re well enough to return to work. Providing security for employees who follow their employer’s direction to stay home because of contagious illness, they could not be fired, disciplined or made subject to retaliation for following directions. This bill would take effect 15 days after being signed into law and sunsets after two years.

According to the article, providing sick leave is not only good for the employee, but also beneficial to the bottom line.

Some employers say paid sick leave saves them money in the long run.

"If they're sick and they're getting other employees sick, that's just going to impact our employees more," said April Boduc, a spokeswoman for San Diego-based Sempra Energy, which gives employees 10 paid sick days a year and allows them to bank unused days and donate vacation days to sick co-workers.

Earlier today, Chairman Miller and Rep. Lynn Woolsey, chair of the Workforce Protections Subcommittee, announced emergency temporary legislation today that will guarantee five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus.

The Wall Street Journal reports, "House Education and Labor Committee Chairman George Miller said his bill would ensure that workers wouldn't miss out on wages if they contract the illness. The employer would be required to pay for the sick leave, and there would be no cost to the taxpayer, Mr. Miller said.

The bill wouldn't oblige employers to pay for workers' time off. It would tell them that, if they intend to send employees who are ill home, they must then pay for them to have up to five days' leave.

Mr. Miller said his panel would hold a hearing on the legislation the week of Nov. 16. If the bill is successfully enacted by Congress, it would take effect 15 days after being signed into law, and expire in two years."

Explaining why this bill is needed, Contra Costa Times quotes Chairman Miller, "Sick workers advised to stay home by their employers shouldn’t have to choose between their livelihood, and their co-workers’ or customer’s health. This will not only protect employees, but it will save employers money by ensuring that sick employees don’t spread infection to co-workers and customers, and will relieve the financial burden on our health system swamped by those suffering from H1N1.”

And the next steps according to Reuters are, "Miller said the committee would hold a hearing the week of November 16 and he would press to have a full vote as soon as possible.

Miller said at least 50 million American workers are not paid for time taken off sick, 'many in lower-wage jobs that have direct contact with the public such as the food-service and hospitality industry, schools and health care fields.'"

For more background on who does and doesn't get sick leave, see this post on the New York Times' Economix blog.

WASHNGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, announced emergency temporary legislation today that will guarantee five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. The House Education and Labor Committee will hold a hearing on the legislation the week of November 16.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today released a statement on the federal Occupational Safety and Health Administration’s announcement of a record $87 million proposed fine against BP Products North America for its failure to correct serious health and safety standards at the company’s Texas City, Texas refinery – the location of a 2005 explosion that killed 15 and injured 180 and has killed four more since.

WASHINGTON, D.C. – Stronger federal oversight of state-run health and safety programs is needed to ensure that states provide workers with basic on-the-job protections, witnesses told the U.S. House Education and Labor Committee. Serious questions were raised after a federal Occupational Safety and Health Administration review of Nevada OSHA found significant gaps in the agency’s protections.

The U.S. House Education and Labor Committee held a hearing on Thursday, October 29 to examine the federal Occupational Safety and Health Administration’s critical review of Nevada’s workplace health and safety program. OSHA reviewed Nevada’s health and safety program between January 2008 and June 2009 and found a number of deficiencies with the plan. A spate of accidents drew national attention during the city’s building boom that killed 12 construction workers on the Las Vegas strip over an 18-month period between 2006 and 2008.

To read the OSHA review of the Nevada health and safety program, click here.

To learn more, visit this blog post.

The Las Vegas Sun lays out what is at stake in tomorrow's hearing about OSHA findings and recommendations for Nevada’s Workplace Health and Safety Enforcement Program. They say:

Why did the state agency charged with keeping workers safe on the job fail so badly — and are those failures symptomatic of a national problem?...At stake could be Nevada’s control over the workplace-safety program. Nevada is one of 22 states operating such a program, which is supposed to protect private and public employees. The federal government shoulders the responsibility in all other states.

The Education and Labor Committee first examined construction safety problems in a 2008 hearing, including a string of deaths during the recent building boom on the Las Vegas strip. The hearing found that even when Nevada issued fines to employers for operating an unsafe workplace, those sanctions were often later reduced or even eliminated.

For more information on the 2008 hearing, click here.

To read the OSHA review of the Nevada health and safety program, click here. For a shorter explanation of the report's findings, see our blog post.

Visit our hearing page for a complete list of witnesses.

In light of a new government report highlighting dangerous gaps in health and safety protections for workers in Nevada, U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, announced that the committee will hold a hearing on Thursday, October 29 to examine the federal Occupational Safety and Health Administration’s critical review of Nevada’s workplace health and safety program. 

“This report confirms that there are serious problems with Nevada OSHA that need to be addressed immediately,” said Miller. “Workers in Nevada deserve to know that basic health and safety protections are enforced by the agency tasked to protect them.”

Under the federal Occupational Safety and Health Act, a state can operate their own workplace health and safety program as long as they meet basic federal minimum standards. Twenty-two states and territories operate such programs and are partially funded by the federal government.

OSHA reviewed Nevada’s state program between January 1, 2008 and June 1, 2009. This is OSHA’s most significant review of a state program since 1991when OSHA initiated steps to take over the North Carolina’s health and safety program after a poultry plant fire killed 25 people. The review found among other things that over the period:

• No ‘willful’ or ‘repeat’ citations were made and were even discouraged. ‘Willful’ violations carry significantly higher penalties;
• In nearly half of all fatality cases, family members of the fallen workers were not contacted or given the opportunity to speak with investigators;
• Clear cases of repeat violations were not cited. For example, OSHA issued ‘serious’ violations in the Orleans Casino case rather than ‘willful’ or ‘repeat’ violations even though the owner and operator of this hotel had same violations other facilities in Nevada;
• Even when Nevada OSHA cited a workplace for a health and safety violation, they could not demonstrate that those workplaces were abated correctly; and
• Nevada OSHA investigators were not properly trained on construction hazards. 

The Education and Labor Committee first examined construction safety problems in a 2008 hearing, including a string of deaths during the recent building boom on the Las Vegas strip. The hearing found that even when Nevada issued fines to employers for operating an unsafe workplace, those sanctions were often later reduced or even eliminated.

For more information on the 2008 hearing, click here.

To read the OSHA review of the Nevada health and safety program, click here.

Visit our hearing page for a complete list of witnesses.

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, applauded yesterday’s unanimous U.S. Senate confirmation of Joe Main as the next Assistant Secretary of Labor for Mine Safety and Health.

In the wake of the report by OSHA highlighting dangerous gaps in health and safety protections for workers in Nevada, the Las Vegas Sun has the background on this serious oversight.

The Las Vegas Sun said:

The probe examined Nevada OSHA’s oversight of 25 workplace fatalities, some of which occurred during the Las Vegas Strip construction boom and found an agency with staff ill-equipped to investigate accidents and administrators unwilling to impose hefty penalties on companies.

The report is the most significant review of a state program conducted by the Federal Occupational Safety and Health Administration in nearly two decades. Labor officials said the findings have prompted a nationwide review of state-administered workplace-safety plans and increased federal oversight.

The Labor Department said its investigation was triggered in part by the Sun’s Pulitzer Prize-winning series that examined the Strip construction deaths and exposed the failures of government, management and labor unions to protect workers.

The report documents troubles large and small within Nevada OSHA’s offices in Reno and Henderson — from state lawyers and managers who discouraged harsh citations for company violations to staff communiqués via Post-it notes. In half the fatality cases, families of the workers were not told of investigations, as required.

This report will be the center of a hearing on Thursday, October 29th by the House Education and Labor Committee to examine the federal Occupational Safety and Health Administration’s critical review of Nevada’s workplace health and safety program.

WASHINGTON, D.C. – In light of a new government report released today highlighting dangerous gaps in health and safety protections for workers in Nevada, U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today announced that the committee will hold a hearing on Thursday, October 29 to examine the federal Occupational Safety and Health Administration’s critical review of Nevada’s workplace health and safety program. 

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA), chairman of the House Education and Labor Committee, and Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today applauded the federal Occupational Safety and Health Administration’s issuance of an advance notice of rulemaking to prevent combustible dust explosions like the one that occurred at the Imperial Sugar refinery in February 2008 that killed 14 workers and injured dozens.

In today's New York Times' editorial, they applaud the nomination of Dr. David Michaels to lead the federal Occupational Safety and Health Administration. Last week, Chairs Miller and Woolsey also praised the nomination.

Dr. David Michaels, an epidemiologist, is a research professor at the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services. He has conducted numerous studies of the health effects of occupational exposure to toxic chemicals, including asbestos, metals and solvents, and has written extensively on science and regulatory policy.

The New York Times said:
 

President Obama has chosen wisely in picking a respected scientist and safety advocate to head the federal Occupational Safety and Health Administration. David Michaels, a research professor and occupational health expert at the George Washington University School of Public Health, seems just the right man to steer the agency back toward an emphasis on protecting workers after eight years of lax oversight and favoritism to industry under the Bush administration.

and

The nomination of Dr. Michaels is apt to provoke opposition from some business interests. They should hold their fire. His emphasis on cultural change and involvement of workers in improving safety could help ease the polarization between business and labor. And his emphasis on sound science could give everyone greater confidence that OSHA will make the right decisions.

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), the chair of the Workforce Protections Subcommittee, today praised President Barack Obama’s announcement of his intention to nominate Dr. David Michaels as Assistant Secretary of Labor for Occupational Safety and Health.

“President Obama is to be commended for his intent to nominate Dr. David Michaels to lead the federal Occupational Safety and Health Administration,” said Miller. “Dr. Michaels' expertise and leadership is needed as OSHA continues to restore vital health and safety protections for America’s workers. I look forward to working with Dr. Michaels and Secretary Solis to ensure the agency has the tools it needs to accomplish this mission.”
 

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, today praised President Barack Obama’s announcement that he intends to nominate Joe Main as Assistant Secretary of Labor for Mine Safety and Health.

“I applaud President Obama’s intent to nominate Joe Main to lead the Mine Safety and Health Administration. Throughout his career, Joe has been a tireless advocate for the health and safety of our nation’s miners. His experience and enthusiasm for MSHA’s mission will bring a much-needed jumpstart to an agency that suffered from years of neglect. With Joe at the helm, I am confident that MSHA will refocus on its core mission – ensuring that miners have the health and safety protections they need to return home to their loved ones safely at the end of each shift.”
 

WASHINGTON, D.C. – An Occupational Safety and Health Administration program expanded by the Bush administration lacked proper oversight, did not improve worker safety, and diverted scarce resources from other enforcement duties, the Government Accountability Office concluded in a report released today by two Congressional committees.

Businesses that participate in OSHA’s Voluntary Protection Program are able to avoid routine inspections, as long as they demonstrate that they have exemplary safety and health program, have no ongoing health and safety enforcement actions, and have an injury and illness rate below the average rates for the industry. The program’s goal is to promote cooperation between workers and management on developing innovative workplace health and safety programs. Prodded by the Bush administration, the VPP more than doubled to 2,174 worksites over the last five years and now covers more than 885,000 out of the 112 million workers covered by Occupational Safety and Health Act.
 

WASHINGTON, D.C. – Members of the House Committee on Education and Labor today applauded the Department of Labor’s announcement that they intend to withdraw a Bush era proposal that would have dramatically weakened future workplace health and safety regulations and slow their enactment.

"The Bush administration’s proposal would have dramatically slowed important initiatives to ensure the health and safety of American workers,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “Workplace health and safety regulations must be based on science that responds to real hazards and not slowed by special interest roadblocks set by political appointees.”

WASHINGTON, D.C. – A special worker health and safety program that targets employers that repeatedly put their workers in harms way is not working and needs to be refocused, witnesses told the Workforce Protections Subcommittee of the House Education and Labor Committee today.

“After six years of operation, it’s clear that the Enhanced Enforcement Program original design is flawed, and that OSHA under the Bush administration did not implement the program as intended,” said U.S. Rep. Lynn Woolsey (D-CA), chair of the subcommittee. “We need to know why the program is not working and what we can do to fix it.  The EEP has failed hundreds of workers like Jesus Rojas, and that is just not acceptable.”


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The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on Thursday, April 30 on the federal Occupational Safety and Health Administration’s Enhanced Enforcement Program.

The Enhanced Enforcement Program identifies high risk employers by their past behavior and targets them for additional scrutiny. However, the U.S. Department of Labor Inspector General’s Office issued a report on April 1 that found the Bush administration did not properly enforce worker health and safety laws used to oversee employers with history of safety violations. It shows that over the last five years, since the program was established, the EEP has failed to effectively deter employers from putting workers’ lives at risk.

Below is information for workers, families, schools and employers about how to protect our communities by reducing the spread of the H1N1 flu virus.

What is the H1N1 Flu?

General information from the Centers for Disease Control and Prevention about the H1N1 flu (commonly mis-referred to as "swine flu"), including what the H1N1 flu is, how it spreads and how to take care of people sick with it »

School Preparedness

Checklists and other tools to help schools, child care providers, colleges and universities to delay or reduce the spread of the flu virus »

Workplace Preparedness

Checklists and other guidance for businesses and employers to protect employees' health and safety while limiting negative impacts to the economy and society »

More information from the Occupational Safety and Health Administration »

Family Preparedness

Advice and strategies to delay or reduce the spread of the flu virus »

Your Rights in the Workplace

The Family and Medical Leave Act (FMLA) requires public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees to provide an eligible employee with up to 12 weeks of unpaid leave each year for reasons, including caring for an immediate family member (spouse, child, or parent) with a serious health condition, and taking medical leave when the employee is unable to work because of a serious health condition.

More about FMLA »

(This is a guest blog post by Rep. Dina Titus, Education and Labor Committee Member.)

Today we celebrate Workers Memorial Day, a day to remember those who have been killed or injured on the job.  It is also the 39th anniversary of the Occupational Safety and Health Act, legislation that has improved the safety of workers on the job.  It is with that in mind that the Education and Labor Committee held a hearing to bring to light the dangers that Americans still face every day that they go to work and to reevaluate the effectiveness of the OSH Act in ensuring worker safety and employer compliance.

The Committee heard some truly staggering statistics about both the number of fatalities and injuries that occur in the workplace and about the weak penalties that employers receive. 

WASHINGTON, D.C. – Current penalties against employers that endanger workers’ health and safety are too low to deter future violations, witnesses to the House Education and Labor Committee today.

“Penalties are the key enforcement mechanism under the law. They must be real. They must be meaningful,” said U.S. Rep. George Miller (D-CA), chairman of the committee. “And, these penalties must not be just the cost of doing business.”
 

Created with flickrSLiDR.

The Charlotte Observer published an op-ed by Chairman Miller on the 20th anniversary of Workers Memorial Day about the importance of reinvigorating OSHA.

Chairman Miller said:

Nearly 40 years ago, the Occupational Safety and Health Act was enacted to protect workers against these very abuses. The law has saved hundreds of thousands of lives and helped millions more avoid exposure to preventable illnesses and injuries.

But the law's protections have eroded in recent decades – especially over the past eight years. All too often, the Occupational Safety and Health Administration's leadership failed to adequately protect workers from well-documented workplace threats – from exposure to a chemical that causes popcorn lung disease to combustible dust to dangers on construction sites....

This neglect has left OSHA significantly weakened and put workers in greater jeopardy.

What will it take to turn this around?

It begins with good leadership that's committed to restoring OSHA's mission. President Obama's Labor Secretary, Hilda Solis, is a passionate advocate for working families and she's determined to reverse the harmful damage wrought during the Bush years. But good leadership only goes so far – we also need to give her additional tools to effectively enforce the law.

Last week, I joined other Democrats in introducing the Protecting America's Workers Act, legislation that would modernize current law by updating its penalties, strengthening whistleblower protections and ensuring that bad employers are held accountable. It will allow OSHA to finally do its job – and it is a critical start toward improving the safety of our workplaces.

This week the Education and Labor Committee will hold hearings to examine how OSHA can toughen penalties and impose effective enforcement. Penalties haven't been updated since 1990 and aren't indexed for inflation. Unscrupulous CEOs often face nothing more than a drop in the bucket for egregious violations.

We encourage you to read the entire op-ed. If you want to learn more about worker safety and health, click here.

And be sure to check our two hearings this week: Are OSHA’s Penalties Adequate to Deter Health and Safety Violations? and Improving OSHA’s Enhanced Enforcement Program

The Workforce Protections Subcommittee will hold a hearing on Thursday, April 30 on the federal Occupational Safety and Health Administration’s Enhanced Enforcement Program.

The Enhanced Enforcement Program identifies high risk employers by their past behavior and targets them for additional scrutiny. However, the U.S. Department of Labor Inspector General’s Office issued a report on April 1 that found the Bush administration did not properly enforce worker health and safety laws used to oversee employers with history of safety violations. It shows that over the last five years, since the program was established, the EEP has failed to effectively deter employers from putting workers’ lives at risk.

To read the Inspector General’s report, click here.

The Committee will hold a hearing on whether our nation’s health and safety laws ensure that employers who fail to protect their workers are adequately penalized and deterred from committing future violations.

Congress passed the Occupational Safety and Health Act in 1970 with the goal of assuring safe and healthful working conditions to all American workers. Nearly 40 years later, while workplace health and safety has improved, many workers remain at risk of death, injury or illness while on the job.

WASHINGTON, D.C. – Democrats on the House Education and Labor Committee, led by U.S. Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, introduced legislation today that would help the nation’s health and safety agencies to hold unscrupulous employers accountable for exposing their workers to preventable hazards.

WASHINGTON – U.S. Labor Secretary Hilda Solis today named House Education and Labor Committee senior policy advisor Jordan Barab as deputy assistant secretary for the Occupational Safety and Health Administration. Barab will also serve as acting assistant secretary for OSHA beginning Monday. Barab has worked for the committee for more than two years specializing in worker health and safety issues.

WASHINGTON – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, Rep. John Barrow (D-GA), and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today reintroduced legislation to prevent workplace explosions. This weekend is the anniversary of the Imperial Sugar refinery disaster in Port Wentworth, Ga., which killed 14 workers and injured dozens. And yesterday, six workers were injured when a coal dust collector at a power plant in suburban Milwaukee exploded while it was being cleaned. 

January 2 marks the third anniversary of the Sago mine tragedy, in which 12 miners died after being trapped by an explosion. Chairman Miller offers his condolences to the miners’ families and promises to work toward improved health and safety for all miners and workers.

The U.S. Department of Labor is failing to effectively enforce the nation’s child labor laws, witnesses told the Workforce Protection Subcommittee today.  According to a study by the National Consumers League, the number of child labor investigations decreased dramatically during the Bush administration: The number of child labor investigations conducted by the Labor Department in 2006 was at the lowest in at least a decade.  Meanwhile, research by the Association of Farmworker Opportunity Programs, a coalition of migrant and seasonal agricultural nonprofit and public agencies, indicates that approximately 400,000 children under the age of 18 work in the fields to help support their families. While there are numerous restrictions on what dangerous job functions underage workers may perform, there are few protections if those children happen to work in agriculture.  Agricultural child labor rules have remained largely unchanged since signed into law in 1938. At that time, a quarter of all American lived on farms and the majority of the agricultural work was performed on the family farm. Unlike counterparts in other industries, minors working in agriculture are still permitted to log in more than 40 hours a week without overtime pay.

A last-minute Department of Labor proposal could undermine future health and safety protections for American workers, witnesses told the Workforce Protections Subcommittee today.  The Washington Post recently reported that the proposal was developed by political appointees in secret with little consultation with career agency health and safety experts. The proposal only gives 30 days for comment and provides for no public hearings. Critics say that the Department of Labor proposal would add additional layers of red tape to an already slow regulatory process, even for those initiatives being considered. The Bush administration has only issued one health-related standard over the past eight years, which it was forced to complete under a court-ordered deadline.

This hearing examined the Department of Labor’s last-minute proposal that would dramatically weaken future workplace health standards and further slow their enactment. The department allowed only 30 days for comment on the proposal and would not hold public hearings.

On Wednesday, September 17, the Workforce Protections Subcommittee will hold a hearing examining the Department of Labor's last-minute proposal that would dramatically weaken future workplace health standards and further slow their enactment. The department has allowed only 30 days for comment on the proposal and will not hold public hearings.

"Secret Rule: Impact of the Department of Labor’s Worker Health Risk Assessment Proposal"
Wednesday, September 17, 2008, 10:00 a.m. EDT
 

One year ago today, six coal miners were trapped after a series of catastrophic – yet preventable – events resulted in the collapse of the Crandall Canyon Mine. Our nation became transfixed on the heroic attempts to save the miners and prayed that everyone would return to their families unharmed. On this sad anniversary, our thoughts and prayers are with the families, friends, and communities who lost loved ones in the mine and the rescue attempt.

Chairman George Miller and other House Democrats introduced legislation last night to prevent the Department of Labor from finalizing a last minute rule that could dramatically weaken future workplace health and safety regulations and slow their enactment.  The “Prohibiting the Department of Labor’s Secret Rule Act” (H.R. 6660) will forbid the Department of Labor from issuing, administering or enforcing any rule, regulation, or requirement derived from the proposal submitted to the Office of Management and Budget on July 7.  Chairman Miller and Sen. Edward M. Kennedy first requested information regarding the draft rule on July 10, when it was revealed that the department was working on a last-minute change to the regulatory process that may significantly inhibit the implementation of critical health and safety regulations.  On July 23, Miller and Kennedy requested that the Department withdraw the rule.

“Congress will not stand for any backdoor effort by the political appointees to further cripple our nation’s ability to respond to vital health and safety concerns. This entire effort is the product of a flawed, politicized process that has failed to properly consider the views of experts or the consequences for workplace health.” -- Chairman George Miller

 

The Occupational Safety and Health Administration (OSHA) today issued an $8.77 million citation to Imperial Sugar for the fatal February explosion that killed 13 workers and seriously injured dozens of others at the company’s sugar refinery in Port Wentworth, Georgia.

This unfortunate tragedy didn’t have to happen. The Chemical Safety Board urged OSHA in 2006 to adopt rules that could prevent more deaths and injuries caused by combustible dust explosions. OSHA ignored those recommendations. The agency tasked by Congress to protect the health and safety of American workers has failed to aggressively address this deadly problem.

Today, the Mine Safety and Health Administration (MSHA) fined the operator of Utah's Crandall Canyon Mine $1.85 million for the disaster that was the site of the worst coal mining tragedy of 2007. Pillars of coal supporting a roof burst, sending coal flying and creating enough force to register a 3.9 on the Richter scale. Rubble blocked every exit, entombing six miners somewhere between 1,000 and 2,000 feet underground. Three courageous rescuers who attempted to reach them also died in the rescue effort.  Crandall Canyon Mine is operated by Genwal Resources Inc., whose parent company is Murray Energy Corp.

This morning, the Washington Post exposed the Bush administration’s latest ploy that could radically change the way health and safety regulations are issued. This secret regulation is a clear attempt by the Bush administration and the business community to fundamentally weaken the scientific process for enacting new regulations that protect American workers. 

Today, Senator Kennedy and I demanded that Labor Secretary Elaine Chao withdraw this rule immediately and turn over all communications with outside special interests and other documents relating to proposed rule. You can read the letter here.

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the federal Occupational Safety and Health Administration’s lack of adequate enforcement and oversight of workplace safety and health conditions within large, multiple-facility corporations.

Witnesses explored events at the Cintas Corporation, the largest uniform supplier in North America. In 2007, a worker died at the company’s Tulsa facility despite previous evidence, known to both OSHA and Cintas, of similar hazards at other Cintas facilities and industrial laundries. The death resulted in the largest service sector fine in OSHA’s history and was followed by additional citations of similar problems at other Cintas facilities.

The Committee held a hearing on legislation to help prevent worksite explosions like the one at the Imperial Sugar refinery in Port Wentworth, Georgia, in early February 2008 that killed 12 workers and critically injured 11 others.

The Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) would force the U.S. Occupational Safety and Health Administration to issue rules regulating combustible industrial dusts, like sugar dust, that can build up to hazardous levels and explode. The Occupational Safety and Health Administration already has the authority to issue such a rule without Congress passing new legislation, but the agency has failed to act despite the fact that the dangers of combustible dust have been well known for years.

U.S. Reps. George Miller (D-CA) and John Barrow (D-GA) introduced the legislation on March 4, 2008. To learn more about H.R. 5522, <a href="http://www.house.gov/apps/list/speech/edlabor_dem/rel030308.html">click here</a>.