Results tagged “worker safety” from EdLabor Journal

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.”    

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.

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. 
  

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.
  

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.

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.

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.

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.

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.

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.

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.

(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.

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.”