Results tagged “mine safety” from EdLabor Journal

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.”

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.

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.

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

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.   

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.

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.

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.