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.
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.
“We see the consequences of mine operators that game the system in order to push production. Safety is compromised and miners die,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “Too many families have suffered a great loss recently as the result of callous mine operators, ineffective protections and outdated laws. It is time to provide effective protections to ensure that every miner is be able to return home safely to their families at the end of their shift. Congress has an obligation to make sure that is the case.”
In May, the House Education and Labor Committee heard testimony in Beckley, West Virginia from miners and families of those who died in the Upper Big Branch Mine about serious shortcomings in miner protections, including threats and intimidation of miners who brought up safety concerns to their bosses.
“In this year when so many miners and others have lost their lives in workplace accidents, it is more important than ever to extend protections to those brave miners and workers who want to speak out about unsafe conditions,” said Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee. “This bill will save lives in a number of ways, but none more important than by strengthening whistleblower and other worker protection provisions.”
The Upper Big Branch explosion also highlighted serious flaws in existing laws that undermines MSHA’s ability to bring tougher sanctions against our nation’s most dangerous mines. The bill would revamp the criteria for ‘pattern of violations’ sanctions to ensure that dangerous mine operations fix chronic problems. The Mine Safety and Health Administration (MSHA) would have authority to close down the mine once a ‘pattern of violations’ status is triggered, and in order to reopen, mine operators have to comply with a remediation plan and be subject to more mine inspections and additional reporting requirements.
Responding to a number of recent deadly explosions at refineries, power plants and food processing facilities, the bill would also extend similar worker protections to all workplaces in order to hold employers accountable if they knowingly put their workers in danger.
Among other provisions, the reforms outlined include:
• 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.
• Protecting Miners Who Speak out on Unsafe Conditions – Protections for workers who speak out about unsafe conditions would be strengthened and would guarantee that miners wouldn’t lose pay for safety-related closures. The bill would provide underground coal miners with protections from dismissal unless the employer has just cause. In addition, miners would receive protections allowing them to speak freely during investigations.
• Modernizing 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.
• 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.
• 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.
More information on these reforms
In May, the House Education and Labor Committee heard testimony in Beckley, West Virginia from miners and families of those who died in the Upper Big Branch Mine about serious shortcomings in miner protections, including threats and intimidation of miners who brought up safety concerns to their bosses.
“In this year when so many miners and others have lost their lives in workplace accidents, it is more important than ever to extend protections to those brave miners and workers who want to speak out about unsafe conditions,” said Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee. “This bill will save lives in a number of ways, but none more important than by strengthening whistleblower and other worker protection provisions.”
The Upper Big Branch explosion also highlighted serious flaws in existing laws that undermines MSHA’s ability to bring tougher sanctions against our nation’s most dangerous mines. The bill would revamp the criteria for ‘pattern of violations’ sanctions to ensure that dangerous mine operations fix chronic problems. The Mine Safety and Health Administration (MSHA) would have authority to close down the mine once a ‘pattern of violations’ status is triggered, and in order to reopen, mine operators have to comply with a remediation plan and be subject to more mine inspections and additional reporting requirements.
Responding to a number of recent deadly explosions at refineries, power plants and food processing facilities, the bill would also extend similar worker protections to all workplaces in order to hold employers accountable if they knowingly put their workers in danger.
Among other provisions, the reforms outlined include:
• 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.
• Protecting Miners Who Speak out on Unsafe Conditions – Protections for workers who speak out about unsafe conditions would be strengthened and would guarantee that miners wouldn’t lose pay for safety-related closures. The bill would provide underground coal miners with protections from dismissal unless the employer has just cause. In addition, miners would receive protections allowing them to speak freely during investigations.
• Modernizing 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.
• 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.
• 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.
More information on these reforms
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