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:
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.
