FEDERAL COAL MINE HEALTH AND SAFETY ACT
OCTOBER 13, 1969. -- Committed to the Committee of the Whole House on the
Mr. PERKINS, from the Committee on Education and Labor,
MINORITY, SUPPLEMENTAL, AND SEPARATE VIEWS
[To accompany H.R. 13950]
The Committee on Education and Labor, to whom was referred the bill (H.R. 13950) to provide for the protection of the health and safety of persons working in the coal mining industry of the United States, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.
It is the purpose of the bill H.R. 139501 to protect the health and safety of coal miners, and to combat the steady toll of life, limb, and lung, which terrorizes so many unfortunate families.
This significant inadequacy was recognized by the Congress and Public Law 49, 77th Congress, was enacted in 1941. Federal inspectors were given authority to enter and inspect for health and safety hazards all anthracite, bituminous coal, and lignite mines in the United States.
Despite this new authority to make "annual or necessary inspections and investigations," however, the Bureau lacked authority to establish standards for coal mines or to enforce compliance with the standards and recommendations of the Secretary of the Interior.
The death of 119 miners in an explosion at West Frankfort, Ill., late in December 1951, aroused public concern again and led to the enactment of Public Law 552, 82nd Congress, in 1952.
This act, which refined further the machinery for approaching mine safety, left much to be desired. President Truman said as much in signing the bill when he commented:
Continuing mine disasters inspired the establishment of a task force to investigate mine safety and make recommendations. The report of the task force was submitted in August 1963.
Public Law 89-376 (1966) was a response to yet another mine disaster and incorporated some of the recommendations of the task force. The most significant change made by the 1966 law was the deletion of the exemption of small mines from the act.
Even after the 1966 amendments, however, the larger number of causes of fatalities and accidents remain beyond the reach of the Federal statute. This broader, non-Federal area of coal mine safety was left by the Congress in 1952 to be embraced by State laws and the Federal Mine Safety Code. By doing so, the Congress intended to attack fatalities by major disaster. The remaining 90 percent of accident occurrences resulting in death or injury were left covered only by State law and the safety code.
The death of 222 miners in 1967, 311 in 1968, the Farmington disaster, and the death of over 170 miners in nondisaster type accidents since Farmington now surrounds the consideration of this legislation.
The General Subcommittee on Labor conducted 10 days of public hearings on coal mine health and safety proposals. Included in the hearing record are the views of representatives of operators of large coal mines; operators of small coal mines; the mine workers' union; individual mine workers; interested parties; and Administration personnel. The hearings are further enhanced by testimony on coal workers' pneumoconiosis presented by several medical researchers, all of whom are internationally recognized experts in their field. In addition to the presentations of public witnesses, statements and supplementary materials were submitted to the subcommittee and inserted in the record.
Two investigatory trips were made by the subcommittee to observe coal mining operations and the atmosphere in mines; and to learn what the British Government -- the leading nation in pneumoconiosis research-- had concluded from its studies of the relationship between pneumoconiosis and exposure to excessive coal dust and its recommendations on controlling dust, protecting miners from dust exposure, and the treatment of miners who have contracted the disease.
On February 27, the subcommittee toured two coal mines-- a deep shaft mine and a smaller drift mine-- in western Pennsylvania. The tours consisted of surface and underground observations of mining operations and discussions with company officials and workers. Members indicated the tours resulted in their better understanding of the unique conditions that make coal mine health and safety requirements different from those of any other industry.
The subcommittee devoted 4 days-- May 12 through 15-- in Great Britain engaged in consultations with officials of the National Coal Board and medical research staffs. The members attended several seminars at the National Coal Board where they were apprised of the medical problems involved in pneumoconiosis research and treatment; details of the Board's studies; medical and scientific control, including dust standards and evaluations; and engineering problems of dust control methods. During field trips to several pneumoconiosis research laboratories, further information was elicited relative to dust control procedures, medical evaluations, and procedures for medical and engineering control. A visit was also made to an English colliery.
In addition, the full committee held 1 day hearings on September 9, to obtain further testimony on issues which had arisen subsequent to subcommittee action.
The subcommittee held 8 days of open and executive sessions to consider a subcommittee print which was a composite of the major proposals, with amendments based on recommendations from the hearings and investigatory trips.
On August 6, the subcommittee voted to amend H.R. 1047-- a coal mine health and safety bill introduced by the subcommittee print, and to report the bill to the full committee.
The committee met 3 days in open session and on September 18, by a 29-to3- vote, ordered H.R. 1047, as amended, reported to the House as a clean bill. On September 24, the committee met, pro forma, and voted 39 to 4 to report the clean Bill, H.R. 13950, to the House.
Death in the mines can be as sudden as an explosion or a collapse of a roof and ribs, or it comes insidiously from pneumoconiosis or black lung disease. When a miner leaves his home for work, he and his family must live with the unspoken but always present fear that before the working day is over, he may be crushed or burned to death or suffocated. This acceptance of the possibility of death in the mines has become almost as much a part of the job as the tools and the tunnels.
The time has come to replace this fatalism with hope by substituting action for words. Catastrophes in the coal mines are not inevitable. They can be prevented, and they must be prevented.
Clearly, if we are to have any impact on the day-to-day accidents that cause most of our coal mine injuries and deaths, we need a law that gives broader enforcement powers to the inspector and thereby provides stronger incentives for management and labor to think safety at all times. We must reduce injuries and eliminate the accidents that kill miners by the ones, twos, or threes as well as prevent major disasters.
To us, it seems that the cold, statistical, day-to-day record of death and disease among our coal miners is reason enough for positive and immediate action, and in the proposal I have just outlined our convictions have been clearly voiced.
There is more at stake here than the lives and health of 144,000 coal miners, though they surely merit our most strenuous efforts on their behalf. The problems that we are wrestling with have an impact that extends beyond any coal mine. If we fail, those problems can weaken the physical and moral fiber of our whole society.
Coal is our most abundant fuel resource. Right now, it supplies nearly a fourth of our total energy demand and every forecast, whether by Government or the private sector, indicates that coal must continue to play a significant role if this country's future energy requirements are to be satisfied.
At the same time, it is clear that our society can no longer tolerate the exorbitant cost in human life and human misery that is exacted in the mining of this essential fuel. Unless we find ways to eliminate that intolerable cost, we must inevitably limit our access to a resource that has an almost inexhaustible potential for industrial, economic, and social good.
The adequacy of a major industry's work force is at stake here. If we cannot today assure coal miners a safe and healthful working environment and educate them to the practices that will keep it safe and healthful, our mines tomorrow will be unable to attract the workers they need, and the industry will sicken for want of qualified manpower.
Already, as you know, real difficulties are being encountered in recruiting young men as coal miners. Let this trend continue and our future energy supplies, along with all the benefits that are implicit in them, will be jeopardized.
As a people we have always placed human values at the summit of our esteem. We pride ourselves on our resourcefulness and our efficiency. Yes, the way that we mine coal today is not humanitarian, resourceful, or efficient. It is inexcusably wasteful of our most precious asset-- the human being.
For these reasons we are convinced that conditions in our coal mines cannot be significantly improved without new and stronger health and safety legislation. The Bureau needs broader authority, and it needs it now in order to bring coal mine injury and fatality rates into line with those of other major industries, and to assure that our coal miners do not escape accidental injuries only to fall victim to an insidious occupational disease. * * *
For too long the Congress has countenanced the passage of piecemeal measures which have failed to provide the Bureau with the enforcement power it needs. Too many injuries and too many lives have filled the gap left by inadequate laws. A strong law is necessary to protect the men who extract one of our Nation's most vital resources. Coal miners deserve the safest, healthiest work environment our technology will enable us to provide.
SUMMARY OF MAJOR PROVISIONS
Establishment of Mandatory Health and Safety StandardsSection 101 establishes the procedures for the promulgation of mandatory health and safety standards by the Secretary of the Interior (hereinafter referred to as the "Secretary"). The Secretary promulgates all mandatory standards, 0ut is responsible for developing and revising only mandatory safety standards. The Secretary of Health, Education, and Welfare is responsible for developing and revising mandatory health standards. All proposed standards are required to be published in the Federal Register and are subject to review by the Federal Coal Mine Health and Safety Board of Review (established in section 106) prior to promulgation by the Secretary. No standard promulgated by the Secretary shall reduce the protection afforded miners below that afforded by the interim mandatory health and safety standards contained in title II and title III. These interim standards apply to underground coal mines. Standards for surface coal miles shall be proposed by the Secretary not later than 12 months after the date of enactment of this act.
The committee was persuaded by the history of coal mine safety enforcement and the facts presented to it to vest authority for the promulgation of mandatory standards in the executive branch. Any law establishing health and safety requirements for an industry as complex and as subject to constant technological change as coal mining, certainly demands flexibility. Too often, standards are enacted only to become almost immediately inadequate in the face of changing conditions.
The committee has, however, provided detailed interim health and safety requirements which are delineated in titles II and III. It has also stated clearly the health and safety goals to be achieved.
The committee gave careful consideration to a variety of proposals as to the appropriate agency to administer provisions of the act. It gave most careful consideration to placing the responsibility for developing, revising, and promulgating both mandatory health and safety standards within the Department of the Interior, but decided the Department of Health, Education, and welfare should develop and revise all health standards. It is felt that this agency is the best equipped with the necessary scientific and medical technicians and professionals to assure healthy working standards for miners. Although the Secretary of the Interior is responsible for promulgating all mandatory standards, in the case of mandatory health standards he acts only to give official status to those which are developed or revised by the Secretary of Health, Education, and Welfare.
In the case of all proposed standards, however, interested persons have the right of filing objections and requesting a public hearing on such objections.
Inspections and InvestigationsSection 103 authorizes and requires representatives of the Secretary to make frequent inspections and investigations in coal mines each year for information gathering and enforcement purposes. Each underground mine shall be inspected at least four times a year. The Secretary of Health, Education, and Welfare is also authorized entry to coal mines to enable him to carry out his functions and responsibilities under the act.
Section 103 also empowers the Secretary or his authorized representative with authority, in the event of an accident, to take whatever action he deems appropriate to protect the life of any person and to be consulted regarding any plan to recover any person in the mine.
This section further provides opportunity for a miner to request the Secretary to conduct a special investigation to determine if an imminent danger or violation of a standard exists in a mine, and for the representative of miners at a mine to accompany an authorized representative of the Secretary-- at no loss in pay-- on any inspection of the mine.
No advance notice of an inspection shall be given to the operator or the representative of miners at a mine.
When affording the representative of miners at a mine the opportunity to accompany him on an inspection is to be made in the case of a mine which has accompany him on an inspection of the mine, the authorized representative of the Secretary shall first notify a member of the mine's safety committee working such a committee.
Findings, Notices, and OrdersSection 104 establishes improved procedural mechanisms for finding dangerous conditions or violations of standards in a mine, and for the issuance of notices and orders with respect to them.
Subsection (a) deals with the finding of a condition of imminent danger by an authorized representative of the Secretary during an inspection. When this occurs, the representative will determine the area where the danger exists and immediately issue an order requiring the mine operator to withdraw all persons, except those necessary to take corrective action, from the affected area until the danger is abated.
Subsection (b) deals with the finding of a violation of a mandatory health or safety standard during an inspection. When this occurs, the representative will immediately issue a notice fixing a reasonable time for the abatement of the violation. If the violation is not abated at the end of that period, and if the representative finds that the period should not be extended, he shall issue an order requiring the operator to withdraw all persons, except those necessary to take corrective action, from the area affected by the violation until the violation has been abated.
Subsection (c) deals with the unwarrantable failure of an operator to comply with a mandatory health or safety standard. When a representative finds a violation of a standard and further finds that the violation is caused by an unwarrantable failure on the part of the operator in complying with the particular standard, he includes such additional finding in the notice issued under subsection (b). Within 90 days of the time the notice is issued, the mine is reinspected to determine if the violation continues to exist. If it does, and the operator has again unwarrantably failed to comply with the standard, the withdrawal procedures described in subsection (b) will be followed. If such withdrawal order has been once issued, it will continue to be issued upon the finding of similar violations during subsequent inspections. Once an inspection is made which disclosed no such similar violation, the continuous closure provisions of subsection (c) no longer apply and the initial procedures are again applicable.
Subsection (h) deals with the finding, upon inspection, of conditions in a mine which have not yet resulted in imminent danger but which cannot be effectively abated through the use of existing technology and which may result in imminent danger. When this occurs, the representative will determine the area in which the conditions exist, and issue a notice to the operator with copies to the Secretary and the miners. The Secretary shall thereupon cause such further investigation to be made as he deems appropriate and provide an opportunity for a hearing. The Secretary will then make findings of fact and require that either the notice issued be canceled, or an order be issued causing all persons, except those necessary to take corrective action, to be withdrawn from and prohibited from entering the affected area until he determines-- after a hearing-- that the conditions responsible for the order have been abated.
Subsection (i) deals wit, the finding of a violation of a health, standard by atmospheric samples taken as required by section 202(a). When such sample discloses a violation, the Secretary or his authorized representative shall find a reasonable time within which to take corrective action and shall immediately issue a notice fixing a reasonable time for the abatement of the violation. If at the expiration of the period of time as originally fixed or subsequently extended the violation has not been abated, and if it is found that the period of time for compliance should not be further extended, a withdrawal order shall be issued and continue in effect until the violation has been abated. If it is found that the period of time for compliance should be further extended, another notice of violation must be issued.
Review by the SecretaryAn operator or miner affected by an order issued under section 104 may apply to the Secretary for review of the order within 30 days of its receipt. The Secretary will then make whatever investigation he deems appropriate as well as provide an opportunity for a hearing. He will make findings of fact and issue a written decision vacating, affirming, modifying, or terminating the order complained of. Pending completion of his investigation, the Secretary may, upon application and after a hearing, grant temporary relief from an order.
Federal Coal Mine Health and Safety Board of ReviewSection 106 establishes the Board. Current members of the existing Federal Coal Mine Safety Board of Review would be members of the new Board until the expiration of their terms. New and additional members will be appointed by the President, by and with the advice and consent of the Senate.
For the purpose of reviewing orders and penalties, the Board is composed of five regular members. One member shall be representative of the viewpoint of the operators of small mines; one of the operators of large mines; one of the workers in small mines; and one of the workers in large mines. The Chairman shall be drawn from the public generally and shall not have had an interest in or association with the coal industry for 5 years prior to his appointment.
For the purpose of carrying out the review of proposed mandatory health and safety standards, and for carrying out the provisions of sections 401 (Research) and 412 (Special Report), the Board is composed of eight members. In addition to the five regular members, there will be one member with a public health background, and two others who have a background in coal-mining technology. The additional members shall not have had any interest in or association with the coal-mining industry for 1 year prior to their appointment.
Review by the BoardAn operator may apply directly to the Board for review of an order issued under section 104 or an operator may appeal an order issued under section 104 to the Secretary and then ask the Board to review the decision made by the Secretary pursuant to section 105. Such application must be made within 30 days of receipt of the order or decision. If an appeal to the Board is made from the Secretary's review, the evidence is considered to establish a prima facie case against the operator although either side may produce additional evidence. When a appeal is made directly from an order issued under section 104, the Board is not bound by any previous findings of fact and the burden of proof is on the Secretary. After a hearing, the Board shall make findings of fact and issue a written decision affirming, vacating, modifying, or terminating the order or decision complained of. Pending completion of the hearing, the Board may, upon application, grant temporary relief from an order or decision.
The Board's functions are:
(2) Review of penalties.
(3) Review of proposed mandatory health and safety standards.
(4) Establish research objectives.
(5) Conduct special study into possible Federal-State cooperative arrangement.
In giving consideration to continuing the Board as an overall instrument in assuring effective but fair enforcement of health and safety standards, the committee studied actions of the present board. Although the existing Federal Coal Mine Safety Board Of Review has no authority to review penalties (no penalty provisions exist in the present law, it odes have authority to review violations on appeal.
Since 1952, when the existing Board was created, until the present, there have been 22 litigated cases. The Board fully upheld the Bureau of Mines in 10, upheld it in part in one, reversed it in five, and six cases were settled upon agreement of the parties after a hearing. Of the cases fully litigated and decided the Bureau was upheld in whole or in part in 69 percent, and reversed in 31 percent of the cases. Five of these cases were appealed to the U.S. courts of appeals (three by operators and two by the Bureau), and the Board's decisions were affirmed in four cases, and in one case the appeal by the Bureau was dismissed as untimely filed. All decisions of the Board were unanimous, except in Princess Elkhorn (1955), in which a worker representative dissented, and in St. Marys Sewer Pipe (1958), in which an operator representative dissented: both majority decisions were affirmed unanimously by the courts of appeals.
In addition to these, there were a number of other cases involving disputes which were filed formally or informally, and which were resolved without a hearing. There were also a large number of State plan cases which were decided upon stipulation and without dispute of the parties.
The concept of the Board was proposed in bills recommended to the Congress by the previous and present administrations. The Board chartered in this bill has more responsibilities and functions than the existing Board. The "regular" Board is substantially identical to the existing Board, but additional technicians are added as members when the Board meets to review proposed mandatory health and safety standards, establish research objectives, and conduct the Federal-State cooperative plan study.
In highly technical fields, such as coal mine safety, metal mine safety, and transportation safety, the legislatures have sought to delegate the initial review of administrative orders to quasi-judicial boards, rather than to the courts. Unlike the courts, these boards are equipped with the special competence to resolve technical conflicts, and can act with the speed and uncomplicated procedures particularly adapted to the problems involved.
Judicial ReviewAny decision issued by the Board upon review of an order or decision by the Secretary shall be subject to judicial review by the U.S. court of appeals for the circuit in which the affected coal mine is located. The court shall hear the appeal on the record made before the Board. The findings of the Board, if supported by substantial evidence on the record considered as a whole, shall be conclusive and the court may affirm, vacate, or modify any decision or may remand the proceedings to the Board for further action as it directs. The court may also grant such temporary relief as may be appropriate pending final determination of the appeal. The judgment of the court shall be subject only to review by the Supreme Court of the United States.
InjunctionsThe Secretary may request the Attorney General to institute a civil action for relief against an operator who impedes the execution of the act or refuses to comply with its provisions and requirements.
PenaltiesThe operator of a mine found in violation of a mandatory health or safety standard or who violates any provision of the act shall be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. Whoever knowingly violates or fails or refuses to comply with an imminent danger withdrawal order or with any final decision on any other order shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 months, or by both. The penalty for a repeat conviction is a fine of not more than $20,000 and/or imprisonment for not more than 1 year. These same provisions apply to directors, officers, or agents of corporate operators who authorize, order, or carry out the violation. In addition, whoever knowingly makes any false statements or representations relative to this act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 months, or by both. Any penalty assessed under this section is, upon request, subject to review by the Board. The Secretary may initiate the collection of any penalty by civil action in the appropriate district court of the United States. The committee expended considerable time in discussing the role of an agent of a corporate operator and the extent to which he should be penalized and punished for his violations of the act. At one point, it was agreed to hold the corporate operator responsible for any fine levied against an agent. It was ultimately decided to let the agent stand on his own and be personally responsible for any penalties or punishment meted out to him. The committee recognizes, however, the awkward situation of the agent with respect to the act and his supervisor, the corporate operator, and his position somewhere between the two. The committee chose to qualify the agent as one who could be penalized and punished for violations, because it did not want to break the chain of responsibility for such violations after penetrating the corporate shield. The committee does not, however, intend that the agent should bear the brunt of corporate violations. It is presumed that the agent is often acting with some higher authority when he chooses to violate a mandatory health or safety standard or any other provision of the act, or worse, when he knowingly violates or fails or refuses to comply with an imminent danger withdrawal order or any final decision on any other order.
Entitlement of MinersSection 112(a) provides for limited pay guarantees to miners idled by a closure order issued under section 104. All miners working during the shift when the order is issued who are idled by the order are entitled to full compensation by the operator at their regular rates of pay for the balance of their shift. If the order is not terminated prior to the next working shift, all miners idled by the order on that shift are entitled to such compensation for 4 hours of the shift. Whenever an operator violates or fails or refuses to comply with a withdrawal order issued under section 104, all miners who would be idled by the order are entitled to such compensation, in addition to pay received for work performed after the order is issued, for the period beginning when the order is issued and ending when it is complied with, vacated, or terminated.
Subsection (b) provides payments to miners totally disabled from complicated pneumoconiosis and to the widows of miners who suffered from complicated pneumoconiosis at the time of death. The disease must have arisen out of or in the course of the individual's employment in a coal mine. If he was so employed for 10 years or more, there is a rebuttable presumption that the disease so arose; if he was not, the individual must demonstrate that his disease so arose.
Payments are based upon the minimum monthly payment to which a Federal employee in grade GS-2, who is totally disabled, is entitled at the time of payment under provisions of Federal law relating to Federal employees (sec. 8112, title 5, United States Code). In the case of total disability, the disabled individual is entitled to payment at a rate equal to 50 percent of such minimum monthly amount. The widow of a miner entitled to payment would be eligible to receive the same amount. This represents approximately $136 per month. The payment would be increased to allow for up to three dependents. The payment would be increased to allow for up to three dependents. The first dependent would increase the basic payment by 50 percent; the second dependent by 75 percent; and the third dependent by 100 percent. The maximum monthly payment, therefore, to which an eligible individual is entitled under this subsection is equal to the minimum monthly payment such Federal employee is entitled to.
Payments made under this subsection shall be reduced by any amount the individual receives under the workmen's compensation, unemployment compensation, or disability insurance laws of his State, and the amount by which the payment would be reduced on account of excess earnings under section 203(b) through (1) of the Social Security Act if the amount paid were a benefit payable under section 202 of that act.
The Secretary of Labor shall enter into agreements with the Governors of the States under which the State will receive and adjudicate claims under this subsection from its residents and under which the payments will be made. Each Governor will implement the agreement in any manner he determine will best effectuate the provisions of this subsection. If the Secretary of Labor is unable to enter into an agreement with a Governor or if a Governor requests him to do so the Secretary may make payments directly. When the Secretary of Labor has an agreement with a State he will make a grant to the State for the purpose of making the individual payments.
Payments under this subsection are for retroactive cases only, and not for prospective cases. No claim will be considered unless it is filed (1) within 1 year after the date an employed miner received the results of his first chest roentgenogram as provided under section 203, or, if he did not receive such a chest roentgenogram, the date he was first afforded an opportunity to do so under that section, or (2) in the case of any other claimant, within 3 years from the date of enactment of this act, or, in the case of a claimant who is a widow, within 1 year after the death of her husband or within 3 years from the date of enactment of this act, whichever is the later.
No payments shall be made under this subsection to the residents of any State which, after the date of enactment of this act, reduces the benefits payable to persons eligible to receive payments under this subsection, under its State laws which are applicable to its general work force with regard to workmens compensation, unemployment compensation, or disability insurance.
This program of payments-- maintained in the bill by a committee vote of 25 to 9-- is not a workmen's compensation plan. It is not intended to be so and it contains none of the characteristic features which mark any workmen's compensation plan. Moreover, it is clearly not intended to establish a Federal prerogative or precedent in the area of payments for the death, injury or illness of workers.
These provisions of the bill are a limited response in the form of emergency assistance to the miners who suffer from, and the widows of those who have died with, complicated pneumoconiosis.
Complicated pneumoconiosis is a serious disease of the lungs caused by the excessive inhalation of coal dust. The patient incurs progressive massive fibrosis as a complex reaction to dust and other factors, which may include tuberculosis and other infections. The disease in this form usually produces marked pulmonary impairment and considerable respiratory disability.
Such respiratory disability severely limits the physical capabilities of the individual, can induce death by cardiac failure, and may contribute to other cause of death. Once the disease is contracted, it is progressive and irreversible.
One of the compelling reasons the committee found it necessary to include this program in the bill was the failure of the States to assume compensation responsibilities for the miners covered by this program. State laws are generally remiss in providing compensation for individuals who suffer from an occupational disease as it is, and only one State-- Pennsylvania-- provides retroactive benefits to individuals disabled by pneumoconiosis.
Also, it is understandable that States which are not coal-producing have no wish to assume responsibility for residents who may have contracted the ailment mining coal in another State. The substantial reduction in the number of miners actually employed in mines following World War II caused a dispersal of men throughout the country-- many into States which have few, if any, mines. These men took with them an irreversible disease, but because of their present location are denied benefits.
The committee also recognized the problems inherent in requiring employers to assume the cost of compensating individuals for occupational diseases contracted in years past.
The resolution of this dilemma, consistent with the desperate financial need of individuals eligible to receive payments under this bill, was the inevitable inclusion of section 112(b), and the requirement that the payments be made from general revenues.
It is hoped that the health standards prescribed in title II will eliminate conditions in mines which cause the disease. Also, it is expected that the States will assume responsibility in their respective compensation plans for miners who contract the disease in the future.
ReportsAll accidents are required to be investigated by the operator, and records of such accidents and investigations required to be kept by the operator. The operator is also required to establish and maintain such records and make such reports as the Secretary may reasonably require.
TITLE II-INTERIM MANDATORY HEALTH STANDARDS
CoverageThe interim health standards contained in title II of the bill are mandatory and applicable to all underground coal mines until superseded by standards promulgated by the Secretary pursuant to section 101.
Dust Standard and RespiratorsSection 202(a) requires each operator to take accurate samples of the amount of respirable dust in the mine atmosphere to which the miners in the active workings of the mine are exposed. The samples are transmitted to the Secretary and analyzed and recorded by him.
Subsection (b) establishes the dust standard. Effective on the operative date of this title, each operator shall maintain the average concentration of respirable dust in the mine atmosphere to which each miner in the active workings of the mine is exposed at or below 4.5 milligrams per cubic meter of air. Effective 6 months after the operative date of this title the limit on the level of dust concentration is 3.0 milligrams of respirable dust per cubic meter of air. Beyond that, the Secretary of Health, Education, and Welfare shall reduce the limit as he determines such reduction become technologically attainable.
An extension of time within which to comply with the prescribed limits is available to an operator who demonstrates to the satisfaction of the Secretary that he is undertaking maximum efforts to reduce the level of dust concentration but is unable to do so because it is not technologically feasible for him to do so. In such cases, the Secretary may grant an extension of no more than 90 days with regard to the 4.5 milligram limit, and no more than 6 months with regard to the 3.0 milligram limit.
Respirators or other approved breathing devices must be made available to all persons exposed to dust concentrations in excess of the applicable limit.
When reference in this report is made to dust readings which yield results in terms of milligrams per cubic meter of air (mg/m3) such determinations are measured with an MRE instrument. As used in this title, the term "MRE instrument" means the gravimetric dust sampler with four channel horizontal elutriator development by the Mining Research Establishment of the National Coal Board, London, England. When using the MRE instrument to measure the dust, such measurement would be taken over several production, as distinguished from clean-up, shifts in order to assure a valid statistical sample. Measurements may also, however, be made with any other instrument approved by the Secretary and the Secretary of Health, Education, and Welfare.
The personal atomic sampler is one such device, and existing and future technology will undoubtedly produce more. In these eventualities, determinations of the dust level in a mine will be in terms of another yield. It is intended - and the bill states - that a yield other than one in terms of mg/m3 be mathematically equivalent to the latter, and interpreted as such, for the purpose of enforcing the dust standard.
The bill expressly prohibits the use of personal respirators as a substitute for environmental control of the active workings of a mine. Respirators to date have been of such a nature as to be extremely uncomfortable to the workers and impracticable for the type of operations he must generally perform. It is for this reason, as well as the knowledge that some States have placed restrictions on the use of such respirators, that the committee chose to preclude their use. The bill permits the use of personal respirators, however, in specified instances.
Justification for Dust StandardsOn March 26, Charles C. Johnson, Jr., Administrator, Consumer protection and Environmental Health Service, Public Health Service, U.S. Department of Health, Education, and Welfare, testified before the subcommittee and presented the following remarks of the Surgeon General:
There are many types of pneumoconiosis caused by specific kinds of dusty materials, as, for example, silica and cotton fibers. Coal miners' pneumoconiosis is a chronic chest disease, caused by the accumulation of fine coal dust particles in the human lung. In its advanced forms, it leads to severe disability and premature death.
Coal miners' pneumoconiosis was recognized, in Great Britain as early as 1943, as a disease entity separate from silicosis. It was not generally recognized as such in the United States until the 1950's. Prevalence studies by the Pennsylvania Department of Health (1959-61) and by the Public Health Service (1963-65) confirmed the existence of the disease entity, documented its prevalence among coal miners, and showed that it is a widespread problem.
Coal miners' pneumoconiosis is a distinct clinical entity, resulting from inhalation of coal dust. Physicians diagnose it on the basis of X-ray evidence of nodules in the lungs of a patent with a history of long exposure to coal dust. However, it should be pointed out that data from postmortem examinations's indicate a higher prevalence of the disease than can be diagnosed from X-ray examinations.
Physicians classify coal miners' pneumoconiosis as simple or complicated, depending on the degree of evidence in the X-ray picture. In the simple form, pinpoint, micronodular or nodular lesions distributed throughout the lungs show up in the X-ray picture.
The physician decides the radiological category of simple pneumoconiosis on the basis of the extent of the opacities. There are no specific symptoms, and pulmonary function tests seldom enable the physician to say whether or not the patient has the disease. It is generally accepted by physicians that simple pneumoconiosis seldom produced significant ventilatory impairment, but, the pinpoint type may reduce the diffusing capacity, the ability to transfer oxygen into the blood.
Complicated pneumoconiosis is a more serious disease. The patient incurs progressive massive fibrosis as a complex reaction to dust and other factors which may include tuberculosis and other infections. The disease in this form usually produced marked pulmonary impairment and considerable respiratory disability.
Such respiratory disability severely limits the physical capabilities of the individual, can induce death by cardiac failure, and may contribute to other causes of death.
Medical researchers in both Britain and the United States have repeatedly shown that coal miners suffer from more respiratory impairment and respiratory disability than does the general population. These respiratory problems are frequently accentuated by chronic bronchitis and emphysema, the causative factors of which remain to be clarified.
There is no specific therapy for pneumoconiosis in either its simple or complicated form. Adequate environmental dust controls, use of respirators, or removing the miners from the dusty environment as soon as they show minimal effects appear to be, under present technology, the only helpful preventive procedures
For over 30 years, the Public Health Service has undertaken cooperative studies with the Bureau of Mines on coal miners health problems. No until 1963, however, did the Department first receive funds for the specific support of operations in this area. Our first major project was a prevalence study of pneumoconiosis in soft coal miners in Appalachia and other coal mining areas.
This study established pneumoconiosis among soft coal workers in the United States as an occupational respiratory disease of serious and previously unrecognized magnitude. Our research showed that 1 in 10 men in the mines and 1 in 5 of the former miners in Appalachia showed X-ray evidence of this chronic respiratory disease. Data from postmortem examinations would indicate an even higher prevalence of this disease.
For work periods less than 15 years underground, the occurrence of pneumoconiosis among miners appeared to be spotty and showed no particular trend. For work periods greater than 15 years underground, there was a linear increase in the prevalence of the disease with years spent underground.
Thus, the incidence of new cases in miners has decreased from 8.1 new cases per 1,000 miners in 1955 to 1.9 new cases per 1,000 miners in 1967; the age specific prevalence of simple coal miners' pneumoconiosis has also decreased as has the overall prevalence, from 12.5 percent in 1959-62 as compared with 10.9 in 1964-67.
An official respirable dust standard for coal mines could, in our opinion, if properly enforced, make a significant reduction in new cases of pneumoconiosis and decrease the rate of progression of old cases. Last year, we concluded that sufficient data were available to recommend the adoption of an interim coal dust exposure standard for miners, pending further refinement of technical knowledge. After careful analysis of the British and Pennsylvania experiences, and after consultation with many authorities, we concluded that:
An interim standard should represent no more than a reasonable degree of risk to our miners, given our present technology, and be one that would significantly reduce the rate at which new cases of pneumoconiosis would develop in the future and old cases would progress.
On the basis of those conclusions, last December, the Secretary of Health, Education, and Welfare recommended to the Department of the Interior a Federal standard which could be used to lower respirable dust levels in coal mines. This standard called for a respirable dust level not to exceed 3.0 milligrams per cubic meter, as measured by the Mining Research Establishment horizontal elutriator instrument.
We recommended this standard in the conviction that it could, if adopted and properly enforced throughout the coal-mining industry, make a significant reduction in coal miners' pneumoconiosis. This standard, if adopted and enforced, would place the United States along with other major coal-producing nations which have set health standards for dust exposures in the coal-mining industry.
When the subcommittee visited Great Britain, it did so in the expectation that it would observe the procedure and application of what had been hailed as the most effective dust control program of any nation. This was partially true, but the subcommittee took greater confidence in the information it derived from that visit with respect to the medical aspects of the problem. The subcommittee was also impressed with the significant reductions in the prevalence of pneumoconiosis since the inception of the control measures in Great Britain.
It was surprising to learn, however, that the British have achieved this relative success without the benefit of a mandatory program and without the benefit of established dust standards which reflect even their own notion of with the level should be from the standpoint of miners' health.
The British program does not, for instance, entail the withdrawal of men from a mine when the standard is exceeded. In actual practice, only about 80 percent of all British active working faces conform to the standard at any given time.
Also, the British have recently issued new standards which suggest an average exposure of 5.7 mg/m3 (if measured with an MRE instrument) to the face worker. This amount of exposure, incidentally, has little relevance to the health data the British themselves have accumulated.
The committee applauds the limited progress the British have made with their approach. It is felt, however, that nothing short of the total prevention of pneumoconiosis is an acceptable objective for coal mine legislation.
On the other hand, the British utilize several techniques for controlling dust in the mine atmosphere, all of which are applicable to U.S. mines. Among them are water infusion, machine design, dust collection, cutting speed, and ventilation techniques.
The British have amassed an enormous amount of impressive medical data relative to the problem which also is applicable to conditions in the United States. The British have concluded, from statistical analysis, that the probability of a miner contracting pneumoconiosis (ILO category 1 or greater) after 35 years of exposure to a mean total respirable dust concentration of 3.0 mg/m3, is about 5 percent. The probability of a miner contracting pneumoconiosis (ILO category 2 or greater) after the same period of exposure in the same mine environment is about 2 percent. In a dust environment below about 2.2 mg/m3, there is virtually no probability of a miner contracting pneumoconiosis (ILO category 2 or greater), even after 35 years of exposure to such concentration. It is significant that simple pneumoconiosis below ILO category 2 is not disabling.
The committee bill establishes - dust limit of 3.0 mg/m3 1 year after enactment of this act, but provides a procedure whereby the Secretary of Health, Education, and Welfare shall thereafter reduce such limit as reductions become technologically feasible. The ideal mine environment is a dust-free one. The committee realizes that, given the state of existing technology, this is an unreachable goal. The committee expects the Secretary of Health, Education, and Welfare, however, to prescribe the limit of at least 2.2 mg/m3 as soon as he deems it attainable, and to prescribe limits below that level in a final attempt to eliminate even simple pneumoconiosis (ILO category 1) through dust control.
The state of existing technology can achieve a reduction in the concentration of dust in U.S. mines to at least 3.0mg/m3 after 1 year. The greatest possible stimulus to this achievement is the establishment of that level as a required standard, with concomitant enforcement procedures. This bill prescribes both.
The committee believes a standard of 4.5 mg/m3 after 6 months, and a standard of 3.0 mg/m3 after 1 year, is realistic.
During 1968 and early 1969, the Bureau of Mines determined respirable dust concentrations in 29 selected large mines. In this investigation a total of 280 sections were sampled. The criteria for selecting mines were (a) the mine must employ more than 20 men underground, and (b) the mine should have sufficient coal reserves to last at least 10 years. As a result, it cannot be presumed that the data are representative of the entire industry. Care, however, was taken to select mines with typical mining methods and machines, in a wide range of coal seams and in a number of different States.
The following table gives the results for the 29 large mines sampled. The data are presented by the type of occupation underground, the number of mines for each occupation, the number of samples taken for each occupation, and the number of mines for each occupation that averaged the 3.0, 4.5 and the 5.5 mg/m3, and higher level standards: .
Based on these data, 40-percent of the mines for these 16 occupations had an average full-shift exposure of less than 3.0 mg/m3, 19 percent were between 3.1 and 4.5 mg/m3, 11 percent were between 4.6 and 5.5 mg/m3, and 30 percent were greater than 5.5 mg/m3.
Medical ExaminationsSection 203 requires that each miner have an opportunity to have taken, at least once every 5 years, a chest roentgenogram to be paid for by the Board. Each worker who begins work in a coal mine for the first time shall be given such a chest roentgenogram at the commencement of his employment and again 3 years later. If the second such chest roentgenogram shows evidence of the development of pneumoconiosis, the worker shall be given an additional chest roentgenogram 2 years later. The Secretary of Health, Education, and Welfare is responsible for reading, classifying, and recording all readings for each miner, and may prescribe such other supplemental tests as he deems necessary.
Any miner who, in the judgement of the Secretary of Health, Education, and Welfare, shows substantial evidence of the development of pneumoconiosis, shall, at the option of the miner, he assigned by the operator to work in a relatively dust-free area of the mine, or in any other area provided he wears respiratory equipment. Any miner so assigned shall not receive less than his regular rate of pay.
The committee considers this section of the bill equal in importance to the dust control section for decreasing the incidence and development of pneumoconiosis. Three facets of medical service are prescribed:
(1) Examination of new entrants.-- The required chest roentgenograms (X- rays) for new entrants should be supplemented by whatever other tests the Secretary of Health, Education, and Welfare deems necessary.
(2) Periodic chest X-rays.-- The 5-year chest X-ray requirement for each miner conforms to the best medical evidence on pneumoconiosis. Because the ailment progresses at a relatively slow pace, an X-ray every 5 years is more than adequate. The Secretary of Health, Education, and Welfare may also require other tests to supplement X-rays.
The committee intends that large film be used in taking X-rays. It also expects the Secretary of Health, Education, and Welfare to advise the miner of conditions other than pneumoconiosis which may appear in an analysis of the miner's X-ray.
(3) Supervision of pneumoconiosis cases.-- The development of simple pneumoconiosis may be impeded if the afflicted individual is removed from a dusty to a relatively dust-free atmosphere or if he is equipped with approved respiratory equipment. The bill provides for this type of supervision, subject to the choice of the individual miner.
TITLE III-INTERIM MANDATORY SAFETY STANDARDS
CoverageThe interim safety standards contained in title III of the bill are mandatory and applicable to all underground coal mines until superseded by standards promulgated by the Secretary pursuant to section 101.
Safety StandardsSections 302 through 317 establish detailed requirements to provide for safer working conditions in underground coal mines. These include requirements with regard to roof support, ventilation, combustible materials and rock dusting, electrical equipment, trailing cables, grounding, underground high-voltage distribution, underground low- and medium-voltage alternating current circuits, trolley and trolley feeder wires, fire protection, maps, blasting and explosives, hoisting and man-trips emergency shelters, communications, escapeways, and other miscellaneous matters.
The standards in this title are largely the result of recommendations by the Bureau of Mines. In the case of every standard, however, the committee challenged the Bureau to defend its recommendation. In the case of many, the committee adopted a standard other than one recommended by the Bureau. In those instances, the committee relief upon expert opinion from technicians outside the Bureau.
Several of the standards deserve elaboration in this summary, and some require clarification as to legislative intent.
Pillared and Abandoned AreasThe most hazardous condition that can exist in a coal mine, and lead to disaster-type accidents, is the accumulation of methane gas in explosive amounts. Methane can be ignited with relatively little energy and there are, even under the best mining conditions, numerous potential ignition sources always present.
There is a general awareness by coal mining personnel of the existence of this hazard. Men working in the face areas where coal is being mined and where fresh methane can be emitted in large volumes dues to the disturbance of the coal bed, are required to take numerous safety precautions to insure that methane is not present in explosive amounts. All equipment in by the last open crosscut must be of a permissible type, and frequent examination, both preshift and onshift, are made to determine methane concentrations. The present bill requires examinations for methane onshift at least once each coal producing shift, at the start of each coal producing shift before electrical equipment is energized, at least every 20 minutes during a shift when electrically operated equipment is energized, before intentional roof falls are made, before explosives are fired, and before welding is done. When, on examination, methane concentrations exceed 1 volume per centum, changes must be made in the ventilation to reduce the methane content. When the methane concentration exceeds 1.5 volume per centum, the electricity must be shut off in the section affected, and men withdrawn from the section until the methane content is reduced.
Methane, however, also accumulates in areas from which pillars have been removed and in other abandoned areas of a mine. These areas are often inaccessible because the roof has been deliberately allowed to fall or caving has otherwise occurred. In these cases, it is not usually possible to determine methane concentrations without great physical risk, and in many instances, the areas are completely inaccessible. In addition, during the time pillars are being removed and the roof permitted to fall in a planned sequence, ventilation of the area can best be accomplished with present technology by ventilating the area in a systematic manner.
These pillared and abandoned areas that are no longer being mined are not tested as frequently as working places, nor can they be given the same attention a working place receives. Consequently, these areas represent a great potential source of explosions, which can lead to widespread underground destruction with attendant loss of life.
Sections 303(b), (q), and (r) are all directed toward solving this difficult problem. It is the intent of these three sections to require that the areas of mines described above be made as safe as present technology will permit so that the possibility of disasters from this source can be reduced or eliminated. There is general agreement among mining and safety engineers that bleeder systems are difficult to maintain in satisfactory conditions over long periods of time and they not eliminate explosive concentrations of gas in the gob because of by-passing of air when the gob area extends over long distances. Sections 303(p), (q), and (r) require that when bleeder entries or systems or equivalent means are permitted instead of sealing, they shall be effective. This means that, where no superior method of ventilation is available, one of these may be approved by an authorized representative of the Secretary. When Bleeder entries or systems are approved, they shall be used only under conditions where they can be adequately maintained, over short distances. Bleeder air shall not contain more than 2 volume per centum of explosive gases when sampled at a point immediately before entering another split of air.
Seals or bulkheads shall be used to isolate in an explosion-proof manner all abandoned areas in existing mines. In addition, wherever possible, new areas of existing mines will be "sectionalized" with explosive-proof sealing when abandoned, that is, isolated from active sections. In new mines, opened after the operative date of the act, it is intended that the mining system be such as to permit isolation by explosion-proof bulkheads of each section of a mine as it is abandoned.
Rock DustingSection 304(c) requires that all underground areas of a coal mine be rock dusted to within 40 feet of all face areas. It also requires all cross-cuts less than 40 feet from such faces to be rock dusted. Where rock dusting is required, it must be applied and maintained in accordance with subsection (d) of this section. There are three exceptions, however, to this general rock dusting requirement.
The first provides that such rock dusting is not necessary in those underground areas of a mine that are, in fact, too wet or too high in incombustible content to propagate an explosion. Artificial wetting of such underground areas of mines is not acceptable in lieu of rock dusting, except as such wetting is done on the floors of active roadways used by mobile equipment, between the working face and the section loading points. Rock dusting would still be required for the top and sides of such roadways.
Water, when properly applied and maintained, can be effective in preventing the initiation of coal dust explosions and propagations of ignitions and explosions caused by gas or other means. In order to be effective, however, the coal dust along the floor of the mine must be properly wetted and maintained wet. All too often, the coal dust dries up unless there is constant attention given to insuring that it is, in fact, 'too wet". It is incumbent upon the operator to insure such attention, and upon the authorized representative of the Secretary to satisfy himself that, when water is relied on as an inert by the operator, it results in the same degree of safety that would be obtained if rock dusting were required.
The second exception is that such rock dusting is not required in areas determined by an authorized representative of the Secretary to be unsafe to enter or inaccessible.
The third relates to cases where an authorized representative of the Secretary permits an exception to this general requirement. In granting this exception for some areas of the mine, such as in the case of back entries, the authorized representative of the Secretary should, among other factors, take into consideration the conditions of the mine, the adequacy, based on past performance, or the rock dusting program at the mine, relevant research findings, and, most importantly, the potential hazards to the miners that could result when an exception is granted. The miner's safety must, in all of these exceptions be considered to be of foremost concern to the operator and the authorized representative of the Secretary.
Electrical EquipmentSection 305 establishes the requirements for electrical equipment. Effective 1 year after the operative date of this title, only permissible junction or distribution boxes shall be used for making multiple power connections in by the last open crosscut or in any other place where dangerous quantities of explosive gases may be present or may enter the air current. Also effective 1 year after the operative date of this title is the requirement that all electric face equipment used in a mine be permissible and be maintained in a permissible condition, except that the Secretary may permit the continued use of nonpermissible or open-type electric face equipment in use on the date of enactment of this act for such period (not in excess 1 year) as he deems necessary to obtain permissible equipment. This provision does not apply to any mine which is not classified as gassy.
In the case of such mines, low-horsepower electric face equipment such as hand held electric drills, blowers and exhaust fans, and electric pumps, are required to be permissible and maintained in a permissible condition 1 year after operative date of this title. The same requirement is made of all replacement equipment acquired for use in such mines, and equipment for which a major overhaul is necessary.
The remaining electric face equipment not specifically required to be permissible 1 year after the operative date of this title, which is used in nongassy mines, must be permissible and maintained in a permissible condition 4 years after the operative date of the title, except that the Secretary may, upon petition, waive this requirement on a mine-by-mine condition 4 years after the operative date of the title, except that the Secretary may, upon petition, waive this requirement on a mine-by-mine basis for an additional period not in excess of 2 years if, after investigation, he determines such waiver is warranted. The committee intends that the Secretary use his discretion in determining if such waivers are warranted for mines requesting them, but expects his first consideration to be the availability of permissible replacement equipment.
The Secretary also has the authority to grant, upon petition, an additional waiver on a mine-by-mine basis if he determines the permissible equipment for which the additional waiver is sought is not available to the petitioning mine. The committee intends here that the Secretary administer this authority with extreme care and adhere literally to the language of the bill which spells out precisely the only reason for granting such additional waiver. The committee does not in any way intend for this additional waiver to represent an "open end " to the requirement for permissible electric face equipment.
The Department of the Interior has indicated a period of 5 years will be required for the mine equipment manufacturing industry to produce permissible replacement equipment in sufficient quantities for all underground mines. If the Department alters its present policy of requiring all inspections of permissible equipment to be made in Pittsburgh, and permits field inspections, the period necessary to produce sufficient equipment should be reduced.
The committee believes the time allowances in the bill, therefore, to be exceedingly generous, and expects the most judicious consideration by the Secretary of additional waiver requests. Further, the committee expects the Secretary to begin surveying the availability of permissible replacement equipment immediately following enactment of this act and to continue such surveys-- making the results of such surveys known to those mines using equipment which is not permissible-- on a regular basis (at least every 6 months) until the electric face equipment in all underground mines is permissible.
During the term of use of any electric face equipment which is not required to be permissible, pursuant to section 305(b), the Secretary may be regulation require the use of methane monitors on such equipment, which monitors will automatically deenergize electrical circuits providing power to electric face equipment when the concentration of explosive gas in the active workings permits, in the opinion of the Secretary, a condition in which an ignition or explosion may occur. When the Secretary believes conditions in these mines are such that an ignition or explosion may occur, the committee expects him to require the use of methane monitors which act to deenergize the equipment when the explosive gas content in the mine atmosphere reaches a level to be determined by him. The committee believes the explosive gas content of 0.25 percent volume to be a level the Secretary might very well choose, as that level is currently used as a level of distinction between gassy and nongassy mines.
Other Electrical EquipmentSection 305(k) requires that when insulated wires other than cables pass through metal frames the holes shall be substantially bushed with insulated bushings. Use is made of suitable insulated material which may not be properly described as a "bushing," but the committee intends that such material be considered a "bushing" for the purpose of meeting this requirement.
Section 306(b) requires that short circuit protection for trailing cables be provided by an automatic circuit breaker on "other no less effective device approved by the Secretary" of adequate interrupting capacity in each underground conductor. A fuse can provide adequate short circuit protection, and the committee intends that such fuses be permitted when in accordance with a schedule to be set forth by the Secretary establishing standards for approval such as application, type, and capacity.
Section 308 establishes standards for underground high-voltage distribution. Subsection (h) requires the protection of such transmission cables, and the committee intends that steel conduit be considered sufficient protection. In the case of subsection (i), properly designed cable couplers shall be considered satisfactory disconnecting devices. In subsection (k), is understood that the manufacturer's "specifications" referred to, also includes his "recommendations."
Section 310(b) requires that trolley wires and trolley feeder wires be provided with overcurrent protection. This is to provide protection against overcurrents of prolonged duration.
Emergency SheltersSection 315 permits the Secretary or his authorized representative to require the erection of mine rescue chambers to which miners could go in the event of an emergency.
The committee is cognizant of a study being conducted by the National Academy of Engineering, pursuant to a contract with the Department of the Interior, to determine improved means of survival after mine accidents. The committee expects the Secretary to promptly institute requirements for rescue chambers in mines if the study concludes such rescue chambers are indeed an effective method of insuring survival after a mine accident.
Inspector Present in Selected MinesSection 317(j) requires the Secretary to insure that his authorized representative is present daily to make inspections at a mine the Secretary determines liberates "excessive quantities of explosive gases."
Despite opposition to this provision by the Secretary, the committee found the following statement by W.A. Boyle, president of the United Mine Workers of America, a most compelling reason for its inclusion in the bill:
ResearchSection 401 requires the Board to establish objectives for the conduct of appropriate studies, research, experiments, and demonstrations. Activities to meet the objectives in the area of coal mine health will be carried out by the Secretary of Health, Education, and Welfare. Those in the area of coal mine safety will be carried out by the Secretary of the Interior. Results of such studies and research will be available to the general public. The committee intends that until healthful and safe conditions in coal mines are assured, research in these areas must be substantially expanded.
Funds for the research shall be distributed to the Secretaries from moneys the Board shall receive from operators, appropriations, and the States. Each operator is required to contribute an amount equal to 2 cents for each ton of coal he produces. The Board may reduce this amount when it determines it has sufficient funds from other sources with which to carry out its activities. In addition, the Federal Government will contribute an amount equal to 2 cents for each ton of coal produced by operators. States may also contribute and the Federal Government will match such contributions up to an amount equal to 1 cent per ton of coal produced in the respective State.
Prior to distributing any funds derived under this section, the Board must first assure the payment of the chest roentgenograms and other tests provided for under section 203(a).
The committee believes the Board should consider, as the first priority item in establishing objectives for the conduct of studies, research, experiments, and demonstrations, the establishment of a respiratory disease center. The medical information gathered in Great Britain is comprehensive and impressive, and was derived largely because a central repository for the collection and interpretation of relevant data was established.
Assistance to StatesThe Secretary is authorized to make grants to any State in which coal mining takes place (1) to conduct research and planning studies and to carry out plans designed to improve workmen's compensation and occupational disease laws and programs, as they relate to compensation for pneumoconiosis and injuries in coal mine employment and (2) to assist the States in planning and implementing other programs for the advancement of health and safety in coal mines.
For this purpose there is authorized to be appropriated for the fiscal year ending June 30, 1970, and each of the succeeding fiscal years, the sum of $1 million.
EquipmentUnder section 404, the Secretary is authorized to make loans to operators of coal mines to enable them to procure or convert equipment needed by them to comply with the provisions of this act. The loans shall not have maturities beyond 20 years and shall bear interest at a rate adequate to cover (1) the cost of the funds to the Treasury, (2) the cost of administering the loans, and (3) probable losses. The Secretary shall use the services of the Small Business Administration to the greatest extent possible in carrying out this section.
Inspectors; Qualification; TrainingSection 405 establishes qualifications for inspectors and requires the Secretary to provide for the adequate training and continuing education of such personnel.
The requirements of the Federal mine safety acts impose an immediate and urgent need to upgrade and expand the inspectorate that must carry out the provisions of the acts. The only way to meet this emergency is to institute an intensive educational and training program for the inspectors. The immediate goal of the education and training program is to upgrade the existing staff, a parallel objective is to supplement the present staff as soon as possible with well-trained and properly educated additional personnel. The ultimate objective is to establish a fully professionalized inspection staff that can be deployed to insure fulfillment of the purpose of the Federal Mine Safety Acts. These men must be trained and educated to understand the highly technical conditions they will meet in the mines today and be able to cope with new technology as it is introduced in the future. These duties are not simple routine inspection but require engineering knowledge and the ability to judge and evaluate the complex conditions that can be encountered in an operating mine.
The committee fully expects the Secretary to undertake a comprehensive and exhaustive program of recruiting, training, and continually educating persons employed as his authorized representatives or in other capacities. The Secretary should also initiate programs for the training and retraining of inspectors by appropriate educational institutions and operators. The committee believes that adequate funding for these activities must be provided at the earliest possible date.
Special ReportThe Board shall make a study to determine the best manner to coordinate Federal and State activities in the field of coal mine health and safety and report to the Congress as soon as practicable on the results of its study.
Operative Date and RepealThe provisions of titles I and III of this act become operative 90 days after enactment. The provisions of title II become operative 6 months after enactment. The provisions of the Federal Coal Mine Safety Act are repealed on the operative date of titles I and III of this act.
Section 1. Short titleThis section provides that the act may be cited as the "Federal Coal Mine Health and Safety Act of 1969'.
Section 2. Declaration of purposeIn this section the Congress declares that--
(2) occupationally caused death, illness, or injury of a miner causes grief and suffering and is also a serious impediment to the growth of the industry.
(3) more effective means for improving the working conditions and practices in our coal mines must be provided in order to prevent death and serious physical harm and to control the causes of occupational diseases,
(4) the existence of unsafe and unhealthy conditions and practices in coal mines cannot be tolerated,
(5) The operators, assisted by the miners, have primary responsibility to prevent unsafe and unhealthful conditions and practices in coal mines,
(6) the disruption of production and the loss of income as a result of coal mine accidents or occupationally caused disease unduly impedes and burdens commerce, and
(7) it is the purpose of the act to provide for the establishment of mandatory health and safety standards with which operators and the miners must comply.
Section 3. DefinitionsThis section contains definitions of terms used in the Act. Of these, the following are of special significance.
"Secretary" will mean the Secretary of the Interior.
"Operator" will mean any owner, lessee, or other person who operates, controls, or supervises a coal mine.
"Agent" means any person having responsibility for the operation of all or part of a coal mine or the supervision of employees in a coal mine.
"Coal mine" is defined to mean an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and all other property, real or personal, placed on, under, or above the surface of such land by any person, if it is used or to be used in, or results from, the work of extracting bituminous coal, lignite, or anthracite by any means or method, and the work of preparing the coal so extracted. The term includes custom coal preparation facilities.
"Work of preparing the coal" means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and any other work of preparing the coal which is usually done by the operator of the coal mine.
"Imminent danger" means the existence of any condition or practice in a coal mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.
"Accident" includes a mine explosion, mine ignition, mine fire, or mine inundation, or injury to, or death of, any person.
Section 4. Mines subject to actThis section provides that every coal mine the products of which enter interstate or foreign commerce, or the operations or products of which affect interstate or foreign commerce, shall be subject to this act. It requires each operator of, and every person working in, such a mine to comply with the provisions of this act and the regulations of the Secretary promulgated under it.
Section 101. Health and safety standards; reviewSubsection (a) of this section requires the Secretary, in the manner described later, to develop, promulgate, and revise mandatory safety standards for the protection of life and the prevention of injuries in coal mines subject to the act. He is also required to promulgate the mandatory health standards which are transmitted to him by the Secretary of Health, Education, and Welfare, as hereafter described. No mandatory health or safety standard may be so promulgated which reduces the protection afforded miners below that afforded by the standards contained in title II and III of the act.
Subsection (b) provides that when he develops mandatory safety standards, the Secretary must consult with interested persons and organizations, including the Federal Coal Mine Health and Safety Board of Review, other Federal agencies, representatives of States, and appropriate representatives of coal mine operators and miners. In developing safety standards, in addition to the attainment of the highest degree of safety protection for the miners, other considerations should be the latest available scientific data in the field, technical feasibility of the standards, and experience gained under this and other safety statutes.
Subsection (c) of this section directs the Secretary of HEW to develop and revise mandatory health standards for the protection of life and the prevention of occupational diseases of coal miners. In developing and revising these standards, the Secretary is required to base them upon research, demonstrations, and experiments, and such other information as may be appropriate. When he has developed or revised a mandatory health standard, the Secretary of HEW will transmit it to the Secretary of the Interior who will publish it as a proposed mandatory health standard.
Subsection (d) requires the Secretary to publish proposed mandatory health and safety standards in the Federal Register and to allow interested persons at least 30 days to submit written data or comments. Thereafter, unless an objection is filed as provided in subsection (e), the Secretary may, in the case of a mandatory standard which is a safety standard, after consideration of all the data and comments which have been submitted, promulgate the standard with any modifications he deems appropriate. In the case of a mandatory standard which is a health standard, unless an objection is filed, the Secretary of HEW may, upon the expiration of such 30-day period, and after consideration of all relevant data and comments transmitted to him, direct the Secretary to promulgate the standard with such modification as the Secretary of HEW may deem appropriate.
Subsection (e) provides that during the period fixed for submission of written data and comments as described in the preceding subsection any interested person may file written objection to the proposed standards stating the ground therefore and requesting a public hearing by the Federal Coal Mine Health and Safety Board of Review. The Secretary will then publish in the Federal Register a notice specifying the proposed standard to which objections have been filed and hearing requested and will refer the standards and objections to the Board for review as provided in subsection (f).
Subsection (f) provides that the Federal Coal Mine Health and Safety Board of Review shall, as soon as a matter is referred to it, issue notice and hold a public hearing. Within 60 days after it has finished the hearing, the Board must issue a report to the Secretary setting forth findings of fact and appropriate recommendations. The report will be made public. When he receives such a report, in the case of a safety standard, the Secretary may, upon consideration of the Board's findings of fact and recommendations, promulgate the mandatory safety standard with such modifications as he deems appropriate. When he receives such a report, in the case of a mandatory health standard, he will transmit it to the Secretary of HEW who may, after consideration of the Board's findings of fact and recommendations, direct the Secretary to promulgate the health standard with any modifications the Secretary of HEW deems appropriate. in any case in which either such Secretary does not adopt the Board's recommendations, he shall publish his reasons therefor.
Subsection (g) provides that mandatory standards promulgated as described above will be effective upon publication in the Federal Register unless the Secretary specifies a later date.
Subsection (h) requires the Secretary to develop and publish proposed mandatory safety standards for surface coal mines within 12 months after the enactment of the act.
Section 102. Advisory committeesThis section authorizes the Secretary to appoint advisory committees to advise him in carrying out the act. Members of advisory committees who are not governmental employees will be paid on a per diem basis at a rate not in excess of that prescribed for grade GS18 in the general schedule.
Section 103. Inspections and investigationsSubsection (a) of this section provides that there shall be frequent inspections and investigations in coal mines by authorized representatives of the Secretary. These inspections and investigations shall be made for the following purposes:
(2) Gathering information with respect to health and safety standards.
(3) Determining whether an imminent danger exists in a coal mine.
(4) Determining whether or not there is compliance with the mandatory health and safety standards or with any notice or order issued under this title.
Subsection (b) of this section provides that the Secretary or his authorized representative shall have a right of entry to a coal mine for the purpose of making inspections or investigations. It also provides that the provisions of the act relating to inspections, investigations, and records shall be available to the Secretary of HEW in carrying out his functions under the act.
Subsection (c) authorizes the Secretary, by agreement, to utilize the services, personnel, and facilities of any Federal Agency in carrying out the act.
Subsection (d) provides that in making investigations relating to health or safety in a coal mine, the Secretary may hold public hearings and may issue subpoenas which are enforceable in the U.S. district courts.
Subsection (e) requires the operator of a coal mine in which an accident occurs to notify the Secretary and to take appropriate action to prevent the destruction of evidence relating to the cause thereof. The Secretary or his authorized representative is required to take appropriate action to protect the life of any person where an accident occurs in a coal mine and rescue and recovery work is necessary. In such case he may, if he deems it appropriate, supervise and direct rescue and recovery activity.
Subsection (f) authorizes representatives of the Secretary to issue appropriate orders to insure the safety of persons in coal mines in which an accident has occurred. The operator of such a mine must obtain the approval of such a representative, in consultation with State representatives, when feasible, of any plan to recover any person in the mine or to recover the mine or to return affected areas of the mine to normal.
Subsection (g) authorizes miners and their authorized representatives, where they believe a violation of a mandatory health or safety standard exists or an imminent danger exists, to notify the Secretary of the violation or danger. Upon receipt of the notification the Secretary or his authorized representative may make a special investigation.
Subsection (h) authorizes representatives of the miners to accompany the authorized representatives of the Secretary on his inspections of a coal mine.
Section 104. Findings, notices, and ordersSubsection (a) of this section provides that if an authorized representative of the Secretary finds that an imminent danger exists in a coal mine he shall forthwith issue an order requiring all persons to be withdrawn immediately from the mine or the area of the mine throughout which he determines the danger exists. Such persons are prohibited from reentering such area until the representative determines that the imminent danger no longer exists. An exception is made for persons, described in subsection (d), whose presence in the mine is needed.
Subsection (b) provides that whereupon any inspection of a coal mine an authorized representative of the Secretary finds there has been a violation of a mandatory health or safety standard which has not created an imminent danger he will issue a notice fixing a reasonable time for its abatement. If the violation has not been abated by the end of the period fixed (or subsequently extended, and such period has not been further extended) he shall issue an order requiring the operator to immediately withdraw all persons from the area of the mine affected by the violation. They will thereafter be prohibited from reentering such area until it is determined that the violation has been abated. Again, an exception is made for certain persons described in subsection (d).
Paragraph (1) of subsection (c) provides that if, when inspecting a coal mine, one of the Secretary's authorized representatives finds that a mandatory health or safety standard is being violated but in a manner which does not cause an imminent danger, that the violation could significantly and substantially contribute to a mine accident and that the violation is caused by an unwarrantable failure to comply with such standards, the representative shall include such findings in the notice given the operator under subsection (b) of this section. Within 90 days thereafter the Secretary shall cause the mine to be reinspected to determine if a similar violation exists, such reinspection to be in addition to any special inspection required under subsection (b) or under section 105. If any special inspection relating to the violation or the reinspection shows a similar violation does exist and that it was caused by an unwarrantable failure of the operator to comply with mandatory health or safety standards, he shall issue an order requiring all persons to be withdrawn from the areas affected and prohibited from entering such areas until the authorized representative determines the violation, has been abated. Again, the persons listed in subsection (d) are not affected by the withdrawal order.
Paragraph (2) of this subsection provides that where a withdrawal order has been issued as described above, thereafter a withdrawal order shall be issued forthwith by a duly authorized representative of the Secretary who finds on any subsequent inspection that a violation exists in the mine similar to that which resulted in the issuance of a withdrawal order before. In such a case, persons will be debarred from entering the affected areas until an inspection disclosed no similar violations, and then the provisions of paragraph (1), described above, will be again applicable to that mine.
Subsection (d) contains a list of persons who may enter an area affected by a withdrawal order. These are (1) persons whose presence is necessary to eliminate the condition, (2) public officials in pursuance of their official duties, (3) representatives of employees who in the judgment of the operator are qualified to make coal mine inspections or who are accompanied by such a person and whose presence in the area effected is necessary for the investigation of the conditions described, and (4) any consultant to any of those listed above.
Subsection (e) requires notices and orders issued under this section to contain a description of the conditions or practices which cause an imminent danger or a violation of a mandatory standard, and a description of the area of the mine from which persons must be withdrawn and prohibited from entering.
Subsection (f) requires notices and orders to be given promptly to the operator and that they shall be in writing and signed.
Subsection (g) authorizes authorized representatives of the Secretary to modify or terminate any order issued under the section.
Subsection (h) provides that if an authorized representative of the Secretary finds that conditions exist in a mine which have not yet resulted in imminent danger, cannot be effectively abated with existing technology, and reasonable assurance cannot be provided that the continuance of mining operations will not result in imminent danger he must issue a notice thereof to the operator and file a copy thereof, incorporating his findings, with the Secretary and with the representative of the miners. Upon receipt thereof the Secretary will cause an investigation to be made which will include an opportunity for the operator and representatives of the miners to present information. If, after the investigation, and an opportunity for a hearing by an interested person, the Secretary shall make findings of fact and either cancel the notice issued by his representative or issue an order requiring the operator to withdraw all persons from the affected area. If they are withdrawn, they may not reenter such area until the Secretary, after a hearing affording all interested persons an opportunity to present their views, determines that the conditions have been abated.
Subsection (i) provides that when the samples of respirable dust taken and analyzed as required by section 202(a) show that the applicable dust level exceeds the health standards established by section 202(b), the Secretary must find a reasonable time within which to take corrective action to reduce the concentration of respirable dust to the miners in the area of the mine in which such standard was exceeded and must fix a reasonable time for the abatement of the violation. During that time, the operator of the mine is required to cause samples of respirable dust to be taken as described in section 202(a) in the affected area during each production shift. If, upon the expiration of the prescribed period of time, the Secretary finds that the violation has not been totally abated, he will issue a new notice of violation if he finds that such period of time should be further extended. If he finds that the period should not be further extended, he will issue an order requiring the withdrawal of all persons from the area affected by the violation. They will not be permitted to reenter until test procedures show that the violation has been abated.
Section 105. Review by the SecretaryThis section describes the manner in which interested persons may obtain a review by the Secretary of orders issued as described in the preceding section.
Subsection (a) permits each operator and each representative of miners in any mine affected by an order issued under section 104, or any modification or termination of such an order, to apply for review of the order within 30 days. When he receives an application for review, the Secretary will cause an investigation to be made. The investigation must provide an opportunity for a hearing at the request of the applicant or a representative of persons working in the mine.
Subsection (b) provides that when the Secretary receives a report of the investigation he must make findings of fact and, if it is an order issued under subsection (a) of section 104, find whether or not an imminent danger existed at the time of the order and whether or not it existed at the time of the investigation, and, in the case of orders, issued under subsections (b), (c), and (i) of section 104, he will find whether or not there was a violation of any mandatory health or safety standard described in the order and whether or not it was abated at the time of the investigation. When he has made such findings, he will issue a written decision with respect to the order complained of and incorporate his findings therein.
Subsection (c), citing the urgent need for prompt decision of these matters, requires the Secretary to carry out these duties as promptly as practicable, consistent with adequate consideration of the issues involved.
Subsection (d) permits applicants for review to file requests for temporary relief and permits the Secretary to grant such relief on such conditions as he may prescribe after affording a hearing.
Section 106. Federal Coal Mine Health and Safety Board of ReviewThis section establishes the Federal Coal Mine Health and Safety Board of Review (hereinafter referred to as the "Board").
Subsection (a) provides that for purposes of carrying out its functions under sections 107 and 111 (relating to the review of orders and the imposition of penalties) the Board will be composed of five members (referred to in the bill as regular members) to be appointed by the President, by and with the advice and consent of the Senate.
Subsection (b) provides that for the purpose of carrying out the functions set forth in sections 107, 401, and 412 and matters related thereto (review of mandatory standards, prescribing the nature of research to be undertaken, and the making of a special study) the Board will include three additional members who are also to be appointed by the President, by and with the advice and consent of the Senate. Of the additional members, one will have a public health background and the others will have a background in coal mining technology. The mining industry for a year prior to their appointment.
Subsection (c) provides that the term of office of members of the Board will be 5 years, except that a person filling a vacancy will serve only for the remainder of the term of the member whom he succeeds. Members of the existing Federal Coal Mine Safety Board of Review in office on the effective date of the act will automatically become regular members of the new Board.
Subsection (d) provides that members of the Board will receive a per diem compensation at the rate prescribed for persons in grade GS18 of the general schedule. They will be fully reimbursed for travel, subsistence, and related expenses.
Subsection (e) prescribes the required qualifications of regular members of the Board. It requires that the membership of the Board include a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of each of the following: operators employing 14 or fewer employees, operators employing 15 or more employees, miners in mines employing 14 or fewer employees, and miners in mines employing 15 or more employees. In addition, there would be one member drawn from the public generally who will be Chairman of the Board. The Chairman may not have had a pecuniary interest in or have been employed or engaged in the mining of coal or have regularly represented either miners or operators, or have been an official of the Department of the Interior for the last 5 years. This same requirement would apply while he is Chairman of the Board.
Subsection (f) provides that the principal office of the Board is in the District of Columbia but that the Board may hold hearings or conduct other proceedings at any other place in specified circumstances. If a mine operator or a representative of miners requests it, the Board may hold hearings or conduct other proceedings on a application filed under section 107 at the county seat of the county in which the mine is located or at any other place mutually agreed to.
Subsection (g) of this section authorizes the Board to hire a secretary and legal counsel without regard to the civil service laws. Other employees of the Board are to be hired in conformity with the civil service laws.
Subsection (h) of this section provides that in carrying out its functions of reviewing the Secretary's order and of prescribing penalties, the Board may take action only on the affirmative vote of at least three regular members, except that where the mine involved has not more than 14 employees employed underground-- referred to s small mines-- the participation of the small mine operators' representative and the small mine workers' representative is required. Similarly, where such action involves mines with more than 14 individuals employed underground, the participation of the large mine operators' representative and the large mine workers' representative is required. The subsection also permits, if the Board so orders, a special panel to conduct a hearing and to submit a transcript thereof to the entire Board for its action. In such a case an opportunity to appear before the Board or the panel shall be afforded the parties prior to final action. The Board may afford the parties an opportunity to submit additional evidence.
Subsection (i) requires official acts of the Board to be entered on the record and its hearings and records to be open to the public. It prohibits the Board from inspecting coal mines for the purpose of determining any application.
Subsection (j) authorizes the Board to make rules for its proceedings which shall include adequate notice of hearings to all parties. The rules of the Federal Coal Mine Safety Board of Review in effect on the date of enactment of this act will constitute the rules of the new Board until superseded or modified. Three members of the Board shall constitute a quorum for purposes of carrying out its functions under sections 107 and 111-- relating to review of the Secretary's orders and the assessment of penalties. In carrying out its other functions five members of the Board shall constitute a quorum.
Subsection (k) gives subpena power to the Board.
Subsection (l) permits the Board to take testimony by deposition with reasonable protection for the interests of all parties.
Subsection (m) provides that subpoenas issued by the Board may be enforced in Federal district courts.
Section 107. Review by the BoardThis section deals with the review by the board orders of the Secretary or his authorized representatives.
Subsection (a) provides that a coal mine operator may apply to the Board for annulment or revision of a, order made pursuant to subsection (a), (b), (c), (h), or (i) of section 104. Such an application must be made within 30 days after receipt of the order. It may be made without first seeking its annulment or revision by the Secretary under section 105. Where the Secretary has reviewed an order under section 105, an operator may apply to the Board for a review of that decision within 30 days after its receipt.
Subsection (b) of this section provides that in proceedings for review by the Board the operator of the mine will be the applicant and the Secretary will be the respondent. Provision is made for giving appropriate notice to the respondent and to miners' representatives of the nature of the decision or order complained of. The Board is required to permit all interested persons to intervene in the proceedings.
Subsection (c) provides that if the appeal is made to the Board directly from an order issued by a representative of the Secretary, without a prior appeal to the Secretary, the Board is not to be bound by previous findings offered by the parties to the proceedings. If the application is made to the Board from a decision issued by the Secretary under section 105 the record and decision of the Secretary will be received into evidence and his findings including the decision, will constitute a prima facie case for the issuance of the decision complained of and the burden of rebutting such prima facie case will be upon the applicant, but either party may produce additional evidence.
Subsection (d) of this section provides that when the Board concludes its hearings it shall make a finding as to whether or not the alleged imminent danger, violation of a mandatory standard, or condition described in section 104(h) (1) existed at the time of issuance of such order and whether or not such danger or such violation existed at the time of the application. It will issue a written decision incorporating such finding therein and affirming, vacating, modifying, or terminating the order or decision issued under section 104 or 105.
Subsection (e) requires decisions of the Board to show the date upon which made, by signed by the concurring members, and entered on its official record.
Subsection (f) provides that while a case is pending before the Board, the Board may grant temporary relief, but only after a hearing in which all parties are given an opportunity to be heard.
Subsection (g) directs the Board to take action under the appellate provisions as promptly as practicable consistent with adequate consideration of the issues involved.
Section 108. Judicial reviewThis section provides that any decision issued by the Board under section 107 shall be subject to judicial review in the U.S. court of appeals for the circuit in which the affected mine is located. The review will be on petition by the Secretary or by the operator aggrieved. The court will hear the appeal on the record made before the Board, and the rulings of the Board, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may to the extent necessary to prevent irreparable injury, after affording due notice to and hearing of the parties to the appeal, may grant appropriate temporary relief pending the final determination. The judgment of the court shall be subject only to review by the Supreme Court upon certiorari or certification. The commencement of proceedings for judicial review will not unless so ordered by the court operate as a stay of the Board's decision.
Section 109. Posting of notices and ordersSubsection (a) of this section requires that there be maintained at each coal mine an office and a bulletin board near the entrance of the mine where notices may be posted which are required by law. Any notice or order required by the act to be given to an operator may be delivered to the office of the mine and a copy shall then be immediately posted on the bulletin board by the operator.
Subsection (b) requires the Secretary to cause a copy of any notice or order required by this title to be given to the operator to be mailed immediately to the representatives of persons working in the affected mine and to the public official or agency of the State concerned.
Subsection (c) of this section permits the Secretary to deliver any notice or order to an agent of the operator of a mine, and the agent is required to take appropriate measures to insure the compliance with the notice or order.
Subsection (d) requires each mine operator to file with the Secretary, and keep current, the name and address of the mine and the name and address of the person who controls or operates the mine. Each operator is required to designate an official at such mine as the principal officer in charge of health and safety at the mine. Where the mine is subject to control of a person not directly involved with its daily operation, there shall be filed with the Secretary the name and address of both the person who controls the mine and of the person having overall responsibility for the health and safety program at the mine.
Section 110. InjunctionsThis section authorizes the Secretary to request the Attorney to institute civil action for relief, including permanent or temporary injunctions, restraining orders, or other appropriate orders, in the U.S. district court in which a coal mine is located or in which the operator has his principal office, in a number of specified instances. These civil actions will be brought whenever such operator or his agent--
(2) Interferes with, hinders, or delays the Secretary or his authorized representative from carrying out the act,
(3) Refuses to admit such representative to the mine,
(4) Refuses to permit inspection of the mine,
(5) Refuses to furnish information requested by the Secretary,
(6) Refuses to permit access to and copying of records.
Section 111. PenaltiesSubsection (a) of this section provides that the operator of a coal mine in which a violation occurs of a mandatory health or safety standard, or who violates any provision of this act, shall be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. In fixing the amount of the penalty, the Secretary is required to consider the operation's history of previous violations, the appropriateness of the penalty to the size of the business, its effect on the operator's ability to continue in business, the gravity of the violation, and the demonstrated good faith in rapidly complying after notification of violation. The penalties will not be assessed pending the final termination of all proceedings for review under this title.
Subsection (b) of this section gives the operator an opportunity to obtain a hearing before the Board before being required to comply with an order assessing a penalty.
Subsection (c) provides that where an operator fails to pay a civil penalty, the Secretary may request the Attorney General to institute a civil action in a district court to collect the penalty.
Subsection (d) provides that any person who knowingly violates any order issued under section 104(a) or any final decision on any other order issued under the title shall, upon conviction, be fined not more than $10,000 or imprisoned not more than 6 months or both. If the conviction is for a second violation, the punishment shall be a fine of not more than $20,000 or imprisonment for not more than 1 year, or both.
Subsection (e) provides that when a corporate operator violates a mandatory health or safety standard or violates any provision of the act, any director, officer, or agent of the corporation who authorized, ordered, or carried out the violation shall be subject to the provisions of subsection (a). Similarly, when a corporate operator knowingly violates any order issued under section 104(a) or any final decision on any other order any such director, officer, or agent who authorized, ordered, or carried out the violation shall be subject to the provisions of subsection (d).
Subsection (f) provides that any person who knowingly makes a false statement or representation in any document filed or maintained in accordance with the provisions of this act or any mandatory health or safety standard of this act or any order issued under the act shall be fined not more than $10,000 or imprisoned not more than 6 months, or both.
Section 112. Entitlement of minersThis section contains two major provisions. The first of these, contained in subsection (a), relates to compensation for miners who are idled by reason of an order issued under section 104. The second of these, contained in subsection (b), relates to compensation in respect of total disability of an individual from complicated pneumoconiosis which arose out of or in the course of his employment in a coal mine and in respect of the death of any individual who at the time of his death was suffering from complicated pneumoconiosis which so arose.
It is provided in subsection (a) that, if a mine or portion of a mine is closed by an order issued under section 104, all miners working during the shift when the order was issued who are idled by the order will receive full compensation for the period they are idled but not for more than balance of the shift. If the order is not terminated prior to the next working shift, all miners on that shift who are idled by the order will receive full compensation for the period they are idled but not for more than 4 hours of the shift. Whenever an operator violates or refuses to comply with an order issued under section 104, all miners at the affected mine who would be withdrawn or prevented from entering the mine as a result of such order shall be paid full compensation, in addition to pay received for work performed after the order was issued, for the period beginning when the order was issued and ending when the order is complied with, vacated, or terminated.
Paragraph (1) of subsection (b) of this section provides for payments of compensation in respect of total disability of an individual from complicated pneumoconiosis which arose out of or in the course of his employment in a coal mine, and in respect of the death of an individual who, at the time of his death, was suffering from complicated pneumoconiosis which so arose. It is provided that if an individual who is suffering or suffered from complicated pneumoconiosis was employed for 10 or more years in a coal mine, there is a rebuttable presumption that his disease arose out of or in the course of such employment. This presumption does not affect applicability of the first paragraph in the case of claims on account of death or total disability of an individual who has not worked for so long as 10 years in a coal mine. All persons who suffered from complicated pneumoconiosis will be deemed, for purposes of this subsection, to be totally disabled.
Paragraph (2) of this subsection specifies the amount of compensation to be paid.
(1) If an individual is totally disabled he will be paid at a rate equal to one-half the minimum monthly compensation to which a U.S. employee in grade GS- 2 of the general schedule who is totally disabled is entitled at the time of payment under the provisions of Federal law relating to Federal employees' compensation.
(2) In the case of a death, compensation will be paid to the widow at the rate the deceased individual would receive if he were totally disabled.
(3) If a person is entitled to compensation as described in either paragraph (1) or paragraph (2) has dependents, his compensation will be increased 50 percent, if he has one dependent, 75 percent if he has two, and 100 percent if he has three. Compensation payable will be reduced by any payment the individual receives under a workmen's compensation, unemployment compensation or disability insurance law of his State, and also by the amount by which such payment would be reduced on account of excess earnings under sections 203(b) through (l) of the Social Security Act if the amount paid were a benefit payable under section 202 of such act.
Paragraph (3) of this subsection directs the Secretary of Labor to enter into agreement with the Governors of the States under which the State will receive and adjudicate claims from its residents and will make payments to claimants from grants made to the State under this subsection. The Governor is authorized to implement the agreement in such manner as he determines will best carry out the provisions of the subsection, but he will make reports to the Secretary of Labor subject to such verification as may be necessary to insure that Federal grants are used for their intended purpose.
Paragraph (4) directs the Secretary to make payments of compensation directly to residents of States where the Governor has requested him to do so or where he is unable to enter into an agreement as provided in paragraph (3). In such a case the administrative provisions for carrying out the Federal employees' compensation program contained in title 5, United States Code, will apply with respect to claims under this paragraph.
Paragraph (5) provides that claims must be filed within 1 year after the date an employed miner receives the results of his first chest roentgenogram provided for under section 203 or, if he did not receive such a chest roentgenogram, the date he was first afforded an opportunity to do so under that section. In the case of other claimants, the claim must be filed within 3 years from the date of enactment of this act, or, in the case of a claimant who is a widow, within 1 year after the death of her husband or within 3 years from the date of enactment of the act, whichever is later.
Paragraph (6) provides that compensation will be denied residents of States which after the date of enactment of this act reduce the benefits payable to persons eligible to receive compensation hereunder, under its State laws which are applicable to its general work force with regard to workmen's compensation, unemployment compensation, and disability insurance.
Paragraph (7) contains definitions. It provides that subsection (b) will apply only to underground coal mines. It defines the term "complicated pneumoconiosis" to mean an advanced stage of a chronic coal dust disease of the lung which (1) when diagnosed by chest roentgenogram yields one or more large opacities (greater than 1 centimeter in diameter) that would be classified in category A, B, or C in the International Classification of Radiographs of the Pneumoconiosis by the International Labor Organization, (2) when diagnosed by biopsy or autopsy, yields massive lesions in the lungs, or (3) when diagnosis is made by other means would be a condition which could reasonably be expected to yield results described in clause (1) or (2) if diagnosis had been made in a manner described in those clauses. The term "dependent" will mean a wife or child who is a dependent as defined in section 8110 of title 5, United States Code. The term "widow" will mean a wife living with, or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion but has not remarried.
Section 113. ReportAll accidents in coal mines, including unintentional roof falls, except in abandoned panels or inaccessible or unsafe areas must be investigated by the operator or his agent to determine the cause and the means of preventing a recurrence. Records will be kept and the information shall be made available to the Secretary and the appropriate State Agency. These records will be open for inspection and include manhours worked and cover periods determined by the Secretary.
Every operator is required to establish and maintain such records and to make such reports and to provide such information as the Secretary may reasonably require to perform his functions under the act. The Secretary is authorized to compile, analyze, publish reports or information so obtained. It is also provided that all records required under the act will be available for public inspection.
TITLE II-INTERIM MANDATORY HEALTH STANDARDS
Section 201. CoverageThis section provides that the requirements in the remainder of the title will be interim mandatory health standards applicable to underground coal mines until they are superseded in whole or in part by mandatory health standards promulgated by the Secretary. They wi-l be enforced in the same manner and to the same extent as any mandatory health standard promulgated under the provisions of section 101. Any orders issued in the enforcement of the interim standards set forth in this title shall be subject to review as provided in sections 105, 107, and 108.
Section 202. Dust standard and respiratorsSubsection (a) of this section requires each operator to take samples of the amount of respirable dust in the mine atmosphere to which miners in the active workings of the mine are exposed. These samples are to be taken by a device approved by the Secretary and the Secretary of HEW and in accordance with such methods, at such places, and at such intervals and in such manner as the Secretaries shall prescribe. The samples will be transmitted to the Secretary and analyzed and recorded by him in a manner which will assure application of the provisions of section 104(i) when the results of the samples will also be made available to the operator. The operator must certify to the Secretary from time to time as to the condition of the mine atmosphere in its active workings.
Subsection (b) contains the requirements with respect to the limits on respirable dust in mine atmospheres. Paragraph (1) provides that beginning with the operative date of the title each operator must maintain the average concentration of respirable dust in the mine atmosphere to which each miner in the active working of the mine is exposed at or below 4.5 milligrams per cubic meter of air. An operator may request an extension of time beyond the operative date of this title in which to meet the above requirement. The secretary may grant such an extension for not more than 90 days if the operator demonstrates to his satisfaction that he is undertaking maximum efforts to meet such requirements but is unable to do so because it is not technologically feasible for him to do so. Paragraph (2) of subsection (b) provides that 6 months after the operative date of this title the limit on the level of dust concentration shall be 3 milligrams of respirable dust per cubic meter of air. The Secretary may grant extensions of the time for compliance with this paragraph where the operator demonstrates that he is undertaking maximum efforts to reduce such average concentration but is unable to do so because it is not technologically feasible for him to do so. Paragraph (3) provides that 6 months after the operative date of the title the Secretary of Health, Education, and Welfare shall reduce the limit of dust concentration below that prescribed by the preceding paragraph as he determines such reductions become technologically feasible.
All measurements of respirable dust under each of the three preceding paragraphs shall be take, by an MRE instrument over several shifts (but the Secretary and the Secretary of Health, Education, and Welfare may approve the use of another instrument, in which case the limitations will be translated into an equivalent amount of dust for that purpose).
Subsection (c) provides that respirators or other breathing devices must be made available to persons who are exposed to concentrations of dust in excess of the concentration permitted under the preceding subsection. The use of respirators may not be substituted for environmental control measures. An adequate supply of respirators or other breathing devices shall be maintained at each underground mine.
Section 203. Medical examinationSubsection (a) of this section requires operators of underground mines to cooperate with the Board in making available to miners in underground mines an opportunity to have at least once every 5 years, beginning 6 months after the operative date of this title, a chest roentgenogram. The cost of providing such roentgenogram will be derived under section 401(c). Each worker who begins work in a coal mine for the first time shall be given as soon as possible thereafter and again 3 years later, if he is still engaged in coal mining, a chest roentgenogram. If the second such roentgenogram shows evidence of the development of pneumoconiosis he will be given, 2 years later if he is still engaged in coal mining, an additional chest roentgenogram. These roentgenograms will be given in accordance with specification and to the extent prescribed by the Secretary of Health, Education, and Welfare and shall be supplemented by such other tests as he thinks necessary. The films will be read and classified as prescribed by the Secretary of Health, Education, and Welfare and the results of such readings and of such tests will be submitted to the Secretary, the Board, and the Secretary of Health, Education, and Welfare, and at the request of the worker, to his physician.
Subsection (b) provides that where a miner shows substantial evidence of the development of pneumoconiosis he shall, at his option, be assigned by the operator for as long as may be necessary to work either in an active place in the mine where the mine atmosphere contains concentrations of respirable dust of not more than 2.2 milligrams per cubic meter of air if measured in the usual way, or to an area of the mine containing more than such 2.2 milligrams if the miner wears approved respiratory equipment. Miners so assigned will receive compensation at a rate not less than the regular rate of pay received by them immediately prior to their assignment.
Section 204. Dust from drilling rockThis section provides that dust from drilling rock must be controlled by the use of permissible dust collectors or by water or water with a wetting agent, or by other approved methods or devices. Approved respiratory equipment must be provided persons exposed for short periods to inhalation hazards from gas, dust, fumes, or mist. When exposure is for a prolonged period, other methods to protect such persons or to reduce the hazard shall be taken.
Section 205. Dust standard when quartz is presentThis section provides that where the respirable dust in the mine atmosphere contains more than 5 per centum quartz, the Secretary of Health, Education, and Welfare must prescribe an appropriate formula for determining the applicable dust standard for such working place and the Secretary shall apply such formula in carrying out his duties under this title.
TITLE III-INTERIM MANDATORY SAFETY STANDARDS FOR
Section 301. CoverageSubsection (a) provides that the remaining sections of this title shall constitute interim mandatory safety standards. They will be applicable to all underground coal mines until superseded by mandatory safety standards promulgated under section 101, and will be enforced in the same manner and to the same extent as such mandatory standards. Orders enforcing these standards will be subject to review as provided in sections 105, 107, and 108.
Subsection (b) gives the Secretary authority, upon petition, to waive or modify a mandatory safety standard in the case of any mine where its application will diminish the safety of miners, but his action under this authority must be consistent with the purpose of the act and not reduce the protection afforded miners.
Under subsection (c) the Secretary may modify the application of a mandatory safety standard to a mine. Such modification shall be based on a petition setting forth an alternative method of achieving the result of such standard without reducing the measure of protection afforded miners. After an investigation, and notice and opportunity for hearing to persons affected, the Secretary shall make findings of fact with respect to the matter and publish them in the Federal Register.
Section 302. Roof controlSubsection (a) of this section requires each operator of a mine to undertake to carry out on a continuing basis, a program to improve the roof control system of each mine, and a method to accomplish such system. This subsection also requires that all active underground roadways, travelways, and working places be supported or otherwise controlled. A roof control plan suitable to the roof conditions and mining systems of the mine shall be adopted and approved by the Secretary and be made available in printed form within 60 days after the operative date of this title. The plan shall be reviewed at least every 6 months by the Secretary. Temporary roof supports shall be provided when it is necessary for anyone to go in by the last permanent roof supports except when temporary roof supports are not required under the approved roof control plan. Copies of the plan shall be furnished to the Secretary or his authorized representative and made available to the miners or their authorized representative.
Subsection (b) of this section requires that the method of mining used shall not expose miners to unusual danger from roof falls caused by excessive width of rooms or entries or faulty pillar recovery methods.
Subsection (c) of this section requires the operator to provide supplies of suitable materials to secure the roof at or near the place where roof is being supported. Temporary roof supports such as safety posts, jacks, or other devices are to be used when roof material is being taken down and permanent roof supports are being installed. Loose roof for other unsafe roof, face, or rib conditions must be taken down or supported. Roof supports that are accidentally removed shall be replaced promptly.
Subsection (d) requires that when roof bolts are used under an approved roof- control plan they shall be tested according to that plan. Roof bolt recovery shall not be attempted where conditions are not safe, but when roof bolt recovery is permitted under an approved plan such work shall be carried out in accordance with an approved plan and by experienced miners and only when temporary roof supports are used.
Subsection (e) requires the mine operator to have examinations and tests of the roof, face, and ribs made before any work or machine is started and as frequently as needed to insure safety. When dangerous conditions are found, they are to be corrected immediately.
Section 303. Ventilation
Subsection (a) of this section requires that all mines be ventilated by mechanical ventilation equipment. Such equipment is required to be installed and operated as prescribed by an authorized representative of the Secretary and to be examined daily. A record is required of such examination.
Section 304. Combustible materials and rock dustingSubsection (a) of this section requires that coal dust, float coal dust, loose coal, and other combustible materials be cleaned up so that it will not accumulate in active underground workings or on electric equipment.
Subsection (b) requires the operator to use water, water with a wetting agent, or other approved effective means to reduce the dust under conditions where excessive amounts of dust would otherwise be created or raised into the mine atmosphere. It also requires, in particular within 40 feet from the face, that water, with or without a wetting agent, or other approved effective means, be applied to coal dust on the ribs, roof, and floor to reduce that rate at which it would be dispersed into the mine atmosphere.
Subsection (c) requires all underground areas of a mine, except where the dust is too wet or too high in incombustible content, to be rock dusted to within 40 feet of all faces including all open crosscuts within 40 feet of all faces. Areas that are inaccessible or unsafe to enter do not have to be rock dusted nor do those areas where an authorized representative permits an exception.
Subsection (d) requires that where it is necessary to rock dust, the rock dust shall be applied on the top, floor, and sides of all underground areas of a mine. Rock dust must be applied in such amounts that the incombustible content of the combined dust will not be less than 65 percent; except in the return air courses which must have an incombustible content of not less than 80 percent. Where explosive gas is in the ventilating current that passes through the rock dusted areas, the percent of incombustible content of such dusts must be increased 1 percent for each 0.1 percent of explosive gas, where 65 percent of incombustible is required and 0.4 percent for each 0.1 percent of explosive gas where 80 percent incombustible is required.
Subsection (e) relieves underground anthracite mines, subject to this act, from compliance with subparagraphs (b) through (d).
Section 305. Electrical equipmentParagraph (1) of subsection (a) of this section requires all electric face equipment used in a mine to be permissible and to be maintained in a permissible condition. The Secretary may permit nonpermissible equipment in operation when the act is enacted to continue in operation for up to 1 year under conditions that the Secretary will prescribe. However, this paragraph does not apply to any mine which is not classed as gassy.
Paragraph (2) of subsection (a) of this section requires that only permissible junction or distribution boxes be used for making multiple power connections in by the last open crosscut. The same type of permissible equipment must be used where dangerous quantities of explosive gases may be present or may enter the air current.
Paragraph (1) of subsection (b) of this section provides that 4 years after the operative date of the title, electric face equipment used in mines exempted from the provisions of section 305(a) (1) shall be permissible and shall be maintained in a permissible condition, except that the Secretary may waive these requirements on an individual mine basis for a period not in excess of 2 years if he determines that the waiver is warranted. He may also waive such requirements on an individual mine basis if he determines that the permissible equipment for which the waiver is sought is not available to such mine.
Paragraph (2) of subsection (b) provides that 1 year after the operative date of this title all replacement equipment acquired for use in any mine referred to in this subsection must be permissible and be maintained in a permissible condition, and in the event of any major overhaul of any item of equipment in use 1 year in the event of any major overhaul of any item of equipment in use 1 year from the operative date of this title such equipment shall be put in and thereafter maintained in a permissible condition, if such equipment or necessary replacement parts are available.
Paragraph (3) of subsection (b) of this section provides that 1 year after the operative date of this title all low-power electric equipment which is taken into or used in by the last open crosscut of any mine shall be permissible and thereafter maintained in a permissible condition.
Paragraph (4) of the subsection provides that during the term of the use of any nonpermissible electric face equipment permitted under this subsection, the Secretary may be regulation provide for use of methane monitoring devices under controlled conditions which will automatically deenergize electrical circuits providing them with power when the concentration of explosive gas in the atmosphere of the active working permits, in the opinion of the Secretary, a condition in which an ignition or explosion may occur.
Subsection (c) requires that a copy of any permit granted by the Secretary to permit operation of nonpermissible equipment be mailed to a representative of the employees at the mine and to the agency of the State which administers the State mine health and safety laws.
Subsection (d) requires that electric face equipment which was required to be permissible prior to the operative date of this title continue to be maintained in a permissible condition.
Subsection (e) requires that all connections to power sources, except permissible power connection units, outby the last open crosscut must be made in intake air.
Subsection (f) of this section requires that the location and electrical rating of all stationary electric apparatus in connection with the mine electric system, and all settings of all direct-current circuit breakers protecting underground trolley circuits, must be shown on a mine map. Changes shall be promptly shown on the map when the change is made. The map must be available to an authorized representative of the Secretary and to the miners in the mine.
Subsection (g) requires an operator to disconnect electric power from all electric wiring and equipment before repairs are made. Work on energized trolley wires is permitted provided the workman wears insulated shoes and gloves. Only persons supervised by competent electricians may work on medium and high voltage distribution equipment and circuits. Switches must be locked in an open position where the power is disconnected to prevent accidental reclosing. The persons performing the work must retain possession to the key to guard against such reclosing.
Subsection (h) requires periodic inspections of all electric equipment by a competent electrician to prevent hazards from developing through neglect and that all defects be repaired by the operator before the equipment is used again. A record is to be made of such examinations and it shall be available to the Secretary.
Subsection (i) requires that all wiring and control equipment be large enough for the electric current which will be carried by them without creating excessive heat which would damage the insulator.
Subsection (j) requires all splices and joints in wiring made to join two ends of conductors together use connectors or clamps so as to be able to carry the necessary current without overheating and that the splices be as well insulated as the original unspliced conductors.
Subsection (k) requires that cables entering metal frames of electric equipment pass through proper fittings that will not allow the cable to be damaged by movement of the cable as the equipment is used. Insulated wires must pass through insulated bushings which will provide additional insulation at the point that the wire enters the metal compartment.
Subsection (l) requires that all ungrounded power conductors (except trailing cables on mobile equipment, specially constructed high-voltage cables, and wires used for grounding frames of equipment), be installed on proper insulators and not allowed to touch combustible material, roof, or ribs.
Subsection (m) requires that all power conductors, except trolley and trolley feeder wires and bare signal wires, be installed properly insulated and protected from mechanical damage.
Subsection (n) requires that circuit breakers or fuses of correct type and size must be installed to protect all electric equipment and circuits against electrical short circuits and unexpected surges of current. Three-phase motors on all electric equipment shall be provided with overload protection that will deenergize all three phases in the event that any phase is overloaded.
Subsection (o) requires that disconnecting switches be installed in all main power circuits within 500 feet of the bottom of shafts and boreholes so that the circuit can be deenergized from inside the mine. Disconnecting switches must be installed in other main power circuits entering the underground portion of the mine at the point the circuits enter the mine.
Subsection (p) requires that electric equipment be provided with switches or other safe controls that are safely designed, constructed, and installed.
Subsection (q) requires protection against lighting for each ungrounded exposed power conductor entering the mine. The lightning arresters must be installed within 100 feet of the point of entry and connected to a low- resistance ground field which is separated from neutral ground by 25 feet.
Subsection (r) prohibits the use of open flame or open lights in underground mines, except those permitted under controlled conditions under section 311(d) of the act.
Subsection (s) authorizes an inspector to require devices on face equipment so that the equipment could be deenergized quickly in the event of an emergency.
Section 306. Trailing cablesSubsection (a) provides that trailing cables used in an underground mine be fire resistant in accordance with standards established by the Secretary.
Subsection (b) provides that each undergrounded conductor of all trailing cables will be protected against short circuits by an automatic circuit breaker, or other no less effective device approved by the Secretary, of adequate interrupting capacity. A means of disconnecting power from trailing cables must be provided and it must be possible to determine visually that the power is disconnected.
Subsection (c) provides that when two or more trailing cables receive power from one power distribution center provision shall be made to prevent a trailing cable being accidentally connected to the wrong size circuit breaker.
Subsection (d) limits the allowable number of temporary splices in a trailing cable to two at the start of any shift but with a third temporary splice permitted to complete a shift. Any temporary splice made shall, within 5 working days, be replaced with a permanent splice. No splice shall be allowed in a trailing cable within 25 feet of a machine, except cable reel equipment. All temporary splices must be well made, insulated, and physically strong. A splice means the mechanical joining of one or more conductors that have been severed.
Subsection (e) requires that permanent splices in trailing cables be:
2. Effectively insulated and sealed so as to exclude moisture; and
3. Vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket.
Subsection (g) provides that trailing cable and power cable connections to junction boxes shall not be made or broken under load.
Section 307. GroundingSubsection (a) requires that all equipment that is conveying electric current and which can become electrically charged due to a breakdown of insulation shall be grounded so that voltages cannot exist between equipment and ground.
Subsection (b) requires that the frames of all offtrack direct current machines must be grounded or otherwise maintained at safe voltages by methods approved by an authorized representative of the Secretary.
Subsection (c) requires that the metal frames of all high-voltage equipment shall be effectively grounded to the high-voltage neutral.
Subsection (d) provides that, before maintenance work is performed on surface or underground high-voltage systems, the power shall be removed and each ungrounded conductor of the system shall be grounded.
Subsection (e) requires that the electric power shall be removed from unused underground power circuits on days and shifts when the mine is not working. Circuits conducting power to transformers and rectifiers are excluded from this provision.
Section 308. Underground high-voltage distributionSubsection (a) provides that high-voltage circuits entering the underground portion of a mine shall be protected by suitable circuit breakers of adequate interrupting capacity. Each breaker shall be equipped with overcurrent, ground fault, short circuit, undervoltage, and ground continuity check relays.
Subsection (b) requires that underground high-voltage circuits contain a neutral, either direct or derived, by use of a ground transformer which shall be grounded through a suitable resistor. The frames of all equipment receiving power from this circuit shall be connected to the grounded side of this resistor for grounding purposes. Disconnecting switches shall be installed on the surface out by the automatic circuit breaker in all high-voltage circuits leading underground so to provide a positive means of disconnecting the power. These switches must be so constructed that it can easily be determined by visual observation whether the switches are closed or open.
Subsection (c) requires that the grounding resistor mentioned above be designed so that the fault current be limited in order that the voltage drop in the grounding circuit between the grounded side of the resistor and equipment frames be no more than 100 volts. The grounding resistor must be rated for the maximum fault current that can be expected, and it must be insulated from ground by a voltage equal to the phase-to-phase voltage of the system.
Subsection (d) requires that fail-safe ground check system be installed with each underground high-voltage circuit to remove the power in case the grounding circuit is broken.
Subsection (e) provides that underground high-voltage cables shall have conductors provided with metallic shields around their circumferences. To assure adequate current carrying capacity of the ground circuit, each ground conductor shall have a cross sectional area of at least 50 percent that of the cable power conductor or shall be capable of carrying twice the maximum fault current. Each circuit shall also be equipped with an insulated ground check conductor No. 8 (AWG) or larger in size to serve as part of the ground continuity check circuit. Cables shall be adequate for the intended current and voltage. Splices shall be made in accordance with manufacturers' recommendations and all grounding conductors shall be made continuous throughout.
Subsection (f) requires that high-voltage couplers shall be of the three-phase type with either a metallic shell or covered with materials other than metal as the Secretary may require. If the outer shell is metal, it must be grounded to the grounding conductor in the cable. The ground check contacts must be broken first and the ground conductors broken last when the coupler is being uncoupled. Couplers must be adequate in size for the voltage and current of the circuit.
Subsection (g) requires that single-phase loads be connected phase to phase.
Subsection (h) requires that high-voltage be installed in areas of the mine that are frequently inspected and shall be protected against all mechanical damage and guarded where men work or pass under them unless they are 6 1/2 feet or more above the mine floor or rail. High-voltage cables must be securely anchored, properly insulated, guarded at ends, and placed or insulated to prevent contact with trolley or other circuits.
Subsection (i) requires that disconnecting devices, designed so that it can be determined visually that the circuit is broken, be installed at the beginning of all branch lines.
Subsection (j) requires that circuit breakers and disconnecting switches be plainly marked so that it can readily be determined which circuit these devices are associated with.
Subsection (k) requires that terminations and splices of high-voltage cable shall be made in accordance with manufacturer's specifications.
Subsection (l) provides that all metallic parts of substation or switching station apparatus such as fences, supporting structures, frames, or enclosures of substation equipment be effectively grounded to the high-voltage system grounding circuit.
Subsection (m) requires that the power be removed from all power centers and portable transformers before they are moved from one location to another. High- voltage cables, other than trailing cables, conducting power to these units shall not be moved or handled while energized.
Section 309. Underground low- and medium-voltage circuitsSubsection (a) requires that section circuit breakers, complete with overcurrent, ground fault, ground check, and short circuit protection, be installed to protect all low and medium-power circuits.
Subsection (b) requires that underground low and medium circuits contain either a direct or derived neutral which shall be grounded through a suitable resistor. The frames of the equipment receiving power from this circuit shall be connected to the grounded side of the resistor for grounding purposes. The grounding resistor must be designed to limit the fault current to 25 amperes and able to carry this current continuously.
Subsection (c) requires a fail safe ground check circuit to remove the power from the circuit in case the grounding circuit becomes severed.
Subsection (d) requires that some device be provided other than the enclosed circuit breaker so that a workman can clearly see that the power is disconnected. Trailing cables on mobile equipment must contain a grounding conductor with one-half the cross sectional area of the power connector. This grounding conductor must be maintained continuous in splices.
Subsection (e) requires that single-phase loads be connected phase to phase.
Subsection (f) requires that circuit breakers be plainly marked for identification.
Subsection (g) requires that trailing cables on portable equipment operated from medium voltages contain grounding conductors, an insulated ground check conductor, and grounded metallic shields around the power conductors. On cable reel machines, metallic shields would not be required around the power conductors if the insulation was rated at least 2,000 volts.
Section 310. Trolley and trolley feeder wiresSubsection (a) requires that cutout switches be installed by the operator in trolley and trolley feeder wires at intervals of 2,000 feet and near the start of all branch lines.
Subsection (b) requires that automatic current interrupting devices be installed to protect trolley wires and trolley feeder wires against damage by overcurrent.
Subsection (c) requires that transformers, trolley, and trolley feeder wires, and high-voltage cables be kept at least 150 feet from pillar workings and outby the last open crosscut.
Subsection (d) requires that trolley wires and trolley feeder wires be insulated and guarded adequately at doors, stoppings, at man-trip stations, at all points where men are required to work or pass regularly, unless the wires are placed 10 feet or more above the top of the rail. Also, this section would require temporary guards where trackmen or other persons work in proximity to trolley wires and trolley feeder wires. The Secretary or the inspector may designate other places where trolley wires or trolley feeder wires shall be protected.
Section 311. Fire protectionSubsection (a) requires that suitable firefighting equipment adequate for the size and type of mine be provided as established by the Secretary. Also, the interpretations relating to such equipment in effect on the operative date of this title shall remain in effect until modified or superseded by the Secretary. This section would also require an examination be made after every blasting operation to determine whether fires have been started.
Subsection (b) requires that storage places for lubricating oil and grease be of fireproof construction. It would also require that unless lubricating oil and grease are in specially prepackaged containers they shall be in portable fireproof closed containers when kept in face areas or other underground working places.
Subsection (c) provides for fireproof structures or areas that house certain underground equipment. It also requires that all other underground structures be of fireproof construction. Also, air currents used to ventilate these structures or areas shall be coursed directly into the return.
Subsection (d) requires that where welding, cutting, or soldering is done underground it shall, whenever practicable, be conducted in fireproof enclosures. When this work is outside a fireproof enclosure, it shall be done under the supervision of a qualified person who shall make searches for fire during and after such operations and shall immediately before and during such operations continuously test for explosive gases. Also, such work shall not be conducted if the air current contains more than 1.0 percent of explosive gas. Suitable firefighting equipment shall be immediately available during such welding, cutting, or soldering.
Subsection (e) requires that unattended underground equipment must be provided with fire suppression devices meeting specifications prescribed by the Secretary and suitable fire-resistant hydraulic fluids shall be used in the hydraulic systems of such equipment within 1 year after the operative date of this title. Such fluids shall be used in the hydraulic systems of other underground equipment unless fire suppression devices are installed on such equipment.
Subsection (f) requires that main and secondary belt drives be equipped with deluge-type water sprays or foam generators of sufficient capacity to control the fire and that such devices will automatically be actuated by a rise in temperature. Other effective means of controlling fires would also be permitted.
Subsection (g) requires that underground belt conveyors be equipped with slippage and sequence switches.
Section 312. MapsSubsection (a) requires the operator of an active mine to have in a safe location on the surface an accurate map of the mine kept up-to-date by temporary notations and revised and supplemented on the basis of surveys made or certified by a registered engineer or surveyor. Such maps shall show the active workings, worked out and abandoned areas, except those areas worked out or abandoned before the affective date of this provision which are inaccessible or unsafe to enter and on which no information is available; entries and aircourses with the direction of airflow indicated by arrows, elevations, dips of the coalbed, escapeways, adjacent mine workings within 1,000 feet of the mine above or below, water pools above, and oil or gas wells, whether abandoned or producing, located within 500 feet of such mine and such other information as the Secretary may require.
Subsection (b) requires that the operator make the mine map and any revisions available for inspection to the Secretary or his authorized representative, to State coal mine inspectors, to mine employees and their authorized representatives, and to operators of adjacent coal mines. Also, it would require copies to be furnished to the Secretary or his representative and to the Secretary of Housing and Urban Development, upon request. Subsection (c) requires that when an operator closes a mine either temporarily or permanently the Secretary is to be notified. Within 60 days of the permanent closure and upon the expiration of a period of 90 days of a temporary closure the operator would be required to file an up-to-date map of the mine with the Secretary. Such map shall be certified by a registered surveyor or engineer of the State where the mine is located and be made available for public inspection.
Section 313. Blasting and explosivesSubsection (a) prohibits the storage or use of black powder underground and the firing of mudcaps (adobes) or other unconfined shots underground.
Subsection (b) requires that explosives and detonators be kept in separate containers until immediately before use at the working place. This section would permit the firing of open, unconfined shots under certain prescribed conditions in underground anthracite mines and would prohibit the firing of shots where explosive gases are present in amounts of 1 percent or more in all mines. Tests for explosive gases must be made before the shot is fired.
Subsection (c) requires in all underground mines that only permissible explosives, shot firing units and electric detonators be used and that such explosives and blasting devices be used in a permissible manner. The Secretary may permit the firing of more than 20 shots and the use of nonpermissible explosives in sinking shafts and slopes in rock. This section would not prohibit the use of compressed air blasting. Incombustible materials must be used for stemming devices in blasting operations.
Subsection (d) requires specially designed containers to be used for carrying explosives and detonators underground.
Subsection (e) specifies the conditions and methods by which explosives and detonators may be transported underground. Special closed containers can be used to transport explosives in cars, on belts, or in shuttle cars. Explosives and detonators may also be transported in equipment designed especially for this purpose.
Subsection (f) requires that where supplies of explosives and detonators are stored underground for use in one or more working sections they shall be kept in specially constructed boxes or magazines and located so as to minimize the chances of accidental detonation. In pitching coalbeds the containers may be placed in niches cut out of solid rock or coal.
Subsection (g) requires that explosives and detonators stored in the working place be kept in separate closed containers, located out of line of blast, not less than 50 feet from the working face and 15 feet from any pipeline, powerline, rail or conveyor, except where the containers are stored in niches the distance from any pipeline, powerline, rail or conveyor may be 5 feet. Explosives and detonators, when stored, must be at least 5 feet apart.
Section 314. Hoisting and mantripsSubsection (a) requires that where hoists are used to transport persons in slopes and shafts that the hoists shall be designed and/or equipped with certain safeguards to protect the persons being transported and requires examinations and tests of such equipment at specific intervals. Except where automatically operated cages, platforms, or elevators are used this section would require a qualified hoisting engineer where men are regularly transported in and out of the mine by hoist.
Subsection (b) authorizes the inspector to require other safeguards as necessary to reduce the hazards of transporting men and materials.
Subsection (c) requires that hoists be adequate in size for the loads handled and that the ropes be within the recommended safety factors. It would also require that an accurate indicator be used to show the position of the cage, platform, skip, bucket, or cars in the slop or shaft.
Subsection (d) requires at least two effective methods of communication; between shaft stations and the hoist room.
Subsection (e) requires automatic brakes speed reduction devices, or other safeguards approved by the Secretary on each locomotive and haulage car used underground to be certain that the equipment can be stopped promptly.
Section 315. Emergency sheltersThe section permits the Secretary to require emergency shelters in any coal mine. These shelters to be equipped with first-aid materials, adequate supply of air and contained breathing equipment, and independent communication system to the surface, proper accommodations for the men and such other equipment as the Secretary may require. The operator would be required to submit a plan to the Secretary for approval showing how the rescue chambers would be erected and maintained.
Section 316. CommunicationThis section requires the operator to establish a two-way communication system approved by the Secretary between the surface and each landing of main shafts and slopes and between the surface and each working section that is more than 200 feet from the portal.
Section 317. MiscellaneousSubsection (a) of this section prohibits operations of any coal seam where the coal has been or is being removed within 500 feet of a known gas or oil well, except that the Secretary may permit such operations within 300 feet of such wells under conditions assuring safety of all miners.
Subsection (b) requires boreholes to be drilled in advance of working places when approaching abandoned workings and/or adjacent mines. The conditions such as distances from such workings, depth of boreholes, and closeness of the spacing of the boreholes are set forth in this provision.
Subsection (c) prohibits smoking in all coal mines and in surface areas where smoking could cause a fire or an explosion. Also, this section would require the operator to institute a program, approved by the Secretary, to insure that employees do not carry smoking materials including matches, lighters, and so forth underground.
Subsection (d) requires that persons underground use only permissible electric lamps for portable illumination. No open flame may be permitted in any underground mine except as specifically authorized herein.
Subsection (e) requires the Secretary to prescribe standards for the use of permissible lighting in the underground working places while persons are working in such places.
Paragraph (1) of subsection (f) requires that the operator provide at least two separate and distinct travelable passageways as escapeways, at least one to be ventilated with intake air, from each working section to the surface. These designated escapeways are to be maintained in safe condition and properly marked. it would require that adequate facilities approved by the Secretary be provided in each escape shaft or slope. This provision would also require that mine openings be protected to prevent the entrance into the mine of surface fires, fumes, smoke, and flood water.
Paragraph (2) of subsection (f) provides that no more than 20 men may work in a mine before a connection is made between the two openings to the surface and would require that such work be conducted with diligence in order to reduce the time that miners have when only one method to escape is available.
Paragraph (3) of subsection (f) permits that when the distance is no more than 500 feet from the mine opening to the working face and there is only one mine opening owing to the final mining of pillars that not more than 20 men may be allowed in such mine at any one time.
Paragraph (4) of subsection (f) requires that in all mines opened after the operative date of this title, the escapeway shall be ventilated with intake air and separated from the belt and trolley haulage entries.
Subsection (g) requires, after the operative date of this title, that all structures erected on the surface within 100 feet of any mine opening be of fireproof construction. Unless existing structures that are now within 100 feet of the mine openings are of fireproof construction, fire doors shall be erected in mine openings and these doors shall be tested monthly. Such tests shall be recorded and the records open for inspection by interested persons.
Subsection (h) requires measures to be taken to prevent explosive gases and coal dust from accumulating in or on surface coal handling facilities. The limits for explosive gases shall be established by the Secretary within 1 year of the operative date of this title and coal dust shall not be permitted to accumulate in excess of limits set under this act. It would further require where coal is dumped near air-intake openings that steps be taken to prevent the dust from entering the mine.
Subsection (i) requires every operator of a coal mine to provide a program, approved by the Secretary, to train and retrain qualified and certified persons.
Subsection (j) requires the Secretary to station a Federal inspector at each mine that, in the opinion of the Secretary, is likely to present explosion dangers due to excessive liberation of explosive gases.
Subsection (k) authorizes the inspector to require protective cabs on face equipment where the height of the coal permits the installation of such cabs to protect the operators from roof falls, and from rib and face rolls.
Subsection (l) requires that the openings of any mine declared inactive by the operator or is abandoned for more than 90 days be sealed as prescribed by the Secretary. It would also require the openings to all active mines be protected to prevent entrance by unauthorized persons.
Subsection (m) requires that adequate sanitary and bathing facilities be provided by the mine operator as well as a place to change and store clothes. Sanitary toilet facilities must be provided in active workings when surface facilities are not accessible.
Subsection (n) requires that the operators make arrangements in advance for obtaining emergency medical assistance and for transportation of injured persons, including emergency communication to the nearest point of assistance. This section would also require selected agents of the operator to take first- aid training and to provide that such training be made available to the miners and to assure the availability of an adequate supply of first-aid equipment. The minimum standards for each of these provisions are to be set by the Surgeon General and must be met by the operator. It would require the operator to file a plan with the Secretary in carrying out these requirements.
Subsection (o) requires that the operator furnish each miner a self- rescuer that has been approved by the Secretary which will provide protection for the miner for at least 1 hour and each miner shall be trained in the use of such self-rescuer.
Subsection (p) requires the Secretary to prescribe improved methods of assuring that miners are not exposed to atmospheres that are deficient in oxygen.
Subsection (q) requires a check-in and check-out system be established at each mine that will provide positive identification upon every person and an accurate record kept in a safe place on the surface of the men in the mine. This section also specifies the gage and type of metal that the identification check are to be made of and provides that it be fastened securely on the lamp belt.
Subsection (r) authorizes the Secretary to require that devices to suppress explosive gas ignitions be installed on electric face cutting equipment when technologically feasible.
Section 318. DefinitionsSubsection (a) defines the term "certified person" as a person who is certified by a State in which he is working in accordance with the State standards. If a State does not have such a program or if its standards do not meet minimum Federal requirements, then the Secretary of the Interior would provide such certification or registration until the State establishes one.
Subsection (b) defines "qualified person" to mean a person deemed by the Secretary to be qualified to make tests or measurements required by the act.
In subsection (c), the term "permissible" is defined. When applied to equipment it will mean equipment meeting concentration and maintenance specifications of the Secretary designed to assure that it will not cause an explosion or fire. When applied to explosives and related items, it means those meeting the Secretary's specifications. When applied to the manner of using equipment or explosives and related items, it means a manner of use prescribed by the Secretary.
Subsection (d) defines the term "rock dust" and establishes minimum requirements for the various types of inerts that are acceptable for use in inerting coal dust.
Subsection (e) further defines the term "coal mine". The term "coal mine" is broadly defined in section 3(h) of the act to cover all coal mines whether underground or not. In addition, this section would further define the term, in the case of underground mines, to include areas of adjoining mines physically connected underground.
Subsection (f) defines "anthracite" as coal with a volatile ratio equal to 0.12 or less.
Subsection (g) defines "volatile ratio" by giving the formula for its determination.
Subsection (h) contains technical terms that are commonly used and understood in the coal mining industry and are defined as follows:
(2) "Working place" means the area of a coal mine inby the last open crosscut.
(3) "Working section" means the areas of the coal mine from the loading point of the section to and including the working faces.
(4) "Acting workings" means any place in a coal mine where men are normally required to work or travel.
Subsection (j) defines the term "electric face equipment" as electric equipment that is installed or used inby the last open crosscut in an entry or room.
Subsection (k) defines "registered engineer" or "surveyor."
Subsection (l) defines, low, medium, and high voltage. Low voltage is up to 660 volts, medium voltage up to 1,000 volts, and high voltage means over 1,000 volts.
Subsection (m) defines "average concentration" as a determination accurately representing respirable dust concentrations during a full working shift. It will be made by applying valid statistical techniques to the minimum necessary measurements.
Subsection (n) defines "respirable dust" as dust particles of 5 microns or less in size.
Section 401. ResearchSubsection (a) requires the Board to establish objectives for the conduct of such studies, research, experiments, and demonstrations as may be appropriate to--
(2) Develop new or improved methods recovering persons after an accident in a coal mine,
(3) Develop methods of communication from the surface to the underground portion of a mine,
(4) Develop new or improved means and methods for reducing concentrations of respirable dust in a mine,
(5) Study the relationship between coal mine environments and occupational diseases of coal mine workers, and
(6) For such other purposes as it deems necessary.
Subsection (c) of this section relates to payments of royalties by operators. Paragraph (1) provides that each operator must pay to the United States a royalty equal to 2 cents for each ton of coal he produces. The Board may reduce this royalty if it determines that the funds available under the paragraph next described are sufficient to provide the chest roentgenograms required by section 203(a) and to carry out the activities under subsection (b) relating to research. The royalties so paid are automatically made available to the Board for its use in carrying out this section. If an operator fails to pay the royalty he is liable to the United States for double the amount he failed to pay. The Board is given sufficient authority to obtain the information necessary for the effective enforcement of this provision.
Paragraph (2) of this subsection provides that in addition to the amount paid under paragraph (1) there is authorized to be appropriated for each fiscal year an amount equal to 2 cents for each ton of coal so produced during the preceding fiscal year, such funds to be used by the Board in carrying out the section. In addition, there is authorized to be appropriated for carrying out this section an amount equal to any grants by a State to the Board. The appropriations based on a State's grant may not exceed an amount equal to 1 cent per ton of coal produced.
Section 402. Training and educationThis section requires the Secretary to expand programs for education and training of coal mine operators, agents thereof, and miners in coal mines.
Section 403. Assistance to StatesThis section directs the Secretary, in coordination with the Secretaries of Labor and of HEW, to make grants to States to conduct studies and to carry out plans designed to improve State workmen's compensation and occupational disease laws as they relate to compensation for pneumoconiosis and injuries in coal mine employment, and to assist them in planning and implementing other programs for the advancement of health safety in coal mines.
Subsections (b) and (c) provide that these grants may not extend beyond a period of five years after the effective date of the act, and that Federal grants shall be made only to States which have plans approved by the Secretary.
Subsection (d) provides for approval of State plans which--
(2) provide fiscal control and fund accounting procedures,
(3) contain assurances that the State will maintain its effort with respect to pneumoconiosis and related conditions, and
(4) meets any other conditions the Secretary may prescribe by rules.
Section 404. EquipmentThis section authorized the Secretary, for a period of 5 years, to make loans to operators to enable them to obtain or convert equipment needed to comply with the provisions of this act. These loans will have maturities specified by the Secretary, but not in excess of 20 years. They will bear interest at a rate determined by the Secretary to be adequate to cover the cost of the funds to the Treasury, the cost of administering the section, and probable loss. The Secretary is directed to use the services of the Small Business Administration in carrying out the section, pursuant to agreements between himself and the Administrator.
Section 405. Inspectors; qualification; trainingThis section authorizes the Secretary to appoint any personnel he deems necessary to carry out the act. Persons appointed as "authorized representatives" of the Secretary must be qualified by practical experience in the mining of coal or by experience as a practical coal mining engineer and by education. These persons must be adequately trained by the Secretary. The Secretary is directed to seek to develop programs with educational institutions and with operators to enable persons to qualify for positions in the administration of the act. The Secretary is directed to work with appropriate educational institutions in developing and maintaining adequate programs for the training and continuing education of persons, particularly inspectors, and to cooperate with such institutions in the conduct of such programs by providing financial and technical assistance.
Section 406. Effect on other lawSubsection (a) of this section provides that no State law shall be superseded by any provision of this act or any order issued or standard promulgated thereunder, except insofar as the State law conflicts therewith.
Subsection (b) provides that any State law or regulation which provides for more stringent health and safety standards than do the provisions of this act or any order issued or standard promulgated thereunder shall not be construed to be in conflict with this act. Similarly, where a State law or regulation provides health and safety standards for which no provision is contained in this act or any order issued or standard promulgated thereunder shall not be held to be in conflict with this act.
Section 407. Administrative proceduresThis section provides that the provisions of title 5 of the United States Code, commonly known as the Administrative Procedure Act, shall not apply to the making of any order or decision under this act or any proceeding for the review thereof.
Section 408. RegulationsThis section authorizes the Secretary to issue administrative regulations to carry out the act.
Section 409. Operative date and repealUnder this section, the provisions of titles I and III of this act will become operative 90 days after its enactment. The provisions of title II will become operative 6 months after enactment. The section repeals the provisions of the existing Coal Mine Safety Act on the operative date of titles I and III of this act, except that the repeal shall not affect any action taken prior to the effective date or any proceedings being carried on such date. All other provisions of this act will become effective on the date of its enactment.
Section 410. SeparabilityThis section contains the usual provision to insure that if any provision of the act is held invalid the remainder of the act will not be affected.
Section 411. ReportsSubsection (a) requires the Secretary to submit to the President, to the Congress, and to the Office of Science and Technology an annual report on the subject matter of this act, progress concerning the achievement of its purpose, and the needs and requirements in the field of coal mine health and safety, the amount and status of each loan made under section 404, a description and the anticipated cost of each project and program he has undertaken under section 401, any other relevant information he deems appropriate.
Subsection (b) requires the Secretary of HEW to submit through the President to the Congress, the Secretary, and the Office of Science and Technology an annual report upon the health matters covered under this act, including the same information with respect to health as is described in subsection (a).
Section 412. Special reportThis Section requires the Board to make a study to determine the best manner to coordinate Federal and State activities in the field of coal mine health and safety. The Board will make a report of the results of its study as soon as practicable after the date of enactment of the act.
MINORITY VIEWS OF MR. ASHBROOK, MR. SCHERLE,
The first of these would impose on the owner of every coal mine a royalty of 2 cents for each ton of coal he produces for use or sale. This impost would be paid to the United States and used to enforce the medical examinations for miners and the research activities for which the bill provides.
The other provision sets up a system of providing Federal benefits to those coal miners or their surviving widows who are occupationally disabled as a result of coal dust pneumoconiosis contracted as a result of working in a coal mine.
The first of these provisions is clearly a governmental tax and the imposition of Federal taxes does not fall within this committee's jurisdiction. Moreover, it is a method of financing a Federal benefit program which is well-nigh unique in the annals of our National Government.
The second provision, in actual effect, establishes a system of Federal workmen's compensation for a special and relatively small category of occupational damage to workers. Hence, it is not only discriminatory as to all other injured or ailing workers, but an intrusion by the Federal Government into the field of workmen's compensation which since its inception about a half-century ago has always been the exclusive jurisdiction of the several States. It thereby represents a foot in the door, a possible first step toward the ultimate federalization of the entire system of workmen's compensation.
Increasingly and in ever wider circles, the complaint is heard that the Federal Government by its constant expansion is reducing local and State governments to mere administrative subdivisions of itself, and that the concept of local and State control and sovereignty are thereby, for all practical purposes, doomed to disappear. We are profoundly opposed to this trend and resolved to combat it wherever it appears, as it does so brazenly in the committee bill.
We have stated our dissenting views briefly. However, we fully approve the critical analysis of and the detailed reasons for condemning these two provisions which are set forth by our minority colleagues in their supplemental views. Should amendments striking those provisions prove unsuccessful, it is our intention to vote against the enactment of the bill.
John M. Ashbrook.
William J. Scherle.
James M. Collins.
Earl F. Landgrebe.
SUPPLEMENTAL VIEWS OF MR. AYRES, MR. QUIE,
We feel that, except for certain shortcomings in the bill which we shall describe herein, this measure is consistent with the aim of the administration to attain the highest possible degree of protection for our coal mine workers.
In addition, we wish to point out that a number of provisions in the committee bill which strengthen safeguards to health and safety and provide due process and equitable treatment for both employees and employers as well, were included on the initiative of members of the minority in committee and subcommittee.
The most significant of these amendments are those which require the measurement of coal dust concentrations to be taken over several shifts in order to arrive at the average concentration which provide a more extensive and uniform species of medical examinations for coal miners, and amendments which set forth in considerable but not exclusive detail the scope of research into the ailments of miners which are to be carried on by the appropriate Government agencies.
Furthermore, with respect to safety, provisions were added narrowly limiting the use of "open flame" devices and the extraction of coal from any coal seam located within a specified distance from a natural gas or oil well, whether producing or abandoned.
These, together with procedures for review, both administrative and judicial, of the standard setting and enforcement activities provided in the bill, constitute a significant contribution to the substantial improvement of the committee bill.
SHORTCOMINGS IN THE COMMITTEE BILLNevertheless, as we have indicated, there are a number of serious weaknesses in the bill which we attempted to correct by offering appropriate amendments in both the committee and subcommittee, all of which were rejected by the majority. The following are the most important of these defects.
I. Setting of Health StandardsThe committee bill provides that both safety and health standards shall be promulgated by the Secretary of the Interior, under whose authority the Bureau of Mines has administered the existing Federal Coal Mine Safety Act since its enactment in 1952. The committee bill retains this historic authority by the Secretary of the Interior with respect to safety standards, but denies it to him for the setting health standards. Instead it provides that the Secretary of Health, Education, and Welfare shall develop health standards and upon their transmission to the Secretary of the Interior, the latter must promulgate them as submitted by HEW.
There are several serious objections to this division of authority within a single legislative field between two Cabinet officers of equal rank. Generally, such a division of authority in the same legislative area is virtually nonexistent in the Federal Government structure, and is almost universally regarded as a sure prescription for interagency conflict and poor administration.
More specifically, HEW through its Public Health Service is, and as research is carried on, most certainly will become genuinely expert in its knowledge of the diseases of coal miners and of the environmental factors related to such diseases. But it has neither the experience nor the technical nor technological know-how to determine whether the health standards it establishes are technologically achievable in the coal mining industry.
Thus, to use a hypothetical example, admittedly extreme for purposes of illustration, HEW might decide as soon as the bill permits that every underground mine, without exception, must be entirely 100 percent, free from coal dust. Under the bill, the Secretary of the Interior would be compelled to promulgate this requirement as a mandatory health standard, despite the fact that no major underground coal mine in the entire country would be able to comply, and that nothing in the existing technology indicated that such compliance would be attainable in the foreseeable future. The result would be a cutting off of the major source of power for the Nation's entire economic system.
We offered an amendment along the lines of the administration bill, H.R. 7976, to retain the final authority in the Secretary of the Interior to promulgate both health and safety standards, but directing HEW to develop such health standards and recommend them to the Secretary of the Interior, who would unquestionably give them the greatest weight, but would be free to modify them in the light of their attainability. The amendment was rejected.
II. Shutting down mines for health reasonsThe bill contains many enforcement procedures and sanctions against coal mine operators who violate health and safety standards. These include administrative cease-and-desist orders, judicial decrees enforcing such orders, civil penalties, criminal penalties, injunctions, and the shutting down of mines under certain conditions, primarily those which constitute a risk of imminent danger of death or serious bodily harm to those working in the affected areas of the mine.
With respect to assuring safety, the shutting down of a mine is clearly indicated in conditions which constitute an imminent danger. The near possibility of an explosion, ignition, roof fall, or fire, are examples of such conditions. But with regard to the protection of health as set forth in the bill, no such risk of imminent danger is even conceivable. As a matter of fact, virtually the only health problem for which the bill provides its protection against excessive concentration of respiratory dust and these can never constitute an imminent danger to health because they take many years to develop and no relatively brief exposure to dust can itself possibly give rise to an imminent danger. Thus the mandatory closing of a mine which violates the permissible standard of dust concentration is nothing but an additional punitive sanction (like a civil or criminal penalty), wholly unrelated to eliminating a condition which has not existence in fact-- i.e., an imminent danger to health.
We would have preferred to see the provisions for mine closure for violation of a health standard completely eliminated. In the subcommittee it was apparent that such a proposal would not be approved. We therefore decided to offer in full committee a compromise which retained the closure procedure, but modified it to provide some degree of flexibility before it was applied.
In the course of preparing these views we received a copy of a letter and report from Mr. H. ps. Stephenson, H. M. Chief Inspector of Mines and Quarries in the Ministry of Power in the British Government. It may be recalled that earlier this year several members of this committee visited Great Britain and spent several days of intensive research and examination to learn what the British were doing in connection with controlling the incidence of coal-dust pneumoconiosis. The British have been the pioneers in this field and were the first to isolate this form of pneumoconiosis and establish it scientifically as a separate, identifiable disease. Thus much of what is in the bill dealing with coal dust results from what we learned from the experts with whom we met and consulted in Great Britain.
The letter and report referred to above may be briefly summarized as follows:
The Ministry of power which enforces the health and safety standards applicable to British coal mines has adopted coal-dust standards regarded as safe, but has not made them mandatory. Moreover these standards are set at higher permissible levels than those provided in the committee bill, and the checkup procedures are much less rigorous than those proposed in the committee measure.
The level for operation in coal mines is 8.0 mg. per cubic meter measured 'in the return roadway- or approximately 77 yards from the coal face line." Sampling of coal-dust concentration is to be done in the mines once each month, once each quarter, once each half year, or once each year, depending on the type of operation. Approval is determined on the basis of the mean of multiple measurements. This means an exposure for coal mine face workers of 5.7 mg. per cubic meter.
Thus the British have selected a much higher dust level than the 4.5 mg. and eventual 3.0 mg. level imposed by the committee bill; the standards set are not mandatory, an average or mean is used in determining compliance, and the intervals between sampling are much longer.
It seems to us therefore that serious consideration should be given to reexamining the bill's provisions on permitted dust levels, but in any event, the Congress should adopt our proposed amendment permitting the Secretary of the Interior to refrain from closing mines which exceed the prescribed dust levels while these mines are taking the necessary steps, in good faith, to correct the situation as quickly as possible.
Thus our amendment authorizes the Secretary of the Interior to waive the closure provisions whenever he determines that there is a basis for continuing operations without creating a threat to the health of the miners, and imposing procedures for the operation of such a mine designed to give the miners effective health protection while remedial steps were being taken expeditiously to correct the violations of the health standard.
Such flexibility, desirable in itself, becomes absolutely imperative if the final authority, in fact, to promulgate health standards is given, to the Secretary of HEW with its potentiality for the setting of unattainable or unreasonable health standards as indicated in the discussion above of our previous rejected amendment. Unfortunately, this proposal, too, was not accepted by the committee.
III. Administrative review of grants of time extensions for complianceWe find it most gratifying that we on the minority side contributed substantially to assuring due process in most of the procedures for enforcing the requirements of the bill. Administrative orders and decisions, imposition of civil penalties, promulgation of standards, are all subject to either administrative or judicial review or both. But there is one type of authority given to the Secretary of the Interior which is subject to no review at all and in which his decision is final. The Secretary may grant limited extensions of time for complying with the prescribed levels of dust concentration under title II, or for the use of prescribed or "permissible" equipment under title III. His decision to grant or deny such extensions is conclusive.
We offered an amendment permitting the operator of a mine or a representative of the employees of such mine to secure from the Federal Coal Mine Health and Safety Board a review of the Secretary's decision to grant or deny such a time extension. Under the bill, the Board performs such review functions in connection with enforcement orders and promulgation of standards-- there seems to be no valid reason for not providing a similar review in the case of time extensions for compliance. Failure to so provide, we believe, constitute a serious omission of an important aspect of due process. Nevertheless, our amendment was rejected.
IV. Stationing Government inspectors permanently at certain minesSubsection 317(j) of the bill requires the Secretary of the Interior to station an inspector to make inspections during each day of its operation in a coal mine which liberates an excessive quantity of explosive gas, if the opinion of the Secretary such conditions are likely to present dangers of explosion.
This provision would be not only extremely costly but very difficult to administer because of the lack of preciseness in the concept of "excessive quantities of explosive gas." If this level were set very low, the number of inspectors required would be tremendous. If set too high, the intended safeguard would not be very useful.
But the primary concern caused by this provision is that it will actually reduce the safety protection given the miner. Rather than placing the responsibility on the operator and the miner to maintain the safety standards established by the bill, this provision allows this responsibility in excessively gassy mines to be placed on the Federal inspector. Likewise, in all other underground mines, the operator and the miner will have a tendency to relax the maintenance of the established safety standards.
The prime responsibility for safety must rest, as it always has in coal mines or in any other industry, within the day-to-day exercise of care and responsibility by the operator and the miners. The operator must provide safe working conditions and let his foreman and miners know that he insists that they practice "safety first." The miner, since his supervisor cannot be with him at all times, has the major role in seeing that he works safety-- for his own protection as well as that of his coworkers.
For these reasons, and primarily because this provision would weaken the realization of the need for both operators and miners to be safety conscious, we offered an amendment to strike this provision. Our amendment was rejected.
V. Financing research by means of a royalty on productionThe bill contains a provision imposing a royalty of 2 cents for each ton of coal produced for use or sale to be paid by the owner to he U.S. Government. This royalty would be used solely for the purpose of financing the medical examinations for miners and the research activity on health and safety in coal mines which are provided for in other sections of the bill. This impact is clearly a Federal user tax on the production of coal.
The Bureau of Mines has been engaged in a program of research and development in connection with the coal industry since 1910. Many of the health and safety innovations in that industry were developed by the Bureau of Mines, such as the introduction of the widespread use of roof bolts. Until recently, the Bureau's research and development budget for health and safety has been about $2 million annually, a substantial portion of which has been devoted to "testing" rather than research. In fiscal year 1970, however, that budget has been increased by the Bureau to $3.3 million. It is widely recognized that there is a need for more health and safety research in the coal industry, and the present administration fully shares that conviction. But we doubt that a system which taxes the production of coal and earmarks the revenues for health and safety research is the most appropriate method to meet this need.
Experience has shown that coal mining, indeed all mining, is a complex system, all parts of which must be considered simultaneously-- health, safety, productivity, environmental control, etc. The effect of a particular improved mining technique on productivity cannot be considered apart from its effect on the health and safety of the miner or its effect on environmental pollution. An effective research program must, therefore, be designed to study the entire mining operation. The proposed user tax, in contrast, would tend to separate the health and safety function into a separate category which is essentially artificial.
The royalty imposed by the bill would apply to all coal mining firms without regard for their methods of mining or for their past health and safety records. This raises the serious issue as to whether such a levy should be imposed on only a single commodity or a single industry.
For example, other inherently dangerous industries, such as the nuclear industry, which incidentally is a competitor of the coal industry, are not required by law to pay separately and directly for health and safety research in their own industry. The proposal would tend inevitably to confine the entire research and development effort in connection with safety and health to the activities of the Federal Government. In our opinion, such research and development, if it is to attain maximum usefulness, should not be carried on by the Government alone, or even in major part. Industry should be encouraged to assume, on an industry-wide basis, a greater role in this area. This provision would not provide such encouragement-- to the contrary it would have a dampening effect on the private research efforts of industry.
This type of user tax, a tax which is included in legislation introduced, developed, and reported by a House standing committee which has jurisdiction of the subject matter in connection with which the tax is imposed, is most unusual and very rarely resorted to in the legislative activities of the House.
It bypasses the Ways and Means Committee which normally deals with tax legislation, and it is our opinion, that this usual type of procedure should have been followed in this case. The tax is discriminatory because it singles out a single aspect of a single industry for this special treatment, and imposes on it a burden which weakens its competitive position vis-a-vis other industries not so burdened.
And finally, we believe that a tax on the coal industry for health and safety research development should not be imposed without thorough study of its impact on the industry and a serious consideration of possible alter native approaches. As far as we know, such study and consideration has not been done at any time heretofore.
VI. Federalization of workmen's compensation for coal miners' pneumoconiosisThe bill provides for the Federal Government to grant compensation to coal miners presently completely disabled by complicated pneumoconiosis resulting from exposure to coal dust while working in coal mines, and to the widows and other dependents of coal miners so disabled. Our principal objection to this provision has been well stated by Assistant Secretary of Labor Arthur A. Fletcher in his testimony before the Select Subcommittee on Labor on June 3, 1969. We quote:
It is also one of our social insurance systems that has always been handled completely by State law since its inception in the early days of this century. We now have 50 state laws which customarily provide financial and medical assistance to employees for work-connected injuries by requiring employers to insure themselves through private companies or as self-insurers, or through contributions to State funds administered by State agencies.
The proposal you are considering departs substantially from this established philosophy of State workmen's compensation law for private employment * * *.
In many States benefits are inadequate and other deficiencies are evident in workmen's compensation laws. States, themselves recognize this, and consequently, scores of bills are introduced in legislatures each, year to strengthen workmen's compensation programs. A pattern of progress emerges as some of these bills are enacted into law, which gives us encouragement.
There are 50 State laws and a number of special Federal workmen's compensation laws which contain a wide variety of complex provisions. The Department of Labor believes that this whole area of workmen's compensation laws should be carefully and thoroughly studied before any Federal legislation is considered which would materially change a long-established legal system with intricate interrelationships reaching into every State.
On the average, maximum weekly compensation for temporary total disability amounts to 68 percent of average take-home pay after allowing for Federal income and social security taxes. In addition, medical benefits are unlimited in most States. In a number of States maximum weekly benefits are adjusted upward automatically, each year, in relation to average weekly wages in the State, thus assuring that compensation levels correspond to prevailing wage levels.
Similarly, the scope of workmen's compensation laws has constantly been extended. Coal miners are covered by every workmen's compensation law in the country. Compensation for occupational disease is also being extended. Originally, workmen's compensation laws covered only accidental injuries. Today, occupational disease coverage in some form is provided in all the States. In 38 of them such coverage is quite broad. In the others, compensable diseases are listed in a schedule which is also quite broad.
Dust diseases or pneumoconiosis, giving the term its widest and most general meaning, were among the early occupational diseases recognized. At first, special interest centered on silicosis which was deemed to be the primary hazard. Today all States provide compensation for this form of pneumoconiosis.
Over the years great progress has been made in the prevention of dust disease particularly silicosis. In 1965, Dr. Murray C. Brown, Chief of the Division of Occupational Health in the U.S. Public Health Service stated:
We believe that the long standing and ever improving State system of workmen's compensation will be in serious danger of ultimate reduction to a mere subordinate appendage of a federalized system of workmen's compensation or even of complete elimination.
In this connection, the statement made before the Select Subcommittee on Labor earlier this year by Mr. John V. Keaney, chairman of the Maine Industrial Accident Commission, and speaking on behalf of the International Association of Industrial Accident Boards and cOmmissions is indeed appropriate. He declared:
The provision will inevitably discourage the States from improving their own systems of compensation for coal miners pneumoconiosis. Although States are denied participation in the program, and their coal miners thereby denied the benefits thereunder, if the States reduce their own level of benefits, there is nothing to require them to increase these benefits (as a number have already been doing).
The natural tendency will be for those States to refrain from such increases for as long as the Federal Government, under this provision, provides that at a higher level instead. In fact, if a State has no provision compensating miners for disability from coal dust, the Federal Government will shoulder the entire burden of providing these benefits, and the State would not be required to expend a single penny for that purpose. Inasmuch as these Federal benefits will be paid for out of Federal tax receipts, the unfortunate result will be that the States that do attempt to meet the problem by increasing their benefits will be helping to pay for those States that are doing little or nothing along these lines.
The provision not only has the effect of penalizing the more cooperative States and rewarding those which are laggard, but it discriminates against occupations other than coal mining, and even within the occupation of coal mining itself.
The inadequacies in existing workmen's compensation programs which she will allegedly seeks to correct are just as applicable to workers injured in other industries and trades. Why coal mining and not building construction and high risk factory jobs? Beryllium, for example, is a highly toxic metal which was used in the manufacture of fluorescent light bulbs until chronic beryllium poisoning was recognized as a health hazard to workers, just as we have recently found complicated coal miners pneumoconiosis to be.
Again, there are 3-1/2 million American workers exposed to asbestos in their jobs. They face a dual threat-- asbestosis, a serious respiratory ailment, and lung cancer. Half of the men who had worked in the trade had x-ray evidence of asbestosis. There are other industries whose workers run an extremely high risk of respiratory disease. Uranium miners and workers, other than coal miners, are exposed to silica dust in their handling of rocks, soils, sands, and clay.
For years it was generally believed that byssinosis, the lung disease caused by inhaling cotton dust, was not a problem for American textile workers. Even though British workers using American cotton came down with this lung disease, we did not believe we had a problem. Now we are discovering that our hundreds of thousands of cotton textile workers are susceptible to it. Talc, diatomite, carborundum, sugarcane fiber, even dust from moldy silage can, and often do, cause lung damage to those who work with these materials. Yet the committee bill deals solely with coal-dust pneumoconiosis when it comes to providing Federal disability compensation.
Even within the coal mining industry itself, the bill is discriminatory as between miners who were disabled by coal-dust pneumoconiosis and those whose disability resulted from any other cause, when it comes to receiving compensation. A coal miner who is totally disabled by loss of limbs, serious head injury, or even a respiratory disease not caused by coal dust, such as silicosis, will in a number of States receive less than one who is totally disabled by coal-dust complicated pneumoconiosis, and receives a larger benefit because of the Federal participation provided by this bill.
Thus there is a serious inequity of treatment as between two miners, both totally disabled because of their engaging in the same occupation. Moreover, this disparity of treatment violates the fundamental principle of sound workmen's compensation philosophy, which is that the level of benefit shall be the same where the degree of occupational disability is the same, regardless of the differences in the cause or source of such disability. Thus, we fear that not only does this provision in the bill threaten the demise of the State system of workmen's compensation, but it promises to replace that system with one which perverts the essential concepts on which sound workmen's compensation programs are all based.
There are other defects in this provision, not so elemental perhaps as those enumerated above, but significant nevertheless. The provision requires that the Federal benefit granted to a disabled miner shall be reduced by the sum which such miner receives under the workmen's compensation, unemployment compensation, or disability insurance laws of his State, or by any reduction in his social security benefits because of excess earnings as provided in the Social Security Act. However, it does not require reduction by the amount an individual receives for a disability under the provisions of that act, nor is there a reduction in the Federal payment for medicare benefits.
In this connection, it seems to us somewhat illogical, as well as unfair, to use the benefit scale of the Federal Employees Compensation Act, which the bill provides, as the basis for determining the scale of benefits to be paid to miners disabled by complicated pneumoconiosis. Federal civil service workers are not covered by social security, as are coal miners, and hence receive neither social security nor medicare benefits under the Federal Employees Compensation Act are somewhat higher than those under State workmen's compensation laws, such difference is justified because of their ineligibility to receive the dual benefits for which many privately employed workers are eligible.
The bill also contains a procedural provision which in our opinion definitely encourages the impetus it otherwise gives to federalization of the State laws. It provides that the Governor of a State may enter into an agreement whereby the Secretary of Labor makes grants to the States to pay eligible disabled miners the Federal benefit. But it also provides that a Governor may request the Secretary of Labor to make these payments directly to the miner, and apparently this may be done even if the State has the authority to enter into an agreement itself to make such payments. This is a wide-open door for Federal intrusion.
And finally, the bill provides that in any State which reduces its workmen's or unemployment compensation to miners eligible to receive the proposed Federal benefits, no compensation under this provision shall be paid to the residents of that State. This seems to us to punish only the disabled miner and not the State which itself is responsible for such deprivation. If the proponents of this provision believe that the voters of such a State could bring enough pressure to bear to compel the State to refrain from such reduction, it seems to us they would be sufficiently influential to compel the State to raise its benefits sufficiently high to make the entire provision for granting Federal Compensation benefits unnecessary.
We feel that federalizing a segment of workmen's compensation in the coal industry is, among the other criticisms we have voiced, decidedly premature. Some years ago the Department of Labor contracted for an intensive study of the relation between long-delayed occupational diseases (of which coal-dust pneumoconiosis is a striking example) and workmen's compensation laws. The study, being performed by Prof. Herbert Denenberg of the University of Pennsylvania, is soon to be completed. We feel sure that pneumoconiosis falls within the ambit of that study, and that it would be unwise for special legislation to be enacted before seeing that study.
In any event, we suggest the desirability of the creation of a national commission consisting of experts representing the major groups involved in workmen's compensation. This commission could develop alternatives which the Federal Government could use to aid the States in improving their compensation programs. Until all possibly superior alternatives are explored, Congress should refrain from entering the field of workmen's compensation.
CONCLUSIONThe foregoing are the principal objections to what we otherwise consider, as we have indicated, to be an essentially sound and effective piece of legislation. We reserve the right to offer amendments on the floor designed to remedy these shortcomings, as well as a few other weaknesses which are relatively minor in character. Should our amendments be approved, and no substantial changes adopted which in our opinion impair other significant provisions of the measure, we would have no hesitation in voting in favor of its enactment.
William H. Ayres.
Albert H. Quie.
John N. Erlenborn.
Edwin D. Eshleman.
Earl F. Landgrebe
Earl B. Ruth.
SEPARATE VIEWS OF MR. BELL AND MR. HANSEN OF IDAHOWe are in substantial agreement with the supplemental views but we support the compensation provisions of the bill.