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A second bill (drafted by Sen. Specter but not yet introduced)
contains mandated rulemaking provisions for oxygen supplies,
communications and rescue team development, testing and training.
This applies to all mines-not just coal. The draft legislation:
-
Prohibits mine operators
from having a representative present when MSHA interviews miners
during investigations of "any occurrence related to health or
safety at a coal or other mine";
- Mandates quarterly
reviews of all mines' dust, roof control and ventilation plans;
- Requires MSHA
inspectors to contact the mine operator no more than 24 hours
after a citation is issued to ensure that abatement is underway;
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Increases civil
penalties for S&S violations to a
minimum
of $10,000;
-
Creates a minimum civil
penalty for "habitual" violators of $20,000 per significant and
substantial (S&S) violation;
- Creates a "user fee"
of $100 per violation, on top of the other civil penalties
imposed, with such funds to be used for mine rescue team
training and development or for the development of other
training and programs by MSHA;
- Increases
civil penalties for "flagrant violations" to a maximum of
$500,000 (flagrant violation defined as a "reckless or repeated
failure" to take reasonable action to eliminate a known
violation of a safety or health standard that caused, or could
reasonably be expected to cause, serious bodily injury);
- Increases daily
penalties for failure to abate violations from $5,000 to
$55,000;
- Raises criminal
penalty fines from $25,000 to $250,000 (individuals) and from
$50,000 to $500,000 (corporations);
- Enhances the penalty
for advance notification of MSHA inspections from $1,000 to
$10,000;
- Increases "false
statement" criminal penalties from $10,000 to $100,000;
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Creates a new
minimum
penalty of $100,000 for failing to inform MSHA of an
"immediately reportable" accident (as defined in 30 CFR 50.2(h))
within 15 minutes of its occurrence (current case law interprets
"immediately" as within 2 hours); and
-
Establishes that the
Federal Mine Safety and Health Review Commission could not
decrease civil penalties proposed by MSHA for flagrant or
habitual violations.
Adele L. Abrams, Esq., CMSP
Law Office of Adele L. Abrams PC
4740 Corridor Place, Suite D
Beltsville, MD 20705
301-595-3520 telephone
301-595-3525 facsimile
www.safety-law.com
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