New Bill To Amend MINERS ACT Before Congress

$afepro has highlighted in red particularly harsh proposals for the surface M/NM Industry!

This information is available thanks to Ms. Ellen Smith, publisher of "Mine Safety and Health News.

A bill has just been introduced in the House of Representatives that would make some changes in the MINER Act of 2006 and adds new provisions. The bill is H.R. 2768 (S-MINER Act).

   1. MSHA must establish similar rules for metal/nonmetal mines to offer the same protections as coal miners. The bill mandates an advisory committee to suggest changes to the M/NM regs.

   2. New penalties where there is a pattern of violations and miners would have to be withdrawn from the entire mine.

   3. Allows MSHA to stop production in cases where an operator has unpaid civil penalties.

  4. Establishes a minimum penalty of $500 with a $100,000 cap for any violation. S&S would be raised to $150,000 (cap) and the minimum would be $1000.

  5. When establishing the size of the penalty, MSHA must take into consideration the combined size of the operator and any controlling entity.

  6. FMSHRC ALJs must use MSHA's point system when approving penalties - including settlements.

  7. Minimum $10,000 penalty/maximum $100,000 for discrimination violations.

  8. Operators would be responsible for paying civil penalties issued to contractors who go out of business.

  9. Gives MSHA the time it needs to assess penalties, and does not allow FMSHRC ALJs to throw out penalties because of the length of time it took MSHA to assess the penalty.

  10. Under 110(c), the bill extends liability to directors, officers and agents for violations of the Mine Act in the case of LLCs and partners and owners are also covered (where there is not a corporation).

  11. FAC would be established to study whether the law should be amended to provide for Federal licensing of mines, mine operators, mine controllers or various mine personnel.

  12. MSHA would have to establish standardize investigation procedures by October 1, 2008. The procedures are also to cover "MSHA internal" investigations as well as accident investigations.  Procedure are to ensure that witnesses are not coerced, avoid conflicts of interest in witness representation, and ensure confidentiality if requested by any witness. 

  13. Operators would also have to inform MSHA within the abatement time frame that they have in fact abated the violation.  Currently, no such requirement exists.  Failing to do so would require MSHA to issue a withdrawal order to prohibit miners from entering the affected area until MSHA can visit the mine to determine the situation for itself.

   14. Retaliatory action against miners who report unsafe conditions would result in a minimum fine of $10,000, with a $100,000 maximum, amounts identical to what could be levied for interfering with inspectors in the course of their duties.  A revised Section 103 of the Mine Act would make specific examples of such interference explicit, including but not limited to stalling inspectors by putting limits on their ability to take photos or samples or refusing to provide transportation into a mine.