Mine Safety Legislation Declared Dead by Chairman Kline, Miller Outraged
WASHINGTON—Chairman John Kline (R-Minn.) effectively declared mine safety legislation dead for this session of Congress during today’s markup of labor-related legislation.
“What we learned today is that the blood of the 29 miners who died at Upper Big Branch four years ago was shed in vain, and that congressional actions needed to prevent a similar disaster in the future will not be taken any time soon,” said Representative George Miller, senior Democrat on the Education and the Workforce Committee. “I’m beside myself with outrage, and share the local families’ worry that ruthless mine operators who put profits ahead of safety will continue to exploit the well -documented loopholes in the law over and over again, no matter how many miners die.”
During the markup, Democrats sought consideration of the Robert C. Byrd Mine Safety Protection Act, which is a response to weaknesses in the Mine Act that were uncovered during the investigation of the Upper Big Branch mine explosion, the deadliest U.S. coal mine disaster in nearly 40 years.
Despite recommendations from the West Virginia governor’s independent investigation panel and the Mine Safety and Health Administration (MSHA), as well as six separate reports calling for reforms, Republicans contended that the mine safety bill was politically motivated and unnecessary.
While rejecting the mine safety amendment, Chairman Kline said: “This amendment reflects the same flawed belief that simply passing more legislation will protect miners. We believe a better approach is to build on the progress we've made through responsible and aggressive oversight, and that's precisely what this committee will do.”
Miller responded: “I appreciate Mr. Kline’s attention, but MSHA does not have the authority to implement the necessary reforms that will save miners’ lives when a rogue mine operator seeks to put production ahead of safety. Only Congress can provide the necessary whistleblower protections, make advance notice that intentionally obstructs MSHA inspections a felony, make willful violations of mine safety standards that lead to miners’ deaths a felony, and give MSHA the subpoena power it needs to uncover acts of deception by unscrupulous mine operators, such as keeping two sets of mine examination books. All of these provisions were included in the amendment offered today, which Mr. Kline rejected.”
The committee has not held a single oversight hearing on mine safety in the past two years. Republicans voted unanimously against the mine safety legislation put forward at today’s markup.
Committee Democrats have been leading the way to protect miners’ lives, improve mine safety, and provide appropriate oversight, including taking the following actions, among others:
- Requested that the inspector general issue a report on why the Upper Big Branch mine was not subject to elevated sanctions in advance of the explosion for their repeated violations of mine safety standards.
- Convened a hearing, under the leadership of Representative Miller, just six weeks before the Upper Big Branch explosion, to question MSHA’s plan to address the backlog within the mine safety enforcement system that prevented mines from being appropriately sanctioned.
- Traveled to West Virginia just weeks after the explosion to hear testimony directly from affected miners and their families about the conditions in the Upper Big Branch mine.
- Sent staff to MSHA’s laboratory in West Virginia after the disaster to investigate how MSHA was going to speed up its testing of the combustibility of coal mine dust, which was a major contributing factor to the Upper Big Branch explosion.
- Led the successful effort to pass legislation (P.L. 111-212) that appropriated $22 million in new funding to address weaknesses in MSHA’s enforcement programs and provide emergency response equipment that can help save lives during future disasters.
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