H.R. 5663: Ensuring Miners’ Right to Blow the Whistle on Unsafe Conditions
(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners
The Miner Safety and Health Act of 2010 (H.R. 5663) would ensure miners’ right to blow the whistle on unsafe conditions.
Problem: Many miners are forced to work in unsafe conditions because they fear that they will lose their job if they speak out.
Solution: The legislation would give miners the right to refuse to work in unsafe conditions.
Problem: Mine operators lack sufficient deterrents for retaliating against miners for blowing the whistle on dangerous working conditions.
Solution: The bill would grant miners the right to refuse to work in unsafe conditions and would extend the statute of limitations for filing a whistleblower complaint from 60 to 180 days. Miners would be able to seek punitive damages in addition to back pay and reinstatement.
The bill would establish civil penalties for whistleblower violations of $10,000 minimum and $100,000 maximum for first whistleblower violation, and $20,000 minimum and $200,000 maximum for repeated violations in a three-year window.
Criminal sanctions would be establish for those who knowingly retaliate with the intent to adversely impact directly or indirectly the employment or livelihood of those who provide information on health and safety conditions to MSHA or law enforcement officers.
Problem: Mine management or their lawyers often demand attendance when MSHA interviews miners during enforcement matters or investigations, which increase fears of intimidation.
Solution: Miners would have the right to meet with MSHA confidentially. The bill would also prevent mine operator attorneys from also representing individual miners unless the miners knowingly and voluntarily waived the conflict of interest.
Problem: Some miners fear loss of income for reporting dangerous conditions to safety officials because MSHA may temporarily close a mine and cause a loss of pay.
Solution: Workers will get full pay after the first two shifts when a mine is temporarily closed by MSHA because of safety problems, and full pay thereafter to a maximum of 60 days. Current law only provides 7 days pay after first two shifts. MSHA can also issue a mine closure order if a mine operator does not pay miners by the next pay period after the mine reopens. Mine operators would be provided a hearing and judgment within 30 days on any order that closes a mine and triggers payments to miners..
Problem: Even with improved whistleblower protections, at-will employment in inherently dangerous workplaces like underground coal mines leaves miners subject to fear and intimidation when it comes to speaking out on workplace safety. Under current law, employers are free to fire miners for no reason whatsoever, if they are not covered by a labor agreement.
Solution: The bill would provide underground coal miners working at mines “on pattern status” with protections from dismissal for three years, unless the employer has just cause based on reasonable job-related grounds or for other legitimate business reasons.