H.R. 5663: Giving MSHA Better Enforcement Tools

(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 give MSHA better enforcement tools.

Problem: MSHA’s ability to shut down an unsafe mine is limited.

Solution: The legislation clarifies MSHA has the ability to close a mine that is considered a serial violator through a court injunction.

Problem: MSHA lacks subpoena power for investigations and inspections. Under current law, MSHA can only issue a subpoena in context of witnesses for a public hearing.

Solution: The legislation grants MSHA the ability to subpoena in conjunction with the agency’s investigations and inspections.

Problem: Miners are concerned MSHA does not inspect mines during weekend or night-owl operations. 

Solution: The legislation would require that inspections occur on all shifts and days of the week. If inspection times are unpredictable, operators will be motivated to work more safely across all shifts. 

Problem: ome mines alert workers underground of an impending inspection in order to cover up safety problems and direct inspectors away from problem areas. Currently, it is only a misdemeanor to give advance warning of a mine inspection, even though such a “tip off” interferes with MSHA’s ability to detect violations.

Solution: Any person who knowingly provide advance notice of an inspection with the intent to impede, interfere or adversely affect the results of an inspection, could face a felony count, with a maximum five years in prison and a maximum penalty to $250,000 per individual and $500,000 per organization.