H.R. 5663: Holding Irresponsible Mine Operators Accountable

(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 hold irresponsible mine operators accountable.

Problem: It is only a misdemeanor for underground mine operators to knowingly violate health and safety standards where they knowingly subject miners to a significant risk of serious bodily injury or death.

Solution: Criminal violations for knowing violations of safety standards that expose a miner to a significant risk of serious bodily injury or death in the first instance would be a felony for operators of underground coal mines (and other gassy underground mines)– with punishment of up to five years in jail for a first offense and a maximum of $1 million fine, or both, and ten years for the second offense or $2 million or both.   Knowingly tampering with or disabling a safety device which exposes miners to a significant risk of serious bodily injury or death is also punishable by imprisonment for up to 10 years and or a $ 2 million fine, or both.

Problem: More than $27 million in fines are currently unpaid.

Solution: Mines that are more than 180 days in arrears on paying fines, or failing to live up to a payment plan, would face a mine-wide withdrawal order until payments are made.