H.R. 5663: Increasing MSHA’s Accountability
(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 increase MSHA’s accountability.
Problem: MSHA’s investigations into mine tragedies are not independent.
Solution: The Secretary of Health and Human Services would appoint a five member independent investigative panel to investigate mine accidents with three or more deaths, chaired by a staff member from NIOSH’s Office of Mine Safety and Health Research. The investigation would identify all factors that caused or contributed to the accident, assess whether actions or inactions by MSHA, state regulators, operators or others contributed to accident; and review MSHA’s investigation report.
Problem: Some states do not establish adequate minimum requirements for certifications and do not reach to superintendents.
Solution: The legislation would allow MSHA to certify, recertify, and decertify mine foremen, superintendants and others if equivalent certifications were not established under state law. The bill would allow MSHA to charge a fee for certification. A grant program would be established to improve state mine certification programs.