H.R. 5663: Making Mines with Serious and Repeated Violations Safe

(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 make mines with serious and repeated violations safe for miners.

Problem: Mine owners with repeated and significant safety problems that endanger workers have been able to escape tougher ‘pattern of violation’ sanctions.

Solution: Criteria for ‘pattern of violations’ sanctions would be revamped to ensure that dangerous underground coal mine operations fix chronic problems.

MSHA would have authority to close down an underground coal mine or a “gassy” underground mine once a ‘pattern of violations’ status is triggered. In order to reopen, underground mine operators have to comply with a remediation plan that can include additional training, added staffing, and an effective safety management program, and be subject to double the number of mine inspections and additional reporting requirements.

Mines would pay a fee to cover the cost of these added inspections and face doubled civil penalties for any violations if underground mines do not significantly improve compliance in 180 days. Underground mine operators subject to a ‘pattern of violation’ status would have the right to an expedited hearing from the Mine Safety and Health Review Commission.

MSHA would also put mines’ compliance history and the criteria for pattern status on the agency’s website.

Problem: A backlog of mine operator contests of health and safety violations are clogging up the system, which delays MSHA’s ability to hold our nation’s most dangerous mine operators accountable.

Solution: The legislation will impose prejudgment interest on penalties that are sustained. It would also require the Review Commission to use MSHA’s penalty formulas, instead of vague statutory criteria. By making the system more predictable, there is less incentive to try to game the system by clogging the system and appealing cases regardless of their merit.