Workforce Protections Subcommittee Receives Enforcement Update from the Mine Safety and Health Administration

WASHINGTON – Today, in a hearing entitled “Protecting America’s Workers: An Enforcement Update from the Mine Safety and Health Administration” the head of the Mine Safety and Health Administration (MSHA), testified before the Workforce Protections Subcommittee. Joe Main, the Assistant Secretary of Labor for Mine Safety, outlined the  steps that have been taken to protect miners in the five years since the Upper Big Branch tragedy took the lives of 29 miners in a preventable explosion. Mr. Main also emphasized that MSHA still needs additional tools to protect miners.   

 

“In April, 2010, MSHA began to conduct strategic impact inspections targeted at troubled mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns,” stated Mr. Main. “While many mines have safety and health programs in place to protect miners, the ongoing need for these impact inspections illustrates that there are still mines that maintain negligent practices. They continue to expose their miners to serious hazards that could lead to explosions as well as health risks, such as black lung disease.” 

 

Today’s hearing highlighted the need for a comprehensive mine safety bill. Ranking Member for the Committee on Education and the Workforce, Robert C. “Bobby” Scott (VA-03) and Subcommittee Ranking Member Wilson (FL-24) introduced The Robert C. Byrd Mine Safety Protection Act of 2015 (H.R.1926), which includes many of the safety reforms suggested at the hearing. 

 

“We should not wait until yet another mine disaster occurs before taking steps to improve mine safety,” stated Ranking Member Scott (D-VA).  “Mine workers deserve the safest work environment possible and we know that simple improvements to current law – such as subpoena authority, more effective tools to collect delinquent fines, and stronger deterrents for those who recklessly endanger miner’s lives – could better equip MSHA with the tools they need to keep miners safe on the job.”   

 

Currently, the Occupational Safety and Health Act and the Fair Labor Standards Act provide the Secretary of Labor with subpoena authority to help protect worker safety and ensure workers are paid the wages they are due.  By contrast, MSHA is severely constrained in its ability to compel testimony or force the production records.  

 

“Congress has provided subpoena authority to the Agriculture Department under crop promotion laws, such as the Watermelon Research and Promotion Act, the Pecan Promotion and Research Act, and the Popcorn Promotion, Research and Consumer Information Act,” said Rep. Frederica Wilson (FL-24) Ranking Member of the Workforce Protections Subcommittee. “Miners need and deserve a safety watchdog that has all of the necessary tools to protect their lives and well-being. At a bare minimum, I would ask that we join in a bipartisan effort to enact legislation to provide MSHA with expanded subpoena authority. Although it’s only a piece of the Byrd bill, I hope we can at least reach a compromise on this issue.”

 

Today’s hearing was the Committee’s first hearing in three years on mine safety.

 

The Robert C. Byrd Mine Safety Protection Act of 2015 (H.R.1926) can be viewed here.

 

A full summary of the legislation can be viewed here.

 

Find the Assistant Secretary of Labor for Mine Safety Joe Main’s full testimony here.

 

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