H.R. 4695House109th Congress (2005-2007)In Committee

Federal Mine Safety and Health Act of 2006

Introduced February 1, 2006

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Workforce Protections.

May 1, 2006

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HouseIntro Referral

Introduced in House

February 1, 2006

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E46-47)

February 1, 2006

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

February 1, 2006

HouseCommittee

Referred to the Subcommittee on Workforce Protections.

May 1, 2006

Floor Debate

9 members

What members said about H.R. 4695 on the floor

3 Republicans6 Democrats
George Miller
Rep. George MillerD-CA-7 · Feb 8, 2006

Mr. Speaker, I yield such time as he may consume to the gentleman from West Virginia (Mr. Rahall). Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Owens). (Mr.…

George Miller
Rep. George MillerD-CA-7 · Mar 1, 2006

Mr. Speaker, earlier today the Education and the Workforce Committee had a subcommittee hearing dealing with the mine safety issues around the recent tragedies that happened in the Sago mine disaster…

Major R. Owens
Rep. Major R. OwensD-NY-11 · Feb 8, 2006

Mr. Speaker, the resolution before us today is one that demands our attention, and I hope it is attention in more than just a ceremonial memorial way. It demands our attention for future action. This…

Shelley Moore Capito
Rep. Shelley Moore CapitoR-WV-2 · Feb 8, 2006

Mr. Speaker, I rise today as the sponsor of House Concurrent Resolution 331 to honor the now 16 West Virginia miners who have lost their lives in coal-mining accidents this year. I want to thank the…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Feb 8, 2006

Mr. Speaker, I thank the gentleman from California for yielding me this time, and thank him for his leadership and expertise in helping us on mine safety legislation. Mr. Speaker, I rise and…

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Thelma D. Drake
Rep. Thelma D. DrakeR-VA-2 · Feb 8, 2006

Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 331) honoring the sacrifice and courage of the 12 coal miners killed and the stamina and courage of the…

Tim Murphy
Rep. Tim MurphyR-PA-18 · Feb 8, 2006

Mr. Speaker, I rise to solemnly support House Concurrent Resolution 331 that mourns the loss of so many coal miners from the Sago and Alma mine disasters and, quite frankly, it is a time for us to…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 8, 2006

Mr. Speaker, I rise in support of H. Con. Res. 331, ``Honoring the sacrifice and courage of 12 coal miners killed and stamina and courage of one who survived the mine disaster in Sago, West Virginia…

Jerry F. Costello
Rep. Jerry F. CostelloD-IL-12 · Feb 8, 2006

Mr. Speaker, I rise today in support of H. Con. Res. 331, a resolution honoring the 16 extraordinary miners who lost their lives in the recent West Virginia coal mine accidents and recognizing the…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Feb 8, 2006

Mr. Speaker, last month, America witnessed the tragedy of the Sago and Aracoma Alma mine deaths. We saw terrible things happen to good people, and the Nation was saddened by the events that unfolded.…

Bill Text

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Introduced in HouseIssued February 1, 2006

I

109th CONGRESS

2d Session

H. R. 4695

IN THE HOUSE OF REPRESENTATIVES

February 1, 2006

Mr. Rahall (for himself, Mr. Mollohan, and Mrs. Capito) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To direct the Secretary of Labor to prescribe additional coal mine safety standards, to require additional penalties for habitual violators, and for other purposes.

1.

Short title

This Act may be cited as the Federal Mine Safety and Health Act of 2006.

2.

Sense of Congress

It is the sense of Congress that the Mine Safety and Health Administration should strictly enforce mine health and safety standards as required under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).

3.

Enhanced underground coal mine safety standards

(a)

Notification

Not later than 90 days after the enactment of this Act, the Secretary shall revise the regulations prescribed pursuant to section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) to require that the operator of each coal mine expeditiously provide notification of any accident where rescue and recovery work is necessary. The Secretary shall take such steps as are necessary to ensure that a system is in place within the Mine Health and Safety Administration to immediately receive such notification.

(b)

Rapid emergency response

Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall revise the regulations prescribed pursuant to section 115(e) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(e)) regarding mine rescue teams. Such regulations—

(1)

shall address the efficacy and adequacy of—

(A)

training and qualifications for rescue team members;

(B)

the equipment and technology used in mine rescue, including refuge chambers and other rescue alternatives;

(C)

the structure and organization of rescue teams, including the number of team members and the procedural rules for the use of teams, including contractor teams; and

(D)

the guidelines addressing the potential liability of and insurance issues relating to rescue teams; and

(2)

shall require—

(A)

that the operator of each coal mine maintain mine rescue teams whose members—

(i)

are employed by such operator and who are familiar with the workings of such coal mine; and

(ii)

shall be available at such coal mine for rescue and recovery work to provide an immediate and rapid response to an emergency; and

(B)

that the operator of each coal mine have in place a plan for coordination and communication between the operator and mine rescue teams and local emergency response personnel, and that such local personnel be eligible to receive appropriate training in order to be familiar with mine rescue and recovery work.

(c)

Emergency air and communications equipment

Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall prescribe regulations as authorized by section 315 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(e)). Such regulations shall require that each coal mine maintain at strategic locations within each mine, the following:

(1)

Emergency supplies of air and self-contained breathing equipment for persons awaiting rescue due to an emergency within the mine. Such equipment shall be sufficient to maintain such persons for a sustained period of time and shall be in addition to the self-rescue devices referred to in section 317 of that Act (30 U.S.C. 877(n)).

(2)

Independent means of communication with the surface for persons awaiting rescue at such locations, including secondary telephone or equivalent two-way communications facilities to the surface.

(d)

Emergency tracking and communications equipment

Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall prescribe regulations to require each operator of a coal mine to implement a communication and electronic tracking system to assist in rescue and recovery work of persons awaiting rescue due to an emergency within the coal mine. Such regulations shall require that each person who enters a coal mine to be equipped with—

(1)

a portable communications device calibrated to communicate with both the surface and to rescue personnel; and

(2)

an electronic tracking device permitting persons on the surface and rescue personnel to determine the exact location of each such person within the mine.

(e)

Prohibited practices

Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall revise the regulations prescribed pursuant to section 303(y) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 863(y)) to require, in any coal mine, regardless of the date on which it was opened, that belt haulage entries not be used to ventilate active working places.

4.

Increased penalties for habitual violators

Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall prescribe regulations—

(1)

to establish that no civil penalty less than $10,000 shall be assessed pursuant to section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) for a violation which occurs of a mandatory health or safety standard where the operator displays negligence or reckless disregard of such standard; and

(2)

to provide for a civil penalty of up to $100,000 for an operator who fails to comply with section 3(a) of this Act.

5.

Technological transfer and application

(a)

Office of Science and Technology Transfer

The Secretary of Labor shall establish within the Mine Safety and Health Administration an Office of Science and Technology Transfer for the purposes of conducting research and development to apply advancing sciences and technologies to underground coal mine and coal miner health and safety. Such Office shall consult with other Federal agencies, as appropriate and on a regular basis, in order to stay informed of the latest technologies that are available to ensure coal miner health and safety.

(b)

Periodic review and application

The Secretary of Labor shall, on a periodic basis, review the underground coal mine health and safety standards for possible revision with regard to advancing sciences and technologies, and shall, on a periodic basis, revise such standards to require the implementation of such technologies.

(c)

Authorization of Appropriations

There is authorized to be appropriated such sums as may be necessary for the purposes of implementing this section.

6.

Miner ombudsman

(a)

Establishment

There shall be established within the Office of the Inspector General of the Department of Labor the position of Miner Ombudsman. The President, by and with the advice and consent of the Senate, shall appoint an individual with expertise in mine safety and health to serve as the Miner Ombudsman.

(b)

Duties

The Miner Ombudsman shall—

(1)

be responsible for ensuring the safety of mines through information collection and sharing;

(2)

establish a toll-free telephone number and appropriate Internet website to permit individual miners to confidentially report mine safety and health violations;

(3)

forward information collected concerning mine safety and health violations to the appropriate officials of the Mine Safety and Health Administration for investigation; and

(4)

carry out other activities to improve the safety of mines.

7.

Definitions

As used in this Act, the terms coal mine and operator have the meanings given such terms in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).