Mr. President, it is my honor today to join with my colleague Senator Byrd, who I am sure will be here very shortly. We are very proud to announce that we are, as an entire West Virginia delegation,…
Mr. President, it is my honor today to join with my colleague Senator Byrd, who I am sure will be here very shortly. We are very proud to announce that we are, as an entire West Virginia delegation, introducing the Federal Mine Safety and Health Act of 2006.
The last few weeks have been an emotional roller coaster in West Virginia and across large parts of the country as we watched the damage and the pain and the crying and the anger because of a series of coal mine accidents that happened in West Virginia where 14 miners lost their lives and in the State of Kentucky where a miner lost his life. There is no real way of describing the sadness and the grief of being with families as they find out their coal-miner spouses are no longer alive.
Everybody understands that coal mining is very dangerous, but you go in every day with the hope that it will be all right. It is a way of life. People ask, Why do you go into coal mining? They go into coal mining to keep the lights of America on and they do it to earn a good wage.
What we have to do is make sure the legacy of these 15 miners who died--1
in Kentucky and 14 in West Virginia, 15 miners in all--is that we make sure this kind of tragedy never happens again.
It is amazing to be in a coal-mining community when tragedy hits. People pull together amazingly, in Kentucky very much like West Virginia in that respect, and there is a sense of family. One person's loss is every person's loss.
Obviously, we have the losses that come in Iraq and in wartime in general. But there is something about coal mining. When there is a death in coal mining, it is devastating to a community and it takes a long time to heal.
I would come to churches--the Freewill Baptist Church in Logan County, the Sago Baptist Church in Upshur County, one south and the other up north--and you learn spiritually and personally forever with people who are bound together forever because they have gone through something which is truly difficult.
I note that in the case of Kentucky, we even have evidence of a miner who was killed two years ago who was actually videotaping with his video camera things which he thought were not proper in that particular mine, as he was killed. He was still videotaping as he was killed.
Legislation is needed.
I note the presence on the floor of my distinguished senior colleague, Senator Byrd.
What we plan to do in the Senate and in the House--we in the Senate and our three Members in the House--is, in fact, to take the first step toward improving mine safety and doing it through legislation.
It is a sad thing to say, for the country and for all of us, where we have gone through a period of years where we haven't had large numbers of people killed in the mines, that we have been lulled into thinking that mining is not dangerous. That has been compounded by the fact that the obsession with oil which the President spoke about last night has been very real. What is going on overseas in Afghanistan, Iraq, and other places of danger across the world has generally tended to pull us away, I think maybe for 20 years, from a review of what coal mine safety legislation, rules, and regulation through MSHA, the Mine Safety and Health Agency, ought to be. Things haven't changed a lot. The safety technology in the mines has not changed a lot. There is a bit of a lax attitude, and a little bit of indifference. This is the world we live in--the world of mining--and it is as it is, and it ever shall be. That kind of thinking we have to stop.
As a delegation, led by Senator Byrd, we are determined to do that. We are determined that the legacy of these 14 miners in West Virginia and the one in Kentucky will be that this kind of accident never takes place again. We do not want that to happen.
The irony is that coal, which has always been taken for granted by the American people, to my distress, is a full 31 percent--and it has been for years--of all of our energy use in America. People are always thinking about importing oil, and we do. That is a tremendous addition to our trade deficit, and it causes all kinds of other problems when we are dealing with very unstable countries--increasingly unstable countries. But all the while coal has been sitting there. We have a 250-year supply of coal in the United States of America. That can be substituted for much of that oil.
The coal industry is growing. The price of coal is going up. People are going to be opening new coal mines. I wouldn't say it is a hot industry in financial terms, but it is very close to it, which means there are going to be more mines opened. Therefore, more people will be getting into mining--some will be small, some will be larger. We have to make sure they will be mining safely and responsibly. That takes vigilance on our part, on the part of the Secretary of Labor, and on MSHA's part. That is why Senator Byrd, my senior Senator, will no doubt submit the bill.
But we want to call immediate attention to the Mine Safety and Health Administration and the Secretary of Labor because they have in their power right now the ability to cause to happen a number of the suggestions which we are making. They can simply do it. They have the rulemaking power to do that, but they have not done that.
What we are doing is looking at a few ways that the Mine Safety and Health Administration and also the Secretary of Labor, Elaine Chao, can act aggressively to improve mine safety, as they can do without a single change in any law at all. In many cases, Congress has given them this authority. It is just a matter of the Secretary of Labor moving on these issues. It ought to ring loud and clear, and there ought to be results from that.
In our bill, we also instruct the Secretary to promulgate rules quickly to require a series of things: advanced communication and breathing apparatus, technologies that can be deployed in our mines.
This is something which has baffled Senator Byrd, myself, and our delegation for a long time. We have a lot of rules and regulations; regarding breathing apparatuses, for example; oxygen supplies, for example--which have not changed since 1977, or before. We have just gone through a period of years when we have not put the focus on coal mine safety. Now that is at an end. We have to have advanced communications and breathing apparatus technologies.
It has been said often--it will be said once again--that we could talk with Neil Armstrong on the Moon when he was there many years ago, but we can't talk with a coal miner in a two-way communications system who may be 1,000 or 2,000 feet underground. To say the technology for that doesn't exist is to say that America isn't America.
I have had in my office, as I am sure others have, numerous people in the last several days pouring out ideas they are working on or have developed. The families of the victims gave us many ideas of what could be done. We are a country of new technologies. We have simply declined to apply it to coal mine safety, and the coal mines have been a bit lax to take the initiative on that. This is something we are all going to have to do together. We have to demand that rescue teams be staffed and on site in every single mine.
There was a major problem, particularly at the Sago mine up north. But rescue teams have to be a part of an operation. If you are going to start a business, a rescue team within your workforce has to be a part of what you do--not simply wait for a rescue team 2 hours away to collect itself and then come. That is usually too late. It is amazing to me that that situation exists.
We have to also develop a schedule of fines for mining violations. They have to mean something. The average mine violation at Sago--there seem to be several hundred of them--all seems to be $60 or $270. That doesn't change behavior. That encourages a company to say, Look, we will pay because there is no real penalty on us.
Fines can be charged up to $60,000, and we are going to increase that. Mines can be shut down by Federal mine inspectors if they choose to do that. But for the most part they have not chosen to do that. The lesson has to sink in to be responsible as a coal mine or else you can't do it.
Another matter in our legislation is that we have to notify the MSHA immediately when there is an accident. That was not done in a couple of our cases. In one case, it took a very long period of time to notify the agency. That seems a small thing, but that is a huge thing, particularly because small mines today don't necessarily have their own rescue teams.
There have to be extra alerts that go out across the Federal and the State bureaucracy and within the mining community so that rescue teams can get to the spot as soon as possible.
So we want the Federal mine safety agency to make the health of miners its first and foremost priority.
As of the day that first problem happened at Sago with the death of so many miners, it has become my first priority and will stay that way until we get what we need in coal mine safety, working with the companies, with the Federal Government and, where necessary, to use legislation.
The enforcement of mine safety laws requires a set of penalties that reflects the seriousness. We cannot have a situation such as we had at Sago Mine--$60 or $270 fines with over 200 violations. They have to reflect the seriousness, and be proportional. They have to be larger and have impact. Companies cannot just say, I will go ahead and pay that, but I don't have to make any
change because I can afford to pay that; then I don't have to have people coming in and looking at what is going on in my mine as much.
MSHA has minimal penalties and that is the fault of all of us; but primarily MSHA should do its job. As part of MSHA's invigorated commitment to the safety of miners, we are going to seek to have in our legislation the agency enforce a longstanding rule which was canceled in 2004. It is a very serious rule and one that I will briefly explain. Mine operators have been using fresh air escapeways to house coal conveyer belts. What does that mean? The first thing we need to understand, mines are required to have fresh air escapeways. These are supposed to be free from potentially combustible material, combustible gases, and the possibility of fire. Where there is a beltway--which costs $100 million plus in some cases; it is a very large operation--a single friction could ignite a fire. That fire, then, can take off into the coal seams and cause terrible damage and destruction of human life.
Belt fires such as the one resulting in the deaths of the two brave West Virginians at the Alma mine in southern West Virginia are some of the most dangerous occurrences in coal mining in any form. The very least we can do to protect miners is keep the entrances to the mines-- where these miners risk their lives every day to provide the rest of the country with the energy--free of such avoidable hazard. That was the rule. That was the law for many years.
For reasons we can only guess, MSHA altered the enforcement practices to allow for entry coal belts in 2004. That is wrong. That is the lack of vigilance on the part of all who watch over mining.
Finally, our legislation calls for the creation of a position of miner ombudsman. People say, So what? There is a big ``so what.'' It is a fact that miners in some mines are afraid to report safety deficiencies. They are afraid to report certain matters because they think if they do they will get in trouble or get fired or their sister or brother will get fired from a coal mine. I am not making an accusation, but I heard a great deal of talk about that condition when I was in West Virginia for many days, along with my senior Senator, Senator Byrd. I heard that a great deal.
The miners have to have a voice in an overall Federal agency. That voice in the overall Federal agency--MSHA--has to be out of the political process, almost detached, in a sense, from MSHA itself. That is important because we have to provide people a place to report mine safety problems. They have to be able to do it anonymously and they have to be able to do it feeling safe about so doing.
My West Virginia colleague and I do not pretend to be doing a complete fix of mine safety legislation. We do believe our act is a first strong step on a path that Congress should have started down some time ago. It is immensely sad it took the deaths of 14 West Virginians and 1 Kentuckian to galvanize the emotion, anger, and determination one has to have when it comes to making sure the coal mines are safe.
Coal mines are a world within themselves. The taste of a coal mine, the smell of a coal mine, the brotherhood of a coal mine, the danger of a coal mine, these are things which are part of people's lives. Most people in West Virginia, most people across the United States of America, have never been down a coal mine because it is restricted and people cannot wander in to look around. Those who have oversight responsibility have to make sure they do their job.
I, for one, believe those who do represent the mining State need to take this responsibility, as do the companies, as do the operators at the ground level, and also the miners themselves. I have had a slew of ideas in the last several days. I am optimistic we can find technology--it may come out of DARPA or DOD. Remember in the first gulf war, the Marines, Air Force, Navy, and Army could not communicate with each other when they went into Kuwait. Their radio bands were all different. Everyone knows that story. That was bad. They fixed it. That is what we have in our coal mines. That has to be fixed.
Mine safety moved to the top of my legislative priority list the very day I heard of these tragedies. I commend this important legislation to my colleagues. I invite them to join Senator Byrd and myself in cosponsoring this legislation.