Mr. Chairman, today I rise in strong support of legislation that would greatly enhance the health and safety protections in the Nation's coal mines. Despite significant progress over the last several decades, mining remains one of the most…
Mr. Chairman, today I rise in strong support of legislation that would greatly enhance the health and safety protections in the Nation's coal mines.
Despite significant progress over the last several decades, mining remains one of the most dangerous jobs in America. Mining fatalities occur at a rate more than seven times the average of all private industries; and we are reminded of how dangerous mining can be by the tragedies like the one in Utah in August of this last year, where six miners and three rescuers died in what appears to have been a preventable disaster, and the tragedies of Kentucky and West Virginia in 2006.
Accidents every year claim the lives of one or two miners at a time. In 2007, according to the Mine Safety and Health Administration, 32 coal miners and 31 metal and nonmetal miners died on the job. Miners also face serious health risks, including a resurgence of black lung disease.
The legislation we are considering today, the S-MINER Act, builds on the work of the last Congress when it passed the MINER Act of 2006. The S-MINER Act represents a comprehensive approach to minimize the health and safety risks facing miners. It is critical that Congress take this action, because one of the things that is clear is that we cannot leave mine safety and health to the Bush administration.
When the Sago Mine disaster occurred, we learned that the Bush administration had withdrawn or delayed more than a dozen health and safety proposals that would have benefited miners. The Bush administration filled top-level positions at MSHA with executives from the very industry that the agency was charged with regulating. Dangerous rules favored by the industry, which would leave miners vulnerable to aggressive ``belt air'' fires, became law under this administration.
From 2001 to 2006, the Bush administration gutted MSHA by cutting funding and staffing, and especially in coal mine enforcement, where the worst tragedies would strike in 2006 and 2007. Even as coal production increased around the country, the Bush administration cut the Mine Safety and Health Administration's coal enforcement personnel by 9 percent by 2006. And then came the Sago disaster, Aracoma Alma, Darby, and Crandall Canyon mines. Even after these recent tragedies, even after the MINER Act was enacted, we continue to see neglect from this administration.
The Inspector General found this past fall that MSHA was failing to conduct mandated inspections on time, leaving thousands of miners unprotected. In 2006 alone, MSHA failed to complete the required inspections of 107 mines, employing 7,500 miners. And,
Secretary Chao failed to meet a simple deadline under the MINER Act to produce regulations on rescue teams, fundamental regulations on rescue teams, at the end of this last year.
The track record of this administration on mine safety and health has been horrendous, and Congress needs to act. That is why we are here today, to make sure that our government fulfills its obligations to protect those brave men and women who risk their safety to keep this country running.
The S-MINER Act addresses three broad issues: disaster prevention; improved emergency response; and long-term health risks. And I will talk more about those areas in a moment.
Later today, in addition to the underlying bill, I will be offering a manager's amendment that makes modifications to the bill. Among other things, that amendment will address the troubling problems of substance abuse. Because of injuries, overwork, and stress that miners often suffer, we have heard reports of substance abuse among miners.
I want to be absolutely clear. None of the recent mine tragedies have been linked to drug use in any way, but we should nevertheless be proactive in heading off the dangers that drug use poses to the miners. A few States have already adopted drug testing requirements for miners. Most, if not all, of the large coal mining companies already utilize some form of drug testing program. It will take further study to determine what role, if any, the Federal Government should play here, but this issue should be dealt with. That is why the amendment I will offer later today will require the Secretary of Labor to conduct a study on best practices and will authorize her, within 6 months, to set up a drug testing and rehabilitation program for miners, in consultation with miners, their unions, operators, State agencies, and public health experts.
Two other amendments will be offered by Representatives Boucher and Ellsworth to build upon and modify this legislation, and I support those amendments.
I reserve the balance of my time.
Mr. Chairman, I yield myself 30 seconds.
My colleague from California said that we had a study in this. Yes, we have a study for the Secretary to determine the best way to implement a drug testing and treatment program after 6 months of talking to the States and local agencies and the companies and the miners. We don't impose this from Washington. And then the Secretary, if she determines that it is feasible, she is instructed to start the program.
We just thought it would be wise to consult the companies who have programs, States that have programs, the miners themselves, the local public health agencies.
I yield 1 minute to the gentleman from Iowa (Mr. Boswell).
(Mr. BOSWELL asked and was given permission to revise and extend his remarks.)
I reserve the balance of my time.
Mr. Chairman, I yield myself 30 seconds.
The gentleman should have finished reading the rest of the letter where NIOSH says that these technical modifications can be addressed quickly. And, in fact, the preliminary feedback is that manufacturers have already made many of these, and they have already been implemented. Read the whole letter. I suggest that the gentleman on the other side of the aisle read the legislation, and when they want to introduce evidence, read the complete evidence.
I yield 4 minutes to the gentlewoman from California (Ms. Woolsey).
Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. Hare), a member of the committee.
Mr. Chairman, will the gentleman yield?
I thank the gentleman for his support of this legislation, and more importantly, to thank him for all of his support on behalf of workers during our first session of Congress. I thank you for your attendance at the hearings and advocacy and questions on behalf of workers. I know of your very strong interest in miners, and I want to thank you for your advocacy on behalf of all workers.
I yield 3\1/2\ minutes to the gentleman from West Virginia (Mr. Rahall).
I yield myself 30 seconds.
The gentleman from Alaska is quite correct. It's a pathetic sight to see the President of the United States begging the Saudi prince to release more oil 8 years after that President has been in office; several energy bills passed by the Republican Congress, and the President is left going hat in hand begging the Saudi prince for more oil. It just shows the opportunity cost of this administration, of that Republican Congress and the pathetic energy policy that we were left with.
The new energy bill, however, reverses that trend. I'm very proud to be part of it.
That's 10 years ago.
I yield 2 minutes to the gentleman from New York (Mr. Bishop).
May I inquire of the Chair how much time each side has remaining.
I yield 2 minutes to the gentleman from New Jersey (Mr. Holt), a member of the committee.
I yield 2 minutes to the gentleman from Kentucky (Mr. Yarmuth), a member of the committee.
I yield myself 30 seconds.
I want to thank the gentleman. I've had an opportunity to read the letter from his constituents, and I want to thank him for entering it into the Record. It's on behalf of those families and the families of the other mining tragedies who have also written to us that we made a pledge in our committee, as the gentleman knows, that this committee was going to be very diligent about pursuing mine safety.
It had been ignored for too long. The families had been closed out of the process. They were not allowed to testify. They were not allowed to go to the investigations. They were not allowed to attend the hearings, and this legislation changes much of that.
And you're quite correct and I want to thank him and his constituents for the support of this legislation.
Announcement by the Chairman
Mr. Chairman, I yield 1 minute to the gentleman from Iowa (Mr. Loebsack).
Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews), a member of the committee.
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield 1 minute to the gentleman from Oregon (Mr. Blumenauer).
I'm the only speaker. We were looking for a gentlewoman to do a colloquy, but she's not here. If she shows up, I would do the colloquy with her, but I wouldn't take additional time. So you can go ahead and use your time.
Mr. Chairman, may I inquire as to how much time is remaining.
Mr. Chairman, I yield such time as she may consume to the gentlewoman from Michigan (Ms. Kilpatrick).
If the gentlewoman would yield.
I want to thank you for your support of this legislation. I would note that the manager's amendment will slow down the required schedule of underground mines to convert to the new more fire-resistant conveyer belts. These belts will help prevent deaths in all kinds of underground mines. And the amendment will ensure that mine operators have a chance to use up the perfectly good belts that they have in their inventory.
Also, the S-MINER Act will not adopt new safety standards for underground non-coal mines, except for the conveyor belt, and in this case, the mines which regularly emit methane gas, new rules for explosion-proof seals. It certainly does not treat these mines like coal mines.
The current air quality standards for underground salt mines are based on 1973 rules established by a private organization and incorporated by reference into the MSHA regulations. It is hard to even locate a copy of these old standards. It is the intent of S-MINER to adopt air standards that are justified by the unbiased scientific evidence as preventing health risks to miners and are feasible for the mines to achieve. If mine operators object to the new mine health limits based upon concerns of technological or economic feasibility, the bill requires them to fully analyze these concerns before adopting new standards. By speeding up the rulemaking process, we want to accelerate MSHA to address real hazards, but do not intend to adopt unsupported standards that do not create significant benefits or are not feasible for compliance.
The S-MINER Act does increase minimum and maximum penalties for violation of requirements that specifically protect the health and safety in underground metal and non-metal mines. However, it leaves in place the requirements in the law that small mines get a break, that a mine operator's history is a factor in assessment, and that the degree of negligence and seriousness of the hazard is to be considered.
Also, I want to note that our colleague, Congressman Ellsworth, has an amendment which would eliminate the requirement from the bill that concerns many of your constituents with respect to escrowing proposed penalties before contest.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I offer an amendment.
This amendment, Mr. Chairman and members of the committee, does four things. First, it will authorize $30 million for the Department of Labor to buy a new generation of personal dust monitors required by the builder and provide them to miners. These dust monitors greatly enhance the accuracy in measuring the concentration of coal dust in underground coal mines. Both miner and industry representatives have expressed support for this initiative. It will go a long way in helping us reverse the rise in black lung and save untold amounts of costs in dealing with such debilitating disease.
Second, the amendment will increase the time permitted for the mining industry to install a new generation of fire-resistant conveyor belts, significantly cutting industry compliance costs with the underlying bill. This amendment takes into account the industry concerns about significant amounts of old-style conveyor belts already purchased and in reserve. Under this provision, miners can use up the reserved belts before purchasing new fire-resistant belts so long as after 5 years of use they pass a proper annual inspection.
Third, the amendment would eliminate delays by some mine operators in providing supplies of breathable air in underground coal mines for miners who may become trapped as required under the MINER Act of 2006. We recently learned that some miner operators are putting refuge chambers on order, with a wait of several years in some cases, and MSHA has been treating these purchase orders as sufficient to comply with the MINER Act's breathable air requirement. In the meantime, miners are underground without the breathable air that this Congress intended them to have. At least 11 of the 12 miners of the Sago explosion, for example, did not die because of the explosion. They died because, after many hours of awaiting rescue, they ran out of air. So this provision closes an apparent loophole in the MINER Act and ensures that breathable air is readily available to miners underground today while operators await the delivery of refuge chambers. Such air supplies can be provided via air cylinders or through boreholes to the surface pursuant to MSHA instructions.
Finally, this amendment deals with the potential safety problems posed by substance abuse in a direct and responsible fashion. Many of us have seen the recent reports about the rise of substance abuse problems in mines and mining communities. There is no doubt that the injuries, overwork and stress that miners experience can leave some of them vulnerable to abusing substances like painkillers. Now, none of the recent tragedies have been linked in any way to drug use, but we should be proactive in this area.
The amendment directs the Secretary of Labor to study the problem in consultation with all parties and to impose the program if she determines it to be feasible.
I urge my colleagues to pass the manager's amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I would just say that, first of all, on the question, I'm sure we had both the same reaction when we read the story in The Washington Post that we had an opportunity in this legislation to address, the issue of substance abuse by those in the mining industry. You drafted your amendment and we drafted our amendment. Ours is, in fact, a study and then the implementation of the program.
The gentleman from the other side of the aisle and his colleagues are always saying they don't want a solution made in Washington. They want to consult other parties. We thought we should consult the companies. We thought we should consult the States that have experience in this, the public health agencies that have some experience in this, and have the Secretary develop the best program and then enact that program with drug testing. That's what we thought we should do, and I think it makes the most sense. There are States that have extensive experience, and rather than just somehow creating a program sent from Washington, whether those programs have drug testing or not, didn't make any sense to us.
With the rest of the criticisms of the amendment, I think it's sort of like maybe the ``Abbey Road'' album, where you guys play it backwards and it says ``Paul is dead'' or something. You're reading the amendments upside down or something because that's not what the amendments do. These are good amendments. They address some concerns that the industry has raised with us. And the fact of the matter is miners are entitled to have breathable air, to have 96 hours of air underground today. When the chambers come, they will come, but in the meantime they should not be unprotected given the history of the accidents that we have witnessed in this country and the problems that the miners have reaching those breathable supplies after the explosions.
So I would encourage all of my colleagues to support this amendment, the manager's amendment, by voting for it.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
I thank the gentleman for yielding.
Mr. Chairman, I rise in very strong support of his amendment. I think it's well thought out. It recognizes the problems that were described in the article and experienced among his constituents to provide the kinds of resources for what clearly, from the narrative in the story, is a very difficult problem, encountering numerous substances, of people who are caught in very difficult situations, many of whom are struggling to stay employed. And I think the kinds of services that the gentleman provides in his amendment are absolutely necessary, and I rise in strong support of the amendment.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I want to rise in strong support of the gentleman from Indiana's amendment and commend him for his very thoughtful work and his diligence on putting this amendment together to make sure that we in fact attack the problem at hand, which was those few irresponsible miners who refused to pay their fines and that have a history of not paying. Then, also the creative use of these fines to provide better enforcement, better safety for our mine workers. I rise in strong support and ask all of our colleagues to vote ``yes'' on the Ellsworth amendment.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I rise in strong opposition to this amendment.
What this amendment would do would be to strike many of the very important provisions in the underlying bill that are there to protect the lives and the safety of those who mine coal in this country's coal mines. They would change the retreat mining where we just saw a disaster of a mine accident in Utah this last August. They would provide a provision of a study. Rather
than changing the regulations by which that happened, they would provide a study. A study was not going to save those miners.
They would also take out the provision that we have that miners should have 96 hours of air available to them in the mines until such time as we have the refuge chambers. They take that out. Those miners need that air today. The fact that a refuge chamber is on order, may not be delivered for six months, a year, a year and a half, does nothing for the miner who goes to work today and tomorrow, and that is why we did it. We did it so that we could provide that margin of safety for those individuals.
We also look at conveyor belts, a major ignition point of fires in the mine, and if not properly installed, if not properly taken care of, can take the fire and the gases directly to where the miners are working. So they take that provision out.
We say that MSHA cannot investigate itself. It cannot investigate itself. These must be independent investigations, because you have to look at whether or not MSHA properly did its job, properly enforced the requirements of the law, properly inspected the mines and all that that entails, and to have them redo that themselves is a disservice to the miners and to the families. It's the single most provided complaint to this committee by the families, that they just don't understand how the watch dog can investigate themselves when their family members died in these mines. They want somebody else to take a look at it. They want somebody else to see whether or not it was done properly or not, and that is out in this provision.
It also limits the family participation. Why is it that the victims aren't able to testify and to participate and understand the design of the investigation? They are excluded from this process today. These are family members, these are victims of the disaster, these are taxpayers, and they're told, Just stand on the side, we'll tell you what happened. In many instances, they know more about what happens because when their spouses come home from work, they talk to them about what is wrong in the mines, what's dangerous, about their fear of going to work. So we provided an ombudsman so that that could happen. They should also be part of that investigation.
We think it's very important that this amendment be defeated because it wipes out, it guts those provisions of the law that we envision in this legislation that are so important to those miners and to their families. We cannot do what we have done in the past and assume that we can just leave this to the Mine Safety Health Administration. They essentially did nothing for 8 years.
Now, tragically, year after year those mining families are paying the price for that. That must come to an end. That is what this legislation does. This amendment destroys the ability of this legislation to provide that margin of safety to the miners and to their families, and I urge a ``no'' vote on the Wilson amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time I may consume.
Just in response to the question that was asked, the whole point is the chambers are not available. We are asking that they put 96 hours of air available in canisters until such time as the refuge chambers are available. Currently now, apparently if you order a chamber, you are considered to be in compliance. No new air has come into that mine. No new resources of air are available. Nothing is available to the miner, but you are in compliance with the law.
We saw miners lose their lives because they simply ran out of air. They weren't killed in the explosion. They weren't killed in a slide. They weren't killed in a roof collapse. They ran out of air.
So what we are saying is we appreciate that you have gone ahead and you have ordered the chambers because you have made the decision to put the chambers in. Until such time as they are there, we ought to provide that kind of margin of safety. One is not inconsistent with the other.
These are air cylinders that are readily available. These are not the individual-sized packs that we deal with here in terms of inspections that didn't work in the Sago Mine. Canisters of air are readily available all throughout American society. We just say you should
put some in the mines so people can use them.
Then let me just say the question that is raised here, currently the law allows for employer and employee involvement in safety issues. Many, many organizations and businesses have these committees. But we want those committees to remain independent.
This suggests that somehow the employer should select those employees to engage in those discussions. We think that the workers ought to be able to do that and do it independently so that, in fact, they can have a true discussion about the conditions and the safety of the mines and not be establishing unilateral committees to make those determinations.
The fact of the matter is, where people have these employer-employee safety committees, very often the efficiency of the mines improves, the productivity of the mines improves and the safety improves, and we think that that is the model that ought to be continued.
Mr. Chairman, I reserve the balance of my time.
I yield 2 minutes to the gentleman from West Virginia, Mr. Rahall.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise to reiterate my strong opposition to this legislation. I believe that it does eliminate most of the very important provisions in the underlying bill and the manager's amendment to ensure that we increase the margins of safety for miners and for their families. We should not give up that opportunity to this substitute, and I urge my colleagues to vote ``no'' on the Wilson/Kline amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Speaker, I rise in opposition to the motion to recommit.
Mr. Speaker, over this weekend we were treated to a very sad and disturbing story in the Washington Post about drug use in the mining community in Virginia and other States, about miners who have been crushed by equipment in the mines, who have been crushed in roof falls in the mine, who had been run over by other equipment in the mine, whose bodies were wracked with pain, who got addicted to painkillers, to OxyContin, to other drugs such as that, prescription drugs, and then were struggling with their addiction.
There was also the story of a miner who got up every night at midnight,
fixed himself a quick meal, and drove 135 miles round trip before he went to work so he could get his methadone treatment at the clinic and get on his job, and do that with the knowledge of his employer, struggling with his addiction, struggling to stay employed.
In this bill, we had the opportunity to address this situation. Rick Boucher, our colleague, addressed it by authorizing with almost unanimous support $10 million for treatment and to work with these miners, that the Secretary can use.
We have suggested an amendment in the manager's amendment, which you voted for, which says that the Secretary will spend 6 months to work with the industry, to work with the miners, to work with the States. Virginia has a program. Kentucky has a program. West Virginia does not. Pennsylvania apparently does not. Indiana does not. Illinois does not. The Secretary will work with them to see how they're doing it, the best way to do it, and at the end of that 6 months, after those consultations, after her study, to impose a drug program with drug testing and treatment and rehabilitation.
How is that different than what is being offered here by my colleagues on the other side? They impose drug testing, and then they impose a blacklist for those who test positive. You want to talk about baseball? You're being a hell of a lot harder on hardworking miners in this country than you are on the baseball stars because they use drugs, and they go to work every day and nobody says anything.
But a miner who's been crushed on the job, who's trying to provide for their families, tests positive, we don't know if it's a false positive. They don't make allowances for false positives. He gets on the blacklist and he may never work again.
Rick Boucher had a better idea. Our committee had a better idea. Have the Secretary work with the States and the companies and the mining industries and the miners and the unions and say how can we best do this because I'm going to do it. So what's the best way for us to do this.
So many of you from both sides of the aisle during the consideration of this bill have said to me one thing over and over again: Will you work with the companies? Will you work with the companies? Now, along comes drug testing, nobody says work with the companies. Nobody says work with the unions. Nobody says work with the community health facilities. They just say test them and list them.
What the hell kind of thing is that to do to hardworking people in one of the most dangerous industries? We've had spouses come to this committee and talk about the fear in their spouses at night when they come home from work and before they leave, the fear that these miners have of going into that workplace.
In that article, one of the miners said he takes drugs and he used to drink because he's fighting, he hates the job. Some of them love the job in that article. They said, This is my life, mining. Digging coal is what I do best, but my legs have been crushed, my arm has been crushed.
Let's give them testing. Let's give them treatment, and let's give them some understanding of the kind of industry that they're in. We benefit, we burn the coal, we run the economy, and these families live in fear.
This is a very good bill. This is a very good bill. We should not suggest for a moment that because there is no link between the tragedies of the mining accidents last year and the year before, that drugs were involved at all. We have a nutty owner in Utah, but we're not going to test him. We're not going to test that owner, who is running around giving all these false reasons to these poor victims and their families as to what happened.
So yes, you can talk about baseball. But at the end of the day, those baseball players, just as they did last season and next season, they'll be playing. And they'll get a warning, and they'll get treatment. And they'll get a second warning, and they'll get treatment. These guys get a test and a list. It's unfair. It's outrageous. And you should not support it.