Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station; (2) wireless emergency tracking devices; (3) wireless communication devices; (4) restricting communications relating to a rescue operation only to individuals participating in the rescue; and (5) secondary telephone service.
Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator.
Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents; and (2) report to specified congressional committees within 30 days of completing an investigation.
Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan; and (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation.
Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations.
Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety.
Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2308 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2308
To amend the Federal Mine Safety and Health Act of 1977 to improve mine
safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2006
Mr. Specter (for himself, Mr. Byrd, Mr. Cochran, Mr. Harkin, Mr.
Inouye, Mr. Kennedy, and Mr. Santorum) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Federal Mine Safety and Health Act of 1977 to improve mine
safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mine Safety and Health Act of
2006''.
SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS.
Section 101 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 811) is amended by adding at the end the following:
``(f) Establishing Improved Mandatory Health and Safety
Standards.--Notwithstanding any other provision of this section
regarding the promulgation of mandatory health and safety standards,
and in addition to the requirements of any mandatory safety and health
standard promulgated under this Act, the following shall be mandatory
health and safety standards that apply to all coal or other mines:
``(1) Oxygen stations.--An operator shall strategically
locate, within each area of an underground coal or other mine
where miners are working, not less than 1 oxygen station that
can provide the average number of miners expected to be working
in such area with not less than a 4-day supply of oxygen.
``(2) Wireless emergency tracking devices.--An operator
shall make available to each miner a wireless emergency
tracking device that will enable rescuers to locate the miner
in the event of an accident or emergency.
``(3) Wireless communications devices.--An operator shall
require that each miner working in an underground coal or other
mine carry a wireless text messaging or other wireless
communications device that will enable rescuers or mine
operators to communicate with the miner.
``(4) Communications among rescue workers.--In the event of
a rescue operation, the operator of a coal or other mine shall
ensure that communications relating to the rescue are
transmitted only to the individuals participating in the rescue
operation.
``(5) Secondary telephone service.--For each area within an
underground coal or other mine where a miner is working, an
operator shall provide secondary telephone service, or
equivalent 2-way communication facilities, between the surface
and the underground mine at an entry separate from the location
of existing telephone service or equivalent facilities, in
order to increase the likelihood of maintaining communications
between the miner and surface or rescue personnel in the event
of an accident or emergency.''.
SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS.
(a) Accident Investigations and Internal Reviews.--Section 103 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is
amended--
(1) in subsection (a), by adding at the end the following:
``In the case of an investigation of an accident or other
occurrence relating to health or safety in a coal or other
mine, the Secretary, or the authorized representative of the
Secretary, shall conduct interviews of the miners regarding the
accident or occurrence without having a representative of the
operator present.''; and
(2) in subsection (b), by adding at the end the following:
``The Secretary shall promulgate regulations establishing rules
for conducting an investigation of any accident relating to
health or safety in a coal or other mine and for holding
hearings relating to such investigation. Not later than 30 days
after completing such investigation or a review regarding the
Administration's response to such accident, the Secretary shall
submit the report regarding the investigation or review to the
Committee on Appropriations and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Appropriations and the Committee on Education and the
Workforce of the House of Representatives.''.
(b) Quarterly Review of Certain Plans.--Section 103 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding
at the end the following:
``(l) Quarterly Review.--Notwithstanding any mandatory safety and
health standard promulgated under this Act, the Secretary or the
Secretary's authorized representative shall review the ventilation
system and methane and dust control plan and the roof control plan of
an operator at least once every 3 months.''.
(c) Progress Check.--Section 104(a) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the
third sentence the following: ``Not later than 24 hours after an
operator has received a citation under this subsection, an authorized
representative of the Secretary shall contact the operator to ensure
that the operator is taking steps to abate the violation in the
reasonable time specified in the citation.''.
SEC. 4. EMERGENCY CALL CENTER.
Section 104 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 814) is amended by adding at the end the following:
``(l) Emergency Call Center.--
``(1) In general.--The Secretary shall establish, within
the Administration, a central communications emergency call
center for all coal and other mine operations that shall be
staffed and operated 24 hours a day, 7 days a week. All calls
placed to the emergency call center shall be answered by an
individual.
``(2) Contact list.--To assist in the operation of the
emergency call center, the Secretary shall provide the
emergency call center with an emergency contact list that
contains the contact information for all coal or other mines
subject to this Act and shall update the contact list on a
quarterly basis.''.
SEC. 5. PENALTIES.
(a) Increased Penalties and User Fees.--Section 110 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting before the
period ``, except that a flagrant violation may be
assessed a civil penalty of not more than $500,000'';
(B) in the second sentence, by inserting ``, other
than a flagrant violation,'' after ``safety standard'';
and
(C) by adding at the end the following: ``In this
subsection, the term `flagrant violation' means a
reckless or repeated failure to make reasonable efforts
to eliminate a known violation of a mandatory health
and safety standard that substantially and proximately
caused, or reasonably could be expected to cause, death
or serious bodily injury.'';
(2) in subsection (b), by striking ``$5,000'' and inserting
``$55,000'';
(3) in subsection (d)--
(A) by inserting ``knowingly exposes miners to
situations likely to cause death or serious bodily
injury,'' after ``operator who'';
(B) by striking ``$25,000'' and inserting
``$250,000''; and
(C) by striking ``$50,000'' and inserting
``$500,000'';
(4) in subsection (e), by striking ``$1,000'' and inserting
``$20,000'';
(5) in subsection (f), by striking ``$10,000'' and
inserting ``$100,000'';
(6) by redesignating subsections (i) through (k) and
subsection (l) as subsections (j) through (l) and subsection
(o), respectively;
(7) by inserting after subsection (h) the following:
``(i) Failure to Inform.--Any operator who fails to inform the
Secretary of a disaster relating to a coal or other mine within the 15-
minute period following the occurrence of the disaster shall be subject
to a civil penalty of not less than $100,000. The Secretary may waive
the penalty under this subsection if the Secretary determines that the
failure to inform within the time period was caused by circumstances
outside the control of the operator.''; and
(8) by inserting after subsection (l) (as so redesignated
by paragraph (6)) the following:
``(m) Minimum Fine or Penalty.--
``(1) Serious illness or injury hazard.--A fine or civil
penalty assessed under this section for a violation of a
mandatory health or safety standard, or other provision of this
Act, that could cause serious illness or injury shall be in an
amount of not less than $10,000.
``(2) Habitual violator.--A fine or civil penalty assessed
under this section, to any operator of a coal or other mine who
habitually violates this Act, for a violation of a mandatory
health or safety standard, or other provision of this Act, that
could significantly and substantially contribute to a safety or
health hazard shall be in an amount of not less than $20,000.
``(n) User Fees.--An operator who incurs a civil penalty or fine
under this section shall, in addition to the amount of such penalty or
fine, be assessed a user fee of $100 for each such penalty or fine.
Such fees shall be collected by the Secretary to be deposited in an
Administration account and shall be used to augment the amounts
appropriated to the Administration for carrying out the following
activities:
``(1) To reimburse operators for the cost of training,
research and development, rescue teams, safe rooms, or other
supplies or equipment for miner safety.
``(2) To enable the Administration to provide technical
support, educational policy and development, and program
evaluation and information activities in accordance with this
Act.''.
(b) No Reduction of Certain Fines.--Section 105(d) of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the
first sentence by inserting ``, except that the Commission shall not
decrease a civil penalty assessed for a flagrant violation, as defined
in section 110(a), or for a habitual violation'' after ``appropriate
relief''.
SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING.
Section 115(a) of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 825(a)) is amended--
(1) by redesignating paragraph (5) as paragraph (7); and
(2) by inserting after paragraph (4) the following:
``(5) all miners shall receive initial training in the
proper usage of wireless communications devices and shall
receive refresher training courses on such usage not less often
than once each calendar year;
``(6) each rescue team for the mine shall participate in a
surprise, unannounced emergency rescue drill at an operating
mine not less often than 2 times each calendar year; and''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1429-1430)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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