S2803MAY26

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Week Ending May 26, 2006

S.2803 A bill to amend the Federal Mine Safety and Health Act of 1977 to improve the safety of mines and mining.

Facing a number of mine disasters this year the bill would amend the Mine Safety and Health Act of 1977 to require Emergency Response Plans and accident preparedness and response plans for US mines. Some elements of the bill would include providing secondary phone equipment so that they may communicate with those above, a system for above ground personnel to locate all underground personnel that would remain functional in an emergency and providing breathable air after an accident to those trapped underground.

A wireless phone communication system is required in three years as is the electronic tracking of trapped miners by the surface rescue team.

Although miners carry 2 hours of air the bill would require 2 hour caches of air to be kept in escape-ways at a distance that can be walked in 30 minutes. The bill goes further to include regular inspection of the caches of air and retirement of older units, training for miners on how to don the gear and ensure proper fit.

Post-accident life lines are to be flame-resistant directional lifelines to enable evacuation. Older existing lifelines would be replaced in three years. Local coordination with mine rescue teams, local emergency response options and communications is required to be an element of the response plan.

A written accident response plan would be written within 60 days, evacuation plans would be provided for all endangered employees and a response plan would be developed for individuals trapped underground.

Overall the bill would attempt to provide miners a level of safety protection at least consistent with existing standards, reflect the most recent credible scientific research, be technologically feasible, make use of current commercial technology and account for specific physical characteristics of the mine. Comments from miners and their representatives would be welcome.

The bill would protect a response employee from damages due to property damage or injury or death as a result of carrying out a rescue or recovery operation with the exception of gross negligence, reckless conduct or illegal conduct. The covered individual would be a rescue team member or such a volunteer carrying out activities relating to the mine accident or recovery operation.

Mine rescue teams can be composite from a number of mines or just one mine. All must train quarterly and be familiar with the ventilation systems and configurations of the mines in which they may rescue workers.

Timely notification of a death in a mine falls with the operator of the mine. Within 15 minutes of learning of a death the operator must make notification of the death or face a civil fine between $5,000 and $60,000. Any operator who willfully violates a mandatory health or safety standard or knowingly violates of fails or refuses to comply with any order issued would face considerable fines ranging to $500,000.

Permanently installed in the Institute of Mine Safety and Health would be the Office of Mine Safety to enhance the development of new mine safety technology and applications and implementation of commercial safety products. From the new Office will be grants to stimulate further development of mine safety equipment and contracts to pa for testing equipment. Available would be scholarships to fully or partially pay for the tuition costs of eligible individuals to acquire a masters degree or a Ph.D. in areas needed to augment and advance research in mine safety. Eligible individuals would have a bachelor’s degree and five years experience full-time in mining.

Sponsor: Senator Mike Enzi (D-WY)

Vote: Passed Senate by Unanimous Consent May 24, 2006.

Cost to the taxpayers: No cost data available.

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