CONGRESSWOMAN CAPITO (R-W.VA.) INTRODUCES THE “MINE SAFETY ACCOUNTABILITY AND IMPROVED PROTECTION ACT”

For clients and friends of Jackson Kelly PLLC
Volume 7, Number 27
©2011 Jackson Kelly PLLC

 

        On December 16, 2011, Representative Shelley Moore Capito (R-W.Va.) introduced the Mine Safety Accountability and Improved Protection Act (H.R. 3697) in the 112th Congress.  According to Rep. Capito’s press release, the legislation “seeks to streamline the conference and appeals process, improve implementation of mine safety and health regulation, hold violators accountable by increasing penalties—both financial and criminal—for all violations of the law, all with the end goal of creating a safer working environment for our miners.”  The primary features of the legislation are as follows:

 

Additional Inspection and Investigation Authority 

• Establishes the National Mine Safety Board (“NMSB”) to investigate, report on, and make recommendations for the prevention of future mining disasters when an event involving the death of three or more miners occurs.  The NMSB will consist of five individuals appointed by the President for a term of five years.  The NMSB would be granted subpoena authority and have the authority to conduct public hearings or meetings.
• Requires miners to designate a next of kin or other representative of the miner’s choosing to act on the miner’s behalf if the miner is prevented from acting on his or her own behalf as the result of an accident in the mine.
• Requires inspections to be conducted during the various shifts and days of the week that miners are normally present in the mine.

Enhanced Enforcement Authority 

• Statutorily defines a “significant and substantial” violation as a violation that could significantly and substantially contribute to the cause and effect of a safety or health hazard if there is a substantial probability such violation could result in serious injury, illness, or death.
• Creates a POV system that is consistent with MSHA’s current POV process.  MSHA would be allowed to establish different criteria for different types of mines.  An operator would have the right to an expedited hearing to challenge being placed on the POV status. 
• Grants operators the right to an expedited resolution of plan disputes by the Commission.

Penalties 

• Doubles the monetary penalties for citations/orders issued while a mine is on POV status.
• Establishes the minimum and maximum penalties for violations of section 105(c) as $10,000/$100,000 for the first occurrence and $20,000/$200,000 for any subsequent violations during any three-year period.
• Any director, officer, or agent of the operator can be held civilly or criminally liable under section 110 of the Act if such person willfully authorizes, orders, or carries out a violation of the law or any policy or practice that contributed to the occurrence of a fatality.
• Increases penalties for giving advance notice of an inspection with a monetary fine and up to five years in prison.
• Increases penalties for knowingly making a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained to a maximum of $50,000 and up to five years in prison.
• Reinstates the conferencing process with a MSHA Conference Litigation Representative.
• Establishes pre-final order interest on contested enforcement actions, which begins to run on the date that the operator contests the citation or order.   

Worker Rights and Protection 

• Prohibits retaliation against a miner for filing or making a complaint about an alleged danger or safety or health violation, instituting or testifying in any proceeding under or related to the Act, or refusing to perform work duties if the miner has a good faith and reasonable belief that performing such duties would pose a safety or health hazard to a miner.
• Guarantees miners full compensation for the remainder of the current shift and the next eight hour shift in the event the mine is closed by an order issued under sections 103, 104, 107, 108, or 110 of the Act.

Modernizing Health and Safety Standards 

• Requires operators to implement a communication program to ensure that each miner is made aware of any hazardous conditions and the general conditions of the miner’s assigned working section or area prior to the beginning of the miner’s work shift.
• Requires the Secretary of Labor to promulgate regulations requiring operators of underground coal mines to install atmospheric monitoring systems.
• Authorizes the Secretary to require an operator of a coal mine to provide additional training for miners beyond what is otherwise required by law if certain factors exist, such as a history of inadequately training miners or if a serious or fatal accident occurs at the mine.

        This article was authored by K. Brad Oakley, Jackson Kelly PLLC.  For more information on the author, click here.

 

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

 

Responsible Attorney
Kristin R.B. White
(303) 390-0006
kwhite@jacksonkelly.com 

For more information, contact:

 

Laura E. Beverage (303) 390-0003	Karen L. Johnston (303) 390-0008
R. Henry Moore (412) 434-8801	Michael T. Cimino (304) 340-1000

 

The Jackson Kelly PLLC Occupational Safety and Health News Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety and Health News Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.

 

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