HISTORY OF MINE SAFETY AND HEALTH LEGISLATION

Objectives Objectives This class session provides and overview of the Mine Safety and Health Administration (MSHA), along with relevant the laws and historical events. Students should: Appreciate the historical context leading to enactment of mine safety laws Recognize the importance of mine disasters in prompting legislation Know basic MSHA provisions

History of mine disasters Most of our current mine safety laws were passed in response to mine disasters 1900 Winter Quarters No. 4, Scofield, Utah. 200 coal miners died from an explosion. A powder keg may have accidentally ignited, triggering the blast Many fatalities were married, immigrant miners. Families were wiped out.

History of mine disasters 1907 Fairmont Coal Company, Monongah, West Virginia. Explosion killed 362 men and boys. The worst mine disaster in the U.S. Over 1000 widows and orphans May have been initiated by a blasting powder accident

History of mine disasters 1968 Consol No. 9, Farmington, West Virginia. 78 coal miners died in an explosion. A “gassy” mine, fires and explosions raged for days The mine was sealed to control the fire, and opened a year later to recover bodies and investigate the cause The exact cause of the explosion could not be determined

History of mine disasters 1972 Sunshine Mining Company, Kellogg Idaho. 91 men died of carbon monoxide poisoning when timbers ignited in this silver mine. 80 men escaped before the hoists stopped working Two men were rescued after 7 days underground The fire likely started by spontaneous combustion in refuse

Important laws 1891 - "An Act for the protection of the lives of miners in the Territories“ Called for the inspection of coal mines at least annually Minimum ventilation requirements were established Children under 12 were banned from working in underground coal mines. 1952 - Federal Coal Mine Safety Act Provided for annual inspections Gave enforcement power to the Bureau of Mines.

Important laws 1966 - The Metal and Non-metallic Mine Safety Act Defined health and safety standards Required reporting of accidents, injuries, and diseases. 1969 - The Federal Coal Mine Health and Safety Act Strengthened coal mine safety standards Provided "Black Lung Benefits" for miners afflicted with coal workers pneumoconiosis

Important laws 1977 - The Federal Mine Safety and Health Act Consolidated Federal mining health and safety regulations Covered both coal and non-coal mining Miners' rights were expanded The Mine Safety and Health Administration (MSHA) was established under the Department of Labor to administer the law.

Provisions of the Federal Mine Safety and Health Act (Public Law 95-164) Signed by Jimmy Carter; effective March 9, 1978. Intended to ensure, in so far as possible, safe and healthful working conditions for miners. Applies to operators of all types of mines: Coal and non-coal Surface and underground.

Provisions of the Federal Mine Safety and Health Act Mining standards are promulgated and enforced by the Mine Safety and Health Administration (MSHA) An agency within the U.S. Department of Labor, The Act separates health research and safety research NIOSH (health) The Department of Interior (mine safety research, and mine inspector training)

MSHA Basics Standards published in the Code of Federal Regulations (30CFR) Promulgate, revoke, or modify mine safety and health standards Conduct mine safety and health inspections. Issue citations and propose penalties for violations. Issue orders for miners to be withdrawn from all or part of a mine. Grant variances.

MSHA Basics Seek judicial enforcement of its orders Information about the Assistant Secretary MSHA’s MISSION MSHA’s Strategic Plan, 1999-2004

Federal Mine Safety and Health Review Commission Five members to adjudicate mine safety and health problem, Independent agency, not affiliated with the Department of Labor

Miner’s Rights May request inspection and point out violations. Representative to accompany inspector and participate in post inspection conference. May observe monitoring and examine records. Access to personal records. Must be informed of over-exposures.

Miner’s Rights (cont.) Right to regular rate of pay if removed to another job because of health reasons. Compensation during withdrawal orders. May contest MSHA inspector. Right to training with compensation. Right to Black Lung compensation.

Miner’s Rights May request inspection and point out violations. Representative to accompany inspector and participate in post inspection conference. May observe monitoring and examine records. Access to personal records. Right to Black Lung compensation. Must be informed of over-exposures. Right to regular rate of pay if removed to another job because of health reasons. Compensation during withdrawal orders. May contest MSHA inspector. Right to training with compensation.

Mine Safety Training Must be MSHA approved. At least 40 hours for new underground miners 24 hours of training for new surface miners to include the above with obvious exceptions 8 hours of annual refresher training for all miners Hazard training for all onsite visitor situations.

Mine Safety Training Mandatory training topics Miners rights Respirator and self-rescuer use Hazard recognition Escape ways Walk around training Emergency procedures Basic ventilation Basic roof control Electrical hazards First aid Health and Safety of specific assignments (Hazard training)

Other Considerations of the Law Emergency temporary standards. Variances for safety standards but not health standards. MSHA and NIOSH inspect but only MSHA enforces No advance warning of inspection allowed by MSHA. Underground mines must be inspected at least 4 times per year. Surface mines must be inspected at least 2 times per year. More frequent inspection is required in gassy mines