WASHINGTON, D.C. -- Senator Jay Rockefeller today praised a new set of federal rules aimed at making mines safer but said more worker protections are needed.

The rule from the Mine Safety and Health Administration (MSHA) is modeled on provisions from Rockefeller’s own mine safety bill, which he plans to soon reintroduce in the U.S. Senate.

The MSHA rule released today will tighten standards when federal regulators cite a “pattern of violations” in mines that have been targeted for repeat safety violations.  The new “pattern of violation” designation allows MSHA to take more aggressive enforcement measures against those mines where safety rules seem to be routinely flouted. 

“It was clear after Upper Big Branch that some companies were violating lifesaving mine safety requirements over and over again,” said Rockefeller.  “I said then that I would work to reform and strengthen these rules so that mine operators who are repeat offenders stop shirking their responsibilities and start running mines that are fit for people to work in – and I’m keeping up that fight.”

Upper Big Branch had been cited by MSHA for 639 violations in the 15 months leading up to the explosion.  Some miners who worked for Massey Energy Company testified that the company had a culture that put production ahead of safety, deliberately violated safety provisions, and even threatened to fire miners who spoke out about unsafe conditions.  Despite repeated violations of safety standards, Upper Big Branch mine had never been placed on a “pattern of violations” status.  And, until 2011, no company had ever been placed on a “pattern of violations” status since the power was first given to MSHA in 1977.

Rockefeller added, “This rule is an important step forward for improving safety in mines across West Virginia and the country.  The Department of Labor and MSHA are moving in the right direction and I thank Secretary Solis for her leadership on this issue.  I’m glad to see that the new rules include some of the key reforms from my mine safety bill.  Too many miners have lost their lives on the job, and I am continuing to push for my comprehensive mine safety bill – for our current and future miners, and their families.  This is a preventable tragedy that no family should have to face.”    

Background:

Since the tragedy at Upper Big Branch, Rockefeller has made a strong push to crack down on mines with repeat safety offenses by offering legislation to eliminate the loopholes that have prevented MSHA from issuing “pattern of violation” statuses.  Specifically, the first rule MSHA released on this issue in 1990 limited MSHA’s authority to take action against unsafe mines, which Congress never intended. 

To address this and other mine safety issues, Rockefeller introduced the Robert C. Byrd Mine and Workplace Safety and Health Act, which would significantly reform and strengthen the “pattern of violation” process by requiring increased inspections and rehabilitation of unsafe mines.  The bill was originally introduced in 2010, and Rockefeller introduced a new version in July 2012.  And he plans to reintroduce the bill early in the new Congress.  MSHA’s new regulations incorporate many of the concepts in Rockefeller’s mine safety bill, including addressing Rockefeller’s key concerns about the “pattern of violations” process.

Specifically, the new MSHA rule eliminates the “potential pattern of violation” stage so that mines are required to immediately improve their safety practices.  Previously, mine operators had used this in-between status to delay enforcing full “pattern of violation” citations.  The new rule also prohibits unsafe mine operators from using excessive lawsuits to delay “pattern of violation” status which, in many cases, has held up the enforcement of MSHA rules.  And this new rule incentivizes mine operators to develop comprehensive safety plans so that their mines see long-term improvements in safety.

Since the tragedy at Upper Big Branch mine, Rockefeller has led renewed efforts in Congress to protect coal miners on many fronts:

Pushed the Department of Labor to keep the Upper Big Branch families informed and to increase mine safety enforcement. 

Enacted a new law requiring publicly-traded mining companies to report safety information to their shareholders.  The Wall Street reform law includes language Rockefeller introduced to hold mining companies accountable for their safety records.  Specifically, this law requires publicly-traded mining companies to include serious mine safety violations in their public filings with the U.S. Securities and Exchange Commission (SEC).  Mining companies that fail to properly disclose this information will face SEC penalties.

Introduced comprehensive mine safety legislation.  In 2010, Rockefeller introduced the Robert C. Byrd Mine and Workplace Safety and Health Act.  It was reintroduced again in January of 2011.  In July 2012, Rockefeller introduced a new bill that incorporates the same provisions, while also adding pieces to address some of the safety issues that the reports and investigations on the Upper Big Branch mine revealed.  Rockefeller plans to reintroduce the bill in early 2013 in the new Congress.  Among other things, these bills would:

• Strengthen whistleblower protections for miners that report safety concerns.
• Increase MSHA oversight and accountability.
• Give MSHA improved enforcement tools, and hold irresponsible operators accountable through an improved pattern of violations process that focuses on rehabilitating unsafe mines.
• Reduce safety risks for miners associated with coal dust and make sure that miners communicate with one another about poor conditions.

Secured additional funds for mine safety.  In August 2010, the Senate passed the Supplemental Appropriations Act and included $22 million that Rockefeller specifically requested for MSHA and the Federal Mine Safety and Health Review Commission to reduce the appeals backlog, enforce mine safety laws, investigate the Upper Big Branch Disaster, and upgrade emergency response equipment.

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