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91st CONGRESS	HOUSE OF REPRESENTATIVES	REPORT
1st Session	HOUSE OF REPRESENTATIVES	No. 91-563

FEDERAL COAL MINE HEALTH AND SAFETY ACT

OCTOBER 13, 1969. -- Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.

Mr. PERKINS, from the Committee on Education and Labor,
submitted the following

REPORT

together with

MINORITY, SUPPLEMENTAL, AND SEPARATE VIEWS

[To accompany H.R. 13950]

The Committee on Education and Labor, to whom was referred the bill (H.R. 13950) to provide for the protection of the health and safety of persons working in the coal mining industry of the United States, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

During the early hours of November 20, 1968, an explosion rocked Consolidation Coal Co.'s No. 9 mine near Farmington, W. Va. When the mine was sealed several days later, it became the tomb for 78 miners working that tragic midnight shift who could not have escape and for whom no rescue operation could succeed. Since Farmington, over 170 additional miners have lost their lives in the much less publicized-- yet equally outrageous-- accidents that continue to make coal mining the most hazardous occupation in the United States Moreover, countless thousands have suffered and died or presently suffer from the ravages of coal workers' pneumoconiosis-- the dread miners disease caused by the inhalation of excessive amounts of coal dust.
It is the purpose of the bill H.R. 13950¹ to protect the health and safety of coal miners, and to combat the steady toll of life, limb, and lung, which terrorizes so many unfortunate families.

BACKGROUND

Some recognition of the dangers inherent in coal mining came at the Federal level as long ago as 1865, when a bill to create a Federal Mining Bureau was introduced in the Congress. Little more was done, however, until a series of serious coal mine disasters after the turn of the century aroused public demand for Federal action. Consequently, the Bureau of Mines was created within the Department of the Interior on July 1, 1910, and was charged with making --

* * * diligent investigation of the methods of mining, especially in relation to the safety of miners, and the appliances pest adapted to prevent accidents, the possible improvement of conditions under which mining operations are carried on, the treatment of ores and other mineral substances, the use of explosives and electricity, the prevent of accidents, and other inquiries and technologic investigations pertinent to said industries. * * *

      A glaring but deliberate omission in the new Bureau's spectrum of responsibility was the lack of authority to conduct mine inspections. In fact, the act specifically denied "any right or authority in connection with, the inspection or supervision of mines * * * in any State" by any Bureau employee.
     This significant inadequacy was recognized by the Congress and Public Law 49, 77th Congress, was enacted in 1941. Federal inspectors were given authority to enter and inspect for health and safety hazards all anthracite, bituminous coal, and lignite mines in the United States.
     Despite this new authority to make "annual or necessary inspections and investigations," however, the Bureau lacked authority to establish standards for coal mines or to enforce compliance with the standards and recommendations of the Secretary of the Interior.
     The death of 119 miners in an explosion at West Frankfort, Ill., late in December 1951, aroused public concern again and led to the enactment of Public Law 552, 82nd Congress, in 1952.
     This act, which refined further the machinery for approaching mine safety, left much to be desired. President Truman said as much in signing the bill when he commented:

This measure is a significant step in the direction of preventing the appalling toll of death and injury to miners in underground mines.

* * * Nevertheless, the legislation falls short of the recommendations I submitted to the Congress to meet the urgent problems in this field.

     There were many deficiencies in the 1952 law and legislative attempts to correct them are made during the ensuing years. The prime objective was the elimination of the exemption enjoyed by small mines (those employing 14 or fewer persons underground).
     Continuing mine disasters inspired the establishment of a task force to investigate mine safety and make recommendations. The report of the task force was submitted in August 1963.
     Public Law 89-376 (1966) was a response to yet another mine disaster and incorporated some of the recommendations of the task force. The most significant change made by the 1966 law was the deletion of the exemption of small mines from the act.
     Even after the 1966 amendments, however, the larger number of causes of fatalities and accidents remain beyond the reach of the Federal statute. This broader, non-Federal area of coal mine safety was left by the Congress in 1952 to be embraced by State laws and the Federal Mine Safety Code. By doing so, the Congress intended to attack fatalities by major disaster. The remaining 90 percent of accident occurrences resulting in death or injury were left covered only by State law and the safety code.
     The death of 222 miners in 1967, 311 in 1968, the Farmington disaster, and the death of over 170 miners in nondisaster type accidents since Farmington now surrounds the consideration of this legislation.

COMMITTEE CONSIDERATION
     The General Subcommittee on Labor conducted 10 days of public hearings on coal mine health and safety proposals. Included in the hearing record are the views of representatives of operators of large coal mines; operators of small coal mines; the mine workers' union; individual mine workers; interested parties; and Administration personnel. The hearings are further enhanced by testimony on coal workers' pneumoconiosis presented by several medical researchers, all of whom are internationally recognized experts in their field. In addition to the presentations of public witnesses, statements and supplementary materials were submitted to the subcommittee and inserted in the record.
     Two investigatory trips were made by the subcommittee to observe coal mining operations and the atmosphere in mines; and to learn what the British Government -- the leading nation in pneumoconiosis research-- had concluded from its studies of the relationship between pneumoconiosis and exposure to excessive coal dust and its recommendations on controlling dust, protecting miners from dust exposure, and the treatment of miners who have contracted the disease.
     On February 27, the subcommittee toured two coal mines-- a deep shaft mine and a smaller drift mine-- in western Pennsylvania. The tours consisted of surface and underground observations of mining operations and discussions with company officials and workers. Members indicated the tours resulted in their better understanding of the unique conditions that make coal mine health and safety requirements different from those of any other industry.
     The subcommittee devoted 4 days-- May 12 through 15-- in Great Britain engaged in consultations with officials of the National Coal Board and medical research staffs. The members attended several seminars at the National Coal Board where they were apprised of the medical problems involved in pneumoconiosis research and treatment; details of the Board's studies; medical and scientific control, including dust standards and evaluations; and engineering problems of dust control methods. During field trips to several pneumoconiosis research laboratories, further information was elicited relative to dust control procedures, medical evaluations, and procedures for medical and engineering control. A visit was also made to an English colliery.
     In addition, the full committee held 1 day hearings on September 9, to obtain further testimony on issues which had arisen subsequent to subcommittee action.
     The subcommittee held 8 days of open and executive sessions to consider a subcommittee print which was a composite of the major proposals, with amendments based on recommendations from the hearings and investigatory trips.
     On August 6, the subcommittee voted to amend H.R. 1047-- a coal mine health and safety bill introduced by the subcommittee print, and to report the bill to the full committee.
     The committee met 3 days in open session and on September 18, by a 29-to3- vote, ordered H.R. 1047, as amended, reported to the House as a clean bill. On September 24, the committee met, pro forma, and voted 39 to 4 to report the clean Bill, H.R. 13950, to the House.

NEED FOR THE LEGISLATION

In September 1968, President Johnson proposed a strong new Federal Coal Mine Health and Safety Act. In March, President Nixon submitted a proposal which was similar to that of his predecessor. In doing so, President Nixon said:

     The workers in the coal mining industry and their families have too long endured the constant threat and often sudden reality of disaster, disease, and death. This great industry has strengthened our Nation with raw material of power. But it has also frequently saddened our Nation with news of crippled men, grieving widows, and fatherless children.
     Death in the mines can be as sudden as an explosion or a collapse of a roof and ribs, or it comes insidiously from pneumoconiosis or black lung disease. When a miner leaves his home for work, he and his family must live with the unspoken but always present fear that before the working day is over, he may be crushed or burned to death or suffocated. This acceptance of the possibility of death in the mines has become almost as much a part of the job as the tools and the tunnels.
     The time has come to replace this fatalism with hope by substituting action for words. Catastrophes in the coal mines are not inevitable. They can be prevented, and they must be prevented.

* * * * * * * * * *

Secretary of the Interior Walter J. Hickel testified in support of the administration proposal before the General Subcommittee on Labor on March 4. At that time, the Secretary said:

     The need for this legislation is unmistakable-- there has been no improvement in the overall fatality rate since 1947. On the other hand, since passage of the Federal Coal Mine Safety Act with its anti-disaster provisions in 1952, the fatality rate from major disasters has been cut by about 50 percent. This should provide some idea of the potential inherent in enforceable laws.
     Clearly, if we are to have any impact on the day-to-day accidents that cause most of our coal mine injuries and deaths, we need a law that gives broader enforcement powers to the inspector and thereby provides stronger incentives for management and labor to think safety at all times. We must reduce injuries and eliminate the accidents that kill miners by the ones, twos, or threes as well as prevent major disasters.
     To us, it seems that the cold, statistical, day-to-day record of death and disease among our coal miners is reason enough for positive and immediate action, and in the proposal I have just outlined our convictions have been clearly voiced.
     There is more at stake here than the lives and health of 144,000 coal miners, though they surely merit our most strenuous efforts on their behalf. The problems that we are wrestling with have an impact that extends beyond any coal mine. If we fail, those problems can weaken the physical and moral fiber of our whole society.
     Coal is our most abundant fuel resource. Right now, it supplies nearly a fourth of our total energy demand and every forecast, whether by Government or the private sector, indicates that coal must continue to play a significant role if this country's future energy requirements are to be satisfied.
     At the same time, it is clear that our society can no longer tolerate the exorbitant cost in human life and human misery that is exacted in the mining of this essential fuel. Unless we find ways to eliminate that intolerable cost, we must inevitably limit our access to a resource that has an almost inexhaustible potential for industrial, economic, and social good.
     The adequacy of a major industry's work force is at stake here. If we cannot today assure coal miners a safe and healthful working environment and educate them to the practices that will keep it safe and healthful, our mines tomorrow will be unable to attract the workers they need, and the industry will sicken for want of qualified manpower.
     Already, as you know, real difficulties are being encountered in recruiting young men as coal miners. Let this trend continue and our future energy supplies, along with all the benefits that are implicit in them, will be jeopardized.
     As a people we have always placed human values at the summit of our esteem. We pride ourselves on our resourcefulness and our efficiency. Yes, the way that we mine coal today is not humanitarian, resourceful, or efficient. It is inexcusably wasteful of our most precious asset-- the human being.

* * * * * * * * * * *

Following Secretary Hickel, John F. O'Leary, Director of the Bureau of Mines, testified. In discussing the fatality rate in coal mines, he said:

Whereas that rate did drop following the enactment of the 1941 law-- from an average of 1.5 per million man-hours between 1932 and 1941, to an average of 1.2 per million man-hours between 1942 and 1951-- the downward trend in the rate stopped in 1947 and there has been virtually no detectable improvement since then.

When discussing the Code, which is not enforceable by the Bureau, Director O'Leary said:

In this context it is significant to note that while we are able to achieve virtually 100-percent compliance with the mandatory provisions of the Federal Coal Mine Safety Act, compliance during the inspections with the nonenforceable code provisions leaves much to be desired. Although such compliance ranges as high as 90 percent in some of the captive mines of the steel companies, the average is about 65 percent for large coal mines. At the small coal-producing operations, compliance with code provisions was as 33 percent in one State, put was as low as 7 percent in another.
For these reasons we are convinced that conditions in our coal mines cannot be significantly improved without new and stronger health and safety legislation. The Bureau needs broader authority, and it needs it now in order to bring coal mine injury and fatality rates into line with those of other major industries, and to assure that our coal miners do not escape accidental injuries only to fall victim to an insidious occupational disease. * * *

* * * * * * * * * * *

The committee fully subscribes to the foregoing positions, as evidenced by the product of its intensive and extensive deliberations-- H.R. 13950.
For too long the Congress has countenanced the passage of piecemeal measures which have failed to provide the Bureau with the enforcement power it needs. Too many injuries and too many lives have filled the gap left by inadequate laws. A strong law is necessary to protect the men who extract one of our Nation's most vital resources. Coal miners deserve the safest, healthiest work environment our technology will enable us to provide.

SUMMARY OF MAJOR PROVISIONS

TITLE I-GENERAL

Establishment of Mandatory Health and Safety Standards

     Section 101 establishes the procedures for the promulgation of mandatory health and safety standards by the Secretary of the Interior (hereinafter referred to as the "Secretary"). The Secretary promulgates all mandatory standards, 0ut is responsible for developing and revising only mandatory safety standards. The Secretary of Health, Education, and Welfare is responsible for developing and revising mandatory health standards. All proposed standards are required to be published in the Federal Register and are subject to review by the Federal Coal Mine Health and Safety Board of Review (established in section 106) prior to promulgation by the Secretary. No standard promulgated by the Secretary shall reduce the protection afforded miners below that afforded by the interim mandatory health and safety standards contained in title II and title III. These interim standards apply to underground coal mines. Standards for surface coal miles shall be proposed by the Secretary not later than 12 months after the date of enactment of this act.
     The committee was persuaded by the history of coal mine safety enforcement and the facts presented to it to vest authority for the promulgation of mandatory standards in the executive branch. Any law establishing health and safety requirements for an industry as complex and as subject to constant technological change as coal mining, certainly demands flexibility. Too often, standards are enacted only to become almost immediately inadequate in the face of changing conditions.
     The committee has, however, provided detailed interim health and safety requirements which are delineated in titles II and III. It has also stated clearly the health and safety goals to be achieved.
     The committee gave careful consideration to a variety of proposals as to the appropriate agency to administer provisions of the act. It gave most careful consideration to placing the responsibility for developing, revising, and promulgating both mandatory health and safety standards within the Department of the Interior, but decided the Department of Health, Education, and welfare should develop and revise all health standards. It is felt that this agency is the best equipped with the necessary scientific and medical technicians and professionals to assure healthy working standards for miners. Although the Secretary of the Interior is responsible for promulgating all mandatory standards, in the case of mandatory health standards he acts only to give official status to those which are developed or revised by the Secretary of Health, Education, and Welfare.
     In the case of all proposed standards, however, interested persons have the right of filing objections and requesting a public hearing on such objections.

Inspections and Investigations

     Section 103 authorizes and requires representatives of the Secretary to make frequent inspections and investigations in coal mines each year for information gathering and enforcement purposes. Each underground mine shall be inspected at least four times a year. The Secretary of Health, Education, and Welfare is also authorized entry to coal mines to enable him to carry out his functions and responsibilities under the act.
     Section 103 also empowers the Secretary or his authorized representative with authority, in the event of an accident, to take whatever action he deems appropriate to protect the life of any person and to be consulted regarding any plan to recover any person in the mine.
     This section further provides opportunity for a miner to request the Secretary to conduct a special investigation to determine if an imminent danger or violation of a standard exists in a mine, and for the representative of miners at a mine to accompany an authorized representative of the Secretary-- at no loss in pay-- on any inspection of the mine.
     No advance notice of an inspection shall be given to the operator or the representative of miners at a mine.
     When affording the representative of miners at a mine the opportunity to accompany him on an inspection is to be made in the case of a mine which has accompany him on an inspection of the mine, the authorized representative of the Secretary shall first notify a member of the mine's safety committee working such a committee.

Findings, Notices, and Orders

     Section 104 establishes improved procedural mechanisms for finding dangerous conditions or violations of standards in a mine, and for the issuance of notices and orders with respect to them.
     Subsection (a) deals with the finding of a condition of imminent danger by an authorized representative of the Secretary during an inspection. When this occurs, the representative will determine the area where the danger exists and immediately issue an order requiring the mine operator to withdraw all persons, except those necessary to take corrective action, from the affected area until the danger is abated.
     Subsection (b) deals with the finding of a violation of a mandatory health or safety standard during an inspection. When this occurs, the representative will immediately issue a notice fixing a reasonable time for the abatement of the violation. If the violation is not abated at the end of that period, and if the representative finds that the period should not be extended, he shall issue an order requiring the operator to withdraw all persons, except those necessary to take corrective action, from the area affected by the violation until the violation has been abated.
     Subsection (c) deals with the unwarrantable failure of an operator to comply with a mandatory health or safety standard. When a representative finds a violation of a standard and further finds that the violation is caused by an unwarrantable failure on the part of the operator in complying with the particular standard, he includes such additional finding in the notice issued under subsection (b). Within 90 days of the time the notice is issued, the mine is reinspected to determine if the violation continues to exist. If it does, and the operator has again unwarrantably failed to comply with the standard, the withdrawal procedures described in subsection (b) will be followed. If such withdrawal order has been once issued, it will continue to be issued upon the finding of similar violations during subsequent inspections. Once an inspection is made which disclosed no such similar violation, the continuous closure provisions of subsection (c) no longer apply and the initial procedures are again applicable.
     Subsection (h) deals with the finding, upon inspection, of conditions in a mine which have not yet resulted in imminent danger but which cannot be effectively abated through the use of existing technology and which may result in imminent danger. When this occurs, the representative will determine the area in which the conditions exist, and issue a notice to the operator with copies to the Secretary and the miners. The Secretary shall thereupon cause such further investigation to be made as he deems appropriate and provide an opportunity for a hearing. The Secretary will then make findings of fact and require that either the notice issued be canceled, or an order be issued causing all persons, except those necessary to take corrective action, to be withdrawn from and prohibited from entering the affected area until he determines-- after a hearing-- that the conditions responsible for the order have been abated.
     Subsection (i) deals wit, the finding of a violation of a health, standard by atmospheric samples taken as required by section 202(a). When such sample discloses a violation, the Secretary or his authorized representative shall find a reasonable time within which to take corrective action and shall immediately issue a notice fixing a reasonable time for the abatement of the violation. If at the expiration of the period of time as originally fixed or subsequently extended the violation has not been abated, and if it is found that the period of time for compliance should not be further extended, a withdrawal order shall be issued and continue in effect until the violation has been abated. If it is found that the period of time for compliance should be further extended, another notice of violation must be issued.

Review by the Secretary

An operator or miner affected by an order issued under section 104 may apply to the Secretary for review of the order within 30 days of its receipt. The Secretary will then make whatever investigation he deems appropriate as well as provide an opportunity for a hearing. He will make findings of fact and issue a written decision vacating, affirming, modifying, or terminating the order complained of. Pending completion of his investigation, the Secretary may, upon application and after a hearing, grant temporary relief from an order.

Federal Coal Mine Health and Safety Board of Review

     Section 106 establishes the Board. Current members of the existing Federal Coal Mine Safety Board of Review would be members of the new Board until the expiration of their terms. New and additional members will be appointed by the President, by and with the advice and consent of the Senate.
     For the purpose of reviewing orders and penalties, the Board is composed of five regular members. One member shall be representative of the viewpoint of the operators of small mines; one of the operators of large mines; one of the workers in small mines; and one of the workers in large mines. The Chairman shall be drawn from the public generally and shall not have had an interest in or association with the coal industry for 5 years prior to his appointment.
     For the purpose of carrying out the review of proposed mandatory health and safety standards, and for carrying out the provisions of sections 401 (Research) and 412 (Special Report), the Board is composed of eight members. In addition to the five regular members, there will be one member with a public health background, and two others who have a background in coal-mining technology. The additional members shall not have had any interest in or association with the coal-mining industry for 1 year prior to their appointment.

Review by the Board

An operator may apply directly to the Board for review of an order issued under section 104 or an operator may appeal an order issued under section 104 to the Secretary and then ask the Board to review the decision made by the Secretary pursuant to section 105. Such application must be made within 30 days of receipt of the order or decision. If an appeal to the Board is made from the Secretary's review, the evidence is considered to establish a prima facie case against the operator although either side may produce additional evidence. When a appeal is made directly from an order issued under section 104, the Board is not bound by any previous findings of fact and the burden of proof is on the Secretary. After a hearing, the Board shall make findings of fact and issue a written decision affirming, vacating, modifying, or terminating the order or decision complained of. Pending completion of the hearing, the Board may, upon application, grant temporary relief from an order or decision.
The Board's functions are:

     (1) Review of violations of mandatory health and safety standards.
     (2) Review of penalties.
     (3) Review of proposed mandatory health and safety standards.
     (4) Establish research objectives.
     (5) Conduct special study into possible Federal-State cooperative arrangement.

     Only in the case of (1) and (2) does the Board have any authority. In the case of (3), (4), and (5), the Board's capacity is purely advisory and procedural.
     In giving consideration to continuing the Board as an overall instrument in assuring effective but fair enforcement of health and safety standards, the committee studied actions of the present board. Although the existing Federal Coal Mine Safety Board Of Review has no authority to review penalties (no penalty provisions exist in the present law, it odes have authority to review violations on appeal.
     Since 1952, when the existing Board was created, until the present, there have been 22 litigated cases. The Board fully upheld the Bureau of Mines in 10, upheld it in part in one, reversed it in five, and six cases were settled upon agreement of the parties after a hearing. Of the cases fully litigated and decided the Bureau was upheld in whole or in part in 69 percent, and reversed in 31 percent of the cases. Five of these cases were appealed to the U.S. courts of appeals (three by operators and two by the Bureau), and the Board's decisions were affirmed in four cases, and in one case the appeal by the Bureau was dismissed as untimely filed. All decisions of the Board were unanimous, except in Princess Elkhorn (1955), in which a worker representative dissented, and in St. Marys Sewer Pipe (1958), in which an operator representative dissented: both majority decisions were affirmed unanimously by the courts of appeals.
     In addition to these, there were a number of other cases involving disputes which were filed formally or informally, and which were resolved without a hearing. There were also a large number of State plan cases which were decided upon stipulation and without dispute of the parties.
     The concept of the Board was proposed in bills recommended to the Congress by the previous and present administrations. The Board chartered in this bill has more responsibilities and functions than the existing Board. The "regular" Board is substantially identical to the existing Board, but additional technicians are added as members when the Board meets to review proposed mandatory health and safety standards, establish research objectives, and conduct the Federal-State cooperative plan study.
     In highly technical fields, such as coal mine safety, metal mine safety, and transportation safety, the legislatures have sought to delegate the initial review of administrative orders to quasi-judicial boards, rather than to the courts. Unlike the courts, these boards are equipped with the special competence to resolve technical conflicts, and can act with the speed and uncomplicated procedures particularly adapted to the problems involved.

Judicial Review

Any decision issued by the Board upon review of an order or decision by the Secretary shall be subject to judicial review by the U.S. court of appeals for the circuit in which the affected coal mine is located. The court shall hear the appeal on the record made before the Board. The findings of the Board, if supported by substantial evidence on the record considered as a whole, shall be conclusive and the court may affirm, vacate, or modify any decision or may remand the proceedings to the Board for further action as it directs. The court may also grant such temporary relief as may be appropriate pending final determination of the appeal. The judgment of the court shall be subject only to review by the Supreme Court of the United States.

Injunctions

The Secretary may request the Attorney General to institute a civil action for relief against an operator who impedes the execution of the act or refuses to comply with its provisions and requirements.

Penalties

The operator of a mine found in violation of a mandatory health or safety standard or who violates any provision of the act shall be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. Whoever knowingly violates or fails or refuses to comply with an imminent danger withdrawal order or with any final decision on any other order shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 months, or by both. The penalty for a repeat conviction is a fine of not more than $20,000 and/or imprisonment for not more than 1 year. These same provisions apply to directors, officers, or agents of corporate operators who authorize, order, or carry out the violation. In addition, whoever knowingly makes any false statements or representations relative to this act shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 6 months, or by both. Any penalty assessed under this section is, upon request, subject to review by the Board. The Secretary may initiate the collection of any penalty by civil action in the appropriate district court of the United States. The committee expended considerable time in discussing the role of an agent of a corporate operator and the extent to which he should be penalized and punished for his violations of the act. At one point, it was agreed to hold the corporate operator responsible for any fine levied against an agent. It was ultimately decided to let the agent stand on his own and be personally responsible for any penalties or punishment meted out to him. The committee recognizes, however, the awkward situation of the agent with respect to the act and his supervisor, the corporate operator, and his position somewhere between the two. The committee chose to qualify the agent as one who could be penalized and punished for violations, because it did not want to break the chain of responsibility for such violations after penetrating the corporate shield. The committee does not, however, intend that the agent should bear the brunt of corporate violations. It is presumed that the agent is often acting with some higher authority when he chooses to violate a mandatory health or safety standard or any other provision of the act, or worse, when he knowingly violates or fails or refuses to comply with an imminent danger withdrawal order or any final decision on any other order.

Entitlement of Miners

     Section 112(a) provides for limited pay guarantees to miners idled by a closure order issued under section 104. All miners working during the shift when the order is issued who are idled by the order are entitled to full compensation by the operator at their regular rates of pay for the balance of their shift. If the order is not terminated prior to the next working shift, all miners idled by the order on that shift are entitled to such compensation for 4 hours of the shift. Whenever an operator violates or fails or refuses to comply with a withdrawal order issued under section 104, all miners who would be idled by the order are entitled to such compensation, in addition to pay received for work performed after the order is issued, for the period beginning when the order is issued and ending when it is complied with, vacated, or terminated.
     Subsection (b) provides payments to miners totally disabled from complicated pneumoconiosis and to the widows of miners who suffered from complicated pneumoconiosis at the time of death. The disease must have arisen out of or in the course of the individual's employment in a coal mine. If he was so employed for 10 years or more, there is a rebuttable presumption that the disease so arose; if he was not, the individual must demonstrate that his disease so arose.
     Payments are based upon the minimum monthly payment to which a Federal employee in grade GS-2, who is totally disabled, is entitled at the time of payment under provisions of Federal law relating to Federal employees (sec. 8112, title 5, United States Code). In the case of total disability, the disabled individual is entitled to payment at a rate equal to 50 percent of such minimum monthly amount. The widow of a miner entitled to payment would be eligible to receive the same amount. This represents approximately $136 per month. The payment would be increased to allow for up to three dependents. The payment would be increased to allow for up to three dependents. The first dependent would increase the basic payment by 50 percent; the second dependent by 75 percent; and the third dependent by 100 percent. The maximum monthly payment, therefore, to which an eligible individual is entitled under this subsection is equal to the minimum monthly payment such Federal employee is entitled to.
     Payments made under this subsection shall be reduced by any amount the individual receives under the workmen's compensation, unemployment compensation, or disability insurance laws of his State, and the amount by which the payment would be reduced on account of excess earnings under section 203(b) through (1) of the Social Security Act if the amount paid were a benefit payable under section 202 of that act.
     The Secretary of Labor shall enter into agreements with the Governors of the States under which the State will receive and adjudicate claims under this subsection from its residents and under which the payments will be made. Each Governor will implement the agreement in any manner he determine will best effectuate the provisions of this subsection. If the Secretary of Labor is unable to enter into an agreement with a Governor or if a Governor requests him to do so the Secretary may make payments directly. When the Secretary of Labor has an agreement with a State he will make a grant to the State for the purpose of making the individual payments.
     Payments under this subsection are for retroactive cases only, and not for prospective cases. No claim will be considered unless it is filed (1) within 1 year after the date an employed miner received the results of his first chest roentgenogram as provided under section 203, or, if he did not receive such a chest roentgenogram, the date he was first afforded an opportunity to do so under that section, or (2) in the case of any other claimant, within 3 years from the date of enactment of this act, or, in the case of a claimant who is a widow, within 1 year after the death of her husband or within 3 years from the date of enactment of this act, whichever is the later.
     No payments shall be made under this subsection to the residents of any State which, after the date of enactment of this act, reduces the benefits payable to persons eligible to receive payments under this subsection, under its State laws which are applicable to its general work force with regard to workmens compensation, unemployment compensation, or disability insurance.
     This program of payments-- maintained in the bill by a committee vote of 25 to 9-- is not a workmen's compensation plan. It is not intended to be so and it contains none of the characteristic features which mark any workmen's compensation plan. Moreover, it is clearly not intended to establish a Federal prerogative or precedent in the area of payments for the death, injury or illness of workers.
     These provisions of the bill are a limited response in the form of emergency assistance to the miners who suffer from, and the widows of those who have died with, complicated pneumoconiosis.
     Complicated pneumoconiosis is a serious disease of the lungs caused by the excessive inhalation of coal dust. The patient incurs progressive massive fibrosis as a complex reaction to dust and other factors, which may include tuberculosis and other infections. The disease in this form usually produces marked pulmonary impairment and considerable respiratory disability.
     Such respiratory disability severely limits the physical capabilities of the individual, can induce death by cardiac failure, and may contribute to other cause of death. Once the disease is contracted, it is progressive and irreversible.
     One of the compelling reasons the committee found it necessary to include this program in the bill was the failure of the States to assume compensation responsibilities for the miners covered by this program. State laws are generally remiss in providing compensation for individuals who suffer from an occupational disease as it is, and only one State-- Pennsylvania-- provides retroactive benefits to individuals disabled by pneumoconiosis.
     Also, it is understandable that States which are not coal-producing have no wish to assume responsibility for residents who may have contracted the ailment mining coal in another State. The substantial reduction in the number of miners actually employed in mines following World War II caused a dispersal of men throughout the country-- many into States which have few, if any, mines. These men took with them an irreversible disease, but because of their present location are denied benefits.
     The committee also recognized the problems inherent in requiring employers to assume the cost of compensating individuals for occupational diseases contracted in years past.
     The resolution of this dilemma, consistent with the desperate financial need of individuals eligible to receive payments under this bill, was the inevitable inclusion of section 112(b), and the requirement that the payments be made from general revenues.
     It is hoped that the health standards prescribed in title II will eliminate conditions in mines which cause the disease. Also, it is expected that the States will assume responsibility in their respective compensation plans for miners who contract the disease in the future.

Reports

All accidents are required to be investigated by the operator, and records of such accidents and investigations required to be kept by the operator. The operator is also required to establish and maintain such records and make such reports as the Secretary may reasonably require.

TITLE II-INTERIM MANDATORY HEALTH STANDARDS

Coverage

The interim health standards contained in title II of the bill are mandatory and applicable to all underground coal mines until superseded by standards promulgated by the Secretary pursuant to section 101.

Dust Standard and Respirators

     Section 202(a) requires each operator to take accurate samples of the amount of respirable dust in the mine atmosphere to which the miners in the active workings of the mine are exposed. The samples are transmitted to the Secretary and analyzed and recorded by him.
     Subsection (b) establishes the dust standard. Effective on the operative date of this title, each operator shall maintain the average concentration of respirable dust in the mine atmosphere to which each miner in the active workings of the mine is exposed at or below 4.5 milligrams per cubic meter of air. Effective 6 months after the operative date of this title the limit on the level of dust concentration is 3.0 milligrams of respirable dust per cubic meter of air. Beyond that, the Secretary of Health, Education, and Welfare shall reduce the limit as he determines such reduction become technologically attainable.
     An extension of time within which to comply with the prescribed limits is available to an operator who demonstrates to the satisfaction of the Secretary that he is undertaking maximum efforts to reduce the level of dust concentration but is unable to do so because it is not technologically feasible for him to do so. In such cases, the Secretary may grant an extension of no more than 90 days with regard to the 4.5 milligram limit, and no more than 6 months with regard to the 3.0 milligram limit.
     Respirators or other approved breathing devices must be made available to all persons exposed to dust concentrations in excess of the applicable limit.
     When reference in this report is made to dust readings which yield results in terms of milligrams per cubic meter of air (mg/m³) such determinations are measured with an MRE instrument. As used in this title, the term "MRE instrument" means the gravimetric dust sampler with four channel horizontal elutriator development by the Mining Research Establishment of the National Coal Board, London, England. When using the MRE instrument to measure the dust, such measurement would be taken over several production, as distinguished from clean-up, shifts in order to assure a valid statistical sample. Measurements may also, however, be made with any other instrument approved by the Secretary and the Secretary of Health, Education, and Welfare.
     The personal atomic sampler is one such device, and existing and future technology will undoubtedly produce more. In these eventualities, determinations of the dust level in a mine will be in terms of another yield. It is intended - and the bill states - that a yield other than one in terms of mg/m³ be mathematically equivalent to the latter, and interpreted as such, for the purpose of enforcing the dust standard.
     The bill expressly prohibits the use of personal respirators as a substitute for environmental control of the active workings of a mine. Respirators to date have been of such a nature as to be extremely uncomfortable to the workers and impracticable for the type of operations he must generally perform. It is for this reason, as well as the knowledge that some States have placed restrictions on the use of such respirators, that the committee chose to preclude their use. The bill permits the use of personal respirators, however, in specified instances.

Justification for Dust Standards

On March 26, Charles C. Johnson, Jr., Administrator, Consumer protection and Environmental Health Service, Public Health Service, U.S. Department of Health, Education, and Welfare, testified before the subcommittee and presented the following remarks of the Surgeon General:

     * * * Pneumoconiosis is a pathological condition of the lung induced by the inhalation of small particles.
     There are many types of pneumoconiosis caused by specific kinds of dusty materials, as, for example, silica and cotton fibers. Coal miners' pneumoconiosis is a chronic chest disease, caused by the accumulation of fine coal dust particles in the human lung. In its advanced forms, it leads to severe disability and premature death.
     Coal miners' pneumoconiosis was recognized, in Great Britain as early as 1943, as a disease entity separate from silicosis. It was not generally recognized as such in the United States until the 1950's. Prevalence studies by the Pennsylvania Department of Health (1959-61) and by the Public Health Service (1963-65) confirmed the existence of the disease entity, documented its prevalence among coal miners, and showed that it is a widespread problem.
     Coal miners' pneumoconiosis is a distinct clinical entity, resulting from inhalation of coal dust. Physicians diagnose it on the basis of X-ray evidence of nodules in the lungs of a patent with a history of long exposure to coal dust. However, it should be pointed out that data from postmortem examinations's indicate a higher prevalence of the disease than can be diagnosed from X-ray examinations.
     Physicians classify coal miners' pneumoconiosis as simple or complicated, depending on the degree of evidence in the X-ray picture. In the simple form, pinpoint, micronodular or nodular lesions distributed throughout the lungs show up in the X-ray picture.
     The physician decides the radiological category of simple pneumoconiosis on the basis of the extent of the opacities. There are no specific symptoms, and pulmonary function tests seldom enable the physician to say whether or not the patient has the disease. It is generally accepted by physicians that simple pneumoconiosis seldom produced significant ventilatory impairment, but, the pinpoint type may reduce the diffusing capacity, the ability to transfer oxygen into the blood.
     Complicated pneumoconiosis is a more serious disease. The patient incurs progressive massive fibrosis as a complex reaction to dust and other factors which may include tuberculosis and other infections. The disease in this form usually produced marked pulmonary impairment and considerable respiratory disability.
     Such respiratory disability severely limits the physical capabilities of the individual, can induce death by cardiac failure, and may contribute to other causes of death.
     Medical researchers in both Britain and the United States have repeatedly shown that coal miners suffer from more respiratory impairment and respiratory disability than does the general population. These respiratory problems are frequently accentuated by chronic bronchitis and emphysema, the causative factors of which remain to be clarified.
     There is no specific therapy for pneumoconiosis in either its simple or complicated form. Adequate environmental dust controls, use of respirators, or removing the miners from the dusty environment as soon as they show minimal effects appear to be, under present technology, the only helpful preventive procedures
     For over 30 years, the Public Health Service has undertaken cooperative studies with the Bureau of Mines on coal miners health problems. No until 1963, however, did the Department first receive funds for the specific support of operations in this area. Our first major project was a prevalence study of pneumoconiosis in soft coal miners in Appalachia and other coal mining areas.
     This study established pneumoconiosis among soft coal workers in the United States as an occupational respiratory disease of serious and previously unrecognized magnitude. Our research showed that 1 in 10 men in the mines and 1 in 5 of the former miners in Appalachia showed X-ray evidence of this chronic respiratory disease. Data from postmortem examinations would indicate an even higher prevalence of this disease.
     For work periods less than 15 years underground, the occurrence of pneumoconiosis among miners appeared to be spotty and showed no particular trend. For work periods greater than 15 years underground, there was a linear increase in the prevalence of the disease with years spent underground.

* * * * *
     The United States is the only major coal-producing nation in the world which does not have an official Government standard for coal mine dust. Since Great Britain began requiring dust control efforts in the coal mines-- which resulted in reduced concentration levels-- there has been a substantial reduction there in the prevalence of coal miner's pneumoconiosis.
     Thus, the incidence of new cases in miners has decreased from 8.1 new cases per 1,000 miners in 1955 to 1.9 new cases per 1,000 miners in 1967; the age specific prevalence of simple coal miners' pneumoconiosis has also decreased as has the overall prevalence, from 12.5 percent in 1959-62 as compared with 10.9 in 1964-67.
     An official respirable dust standard for coal mines could, in our opinion, if properly enforced, make a significant reduction in new cases of pneumoconiosis and decrease the rate of progression of old cases. Last year, we concluded that sufficient data were available to recommend the adoption of an interim coal dust exposure standard for miners, pending further refinement of technical knowledge. After careful analysis of the British and Pennsylvania experiences, and after consultation with many authorities, we concluded that:
     An interim standard should represent no more than a reasonable degree of risk to our miners, given our present technology, and be one that would significantly reduce the rate at which new cases of pneumoconiosis would develop in the future and old cases would progress.
     On the basis of those conclusions, last December, the Secretary of Health, Education, and Welfare recommended to the Department of the Interior a Federal standard which could be used to lower respirable dust levels in coal mines. This standard called for a respirable dust level not to exceed 3.0 milligrams per cubic meter, as measured by the Mining Research Establishment horizontal elutriator instrument.
     We recommended this standard in the conviction that it could, if adopted and properly enforced throughout the coal-mining industry, make a significant reduction in coal miners' pneumoconiosis. This standard, if adopted and enforced, would place the United States along with other major coal-producing nations which have set health standards for dust exposures in the coal-mining industry.

* * * * *

     Approximately 100,000 active and retired coal miners are presently afflicted with pneumoconiosis, and about half that number are disabled from the ailment. It is apparent from all sources of information that the prevalence of pneumoconiosis among coal miners in the United States can certainly be reduced through effective dust control and other measures. Other nations have so concluded.
     When the subcommittee visited Great Britain, it did so in the expectation that it would observe the procedure and application of what had been hailed as the most effective dust control program of any nation. This was partially true, but the subcommittee took greater confidence in the information it derived from that visit with respect to the medical aspects of the problem. The subcommittee was also impressed with the significant reductions in the prevalence of pneumoconiosis since the inception of the control measures in Great Britain.
     It was surprising to learn, however, that the British have achieved this relative success without the benefit of a mandatory program and without the benefit of established dust standards which reflect even their own notion of with the level should be from the standpoint of miners' health.
     The British program does not, for instance, entail the withdrawal of men from a mine when the standard is exceeded. In actual practice, only about 80 percent of all British active working faces conform to the standard at any given time.
     Also, the British have recently issued new standards which suggest an average exposure of 5.7 mg/m³ (if measured with an MRE instrument) to the face worker. This amount of exposure, incidentally, has little relevance to the health data the British themselves have accumulated.
     The committee applauds the limited progress the British have made with their approach. It is felt, however, that nothing short of the total prevention of pneumoconiosis is an acceptable objective for coal mine legislation.
     On the other hand, the British utilize several techniques for controlling dust in the mine atmosphere, all of which are applicable to U.S. mines. Among them are water infusion, machine design, dust collection, cutting speed, and ventilation techniques.
     The British have amassed an enormous amount of impressive medical data relative to the problem which also is applicable to conditions in the United States. The British have concluded, from statistical analysis, that the probability of a miner contracting pneumoconiosis (ILO category 1 or greater) after 35 years of exposure to a mean total respirable dust concentration of 3.0 mg/m³, is about 5 percent. The probability of a miner contracting pneumoconiosis (ILO category 2 or greater) after the same period of exposure in the same mine environment is about 2 percent. In a dust environment below about 2.2 mg/m³, there is virtually no probability of a miner contracting pneumoconiosis (ILO category 2 or greater), even after 35 years of exposure to such concentration. It is significant that simple pneumoconiosis below ILO category 2 is not disabling.
     The committee bill establishes - dust limit of 3.0 mg/m³ 1 year after enactment of this act, but provides a procedure whereby the Secretary of Health, Education, and Welfare shall thereafter reduce such limit as reductions become technologically feasible. The ideal mine environment is a dust-free one. The committee realizes that, given the state of existing technology, this is an unreachable goal. The committee expects the Secretary of Health, Education, and Welfare, however, to prescribe the limit of at least 2.2 mg/m³ as soon as he deems it attainable, and to prescribe limits below that level in a final attempt to eliminate even simple pneumoconiosis (ILO category 1) through dust control.
     The state of existing technology can achieve a reduction in the concentration of dust in U.S. mines to at least 3.0mg/m³ after 1 year. The greatest possible stimulus to this achievement is the establishment of that level as a required standard, with concomitant enforcement procedures. This bill prescribes both.
     The committee believes a standard of 4.5 mg/m³ after 6 months, and a standard of 3.0 mg/m³ after 1 year, is realistic.
     During 1968 and early 1969, the Bureau of Mines determined respirable dust concentrations in 29 selected large mines. In this investigation a total of 280 sections were sampled. The criteria for selecting mines were (a) the mine must employ more than 20 men underground, and (b) the mine should have sufficient coal reserves to last at least 10 years. As a result, it cannot be presumed that the data are representative of the entire industry. Care, however, was taken to select mines with typical mining methods and machines, in a wide range of coal seams and in a number of different States.
     The following table gives the results for the 29 large mines sampled. The data are presented by the type of occupation underground, the number of mines for each occupation, the number of samples taken for each occupation, and the number of mines for each occupation that averaged the 3.0, 4.5 and the 5.5 mg/m³, and higher level standards: .

NUMBER OF MINES MEETING CRITERIA LEVELS BASED ON OCCUPATIONS

Occupation Number
of mines Number of samples Less
than 3 3.1 to
4.5 4.6 to
5.5 +5.5

Cont. miner operator . . . . 21 178 2 2 4 13

Cont. miner helper . . . . . . 19 131 4 3 2 10

Cutting machine operator . 15 98 1 6 2 6

Cutting machine helper . . 8 37 1 3 . . . . 4

Coal drill operator . . . . . . 9 59 3 . . . . 1 5

Loading machine operator 18 98 2 1 2 13

Loading machine helper . . 6 31 . . . . 3 . . . . 3

Roof bolter operator . . . . 25 296 6 9 6 4

Shuttle car operator . . . . . 27 463 17 7 3 . . . .

Beltman . . . . . . . . . . . . . 7 32 2 3 1 1

Boomboy . . . . . . . . . . . . 6 20 5 . . . . . . . . 1

Timberman . . . . . . . . . . . 12 49 7 1 . . . . 4

Shotfirer . . . . . . . . . . . . . 12 83 5 2 2 3

Supplyman . . . . . . . . . . . 8 24 5 1 1 1

Mechanic . . . . . . . . . . . . 19 142 17 2 . . . . . . . .

Section foreman . . . . . . . 28 236 19 4 2 3

Total . . . . . . . . . . . . . . . . . . . . . . . 96 47 26 71

Total . . . . . . . . . . . . . . . 29 1,976 ¹40 ¹19 ¹11 ¹30

¹In percent.

     Based on these data, 40-percent of the mines for these 16 occupations had an average full-shift exposure of less than 3.0 mg/m³, 19 percent were between 3.1 and 4.5 mg/m³, 11 percent were between 4.6 and 5.5 mg/m³, and 30 percent were greater than 5.5 mg/m³.
     The significance of these results is that 40 percent of the mines for the specified occupations had an average full-shift exposure of less than 3.0 mg/m³.
     This has already been accomplished without any concentrated attempt to reduce the dust levels in the mines, and without the requirement of complying with a Federal law establishing standards for permissible concentrations of respirable dust in the mine atmosphere.

Medical Examinations

     Section 203 requires that each miner have an opportunity to have taken, at least once every 5 years, a chest roentgenogram to be paid for by the Board. Each worker who begins work in a coal mine for the first time shall be given such a chest roentgenogram at the commencement of his employment and again 3 years later. If the second such chest roentgenogram shows evidence of the development of pneumoconiosis, the worker shall be given an additional chest roentgenogram 2 years later. The Secretary of Health, Education, and Welfare is responsible for reading, classifying, and recording all readings for each miner, and may prescribe such other supplemental tests as he deems necessary.
     Any miner who, in the judgement of the Secretary of Health, Education, and Welfare, shows substantial evidence of the development of pneumoconiosis, shall, at the option of the miner, he assigned by the operator to work in a relatively dust-free area of the mine, or in any other area provided he wears respiratory equipment. Any miner so assigned shall not receive less than his regular rate of pay.
     The committee considers this section of the bill equal in importance to the dust control section for decreasing the incidence and development of pneumoconiosis. Three facets of medical service are prescribed:
     (1) Examination of new entrants.-- The required chest roentgenograms (X- rays) for new entrants should be supplemented by whatever other tests the Secretary of Health, Education, and Welfare deems necessary.
     (2) Periodic chest X-rays.-- The 5-year chest X-ray requirement for each miner conforms to the best medical evidence on pneumoconiosis. Because the ailment progresses at a relatively slow pace, an X-ray every 5 years is more than adequate. The Secretary of Health, Education, and Welfare may also require other tests to supplement X-rays.
     The committee intends that large film be used in taking X-rays. It also expects the Secretary of Health, Education, and Welfare to advise the miner of conditions other than pneumoconiosis which may appear in an analysis of the miner's X-ray.
     (3) Supervision of pneumoconiosis cases.-- The development of simple pneumoconiosis may be impeded if the afflicted individual is removed from a dusty to a relatively dust-free atmosphere or if he is equipped with approved respiratory equipment. The bill provides for this type of supervision, subject to the choice of the individual miner.

TITLE III-INTERIM MANDATORY SAFETY STANDARDS
FOR UNDERGROUND COAL MINES

Coverage

The interim safety standards contained in title III of the bill are mandatory and applicable to all underground coal mines until superseded by standards promulgated by the Secretary pursuant to section 101.

Safety Standards

     Sections 302 through 317 establish detailed requirements to provide for safer working conditions in underground coal mines. These include requirements with regard to roof support, ventilation, combustible materials and rock dusting, electrical equipment, trailing cables, grounding, underground high-voltage distribution, underground low- and medium-voltage alternating current circuits, trolley and trolley feeder wires, fire protection, maps, blasting and explosives, hoisting and man-trips emergency shelters, communications, escapeways, and other miscellaneous matters.
     The standards in this title are largely the result of recommendations by the Bureau of Mines. In the case of every standard, however, the committee challenged the Bureau to defend its recommendation. In the case of many, the committee adopted a standard other than one recommended by the Bureau. In those instances, the committee relief upon expert opinion from technicians outside the Bureau.
     Several of the standards deserve elaboration in this summary, and some require clarification as to legislative intent.

Pillared and Abandoned Areas

     The most hazardous condition that can exist in a coal mine, and lead to disaster-type accidents, is the accumulation of methane gas in explosive amounts. Methane can be ignited with relatively little energy and there are, even under the best mining conditions, numerous potential ignition sources always present.
     There is a general awareness by coal mining personnel of the existence of this hazard. Men working in the face areas where coal is being mined and where fresh methane can be emitted in large volumes dues to the disturbance of the coal bed, are required to take numerous safety precautions to insure that methane is not present in explosive amounts. All equipment in by the last open crosscut must be of a permissible type, and frequent examination, both preshift and onshift, are made to determine methane concentrations. The present bill requires examinations for methane onshift at least once each coal producing shift, at the start of each coal producing shift before electrical equipment is energized, at least every 20 minutes during a shift when electrically operated equipment is energized, before intentional roof falls are made, before explosives are fired, and before welding is done. When, on examination, methane concentrations exceed 1 volume per centum, changes must be made in the ventilation to reduce the methane content. When the methane concentration exceeds 1.5 volume per centum, the electricity must be shut off in the section affected, and men withdrawn from the section until the methane content is reduced.
     Methane, however, also accumulates in areas from which pillars have been removed and in other abandoned areas of a mine. These areas are often inaccessible because the roof has been deliberately allowed to fall or caving has otherwise occurred. In these cases, it is not usually possible to determine methane concentrations without great physical risk, and in many instances, the areas are completely inaccessible. In addition, during the time pillars are being removed and the roof permitted to fall in a planned sequence, ventilation of the area can best be accomplished with present technology by ventilating the area in a systematic manner.
     These pillared and abandoned areas that are no longer being mined are not tested as frequently as working places, nor can they be given the same attention a working place receives. Consequently, these areas represent a great potential source of explosions, which can lead to widespread underground destruction with attendant loss of life.
     Sections 303(b), (q), and (r) are all directed toward solving this difficult problem. It is the intent of these three sections to require that the areas of mines described above be made as safe as present technology will permit so that the possibility of disasters from this source can be reduced or eliminated. There is general agreement among mining and safety engineers that bleeder systems are difficult to maintain in satisfactory conditions over long periods of time and they not eliminate explosive concentrations of gas in the gob because of by-passing of air when the gob area extends over long distances. Sections 303(p), (q), and (r) require that when bleeder entries or systems or equivalent means are permitted instead of sealing, they shall be effective. This means that, where no superior method of ventilation is available, one of these may be approved by an authorized representative of the Secretary. When Bleeder entries or systems are approved, they shall be used only under conditions where they can be adequately maintained, over short distances. Bleeder air shall not contain more than 2 volume per centum of explosive gases when sampled at a point immediately before entering another split of air.
     Seals or bulkheads shall be used to isolate in an explosion-proof manner all abandoned areas in existing mines. In addition, wherever possible, new areas of existing mines will be "sectionalized" with explosive-proof sealing when abandoned, that is, isolated from active sections. In new mines, opened after the operative date of the act, it is intended that the mining system be such as to permit isolation by explosion-proof bulkheads of each section of a mine as it is abandoned.

Rock Dusting

     Section 304(c) requires that all underground areas of a coal mine be rock dusted to within 40 feet of all face areas. It also requires all cross-cuts less than 40 feet from such faces to be rock dusted. Where rock dusting is required, it must be applied and maintained in accordance with subsection (d) of this section. There are three exceptions, however, to this general rock dusting requirement.
     The first provides that such rock dusting is not necessary in those underground areas of a mine that are, in fact, too wet or too high in incombustible content to propagate an explosion. Artificial wetting of such underground areas of mines is not acceptable in lieu of rock dusting, except as such wetting is done on the floors of active roadways used by mobile equipment, between the working face and the section loading points. Rock dusting would still be required for the top and sides of such roadways.
     Water, when properly applied and maintained, can be effective in preventing the initiation of coal dust explosions and propagations of ignitions and explosions caused by gas or other means. In order to be effective, however, the coal dust along the floor of the mine must be properly wetted and maintained wet. All too often, the coal dust dries up unless there is constant attention given to insuring that it is, in fact, 'too wet". It is incumbent upon the operator to insure such attention, and upon the authorized representative of the Secretary to satisfy himself that, when water is relied on as an inert by the operator, it results in the same degree of safety that would be obtained if rock dusting were required.
     The second exception is that such rock dusting is not required in areas determined by an authorized representative of the Secretary to be unsafe to enter or inaccessible.
     The third relates to cases where an authorized representative of the Secretary permits an exception to this general requirement. In granting this exception for some areas of the mine, such as in the case of back entries, the authorized representative of the Secretary should, among other factors, take into consideration the conditions of the mine, the adequacy, based on past performance, or the rock dusting program at the mine, relevant research findings, and, most importantly, the potential hazards to the miners that could result when an exception is granted. The miner's safety must, in all of these exceptions be considered to be of foremost concern to the operator and the authorized representative of the Secretary.

Electrical Equipment

     Section 305 establishes the requirements for electrical equipment. Effective 1 year after the operative date of this title, only permissible junction or distribution boxes shall be used for making multiple power connections in by the last open crosscut or in any other place where dangerous quantities of explosive gases may be present or may enter the air current. Also effective 1 year after the operative date of this title is the requirement that all electric face equipment used in a mine be permissible and be maintained in a permissible condition, except that the Secretary may permit the continued use of nonpermissible or open-type electric face equipment in use on the date of enactment of this act for such period (not in excess 1 year) as he deems necessary to obtain permissible equipment. This provision does not apply to any mine which is not classified as gassy.
     In the case of such mines, low-horsepower electric face equipment such as hand held electric drills, blowers and exhaust fans, and electric pumps, are required to be permissible and maintained in a permissible condition 1 year after operative date of this title. The same requirement is made of all replacement equipment acquired for use in such mines, and equipment for which a major overhaul is necessary.
     The remaining electric face equipment not specifically required to be permissible 1 year after the operative date of this title, which is used in nongassy mines, must be permissible and maintained in a permissible condition 4 years after the operative date of the title, except that the Secretary may, upon petition, waive this requirement on a mine-by-mine condition 4 years after the operative date of the title, except that the Secretary may, upon petition, waive this requirement on a mine-by-mine basis for an additional period not in excess of 2 years if, after investigation, he determines such waiver is warranted. The committee intends that the Secretary use his discretion in determining if such waivers are warranted for mines requesting them, but expects his first consideration to be the availability of permissible replacement equipment.
     The Secretary also has the authority to grant, upon petition, an additional waiver on a mine-by-mine basis if he determines the permissible equipment for which the additional waiver is sought is not available to the petitioning mine. The committee intends here that the Secretary administer this authority with extreme care and adhere literally to the language of the bill which spells out precisely the only reason for granting such additional waiver. The committee does not in any way intend for this additional waiver to represent an "open end " to the requirement for permissible electric face equipment.
     The Department of the Interior has indicated a period of 5 years will be required for the mine equipment manufacturing industry to produce permissible replacement equipment in sufficient quantities for all underground mines. If the Department alters its present policy of requiring all inspections of permissible equipment to be made in Pittsburgh, and permits field inspections, the period necessary to produce sufficient equipment should be reduced.
     The committee believes the time allowances in the bill, therefore, to be exceedingly generous, and expects the most judicious consideration by the Secretary of additional waiver requests. Further, the committee expects the Secretary to begin surveying the availability of permissible replacement equipment immediately following enactment of this act and to continue such surveys-- making the results of such surveys known to those mines using equipment which is not permissible-- on a regular basis (at least every 6 months) until the electric face equipment in all underground mines is permissible.
     During the term of use of any electric face equipment which is not required to be permissible, pursuant to section 305(b), the Secretary may be regulation require the use of methane monitors on such equipment, which monitors will automatically deenergize electrical circuits providing power to electric face equipment when the concentration of explosive gas in the active workings permits, in the opinion of the Secretary, a condition in which an ignition or explosion may occur. When the Secretary believes conditions in these mines are such that an ignition or explosion may occur, the committee expects him to require the use of methane monitors which act to deenergize the equipment when the explosive gas content in the mine atmosphere reaches a level to be determined by him. The committee believes the explosive gas content of 0.25 percent volume to be a level the Secretary might very well choose, as that level is currently used as a level of distinction between gassy and nongassy mines.

Other Electrical Equipment

     Section 305(k) requires that when insulated wires other than cables pass through metal frames the holes shall be substantially bushed with insulated bushings. Use is made of suitable insulated material which may not be properly described as a "bushing," but the committee intends that such material be considered a "bushing" for the purpose of meeting this requirement.
     Section 306(b) requires that short circuit protection for trailing cables be provided by an automatic circuit breaker on "other no less effective device approved by the Secretary" of adequate interrupting capacity in each underground conductor. A fuse can provide adequate short circuit protection, and the committee intends that such fuses be permitted when in accordance with a schedule to be set forth by the Secretary establishing standards for approval such as application, type, and capacity.
     Section 308 establishes standards for underground high-voltage distribution. Subsection (h) requires the protection of such transmission cables, and the committee intends that steel conduit be considered sufficient protection. In the case of subsection (i), properly designed cable couplers shall be considered satisfactory disconnecting devices. In subsection (k), is understood that the manufacturer's "specifications" referred to, also includes his "recommendations."
     Section 310(b) requires that trolley wires and trolley feeder wires be provided with overcurrent protection. This is to provide protection against overcurrents of prolonged duration.

Emergency Shelters

Section 315 permits the Secretary or his authorized representative to require the erection of mine rescue chambers to which miners could go in the event of an emergency.
The committee is cognizant of a study being conducted by the National Academy of Engineering, pursuant to a contract with the Department of the Interior, to determine improved means of survival after mine accidents. The committee expects the Secretary to promptly institute requirements for rescue chambers in mines if the study concludes such rescue chambers are indeed an effective method of insuring survival after a mine accident.

Inspector Present in Selected Mines

Section 317(j) requires the Secretary to insure that his authorized representative is present daily to make inspections at a mine the Secretary determines liberates "excessive quantities of explosive gases."
Despite opposition to this provision by the Secretary, the committee found the following statement by W.A. Boyle, president of the United Mine Workers of America, a most compelling reason for its inclusion in the bill:

Certainly if this Government can spend money on game wardens far in excess of Federal coal mine inspectors, commonly known as "rabbit shepherds," protecting the lives of rabbits, deer, antelope, elk; certainly we can have a Federal mine inspector in each one of these mines who will make these inspections when necessary every day that the mine operates, and that Federal inspector should be required to be there.

The committee appreciates the Secretary's concern, about the cost of detailing inspectors to such mines on a regular basis, but believes the advantages of such surveillance far exceed any suggested disadvantages. The administering this provision, the committee expects the Secretary to rotate inspectors among the mines he believes liberate "excessive quantities of explosive gases," and not station the same inspector at the same mine for an extended period of time.

TITLE IV-ADMINISTRATION

Research

     Section 401 requires the Board to establish objectives for the conduct of appropriate studies, research, experiments, and demonstrations. Activities to meet the objectives in the area of coal mine health will be carried out by the Secretary of Health, Education, and Welfare. Those in the area of coal mine safety will be carried out by the Secretary of the Interior. Results of such studies and research will be available to the general public. The committee intends that until healthful and safe conditions in coal mines are assured, research in these areas must be substantially expanded.
     Funds for the research shall be distributed to the Secretaries from moneys the Board shall receive from operators, appropriations, and the States. Each operator is required to contribute an amount equal to 2 cents for each ton of coal he produces. The Board may reduce this amount when it determines it has sufficient funds from other sources with which to carry out its activities. In addition, the Federal Government will contribute an amount equal to 2 cents for each ton of coal produced by operators. States may also contribute and the Federal Government will match such contributions up to an amount equal to 1 cent per ton of coal produced in the respective State.
     Prior to distributing any funds derived under this section, the Board must first assure the payment of the chest roentgenograms and other tests provided for under section 203(a).
     The committee believes the Board should consider, as the first priority item in establishing objectives for the conduct of studies, research, experiments, and demonstrations, the establishment of a respiratory disease center. The medical information gathered in Great Britain is comprehensive and impressive, and was derived largely because a central repository for the collection and interpretation of relevant data was established.

Assistance to States

The Secretary is authorized to make grants to any State in which coal mining takes place (1) to conduct research and planning studies and to carry out plans designed to improve workmen's compensation and occupational disease laws and programs, as they relate to compensation for pneumoconiosis and injuries in coal mine employment and (2) to assist the States in planning and implementing other programs for the advancement of health and safety in coal mines.
For this purpose there is authorized to be appropriated for the fiscal year ending June 30, 1970, and each of the succeeding fiscal years, the sum of $1 million.

Equipment

Under section 404, the Secretary is authorized to make loans to operators of coal mines to enable them to procure or convert equipment needed by them to comply with the provisions of this act. The loans shall not have maturities beyond 20 years and shall bear interest at a rate adequate to cover (1) the cost of the funds to the Treasury, (2) the cost of administering the loans, and (3) probable losses. The Secretary shall use the services of the Small Business Administration to the greatest extent possible in carrying out this section.

Inspectors; Qualification; Training

     Section 405 establishes qualifications for inspectors and requires the Secretary to provide for the adequate training and continuing education of such personnel.
     The requirements of the Federal mine safety acts impose an immediate and urgent need to upgrade and expand the inspectorate that must carry out the provisions of the acts. The only way to meet this emergency is to institute an intensive educational and training program for the inspectors. The immediate goal of the education and training program is to upgrade the existing staff, a parallel objective is to supplement the present staff as soon as possible with well-trained and properly educated additional personnel. The ultimate objective is to establish a fully professionalized inspection staff that can be deployed to insure fulfillment of the purpose of the Federal Mine Safety Acts. These men must be trained and educated to understand the highly technical conditions they will meet in the mines today and be able to cope with new technology as it is introduced in the future. These duties are not simple routine inspection but require engineering knowledge and the ability to judge and evaluate the complex conditions that can be encountered in an operating mine.
     The committee fully expects the Secretary to undertake a comprehensive and exhaustive program of recruiting, training, and continually educating persons employed as his authorized representatives or in other capacities. The Secretary should also initiate programs for the training and retraining of inspectors by appropriate educational institutions and operators. The committee believes that adequate funding for these activities must be provided at the earliest possible date.

Special Report

The Board shall make a study to determine the best manner to coordinate Federal and State activities in the field of coal mine health and safety and report to the Congress as soon as practicable on the results of its study.

Operative Date and Repeal

The provisions of titles I and III of this act become operative 90 days after enactment. The provisions of title II become operative 6 months after enactment. The provisions of the Federal Coal Mine Safety Act are repealed on the operative date of titles I and III of this act.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This section provides that the act may be cited as the "Federal Coal Mine Health and Safety Act of 1969'.

Section 2. Declaration of purpose

In this section the Congress declares that--

     (1) The first priority and concern of those in the coal mining industry must be the health and safety of its miners,
     (2) occupationally caused death, illness, or injury of a miner causes grief and suffering and is also a serious impediment to the growth of the industry.
     (3) more effective means for improving the working conditions and practices in our coal mines must be provided in order to prevent death and serious physical harm and to control the causes of occupational diseases,
     (4) the existence of unsafe and unhealthy conditions and practices in coal mines cannot be tolerated,
     (5) The operators, assisted by the miners, have primary responsibility to prevent unsafe and unhealthful conditions and practices in coal mines,
     (6) the disruption of production and the loss of income as a result of coal mine accidents or occupationally caused disease unduly impedes and burdens commerce, and
     (7) it is the purpose of the act to provide for the establishment of mandatory health and safety standards with which operators and the miners must comply.

Section 3. Definitions

     This section contains definitions of terms used in the Act. Of these, the following are of special significance.
     "Secretary" will mean the Secretary of the Interior.
     "Operator" will mean any owner, lessee, or other person who operates, controls, or supervises a coal mine.
     "Agent" means any person having responsibility for the operation of all or part of a coal mine or the supervision of employees in a coal mine.
     "Coal mine" is defined to mean an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and all other property, real or personal, placed on, under, or above the surface of such land by any person, if it is used or to be used in, or results from, the work of extracting bituminous coal, lignite, or anthracite by any means or method, and the work of preparing the coal so extracted. The term includes custom coal preparation facilities.
     "Work of preparing the coal" means the breaking, crushing, sizing, cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite, and any other work of preparing the coal which is usually done by the operator of the coal mine.
     "Imminent danger" means the existence of any condition or practice in a coal mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.
     "Accident" includes a mine explosion, mine ignition, mine fire, or mine inundation, or injury to, or death of, any person.

Section 4. Mines subject to act

This section provides that every coal mine the products of which enter interstate or foreign commerce, or the operations or products of which affect interstate or foreign commerce, shall be subject to this act. It requires each operator of, and every person working in, such a mine to comply with the provisions of this act and the regulations of the Secretary promulgated under it.

TITLE I-GENERAL

Section 101. Health and safety standards; review

     Subsection (a) of this section requires the Secretary, in the manner described later, to develop, promulgate, and revise mandatory safety standards for the protection of life and the prevention of injuries in coal mines subject to the act. He is also required to promulgate the mandatory health standards which are transmitted to him by the Secretary of Health, Education, and Welfare, as hereafter described. No mandatory health or safety standard may be so promulgated which reduces the protection afforded miners below that afforded by the standards contained in title II and III of the act.
     Subsection (b) provides that when he develops mandatory safety standards, the Secretary must consult with interested persons and organizations, including the Federal Coal Mine Health and Safety Board of Review, other Federal agencies, representatives of States, and appropriate representatives of coal mine operators and miners. In developing safety standards, in addition to the attainment of the highest degree of safety protection for the miners, other considerations should be the latest available scientific data in the field, technical feasibility of the standards, and experience gained under this and other safety statutes.
     Subsection (c) of this section directs the Secretary of HEW to develop and revise mandatory health standards for the protection of life and the prevention of occupational diseases of coal miners. In developing and revising these standards, the Secretary is required to base them upon research, demonstrations, and experiments, and such other information as may be appropriate. When he has developed or revised a mandatory health standard, the Secretary of HEW will transmit it to the Secretary of the Interior who will publish it as a proposed mandatory health standard.
     Subsection (d) requires the Secretary to publish proposed mandatory health and safety standards in the Federal Register and to allow interested persons at least 30 days to submit written data or comments. Thereafter, unless an objection is filed as provided in subsection (e), the Secretary may, in the case of a mandatory standard which is a safety standard, after consideration of all the data and comments which have been submitted, promulgate the standard with any modifications he deems appropriate. In the case of a mandatory standard which is a health standard, unless an objection is filed, the Secretary of HEW may, upon the expiration of such 30-day period, and after consideration of all relevant data and comments transmitted to him, direct the Secretary to promulgate the standard with such modification as the Secretary of HEW may deem appropriate.
     Subsection (e) provides that during the period fixed for submission of written data and comments as described in the preceding subsection any interested person may file written objection to the proposed standards stating the ground therefore and requesting a public hearing by the Federal Coal Mine Health and Safety Board of Review. The Secretary will then publish in the Federal Register a notice specifying the proposed standard to which objections have been filed and hearing requested and will refer the standards and objections to the Board for review as provided in subsection (f).
     Subsection (f) provides that the Federal Coal Mine Health and Safety Board of Review shall, as soon as a matter is referred to it, issue notice and hold a public hearing. Within 60 days after it has finished the hearing, the Board must issue a report to the Secretary setting forth findings of fact and appropriate recommendations. The report will be made public. When he receives such a report, in the case of a safety standard, the Secretary may, upon consideration of the Board's findings of fact and recommendations, promulgate the mandatory safety standard with such modifications as he deems appropriate. When he receives such a report, in the case of a mandatory health standard, he will transmit it to the Secretary of HEW who may, after consideration of the Board's findings of fact and recommendations, direct the Secretary to promulgate the health standard with any modifications the Secretary of HEW deems appropriate. in any case in which either such Secretary does not adopt the Board's recommendations, he shall publish his reasons therefor.
     Subsection (g) provides that mandatory standards promulgated as described above will be effective upon publication in the Federal Register unless the Secretary specifies a later date.
     Subsection (h) requires the Secretary to develop and publish proposed mandatory safety standards for surface coal mines within 12 months after the enactment of the act.

Section 102. Advisory committees

This section authorizes the Secretary to appoint advisory committees to advise him in carrying out the act. Members of advisory committees who are not governmental employees will be paid on a per diem basis at a rate not in excess of that prescribed for grade GS18 in the general schedule.

Section 103. Inspections and investigations

Subsection (a) of this section provides that there shall be frequent inspections and investigations in coal mines by authorized representatives of the Secretary. These inspections and investigations shall be made for the following purposes:

     (1) Obtaining, utilizing, and disseminating information relating to health and safety conditions, causes of accidents, and causes of diseases and physical impairments originating in coal mines.
     (2) Gathering information with respect to health and safety standards.
     (3) Determining whether an imminent danger exists in a coal mine.
     (4) Determining whether or not there is compliance with the mandatory health and safety standards or with any notice or order issued under this title.

     For purposes of determining whether an imminent danger exists in a mine and determining whether or not there is compliance with a mandatory health and safety standard or with a notice or order issued under the title, no advance notice of the inspection shall be provided the operator, and the representatives of the Secretary are required to make inspections of each mine throughout its entirety at least four times a year.
     Subsection (b) of this section provides that the Secretary or his authorized representative shall have a right of entry to a coal mine for the purpose of making inspections or investigations. It also provides that the provisions of the act relating to inspections, investigations, and records shall be available to the Secretary of HEW in carrying out his functions under the act.
     Subsection (c) authorizes the Secretary, by agreement, to utilize the services, personnel, and facilities of any Federal Agency in carrying out the act.
     Subsection (d) provides that in making investigations relating to health or safety in a coal mine, the Secretary may hold public hearings and may issue subpoenas which are enforceable in the U.S. district courts.
     Subsection (e) requires the operator of a coal mine in which an accident occurs to notify the Secretary and to take appropriate action to prevent the destruction of evidence relating to the cause thereof. The Secretary or his authorized representative is required to take appropriate action to protect the life of any person where an accident occurs in a coal mine and rescue and recovery work is necessary. In such case he may, if he deems it appropriate, supervise and direct rescue and recovery activity.
     Subsection (f) authorizes representatives of the Secretary to issue appropriate orders to insure the safety of persons in coal mines in which an accident has occurred. The operator of such a mine must obtain the approval of such a representative, in consultation with State representatives, when feasible, of any plan to recover any person in the mine or to recover the mine or to return affected areas of the mine to normal.
     Subsection (g) authorizes miners and their authorized representatives, where they believe a violation of a mandatory health or safety standard exists or an imminent danger exists, to notify the Secretary of the violation or danger. Upon receipt of the notification the Secretary or his authorized representative may make a special investigation.
     Subsection (h) authorizes representatives of the miners to accompany the authorized representatives of the Secretary on his inspections of a coal mine.

Section 104. Findings, notices, and orders

     Subsection (a) of this section provides that if an authorized representative of the Secretary finds that an imminent danger exists in a coal mine he shall forthwith issue an order requiring all persons to be withdrawn immediately from the mine or the area of the mine throughout which he determines the danger exists. Such persons are prohibited from reentering such area until the representative determines that the imminent danger no longer exists. An exception is made for persons, described in subsection (d), whose presence in the mine is needed.
     Subsection (b) provides that whereupon any inspection of a coal mine an authorized representative of the Secretary finds there has been a violation of a mandatory health or safety standard which has not created an imminent danger he will issue a notice fixing a reasonable time for its abatement. If the violation has not been abated by the end of the period fixed (or subsequently extended, and such period has not been further extended) he shall issue an order requiring the operator to immediately withdraw all persons from the area of the mine affected by the violation. They will thereafter be prohibited from reentering such area until it is determined that the violation has been abated. Again, an exception is made for certain persons described in subsection (d).
     Paragraph (1) of subsection (c) provides that if, when inspecting a coal mine, one of the Secretary's authorized representatives finds that a mandatory health or safety standard is being violated but in a manner which does not cause an imminent danger, that the violation could significantly and substantially contribute to a mine accident and that the violation is caused by an unwarrantable failure to comply with such standards, the representative shall include such findings in the notice given the operator under subsection (b) of this section. Within 90 days thereafter the Secretary shall cause the mine to be reinspected to determine if a similar violation exists, such reinspection to be in addition to any special inspection required under subsection (b) or under section 105. If any special inspection relating to the violation or the reinspection shows a similar violation does exist and that it was caused by an unwarrantable failure of the operator to comply with mandatory health or safety standards, he shall issue an order requiring all persons to be withdrawn from the areas affected and prohibited from entering such areas until the authorized representative determines the violation, has been abated. Again, the persons listed in subsection (d) are not affected by the withdrawal order.
     Paragraph (2) of this subsection provides that where a withdrawal order has been issued as described above, thereafter a withdrawal order shall be issued forthwith by a duly authorized representative of the Secretary who finds on any subsequent inspection that a violation exists in the mine similar to that which resulted in the issuance of a withdrawal order before. In such a case, persons will be debarred from entering the affected areas until an inspection disclosed no similar violations, and then the provisions of paragraph (1), described above, will be again applicable to that mine.
     Subsection (d) contains a list of persons who may enter an area affected by a withdrawal order. These are (1) persons whose presence is necessary to eliminate the condition, (2) public officials in pursuance of their official duties, (3) representatives of employees who in the judgment of the operator are qualified to make coal mine inspections or who are accompanied by such a person and whose presence in the area effected is necessary for the investigation of the conditions described, and (4) any consultant to any of those listed above.
     Subsection (e) requires notices and orders issued under this section to contain a description of the conditions or practices which cause an imminent danger or a violation of a mandatory standard, and a description of the area of the mine from which persons must be withdrawn and prohibited from entering.
     Subsection (f) requires notices and orders to be given promptly to the operator and that they shall be in writing and signed.
     Subsection (g) authorizes authorized representatives of the Secretary to modify or terminate any order issued under the section.
     Subsection (h) provides that if an authorized representative of the Secretary finds that conditions exist in a mine which have not yet resulted in imminent danger, cannot be effectively abated with existing technology, and reasonable assurance cannot be provided that the continuance of mining operations will not result in imminent danger he must issue a notice thereof to the operator and file a copy thereof, incorporating his findings, with the Secretary and with the representative of the miners. Upon receipt thereof the Secretary will cause an investigation to be made which will include an opportunity for the operator and representatives of the miners to present information. If, after the investigation, and an opportunity for a hearing by an interested person, the Secretary shall make findings of fact and either cancel the notice issued by his representative or issue an order requiring the operator to withdraw all persons from the affected area. If they are withdrawn, they may not reenter such area until the Secretary, after a hearing affording all interested persons an opportunity to present their views, determines that the conditions have been abated.
     Subsection (i) provides that when the samples of respirable dust taken and analyzed as required by section 202(a) show that the applicable dust level exceeds the health standards established by section 202(b), the Secretary must find a reasonable time within which to take corrective action to reduce the concentration of respirable dust to the miners in the area of the mine in which such standard was exceeded and must fix a reasonable time for the abatement of the violation. During that time, the operator of the mine is required to cause samples of respirable dust to be taken as described in section 202(a) in the affected area during each production shift. If, upon the expiration of the prescribed period of time, the Secretary finds that the violation has not been totally abated, he will issue a new notice of violation if he finds that such period of time should be further extended. If he finds that the period should not be further extended, he will issue an order requiring the withdrawal of all persons from the area affected by the violation. They will not be permitted to reenter until test procedures show that the violation has been abated.

Section 105. Review by the Secretary

     This section describes the manner in which interested persons may obtain a review by the Secretary of orders issued as described in the preceding section.
     Subsection (a) permits each operator and each representative of miners in any mine affected by an order issued under section 104, or any modification or termination of such an order, to apply for review of the order within 30 days. When he receives an application for review, the Secretary will cause an investigation to be made. The investigation must provide an opportunity for a hearing at the request of the applicant or a representative of persons working in the mine.
     Subsection (b) provides that when the Secretary receives a report of the investigation he must make findings of fact and, if it is an order issued under subsection (a) of section 104, find whether or not an imminent danger existed at the time of the order and whether or not it existed at the time of the investigation, and, in the case of orders, issued under subsections (b), (c), and (i) of section 104, he will find whether or not there was a violation of any mandatory health or safety standard described in the order and whether or not it was abated at the time of the investigation. When he has made such findings, he will issue a written decision with respect to the order complained of and incorporate his findings therein.
     Subsection (c), citing the urgent need for prompt decision of these matters, requires the Secretary to carry out these duties as promptly as practicable, consistent with adequate consideration of the issues involved.
     Subsection (d) permits applicants for review to file requests for temporary relief and permits the Secretary to grant such relief on such conditions as he may prescribe after affording a hearing.

Section 106. Federal Coal Mine Health and Safety Board of Review

     This section establishes the Federal Coal Mine Health and Safety Board of Review (hereinafter referred to as the "Board").
     Subsection (a) provides that for purposes of carrying out its functions under sections 107 and 111 (relating to the review of orders and the imposition of penalties) the Board will be composed of five members (referred to in the bill as regular members) to be appointed by the President, by and with the advice and consent of the Senate.
     Subsection (b) provides that for the purpose of carrying out the functions set forth in sections 107, 401, and 412 and matters related thereto (review of mandatory standards, prescribing the nature of research to be undertaken, and the making of a special study) the Board will include three additional members who are also to be appointed by the President, by and with the advice and consent of the Senate. Of the additional members, one will have a public health background and the others will have a background in coal mining technology. The mining industry for a year prior to their appointment.
     Subsection (c) provides that the term of office of members of the Board will be 5 years, except that a person filling a vacancy will serve only for the remainder of the term of the member whom he succeeds. Members of the existing Federal Coal Mine Safety Board of Review in office on the effective date of the act will automatically become regular members of the new Board.
     Subsection (d) provides that members of the Board will receive a per diem compensation at the rate prescribed for persons in grade GS18 of the general schedule. They will be fully reimbursed for travel, subsistence, and related expenses.
     Subsection (e) prescribes the required qualifications of regular members of the Board. It requires that the membership of the Board include a person who by reason of previous training and experience may reasonably be said to represent the viewpoint of each of the following: operators employing 14 or fewer employees, operators employing 15 or more employees, miners in mines employing 14 or fewer employees, and miners in mines employing 15 or more employees. In addition, there would be one member drawn from the public generally who will be Chairman of the Board. The Chairman may not have had a pecuniary interest in or have been employed or engaged in the mining of coal or have regularly represented either miners or operators, or have been an official of the Department of the Interior for the last 5 years. This same requirement would apply while he is Chairman of the Board.
     Subsection (f) provides that the principal office of the Board is in the District of Columbia but that the Board may hold hearings or conduct other proceedings at any other place in specified circumstances. If a mine operator or a representative of miners requests it, the Board may hold hearings or conduct other proceedings on a application filed under section 107 at the county seat of the county in which the mine is located or at any other place mutually agreed to.
     Subsection (g) of this section authorizes the Board to hire a secretary and legal counsel without regard to the civil service laws. Other employees of the Board are to be hired in conformity with the civil service laws.
     Subsection (h) of this section provides that in carrying out its functions of reviewing the Secretary's order and of prescribing penalties, the Board may take action only on the affirmative vote of at least three regular members, except that where the mine involved has not more than 14 employees employed underground-- referred to s small mines-- the participation of the small mine operators' representative and the small mine workers' representative is required. Similarly, where such action involves mines with more than 14 individuals employed underground, the participation of the large mine operators' representative and the large mine workers' representative is required. The subsection also permits, if the Board so orders, a special panel to conduct a hearing and to submit a transcript thereof to the entire Board for its action. In such a case an opportunity to appear before the Board or the panel shall be afforded the parties prior to final action. The Board may afford the parties an opportunity to submit additional evidence.
     Subsection (i) requires official acts of the Board to be entered on the record and its hearings and records to be open to the public. It prohibits the Board from inspecting coal mines for the purpose of determining any application.
     Subsection (j) authorizes the Board to make rules for its proceedings which shall include adequate notice of hearings to all parties. The rules of the Federal Coal Mine Safety Board of Review in effect on the date of enactment of this act will constitute the rules of the new Board until superseded or modified. Three members of the Board shall constitute a quorum for purposes of carrying out its functions under sections 107 and 111-- relating to review of the Secretary's orders and the assessment of penalties. In carrying out its other functions five members of the Board shall constitute a quorum.
     Subsection (k) gives subpena power to the Board.
     Subsection (l) permits the Board to take testimony by deposition with reasonable protection for the interests of all parties.
     Subsection (m) provides that subpoenas issued by the Board may be enforced in Federal district courts.

Section 107. Review by the Board

This section deals with the review by the board orders of the Secretary or his authorized representatives.
Subsection (a) provides that a coal mine