Americas: Bid to pass stripped-down mine safety measure fails in US House
Write:
Joslin [2011-05-20]
The US House of Representatives Wednesday failed to pass mine safety legislation that has been stalled in the chamber since earlier this fall.
The legislation, developed after April's deadly Upper Big Branch mine blast and supported by the United Mineworkers, came to the floor stripped of provisions that would have reformed the Occupational Safety and Health Administration in an effort to win more votes. The bill's provisions were limited to underground coal mines and other underground mines defined as "gassy" or having elevated methane levels.
Despite the bill's narrow scope, Democrats were unable to muster the two-thirds majority needed to pass the measure under suspension of the rules.
The bill (H.R. 6495) and a Senate companion measure face an uncertain future with the legislative year quickly coming to a close.
"There's always an opportunity to bring it under the rules, I just don't know the schedule or the calendar," Aaron Albright, a spokesman for the House Education and Labor Committee, said Wednesday.
During floor debate Wednesday, Democrats said the bill included critical protections for mine workers, while Republicans said the legislation was being hurried along.
"I appreciate the time is never right for my colleagues on the other side to consider this legislation," the bill's sponsor California Democrat George Miller, said on the House floor. "Let's honor the commitments that everyone makes [in] the first 48 hours after one of these tragedies takes place."
The core provisions from the original bill, which had drawn the ire of the National Mining Association, remained in place. Miller, though, had managed to reach detente with Consol Energy and Patriot Coal, both of which agreed not to oppose the legislation.
Under the measure, the US Mine Safety and Health Administration would be able to levy higher fines on mines in "pattern of violation status"; use subpoena power in investigations and have broader authority to shutdown mines deemed unsafe. Mines that are shut down for safety reasons would be required to continue paying their workers.
Operators, executives and directors of companies involved in accidents would be open to criminal liability, ranging from misdemeanors to felonies with penalties of $2 million and 10 years in prison, as well as civil liability. Meanwhile, companies retaliating against whistle-blowing employees could face penalties of up to $100,000 for the first instance and a $200,000 fine any other instances of retaliation within three years of the initial incident.
Other provisions in the bill would require MSHA to make more data about dangerous mines available on its website and would establish an independent review panel to review accidents that kill three or more people.