NSSGA on MINER bill

NSSGA has added its two cents to the passing of the MINER bill. NSSGA, both individually and with its ad hoc non-metal mining coalition partners made its concerns regarding the bill, including the impracticality of the 15-minute emergency notification and penalties for failure to notify, as well as the increase in penalties, known to key members of the Senate Health, Education, Labor and Pensions Committee, the House Education and the Workforce Committee and the Senate and House leadership. Concessions were made on these items to move the bill forward on a bi-partisan basis.

It is important to note that aggregates are not lumped in with coal for a majority of provisions in the bill and worse penalty proposals were staved off due to the advocacy efforts of NSSGA and the efforts of several state aggregates associations. With the pending enactment of this bill into law, which largely prescribes enhanced safety activities for coal mines, the focus shifts to MSHA, where NSSGA will be proactive in the rulemaking process implementing the bill.

The bill as passed increases penalties in accordance with the administration's FY '07 budget request as follows: requires mine operators to make notification of all incidents/accidents which pose a reasonable risk of death within 15 minutes, and sets a civil penalty of $5,000 to $60,000 for mine operators who fail to do so; raises the criminal penalty cap to $250,000 for first offenses and $500,000 for second offenses, as well as raising the maximum civil penalty for flagrant violations to $220,000; and giving MSHA the power to request an injunction (shutting down a mine) in cases where the mine has refused to pay a final order MSHA penalty. Your comment?