1. HISTORY OF MINE SAFETY AND HEALTH LEGISLATION

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

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

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

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

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

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

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

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

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

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

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

13. MSHA Basics Seek judicial enforcement of its orders
Information about the Assistant Secretary
MSHA’s MISSION
MSHA’s Strategic Plan,

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

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

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

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

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

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

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