Explanation by NSSGA's President Jennifer Joy Wilson: Underground and Above Ground Mines Separated in New Leglislation:

In what I would call at the least, an unexpected turnaround in approach, Chairman George Miller, following an NSSGA delegation meeting early yesterday evening, decided by 11:25pm last night to include a carve-out for all mining sectors including aggregates, from his bill.  His bill being marked up in the full House Education and Labor Committee today ONLY applies to underground coal and other underground mining with flammable gases.  The Committee just adjourned until 2pm when the roll call votes will occur (a presidential signing ceremony drew some of the committee Members away).

Rep. Tom Price (R-GA) opposed the carve-out, asking if it wouldn’t be more fair for any changes to MSHA law to apply to all mining sectors.  He was answered by Rep. David Wu (D-OR) who responded that he’d work with Price if Price wanted to include sand and gravel.   No other comments supporting Price’s point were made. 

This therefore is a significant victory for NSSGA leadership (especially the GA division-S&H Committee Task Force, the S&H Committee and ESH division leadership, some great input by Council of Counsel members and state association partners; the NSSGA staff who brought together the ad-hoc national coalition and have worked tirelessly with NSSGA member “weekend warriors” to exchange inputs back and forth with the also tireless committee staff).  Most important, we are grateful for all the critical grassroots and ‘grasstops’ calls from member after member, including non-members’ calls rallied at our request by the state aggregate associations.  We’ll you’re your help for similar if not more constituent support in the Senate.

NSSGA has removed from our legislative action center, our Action Alert to oppose the bill as amended by the Chairman’s mark (his amendment in the nature of a substitute).  We have not suggested support for the remnant bill (we would defer to the coal industry and NMA on how the amended provisions, which NSSGA has been reacting to and addressing throughout these past weeks/weekends and late evenings/early mornings,  impact the underground coal sector).

Commendations and gratitude to the down to earth eloquence and impactful reality check provided in person by our NSSGA member leaders,  who also up-ended their schedules yesterday to participate in the last-minute meeting with Chairman Miller:  Dave Thomey, Jim Venesky, and Mike Heenan.  I am so proud also of Joe Casper and Pam Whitted, of their teammates here in HQ and many many others that deserve our thanks.

I want to assure you, NSSGA never justified our position by defaming or scapegoating coal or any other industry sector. 

We based our position that none of this should apply to us, which we reiterated to the Chairman last evening in person and then by letter still later in the evening, to him and to all members on the committee as well as their appropriate staff .  To the letter we attached legal analysis of recent changes as well as our hearing statement, our hearing Statement, and language for a legislative approach (special thanks to Mark Savit) to carve us out by targeting the bill’s application to highest risk sector/operations,  because:

            a) aggregates achieved record safety and health levels in 09: our sector doesn’t deserve to be punished for those remarkable achievements and strong commitment to S&H improvements in future,

            b) aggregates operations were not and are not the provocation for the legislation; our risk profile is inherently different from other industries due to the nature of materials sought:  our underground stone mines don’t have flammable gases, or combustible dust; our underground stone mines are cavernous and stable vs. tunnels, etc.

            c) aggregates businesses coast to coast have been hit hard by the recession; our construction materials relate to the construction industries’ markets, and those industries continue to experience depression-level unemployment; 

            d) companies whose production is already cut way back, are already experiencing dramatically increased penalties despite record safety and health achievements, and are further deeply concerned by current inconsistent MSHA enforcement.  (Among many comments by the NSSGA delegation to the Chairman last evening, I explained that even  Joe Main declared a top priority of his is to resolve inconsistent enforcement…that NSSGA was working with MSHA to help identify and clarify ambiguities.) Therefore imposition of such new and far-reaching requirements on already heavily regulated companies so hard hit by recession and regulation, but also who are achieving great progress in S&H, could force some companies to reach a tipping point…risking more job losses etc.

Despite Ranking GOP member Kline (R-MN) remarks in his opening statement that the Republicans want the bill focused on worst offenders, there is no specific roll call vote to show bipartisan support for the carve-out in the Chairman’s mark.  Democrats on the Committee have thus far have opposed GOP attempts to remove OSHA from the bill. 

We will issue a press release after the Committee completes its voting.

Best regards and congratulations on your leadership, Joy

Jennifer Joy Wilson, President and CEO

National Stone, Sand and Gravel Association

1605 King Street, Alexandria, Virginia  22314

(703) 525-8788 - ph; (703) 525-7782 - fx

www.nssga.org


For actual voting HR 5663 voting records:  
HR 5663 Voting Records