Thank you to Genoa Ingram and NSSGA for this important info:

CongressionalDemocrats Introduce Partisan Mine Safety Legislation; 
Bill Would Lump Aggregates Operations In With Coal Mine

- Plan To Rush The Bill Through The House Before End Of July -

Partisan mine safety legislation entitled the "Miner Safety and 
Health Act of 2010," H.R. 5663, was introduced on July 1 by 
House Education and Labor Committee Chairman George Miller 
(D-CA) and 17 Democratic co-sponsors (see below for complete list.)  
This bill makes no distinction between aggregates and the coal industry, 
posing a significant threat to our industry, which has shown a consistently 
improving safety record and a strong commitment to the safety of our employees.

Companion legislation from Senate Health, Education, Labor and 
Pensions (HELP) Committee Chairman Tom Harkin (D-IA), 
Senators Patty Murray (D-WA) and Jay Rockefeller (D-WV) 
is anticipated.  Senate HELP Committee members  
Mike Enzi (R-WY) and Johnny Isakson (R-GA) issued a 
statement protesting that mine safety, traditionally a bipartisan goal, 
has become partisan with Republicans shut out of discussions. 

The House Education and Labor Committee plans a July 13 hearing 
on the legislation and a July 15 markup of the bill.  This indicates the 
intent to rush this to a House floor vote sometime the following week 
before the House leaves for the August congressional recess.

BACKGROUND:

Following the tragic coal mine disaster in West Virginia on April 5th, 
the Executive Branch response, led by President Obama, has been that 
accountability is needed of both mine operators and the government. 
The president has stated that he looks forward to a full investigation 
of the disaster and (recognizing the pointed criticism that's been leveled 
at MSHA) he wants a review of the agency's operations.  Click for full text here.

On Capitol Hill, both the House and Senate held hearings on mine 
safety pursuant to the West Virginia tragedy and NSSGA submitted 
statements for the record.  NSSGA continues to meet with members 
of Congress and has been engaged in other efforts to impress upon 
them the differences between coal and aggregates production.

Preliminary review of the "discussion draft" of this bill suggests it is 
wrong-headed legislation in many ways - so much so that, despite all 
sympathies that we share for the victims of the West Virginia coal mine 
disaster and their families, this bill must not be enacted into law in its 
current form.  It is clear that this sweeping measure would, if enacted, 
pose a substantial threat to aggregates operators that could  
close facilities, bankrupt companies and even send corporate 
officers to jail. While the measure was described in benign terms as 
targeting "recidivist offenders" of mine safety rules, this bill as introduced 
will hit all operators very hard.

Among the most serious provisions are the following:

Overhaul of the pattern of violations to clarify ambiguity and to ensure  
that the nation's most dangerous mine operations improve safety dramatically
is laudable, but the pattern system contained in this bill is vague, penalties 
are doubled while a mine is on pattern status; the language states that - once 
a mine is placed on pattern - the entire mine would be shut down until it complies 
with an MSHA remediation order.   

The expansion of the definition of Significant and Substantial (S&S) to be 
applicable "if there is a reasonable possibility that such violation could result in 
injury, illness, or death" eliminates the requirement that an S&S violation 
be of a "reasonably serious nature" and could render most violations as warranting
S&S classification.  

Increases in maximum criminal and civil penalties, e.g., maximum civil penalty 
for S&S increases to $150,000.    

Reduces the threshold for criminal liability from "willful" to "knowing;" 
this is not defined and a first violation is now a felony; advance notice of inspections 
would become a felony.  

Charges pre-judgment interest (rather than escrow payments) for challenged 
citations.  

Provides for injunctive relief allowing the Secretary of Labor to close a facility 
if he or she determines there is "a course of conduct that in the judgment of the 
Secretary constitutes a continuing hazard to the Health or Safety of miners,
including violations of this Act or of mandatory Health and Safety standards 
or regulations under this Act."  

Expands Section 110(c) provisions dealing with personal liability to any officers, 
directors and agents of the company.

TAKE ACTION:

Visit NSSGA's Legislative Action Center and find out how you can 
connect with your members of Congress at their state and district offices!  

Please make every effort possible to meet with or call your members of Congress 
during the Fourth of July recess as this legislation is likely to reach the House 
floor quickly.  Tell them:

"One size does not fit all" when it comes to mine safety;  

The aggregates industry has a decade's worth of demonstrated 
commitment to safety;  

The industry has a very good safety record;  

Dramatic increases in penalty assessments just four years 
after passage of the MINER Act will likely have the effect of 
under-cutting work towards safety in the workplace; and  

The additional regulatory burdens requiring a focus on items 
that won't necessarily improve safety might actually make operations 
less safe, not more, for our industry's employees.

On April 8, Past NSSGA Chairman Louis Griesemer of Springfield 
Underground was interviewed by his local NBC News affiliate and he 
did an exemplary job of stating the aggregates industry's case 
effectively and convincingly.  Please click on the following link to view Louis' 
interview at http://www.ky3.com/news/local/90317357.html.

NATIONAL STONE, SAND & GRAVEL 
ASSOCIATION FACT SHEET

How Underground Aggregates (Stone) Mines 
Differ from Other Underground Mines

NOTE: Of the more than 10,000 aggregates facilities nationwide, 
only about one percent operate underground. 

Extracted aggregate product is non-combustible and non-flammable; 

No flammable gases such as methane are present; 

Most underground aggregate facilities are only a few hundred feet deep; 

The stable geologic formations result in a minimized need for additional 
roof supports; 

MSHA-approved (permissible) equipment is not required in stone facilities 
such that automobiles, haul trucks and loaders can be used; 

Extraction methods create large open spaces for easy access by oversized 
mobile equipment; 

Large mine openings accommodate emergency equipment used by outside 
emergency services; 

Increased ventilation due to large open spaces and different geology eliminates 
combustible dust potential; 

No rail man-ways or vertical man-lifts are needed to transport employees 
to/from working face of mine; standard modes of wheeled transportation apply 

Emergency escape and access is easier because of larger spaces in facility; 

Minimal need for certified mine rescue teams because local fire departments, 
or emergency services, are able to respond;   

Due to size of large open spaces, mining methods do not require 
remote-controlled operation of mining equipment; 

Mechanical mine ventilation usually not required or is minimal; 
natural ventilation works well.

List of House Co-Sponsors of H.R. 5663 - 
"Miner Safety and Health Act of 2010"

Rep Andrews, Robert E. [D-NJ-1]Rep Bishop, Timothy H. [D-NY-1] 
Rep Clarke, Yvette D. [D-NY-11]Rep Courtney, Joe [D-CT-2] 
Rep Grijalva, Raul M. [D-AZ-7]Rep Hare, Phil [D-IL-17] 
Rep Hirono, Mazie K. [D-HI-2]Rep Holt, Rush D. [D-NJ-12] 
Rep Kildee, Dale E. [D-MI-5]  Rep. Miller, George [D-CA-7] 
Rep Mollohan, Alan B. [D-WV-1]Rep Pierluisi, Pedro R. [D-PR] 
Rep Rahall, Nick J., II [D-WV-3]Rep Sestak, Joe [D-PA-7] 
Rep Shea-Porter, Carol [D-NH-1]Rep Shuler, Heath [D-NC-11] 
Rep Sutton, Betty [D-OH-13]Rep Woolsey, Lynn C. [D-CA-6]