Federal Metal and Nonmetallic Mine Safety Amendments

Summary

Federal Metal and Nonmetallic Mine Safety Amendments - Revises the existing Federal Metal and Nonmetallic Mine Safety Act. Adds new provisions, including a statement of congressional findings and purposes, to such Act. Inserts a "general duty" clause requiring each mine operator to furnish miners with employment and a place of employment which are free from hazards that are causing, or are likely to cause, death or injury. Requires the adoption of Federal mine safety standards and provides for promulgation of emergency temporary standards if the newly created Assistant Secretary of Labor for Metal and Nonmetallic Mine Safety determines that miners are exposed to grave danger from substances determined to be toxic or to cause injury, or from new hazards. Adds provisions allowing affected operators to apply for a variance from the established standards. Offers such operators an opportunity to participate in a hearing on the promulgation of standards. Sets forth instances when the Assistant Secretary may grant a variance. Authorizes the Secretary of Health, Education, and Welfare or the Assistant Secretary to inspect any mine subject to this Act. Provides that in making inspections and investigations the Assistant Secretary may require the testimony of witnesses and the production of evidence. Prohibits advance notice of inspections, providing penalties for violations of such prohibition. Provides for a comprehensive program of miner education in occupational safety and health, including access to information concerning the toxicity of materials to which miners may be exposed. Requires that regulations affecting operators shall be available at each mine. Entitles miners to compensation at a regular rate of pay when a mine is closed pursuant to the Act. Establishes the Federal Metal and Nonmetallic Mine Safety Commission, as an independent agency, to appoint hearing examiners (to adjudicate disputes under the Act) and to review the decisions of such examiners. Establishes, in the Department of Labor, an Office of the Assistant Secretary for Metal and Nonmetallic Mine Safety to be filled by Presidential appointment, by and with the advice and consent of the Senate. Creates the Advisory Committee on Metal and Nonmetallic Mine Health and Safety to consult with the Assistant Secretary and the Secretary of Health, Education, and Welfare on the administration of the Act. Transfers the administration of the Act from the Department of the Interior to the Department of Labor. Authorizes the transfer of personnel to the Department of Labor. Authorizes the appropriation of such sums as necessary to carry out the provisions of the Act.

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1 official file

• Introduced in House

  summary · EN · 1 December 1975

  Open at official source

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