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United States · Bill · HR

H.R. 5663 (111th)

Robert C. Byrd Miner Safety and Health Act of 2010

openUnited States· United States Congress· EN

Introduced

1 July 2010

Last action

29 July 2010 · Reported

Status

Placed on the Union Calendar, Calendar No. 334.

Sponsors

Rep. Miller, George [D-CA-7], Rep. Woolsey, Lynn C. [D-CA-6], Rep. Rahall, Nick J., II [D-WV-4], Joe Courtney, Rep. Mollohan, Alan B. [D-WV-1], Sen. Hirono, Mazie K. [D-HI], Rep. Sestak, Joe [D-PA-7], Rep. Andrews, Robert E. [D-NJ-1], Rep. Hare, Phil [D-IL-17], Carol Shea-Porter, Raúl Grijalva, Rep. Bishop, Timothy H. [D-NY-1], Rep. Sutton, Betty [D-OH-13], Yvette Clarke, Rep. Shuler, Heath [D-NC-11], Rescom. Pierluisi, Pedro R. [D-PR-At Large], Rep. Kildee, Dale E. [D-MI-7], Rep. Holt, Rush [D-NJ-12], Rep. Kucinich, Dennis J. [D-OH-10], Judy Chu, Rep. Costello, Jerry F. [D-IL-21], Rep. Baca, Joe [D-CA-43], Adam Schiff, LOUISE SLAUGHTER, Rep. Michaud, Michael H. [D-ME-2], Rep. Tierney, John F. [D-MA-6], Rep. Arcuri, Michael A. [D-NY-24], Rep. Towns, Edolphus [D-NY-11], Nydia Velázquez, ROBERT BRADY, Jared Polis, Zoe Lofgren, Rep. Hinchey, Maurice D. [D-NY-22], Chellie Pingree, Rep. Space, Zachary T. [D-OH-18], Rep. Filner, Bob [D-CA-51], Paul Tonko, Rep. Stark, Fortney Pete [D-CA-9], Linda Sánchez, Rep. Kagen, Steve [D-WI-8], Rep. Sanchez, Loretta [D-CA-46], Jerrold Nadler, Earl Blumenauer, Rep. Honda, Michael M. [D-CA-17], Rep. Chandler, Ben [D-KY-6], CAROLYN MALONEY, GENE GREEN, Rep. Berkley, Shelley [D-NV-1]

Subjects

Discovery layer

Source updated

14 January 2026

Official sourceDownload fileView documentsShare

Summary

Miner Safety and Health Act of 2010 - Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) issue citations and penalties in case of violations, and in cases involving possible criminal actions, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Prescribes requirements for mine operators having a pattern of recurring citations, withdrawal orders, accidents, injuries, or illnesses. Establishes in the Treasury the Mines in Pattern Status Inspection Fund for deposit of fees collected from mines in pattern (of violation) status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Prohibits an underground coal mine operator from discharging (or constructively discharging) a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is made aware, at the start of a shift, of current mine conditions. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. Amends the Occupational Safety and Health Act of 1970 to revise certain employee protections against discrimination. Prescribes an employee's victim rights before the Secretary or before the Occupational Safety and Health Review Commission with respect to: (1) inspections or investigations of employer violations of federal occupational safety and health standards; or (2) a work-related bodily injury or death. Prescribes administrative requirements for an employer's correction of a serious, willful, or repeated violation of federal occupational safety and health standards pending contest and procedures for a stay. Increases civil penalties for such violations. Subjects to certain increased criminal penalties an employer who knowingly violates a federal occupational safety and health standard, or regulation prescribed by such Act, that causes or contributes to the death of an employee. Adds penalties for a knowing violation that causes or contributes to serious bodily harm to any employee but does not cause any employee's death.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 1 July 2010

    Introduced

    Referred to the House Committee on Education and Labor.

    Source: IntroReferral

  2. 1 July 2010

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 1 July 2010

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 13 July 2010

    Committee

    Committee Hearings Held.

    Source: Committee

  5. 21 July 2010

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 17.

    Source: Committee

  6. 21 July 2010

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  7. 29 July 2010

    Calendars

    Placed on the Union Calendar, Calendar No. 334.

    Source: Calendars

  8. 29 July 2010

    Discharge

    Committee on Judiciary discharged.

    Source: Discharge

  9. 29 July 2010

    Committee

    Committee on Judiciary discharged.

    Source: Committee

  10. 29 July 2010

    Introduced

    Referred sequentially to the House Committee on the Judiciary for a period ending not later than July 29, 2010 consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.

    Source: IntroReferral

  11. 29 July 2010

    Reported

    Reported (Amended) by the Committee on 111-579, Part I.

    Source: Committee

  12. 29 July 2010

    Reported

    Reported (Amended) by the Committee on 111-579, Part I.

    Source: Committee

Votes

No vote records are attached yet.

Versions

Documents

6 official files

Reported in House (text)

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Sponsors

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Sources

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