Proposed mine safety bill draws criticism
A bill proposed by a local legislator intended to update the state’s mine safety laws is drawing criticism from local mine safety officials. The state Senate on Monday unanimously approved the bill crafted by state Sen. Richard J. Kasunic, D-Dunbar, which would update the state’s mine safety laws and regulations for the first time in more than four decades.
However, some mining officials are expressing concerns that the proposed legislation is essentially a step backward in some areas of mine safety.
Joseph R. Marcinek of Smock and chairman of the safety committee at Mine No. 84 in Eighty Four, Washington County, said that while the new bill is the right idea, the details of the legislation often miss the mark.
“The urgency to update an old law should be tempered with the need to improve the mining laws so that our miners can work in an improved working environment rather than taking steps backwards,” Marcinek said. “This urgent need to respond to recent tragedies at Sago, Aracoma, Darby and Crandall Canyon (mines) is real, but it should not be taken as an opportunity to eliminate past gains made with the blood of our ancestors.”
Kasunic has been working on Senate Bill 949 for six years. He began drafting the legislation in 2002 following the Quecreek Mine rescue in Somerset County.
Following the Quecreek rescue, which he called a “miracle,” Kasunic said that he recognized that the state laws were antiquated, so he decided to try and eliminate of some old laws and establish some new ones to make mines safer in the state.
“This has been a yeoman’s task going through this legislation,” Kasunic said. “It is a complete rewrite of mine safety laws. The idea of the bill is to protect the men and woman mining underground.”
The legislation includes requiring further distance between new mines and existing mines, as well as broadening the authority of state and federal mine safety agencies.
Kasunic said the bill also includes a call for better mine mapping, including a central map database, and establishing a funding mechanism for mine rescue crews for further protection and training.
Marcinek, who has worked in coal mines for 34 years, said that while Kasunic is working with safety officials and members of the United Mine Workers of America to try and address concerns in the legislation, he is concerned that the proposed bill will be passed without what he believes are necessary amendments.
Among his chief concerns, Marcinek said the proposed bill would reduce the required experience to become a certified mine official and increase the amount of methane allowed in an airway from 1 percent to 2 percent.
He said he also is concerned about the lack of regulations for emergency transportation for miners in case of an accident.
Additionally, Marcinek said he is concerned about a proposal in the new law that would allow miners to use certain open-air equipment to evacuate despite a recent National Institute for Occupational Safety and Health report that identified that nearly 50 miners have died because of explosions of intake air.
Kasunic said Wednesday that he believes there are three major issues of concern that are being negotiated between the UMWA and the coal operators.
“The UMWA has legitimate concerns, but unfortunately we weren’t able to come to an agreement between the coal operators and the mine workers yet,” Kasunic said. “We have been talking and negotiating for the last several months.”
The major concerns include walk-around rights for UMWA members when state inspectors visit a mine; the distance of the track in the mine in relation to emergency equipment and vehicles, and the definition of a “shift” for mine workers.
“The current law makes coal operators provide two separate openings to the surface that must be available at all times to go into or out of the mine,” Marcinek said. “The new law allows the operator to make one hole and separate it with a wall and call it two. What happens if a single fire occurs at the bottom of this hole?”
Marcinek said that essentially the bill does little to improve safety and much to allow coal operators to increase production.
“It is not an improvement but a great leap forward for the coal operators,” Marcinek said. It is a step backwards for the miner safety in many areas. We should not be bargaining away mine safety issues.”
However, Kasunic said he is hopeful that all parties involved can reach an agreement that will increase mine safety.
“We have these three issues that are hanging out there,” Kasunic said. “The mine workers are adamant trying to get something into the bill, trying to define these issues. Between now and when the House reviews the bill, we have the time and opportunities to find common ground. My challenge to the UMWA and the coal operators is to continue to meet and work to resolve the issue and get mine safety passed. At the end of the day, I want us to have the best mine safety law in the land.”
Following passage in the Senate Monday, the bill now moves to House for consideration.