Federal Mine Safety and Health Amendments

Federal Mine Safety and Health Amendments - Title I: Amendments to the General Provisions of the Federal Coal Mine Health and Safety Act of 1969 - Sets forth the definition of "mine" under this Act.

Transfers the functions of the Secretary of the Interior in developing health and safety standards to the Secretary of Labor.

Title II: Mine Safety and Health Standards Amendments - Revises title I of the Federal Coal Mine Health and Safety Act of 1969. Establishes the duty of: (1) each mine operator and miner to comply with the health and safety standards of this Act, and (2) each mine operator to furnish a place of employment free from recognized hazards.

Provides that the Secretary may by rule promulgate, modify, or revoke any health and safety standard.

Provides that the Secretary may request the recommendations of an advisory committee whenever he determines that a rule should be promulgated. Sets forth the time period for the reporting of any recommendations by the Committee. Prescribes procedures for publication and public hearings with respect to any rule proposed by the Secretary prior to its issuance.

Requires the Secretary, in promulgating standards, to set the standard which assures miners will not suffer impairment of health, functional capacity, or diminished life expectancy even if regularly exposed to the hazards throughout their working lives. Directs the Secretary to consider (1) the latest available scientific data in the field; (2) the feasibility of the standards; and (3) experience gained under this and other health and safety statutes.

Directs the Secretary, within two years of the effective date of this Act, to promulgate standards setting safe levels for exposure to all toxic materials or harmful physical agents to which miners are exposed and for which criteria documents have been issued.

Provides that any standard promulgated must prescribe the use of labels or other warnings necessary to ensure that miners are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment and proper conditions and precautions of safe use or exposure. Sets forth additional factors which must be prescribed in specified instances.

Requires that no safety or health standard promulgated under this Act shall reduce the protection afforded miners below that provided by any safety or health standard previously in effect.

States that where the Secretary determines that miners are potentially subjected to physical or mental impairment from exposure to toxic substances, he may promulgate an emergency standard. Sets forth the procedures for promulgation of such emergency standard.

Allows operators to apply to the Secretary for a temporary order permitting limited non-compliance with a standard. Specifies the circumstances under which such order shall be originally granted and renewed. Allows an operator to apply for a variance from a standard in order to participate in research.

Permits persons adversely affected by a standard to challenge its validity, within 60 days of its promulgation, in the appropriate U.S. Court of Appeals.

Empowers the Secretary to appoint advisory committees to assist and advise him. Sets forth the composition and compensation of the members of any such committee.

Authorizes the Secretary, or the Secretary of Health, Education and Welfare: (1) to enter any mine subject to this Act, and (2) to make reasonable inspections and investigations and to question privately employers, owners, operators, agents, or employees.

Requires inspections of underground mines at least four times a year. States that no advance notice of inspections shall be given.

Sets forth rules regarding the maintenance of records by operators with regard to work-related deaths, injuries, illness, miner exposure to toxic substances, and all accidents, except specified roof falls.

Provides that if any miner or their representative believes that a standard violation exists that threatens physical harm or that an imminent danger exists, he may request an inspection by the Secretary.

Requires the Secretary to provide a minimum of one spot inspection of all or part of a mine during every five working days at irregular intervals, if the mine contains some especially hazardous conditions.

Provides that if, upon inspection or investigation, the Secretary or his representative believes an operator has violated any standard, he shall issue a citation to the operator, describing the nature of the violation, and fixing a reasonable time for the violation's abatement. Prescribes rules governing (1) gross violations of standards; (2) follow-up inspections; and (3) withdrawal from the area of unabated violations of all but specified personnel.

Requires the Secretary to notify, within a reasonable time, an operator issued a citation of any penalty to be assessed, and that the operator has 15 working days to notify the Secretary that he wishes to contest the citation or proposed penalty.

Prohibits discharging, discriminating against, or interfering with the exercise of statutory rights by any mine employee or applicant for employment because he filed a complaint or instituted or caused to be instituted any proceeding under or related to this Act or testified or is about to testify for himself or others.

Provides that if an operator notifies the Secretary that he intends to contest a citation, the Secretary shall immediately so advise the Commission, which must then provide an opportunity for a hearing and issue an order affirming, modifying, or vacating the Secretary's order.

Permits any person adversely affected or aggrieved by an order of the Commission to obtain review of such order in any appropriate U.S. Court of Appeals and specifies the procedures to be followed after a petition for review is filed.

Provides procedures for counteracting dangerous conditions, including: (1) issuance of withdrawal orders barring all except specified persons from an area, and (2) issuance of notices where less than imminent dangers exist and investigations into such conditions.

Authorizes the Secretary to institute civil actions for relief, including a permanent or temporary injunction, in any appropriate United States district court whenever an operator or his agent: (1) violates or does not comply with any order or decision issued under this Act; (2) hinders the Secretary or the Secretary of Health, Education, and Welfare or their representatives in carrying out the provisions of the Act; (3) refuses to admit such representatives to the mine; (4) refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease related to such mine; (5) refuses to furnish any information or report requested in furtherance of this Act's provisions; or (6) refuses to permit access to and copying of such records as are necessary in carrying out provisions of this Act.

Provides that a civil penalty of up to $10,000 shall be assessed for each violation of any standard, rule, order or regulation promulgated pursuant to this Act.

Provides for a civil penalty of up to $1,000 per day for each day an operator fails to correct a violation of this Act after having been issued a citation for such violation.

Provides that any operator who willfully violates any standard shall upon conviction be punished by a fine of not more than $25,000 or imprisonment for not more than 1 year, or both. Sets forth additional penalties for specified violations of this Act.

Provides that if a mine is closed by an order issued under this Act, all miners working during the shift when the order was issued who are idled shall be entitled to full compensation at their regular rates of pay for the period they are idled, but not more than the balance of the shift.

Authorizes the Secretary to administer this Act through the Mine Safety and Health Administration.

Authorizes the appropriation of any moneys in the Treasury not otherwise appropriated that may be necessary to carry out the provisions of this title.

Title III: Relationship to Occupational Safety and Health Program - Provides that nothing in this Act applies the provisions of the Occupational Safety and Health Act of 1972 to the working conditions in the mines.

Increases the Occupational Safety and Health Review Commission from three to five members appointed by the President with the Senate's consent. Sets forth the duties and procedure for operation of the Commission.

Directs the Commission to prescribe rules of procedures for its review of decisions in cases under this Act and the Occupational Safety and Health Act of 1970 which shall meet specified standards for review.

Authorizes the National Institute for Occupational Safety and Health to conduct research related to the development of safety and health standards under this Act and to perform all functions with respect to mines that it performs with respect to employments subject to the Occupational Safety and Health Act of 1970.

Directs the Secretary to conduct a program of education and training for miners employed in mines subject to this Act. States that such program shall include publications and manuals explaining the health and safety standards of this Act.

Provides that the Secretary, in carrying out his functions under the Occupational Safety and Health Act of 1970, shall include accurate statistics on the work injuries and illnesses occurring in the mines.

States that nothing in this Act prohibits the application of the Occupational Safety and Health Act of 1970 to sand and gravel mines.

Title IV: Miscellaneous Provisions - Transfers the functions of the Secretary of the Interior under the Federal Coal Mine Health and Safety Act of 1969 and the Federal Metallic and Nonmetallic Mine Safety Act of 1966 to the Secretary of Labor, except those expressly transferred to the Commission or to the Secretary of Health, Education, and Welfare by this Act.

Provides that the mandatory and advisory standards relating to mines which are in effect on the date of enactment of this Act shall remain in effect as mandatory standards under Title I of this Act until the Secretary issues new or revised standards.

Establishes in the Labor Department a Mine Safety and Health Administration to be headed by an Administrator appointed by the President, with the Senate's advice and consent.

Provides that research activities relating to mine health will be carried out by the Secretary of Health, Education, and Welfare through the National Institute for Occupational Safety and Health, and the Secretary's research activities relating to safety are extended to all mines now covered by this Act.

Extends to all mines covered by this Act the Secretary of Health, Education, and Welfare's authorization to conduct studies and research involving the protection of life and prevention of diseases relating to certain non-miners who work with or around mine products.

Prescribes that any State law or regulation providing for health and safety standards applicable to any mine now covered by this Act and that: (1) is more stringent than Federal law; or (2) applies to any area not covered by Federal law, shall not be held to be in conflict with this Act.

Repeals the Federal Metal and Nonmetallic Mine Safety Act of 1966.