A bill to amend the Federal Mine Safety and Health Act of 1977 to extend the coverage of that Act to sand, gravel, and stone mines.
Sand, Gravel, and Stone Mine Safety and Health Act of 1984 - Amends the Federal Mine Safety and Health Act of 1977 to add a new title VI entitled "General- Sand, Gravel, and Stone Mines." Directs the Secretary of the Interior (the Secretary) to develop, and from time to time revise, and promulgate health and safety standards for the purpose of the protection of life, the promotion of health and safety, and the prevention of of accidents in sand, gravel, and stone mines (mines). Directs the Secretary to designate as mandatory standards those standards promulgated which deal with conditions or practices which could reasonably be expected to cause death or serious physical harm. Requires mine operators to comply with such mandatory standards. Requires the publication in the Federal Register of the proposed standards. Provides an opportunity to file objections, for public hearings, and judicial review.
Requires the Secretary, in promulgating mandatory standards dealing with toxic materials or harmful physical agents, to set standards which most adequately assure that no miner will suffer material impairment of health or functional capacity even if such miner has regular exposure to the hazards dealt with by such standard for the period of his or her working life. Requires the Secretary to consider the feasibility of the standards.
Directs the Secretary of Health and Human Services, for each toxic material or harmful physical agent which is used or found in a mine, to determine on a continuing basis whether such material or agent is potentially toxic at the concentrations in which it is used or found in a mine. Requires: (1) such determinations to be submitted to the Secretary; and (2) the Secretary to propose new standards if necessary.
Requires any mandatory health or safety standard to prescribe the use of labels or other appropriate forms of warning as are necessary to insure that miners are appraised of all hazards to which they are exposed, relevant symptoms and treatment, and proper conditions and precautions of safe use or exposure. Requires a mandatory standard, where appropriate, to provide that where a determination is made that a miner may suffer material impairment of health or functional capacity by reason of exposure to a covered hazard, then the miner shall be removed from such exposure and reassigned. Requires a miner so transferred to continue to receive pay at at least the same rate as was received prior to the transfer.
Prohibits any mandatory health or safety standard promulgated under this Act from reducing the protection afforded miners by an existing mandatory health or safety standard for stone, sand, or gravel.
Directs the Secretary to provide for an emergency temporary mandatory health or safety standard to take immediate effect upon publication in the Federal Register if: (1) miners are exposed to grave dangers; and (2) the emergency standard is necessary to protect miners from such dangers. Requires the Secretary to promulgate a mandatory health or safety standard no later than nine months after publication of the emergency temporary standard.
Authorizes the Secretary, upon the petition of an operator or the miners, to modify any mandatory health or safety standard for a mine if: (1) an alternative method exists of achieving the same results as the standard; or (2) the standard will make the mine less safe.
Permits any person who may be adversely affected by a mandatory health or safety standard promulgated under this Act to challenge the standard in U.S. district court.
Requires the Secretary to send a copy of every proposed mandatory health or safety standard to each mine operator and each representative of the miners.
Directs the Secretary to establish an advisory committee for assistance in the development of health and safety standards for sand, gravel, and stone mines and for advice on other matters relating to health and safety in such mines.
Directs the Secretary to: (1) assist mine operators in improving safety and health; (2) obtain, utilize, and disseminate information relating to health and safety conditions, the cause of accidents, and the causes of diseases and physical impairments originating in mines; and (3) gather information with respect to mandatory health or safety standards. Provides for: (1) enforcement inspections of mines; and (2) an inspection closeout conference at the conclusion of any enforcement inspection at which time all parties shall have an opportunity to discuss the inspection. Requires a copy of the inspection statement to be made available to both the miners and the mine operator. Provides for an informal health and safety conference if either the miners or operators are dissatisfied with the inspection closeout conference.
Requires the issuance of regulations requiring mine operators to maintain accurate records of employee exposures to potentially toxic materials which are required to be monitored. Requires such regulations to provide miners with an opportunity to observe the monitoring and to have access to the monitoring records. Requires operators to: (1) promptly notify any miner exposed to toxic materials exceeding prescribed levels; and (2) inform any miner of corrective actions being taken.
Provides both miners and operators an opportunity to accompany the Secretary on any physical inspection of a mine. Permits miners to request an inspection by the Secretary and requires that the names of those requesting an inspection not be made available to the operator.
Requires mine operators to: (1) maintain records and file reports as required by the Secretary or the Secretary of Health and Human Services; and (2) in the event of an accident, take appropriate measures to prevent the destruction of evidence.
Authorizes the Secretary, in the event of an accident, to take whatever action is appropriate to protect the life of any persons.
Directs the Secretary to issue a notice of violation to an operator if it is found that any mandatory health or safety standard has been violated, unless there is a violation that could be a significant safety and health hazard in which case a citation shall be issued. Requires a notice of violation or citation to allow a reasonable time for the abatement of the violation. Prohibits entry, except for certain necessary personnel, into an area described in a notice, if the violation has not been abated within the specified time period.
Prohibits entry into a mine by a miner who has not received requisite safety training.
Directs the Secretary after issuing a citation to notify the mine operator of the civil penalty proposed and the time period within which the operator must notify the Secretary as to whether or not the citation or penalty will be contested. Provides that if the operator does not contest, then the citation or penalty shall be deemed a final order. Permits granting temporary relief from any citation or order in certain instances.
Prohibits discrimination against any miner or applicant for mine employment because of filing or making a complaint about health or safety conditions at a mine. Permits a miner or applicant for mine employment to file a complaint with the Secretary if such miner or applicant has been the victim of such discrimination.
Permits review of orders issued under the Federal Mine Safety and Health Act of 1977 in the appropriate U.S. district court.
Prohibits entry, except for certain necessary personnel, into a mine area if an inspection or investigation reveals an imminent danger, until such imminent danger and the practices which caused such danger no longer exist.
Authorizes the Secretary to issue an injunction or to seek other appropriate relief whenever a mine operator: (1) violates or fails to comply with any order or decision issued under this Act; (2) interferes with those carrying out provisions of this Act; (3) refuses to admit the Secretary; (4) refuses to permit the inspection of the mine; (5) refuses to furnish requested information; or (6) refuses access to records.
Requires each mine to: (1) maintain an office with a conspicuous sign designating it as the the office of the mine; and (2) have a bulletin board in such office on which all orders, citations, notices and decisions required by law shall be posted.
Sets forth civil and criminal penalties applicable to individuals violating provisions of this Act.
Entitles miners prevented from working because of a mine being closed pursuant to provisions of this Act to their regular pay for the period the mine is closed.
Provides that the Federal Mine Safety and Health Review Commission shall have the same authority and responsibility over sand, gravel, and stone mines as it does over coal and other mines.
Authorizes appropriations.
Requires each mine to have a health and safety training program.
Authorizes the Secretary to make compliance assistance visits to any mine.
Permits State jurisdiction over any mine safety or health issue with respect to which there is no standard in effect under this Act. Permits any State desiring to assume responsibility for the development and enforcement of mine safety and health standards to submit its own plan to the Secretary for approval. Sets forth the requirements such a plan must meet. Directs the Secretary to make a continuing evaluation of each approved State's plan.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Referred to Subcommittee on Health and Safety.
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