II 

114TH CONGRESS 

1ST SESSION S. 1145 

To improve compliance with mine safety and health laws, empower miners 

to raise safety concerns, prevent future mine tragedies, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2015 

Mr. CASEY (for himself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To improve compliance with mine safety and health laws, 

empower miners to raise safety concerns, prevent future 

mine tragedies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Robert C. Byrd Mine Safety Protection Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 


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TITLE I—ADDITIONAL INSPECTION AND INVESTIGATION 

AUTHORITY 

Sec. 101. Independent accident investigations. 

Sec. 102. Subpoena authority and miner rights during inspections and investigations. 

Sec. 103. Designation of miner representative. 

Sec. 104. Additional amendments relating to inspections and investigations. 

TITLE II—ENHANCED ENFORCEMENT AUTHORITY 

Sec. 201. Technical amendment. 

Sec. 202. Procedures and criteria for determining a pattern of violations. 

Sec. 203. Injunctive authority. 

Sec. 204. Revocation of approval of plans. 

Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other 

mine program or plan. 

Sec. 206. GAO study on MSHA underground mine plan approval. 

TITLE III—PENALTIES 

Sec. 301. Civil penalties. 

Sec. 302. Civil and criminal liability of officers, directors, and agents. 

Sec. 303. Criminal penalties. 

Sec. 304. Commission review of penalty assessments. 

Sec. 305. Delinquent payments and prejudgment interest. 

TITLE IV—MINERS’ RIGHTS AND PROTECTIONS 

Sec. 401. Protection from retaliation. 

Sec. 402. Protection from loss of pay. 

Sec. 403. Underground coal miner employment standard for mines with patterns of violations. 

TITLE V—MODERNIZING HEALTH AND SAFETY STANDARDS 

Sec. 501. Pre-shift review of mine conditions. 

Sec. 502. Rock dust standards. 

Sec. 503. Atmospheric monitoring systems. 

Sec. 504. Study on respirable dust standards. 

Sec. 505. Refresher training on miners’ rights and responsibilities. 

Sec. 506. Authority to mandate additional training. 

Sec. 507. Brookwood-Sago Mine Safety Grants. 

Sec. 508. Certification of personnel. 

Sec. 509. Electronic records requirement. 

TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 

Sec. 601. Definitions. 

Sec. 602. Assistance to States. 

Sec. 603. Authorization of cooperative agreements by NIOSH Office of Mine 

Safety and Health. 

Sec. 604. Double encumbrance; succession plan. 

TITLE VII—AMENDMENTS TO THE OCCUPATIONAL SAFETY AND 

HEALTH ACT OF 1970 

Sec. 701. Coverage of public employees. 


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Sec. 702. Enhanced protections from retaliation. 

Sec. 703. Victims’ rights. 

Sec. 704. Correction of serious, willful, or repeated violations pending contest 

and procedures for a stay. 

Sec. 705. Conforming amendments. 

Sec. 706. Civil penalties. 

Sec. 707. Criminal penalties. 

Sec. 708. Penalties. 

Sec. 709. Effective date. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment is expressed as an amendment to 

4 a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the Fed6 eral Mine Safety and Health Act of 1977 (30 U.S.C. 801 

7 et seq.). 

8 TITLE I—ADDITIONAL INSPEC9 TION AND INVESTIGATION 

10 AUTHORITY 

11 SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS. 

12 (a) IN GENERAL.—Section 103(b) (30 U.S.C. 

13 813(b)) is amended by striking ‘‘(b) For the purpose’’ and 

14 inserting the following: 

15 ‘‘(b) ACCIDENT INVESTIGATIONS.— 

16 ‘‘(1) IN GENERAL.—For all accident investiga17 tions under this Act, the Secretary shall— 

18 ‘‘(A) determine why the accident occurred; 

19 ‘‘(B) determine whether there were viola20 tions of law, mandatory health or safety stand21 ards, or other requirements, and if there is eviVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 dence of conduct that may constitute a violation 

2 of Federal criminal law, the Secretary may 

3 refer such evidence to the Attorney General; 

4 and 

5 ‘‘(C) make recommendations to avoid any 

6 recurrence. 

7 ‘‘(2) INDEPENDENT ACCIDENT INVESTIGA8 TIONS.— 

9 ‘‘(A) IN GENERAL.—There shall be, in ad10 dition to an accident investigation under para11 graph (1), an independent investigation by an 

12 independent investigation panel (referred to in 

13 this subsection as the ‘Panel’) appointed under 

14 subparagraph (B) for— 

15 ‘‘(i) any accident involving 3 or more 

16 deaths; or 

17 ‘‘(ii) any accident that is of such se18 verity or scale for potential or actual harm 

19 that, in the opinion of the Secretary of 

20 Health and Human Services, the accident 

21 merits an independent investigation. 

22 ‘‘(B) APPOINTMENT.— 

23 ‘‘(i) IN GENERAL.—As soon as prac24 ticable after an accident described in sub25 paragraph (A), the Secretary of Health 


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1 and Human Services shall appoint 5 mem2 bers for the Panel required under this 

3 paragraph from among individuals who 

4 have expertise in accident investigations, 

5 mine engineering, or mine safety and 

6 health that is relevant to the particular in7 vestigation. 

8 ‘‘(ii) CHAIRPERSON.—The Panel shall 

9 include, and be chaired by, a representative 

10 from the Office of Mine Safety and Health 

11 Research, of the National Institute for Oc12 cupational Safety and Health (referred to 

13 in this subsection as ‘NIOSH’). 

14 ‘‘(iii) CONFLICTS OF INTEREST.— 

15 Panel members, and staff and consultants 

16 assisting the Panel with an investigation, 

17 shall be free from conflicts of interest with 

18 regard to the investigation, and be subject 

19 to the same standards of ethical conduct 

20 for persons employed by the Secretary of 

21 Health and Human Services. 

22 ‘‘(iv) COMPOSITION.—The Secretary 

23 of Health and Human Services shall ap24 point as members of the Panel— 


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1 ‘‘(I) 1 operator of a mine or indi2 vidual representing mine operators, 

3 and 

4 ‘‘(II) 1 representative of a labor 

5 organization that represents miners, 

6 and may not appoint more than 1 of either 

7 such individuals as members of the Panel. 

8 ‘‘(v) STAFF AND EXPENSES.—The Di9 rector of NIOSH (referred to in this sub10 section as the ‘Director’) shall designate 

11 NIOSH staff to facilitate the work of the 

12 Panel. The Director may accept as staff 

13 personnel on detail from other Federal 

14 agencies or reemploy annuitants. The de15 tail of personnel under this paragraph may 

16 be on a non-reimbursable basis, and such 

17 detail shall be without interruption or loss 

18 of civil service status or privilege. The Di19 rector shall have the authority to procure 

20 on behalf of the Panel such materials, sup21 plies or services, including technical ex22 perts, as requested in writing by a majority 

23 of the Panel. 

24 ‘‘(vi) COMPENSATION AND TRAVEL.— 

25 All members of the Panel who are officers 


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1 or employees of the United States shall 

2 serve without compensation in addition to 

3 that received for their services as officers 

4 or employees of the United States. Each 

5 Panel member who is not an officer or em6 ployee of the United States shall be com7 pensated at a rate equal to the daily equiv8 alent of the annual rate of basic pay pre9 scribed for level IV of the Executive Sched10 ule under section 5315 of title 5, United 

11 States Code, for each day (including travel 

12 time) during which such member is en13 gaged in the performance of duties of the 

14 Panel. The members of the Panel shall be 

15 allowed travel expenses, including per diem 

16 in lieu of subsistence, at rates authorized 

17 for employees of agencies under subchapter 

18 1 of chapter 57 of title 5, United States 

19 Code, while away from their homes or reg20 ular places of business in the performance 

21 of services for the Panel. 

22 ‘‘(C) DUTIES.—The Panel shall— 

23 ‘‘(i) assess and identify any factors 

24 that caused the accident, including defi25 ciencies in safety management systems, 


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1 regulations, enforcement, industry prac2 tices or guidelines, or organizational fail3 ures; 

4 ‘‘(ii) identify and evaluate any con5 tributing actions or inactions of— 

6 ‘‘(I) the operator; 

7 ‘‘(II) any contractors or other 

8 persons engaged in mining-related 

9 functions at the site; 

10 ‘‘(III) any State agency with 

11 oversight responsibilities; 

12 ‘‘(IV) any agency or office within 

13 the Department of Labor; 

14 ‘‘(V) the Federal Mine Safety 

15 and Health Review Commission; or 

16 ‘‘(VI) any other person or entity 

17 (including equipment manufacturers); 

18 ‘‘(iii) review the determinations and 

19 recommendations of the Secretary under 

20 paragraph (1); 

21 ‘‘(iv) prepare a report that— 

22 ‘‘(I) includes the findings regard23 ing the causal factors described in 

24 clauses (i) and (ii); 


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1 ‘‘(II) identifies any strengths and 

2 weaknesses in the Secretary’s inves3 tigation; and 

4 ‘‘(III) includes recommendations, 

5 including interim recommendations 

6 where appropriate, to industry, labor 

7 organizations, State and Federal 

8 agencies, or Congress, regarding pol9 icy, regulatory, enforcement, adminis10 trative, or other changes, which, in 

11 the judgment of the Panel, would pre12 vent a recurrence at other mines; and 

13 ‘‘(v) publish such findings and rec14 ommendations (excluding any portions 

15 which the Attorney General requests that 

16 the Secretary withhold in relation to a 

17 criminal referral) and hold public meetings 

18 to inform the mining community and fami19 lies of affected miners of the Panel’s find20 ings and recommendations. 

21 ‘‘(D) HEARINGS; APPLICABILITY OF CER22 TAIN FEDERAL LAW.—The Panel shall have the 

23 authority to conduct public hearings or meet24 ings, but shall not be subject to the Federal Ad25 visory Committee Act (5 U.S.C. App.). All pubVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 lic hearings of the Panel shall be subject to the 

2 requirements under section 552b of title 5, 

3 United States Code. 

4 ‘‘(E) MEMORANDUM OF UNDER5 STANDING.—Not later than 90 days after the 

6 date of enactment of the Robert C. Byrd Mine 

7 Safety Protection Act of 2015, the Secretary of 

8 Labor and the Secretary of Health and Human 

9 Services shall conclude and publically issue a 

10 memorandum of understanding that— 

11 ‘‘(i) outlines administrative arrange12 ments which will facilitate a coordination 

13 of efforts between the Secretary of Labor 

14 and the Panel, ensures that such Sec15 retary’s investigation under paragraph (1) 

16 is not delayed or otherwise compromised by 

17 the activities of the Panel, and establishes 

18 a process to resolve any conflicts between 

19 such investigations; 

20 ‘‘(ii) ensures that Panel members or 

21 staff will be able to participate in inves22 tigation activities (such as mine inspections 

23 and interviews) related to the Secretary of 

24 Labor’s investigation and will have full ac25 cess to documents that are assembled or 


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1 produced in such investigation, and en2 sures that the Secretary of Labor will 

3 make all of the authority available to such 

4 Secretary under this section to obtain in5 formation and witnesses which may be re6 quested by such Panel; and 

7 ‘‘(iii) establishes such other arrange8 ments as are necessary to implement this 

9 paragraph. 

10 ‘‘(F) PROCEDURES.—Not later than 90 

11 days after the date of enactment of the Robert 

12 C. Byrd Mine Safety Protection Act of 2015, 

13 the Secretary of Health and Human Services 

14 shall establish procedures to ensure the consist15 ency and effectiveness of Panel investigations. 

16 In establishing such procedures, such Secretary 

17 shall consult with independent safety investiga18 tion agencies, sectors of the mining industry, 

19 representatives of miners, families of miners in20 volved in fatal accidents, State mine safety 

21 agencies, and mine rescue organizations. Such 

22 procedures shall include— 

23 ‘‘(i) authority for the Panel to use evi24 dence, samples, interviews, data, analyses, 

25 findings, or other information gathered by 


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1 the Secretary of Labor, as the Panel deter2 mines valid; 

3 ‘‘(ii) provisions to ensure confiden4 tiality if requested by any witness, to the 

5 extent permitted by law, and prevent con6 flicts of interest in witness representation; 

7 and 

8 ‘‘(iii) provisions for preservation of 

9 public access to the Panel’s records 

10 through the Secretary of Health and 

11 Human Services. 

12 ‘‘(G) SUBPOENAS; WITNESSES; CON13 TEMPT.— 

14 ‘‘(i) SUBPOENA AUTHORITY.—For the 

15 purpose of making any investigation of any 

16 accident or other occurrence relating to 

17 health or safety in a coal or other mine 

18 under this paragraph, the Director shall at 

19 the request of a majority of the Panel, or 

20 upon the initiative of such Director, sign 

21 and issue subpoenas for the attendance 

22 and testimony of witnesses and the produc23 tion of relevant papers, books, and docu24 ments, and administer oaths. Witnesses 

25 summoned shall be paid the same fees and 


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1 mileage that are paid witnesses in the 

2 courts of the United States. 

3 ‘‘(ii) CONTUMACY.—In case of contu4 macy or refusal to obey a subpoena served 

5 upon any person under this section, the 

6 district court of the United States for any 

7 district in which such person is found or 

8 resides or transacts business, upon applica9 tion by the United States and after notice 

10 to such person, shall have jurisdiction to 

11 issue an order requiring such person to ap12 pear and give testimony before the Direc13 tor or Panel, or to appear and produce 

14 documents before the Director or Panel, or 

15 both, and any failure to obey such order of 

16 the court may be punished by such court 

17 as a contempt thereof. 

18 ‘‘(iii) ADDITIONAL INVESTIGATIVE AU19 THORITY.—In carrying out inspections and 

20 investigations under this subsection, the 

21 staff of the Director or Panel and attor22 neys representing the Director or Panel 

23 are authorized to question any individual 

24 privately. Under this subparagraph, any 

25 individual who is willing to speak with or 


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1 provide a statement to the Director or 

2 Panel’s staff or their attorneys, may do so 

3 without the presence, involvement, or 

4 knowledge of the operator or the operator’s 

5 agents or attorneys. The Director or Panel 

6 shall keep the identity of an individual pro7 viding such a statement confidential to the 

8 extent permitted by law. Nothing in this 

9 paragraph prevents any individual from 

10 being represented by that individual’s per11 sonal attorney or other representative. 

12 ‘‘(H) AUTHORIZATION OF APPROPRIA13 TIONS.—There is authorized to be appropriated 

14 to carry out this subsection such sums as may 

15 be necessary. 

16 ‘‘(3) POWERS AND PROCESSES.—For the pur17 pose’’. 

18 (b) REPORTING REQUIREMENTS.—Section 511(a) 

19 (30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 

20 the following: ‘‘the status of implementation of rec21 ommendations from each independent investigation panel 

22 under section 103(b) received in the preceding 5 years,’’. 


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1 SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR2 ING INSPECTIONS AND INVESTIGATIONS. 

3 Section 103(b) (30 U.S.C. 813(b)), as so amended, 

4 is further amended by adding at the end the following: 

5 ‘‘(4) ADDITIONAL POWERS.—For purposes of 

6 making inspections and investigations, the Secretary, 

7 or the Secretary’s designee, may sign and issue sub8 poenas for the attendance and testimony of wit9 nesses and the production of information, including 

10 all relevant data, papers, books, documents, and 

11 items of physical evidence, and may administer 

12 oaths. Witnesses summoned shall be paid the same 

13 fees that are paid witnesses in the courts of the 

14 United States. In carrying out inspections and inves15 tigations under this subsection, authorized rep16 resentatives of the Secretary and attorneys rep17 resenting the Secretary are authorized to question 

18 any individual privately. Under this section, any in19 dividual who is willing to speak with or provide a 

20 statement to such authorized representatives or at21 torneys representing the Secretary may do so with22 out the presence, involvement, or knowledge of the 

23 operator or the operator’s agents or attorneys. The 

24 Secretary shall keep the identity of an individual 

25 providing such a statement confidential to the extent 

26 permitted by law. Nothing in this paragraph preVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 vents any individual from being represented by that 

2 individual’s personal attorney or other representa3 tive.’’. 

4 SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 

5 Section 103(f) (30 U.S.C. 813(f)) is amended by in6 serting before the last sentence the following: ‘‘If any 

7 miner is entrapped, disabled, killed, or otherwise prevented 

8 as the result of an accident in such mine from designating 

9 such a representative directly, such miner’s closest relative 

10 may act on behalf of such miner in designating such a 

11 representative. If any miner is not currently working in 

12 such mine as the result of an accident in such mine, but 

13 would be currently working in such mine but for such acci14 dent, such miner may designate such a representative. A 

15 representative of miners shall have the right to participate 

16 in any accident investigation the Secretary initiates pursu17 ant to subsection (b), including the right to participate 

18 in investigative interviews and to review all relevant pa19 pers, books, documents, and records produced in connec20 tion with the accident investigation, unless the Secretary, 

21 in consultation with the Attorney General, excludes rep22 resentatives of miners from the investigation on the 

23 grounds that inclusion would interfere with or adversely 

24 impact a criminal investigation that is pending or under 

25 consideration.’’. 


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1 SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN2 SPECTIONS AND INVESTIGATIONS. 

3 (a) HOURS OF INSPECTIONS.—Section 103(a) (30 

4 U.S.C. 813(a)) is amended by inserting after the third 

5 sentence the following: ‘‘Such inspections shall be con6 ducted during the various shifts and days of the week dur7 ing which miners are normally present in the mine to en8 sure that the protections of this Act are afforded to all 

9 miners working all shifts.’’. 

10 (b) REVIEW OF PATTERN OF VIOLATIONS.—Section 

11 103(a) (30 U.S.C. 813(a)), as so amended, is further 

12 amended by inserting before the last sentence the fol13 lowing: ‘‘Upon request by an operator or authorized rep14 resentative of such operator, during the course of the in15 spections required to carry out the requirements of clauses 

16 (3) and (4) or (at the discretion of the Secretary) during 

17 the pre-inspection conference, the Secretary shall review 

18 with the appropriate mine officials the Secretary’s most 

19 recent determination regarding whether such operator has 

20 a pattern of violations under section 104(e) for the appli21 cable coal or other mine.’’. 

22 (c) INJURY AND ILLNESS REPORTING.—Section 

23 103(d) (30 U.S.C. 813(d)) is amended by striking the last 

24 sentence and inserting the following: ‘‘The records to be 

25 kept and made available by the operator of the mine shall 

26 include man-hours worked, and occupational injuries and 


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1 illnesses, of the miners employed by, or under the direction 

2 or authority of, such operator, and shall be maintained 

3 separately for each mine and be reported at a frequency 

4 determined by the Secretary, but not less than annually. 

5 Independent contractors (within the meaning of section 

6 3(d)) shall be responsible for reporting accidents, occupa7 tional injuries and illnesses, and man-hours worked for 

8 each mine with respect to the miners in their employ or 

9 under their direction or authority. Such independent con10 tractors shall so report at a frequency determined by the 

11 Secretary, but not less than annually. Reports or records 

12 of operators required and submitted to the Secretary 

13 under this subsection shall be signed and certified as accu14 rate and complete by a knowledgeable and responsible per15 son possessing a certification, registration, qualification, 

16 or other approval under section 118. Knowingly falsifying 

17 such reports or records shall be grounds for revoking such 

18 certification, registration, qualification, or other approval 

19 under the standards established under subsection (b)(1) 

20 of such section.’’. 

21 (d) ORDERS FOLLOWING AN ACCIDENT.—Section 

22 103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 

23 present,’’. 

24 (e) CONFLICT OF INTEREST IN THE REPRESENTA25 TION OF MINERS.—Section 103(a) (30 U.S.C. 813(a)), as 


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1 amended by this section, is further amended by adding 

2 at the end the following: ‘‘During inspections and inves3 tigations under this section, and during any litigation 

4 under this Act, no attorney shall represent or purport to 

5 represent both the operator of a coal or other mine and 

6 any other individual, unless such individual has knowingly 

7 and voluntarily waived all actual and reasonably foresee8 able conflicts of interest resulting from such representa9 tion. The Secretary is authorized to take such actions as 

10 the Secretary considers appropriate to ascertain whether 

11 such individual has knowingly and voluntarily waived all 

12 such conflicts of interest. If the Secretary finds that such 

13 an individual cannot be represented adequately by such 

14 an attorney due to such conflicts of interest, the Secretary 

15 may petition the appropriate United States district court 

16 which shall have jurisdiction to disqualify such attorney 

17 as counsel to such individual in the matter. The Secretary 

18 may make such a motion as part of an ongoing related 

19 civil action or as a miscellaneous action.’’. 

20 TITLE II—ENHANCED 

21 ENFORCEMENT AUTHORITY 

22 SEC. 201. TECHNICAL AMENDMENT. 

23 Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend24 ed— 

25 (1) in the first sentence— 


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1 (A) by striking ‘‘any mandatory health or 

2 safety standard’’ and inserting ‘‘any provision 

3 of this Act, including any mandatory health or 

4 safety standard or regulation promulgated 

5 under this Act’’; and 

6 (B) by striking ‘‘such mandatory health or 

7 safety standards’’ and inserting ‘‘such provi8 sions, regulations, or mandatory health or safe9 ty standards’’; and 

10 (2) in the second sentence, by striking ‘‘any 

11 mandatory health or safety standard’’ and inserting 

12 ‘‘any provision of this Act, including any mandatory 

13 health or safety standard or regulation promulgated 

14 under this Act,’’. 

15 SEC. 202. PROCEDURES AND CRITERIA FOR DETERMINING 

16 A PATTERN OF VIOLATIONS. 

17 Part 104 of chapter I of title 30, Code of Federal 

18 Regulations, as revised by the Federal Mine Safety and 

19 Health Administration and published at 78 Fed. Reg. 

20 5073 (January 23, 2013), shall have the force and effect 

21 of law and shall remain in effect subject to an Act of Con22 gress. 

23 SEC. 203. INJUNCTIVE AUTHORITY. 

24 Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended 

25 by striking ‘‘a pattern of violation of’’ and all that follows 


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1 and inserting ‘‘a course of conduct that in the judgment 

2 of the Secretary constitutes a continuing hazard to the 

3 health or safety of miners, including violations of this Act 

4 or of mandatory health or safety standards or regulations 

5 under this Act.’’. 

6 SEC. 204. REVOCATION OF APPROVAL OF PLANS. 

7 Section 105 (30 U.S.C. 815) is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); 

10 (2) in subsection (a), by striking ‘‘subsection 

11 (d)’’ and inserting ‘‘subsection (e)’’; and 

12 (3) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) REVOCATION OF APPROVAL OF PROGRAMS OR

15 PLANS.— 

16 ‘‘(1) REVOCATION.—If the Secretary finds that 

17 any program or plan of an operator, or part thereof, 

18 that was approved by the Secretary under this Act 

19 is based on inaccurate information or that cir20 cumstances that existed when such program or plan 

21 was approved have materially changed and that con22 tinued operation of such mine or an area of such 

23 mine under such program or plan constitutes a haz24 ard to the safety or health of miners, the Secretary 

25 shall revoke the approval of such program or plan. 


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1 ‘‘(2) WITHDRAWAL ORDERS.—Upon revocation 

2 of the approval of a program or plan under para3 graph (1), the Secretary may immediately issue an 

4 order requiring the operator to cause all persons, ex5 cept those persons referred to in section 104(c), to 

6 be withdrawn from such mine or an area of such 

7 mine, and to be prohibited from entering such mine 

8 or such area, until the operator has submitted and 

9 the Secretary has approved a new plan.’’. 

10 SEC. 205. CHALLENGING A DECISION TO APPROVE, MOD11 IFY, OR REVOKE A COAL OR OTHER MINE 

12 PROGRAM OR PLAN. 

13 Section 105(e) (30 U.S.C. 815(e)), as so redesignated 

14 by section 204(1), is amended by adding at the end the 

15 following: ‘‘In any proceeding in which a party challenges 

16 the Secretary’s decision whether to approve, modify, or re17 voke a coal or other mine program or plan under this Act, 

18 the Commission shall affirm the Secretary’s decision un19 less the challenging party establishes that such decision 

20 was arbitrary, capricious, an abuse of discretion, or other21 wise not in accordance with law.’’. 

22 SEC. 206. GAO STUDY ON MSHA UNDERGROUND MINE PLAN 

23 APPROVAL. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Comptroller General of the United States 


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1 shall provide a report to Congress on the timeliness of ap2 proval by the Mine Safety and Health Administration of 

3 plans, and amendments to such plans, for underground 

4 coal mines under the Federal Mine Safety and Health Act 

5 of 1977 (30 U.S.C. 801 et seq.), including— 

6 (1) factors that contribute to any delays in the 

7 approval of such plans; and 

8 (2) as appropriate, recommendations for im9 proving timeliness of plan review and for achieving 

10 prompt decisions regarding such approval. 

11 TITLE III—PENALTIES 

12 SEC. 301. CIVIL PENALTIES. 

13 (a) TARGETED PENALTIES.—Section 110(b) (30 

14 U.S.C. 820(b)) is amended by adding at the end the fol15 lowing: 

16 ‘‘(3) Any person may be assessed a civil penalty 

17 of not more than $220,000 for— 

18 ‘‘(A) any change to a ventilation system or 

19 ventilation control in a coal or other mine, 

20 where such ventilation system or control is re21 quired by a ventilation plan, safety standard, or 

22 order, and such change is made without prior 

23 approval of the Secretary and diminishes the 

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1 ments of the approved ventilation plan or appli2 cable safety standard or order; 

3 ‘‘(B) a violation of a mandatory health or 

4 safety standard requiring rock dusting in a coal 

5 mine; 

6 ‘‘(C) a violation of the prohibition under 

7 section 103 on providing advance notice of an 

8 inspection; or 

9 ‘‘(D) a violation of a mandatory health or 

10 safety standard requiring examinations of work 

11 areas in an underground coal mine.’’. 

12 (b) INCREASED CIVIL PENALTIES FOR PATTERNS OF

13 VIOLATIONS.—Section 110(b) (30 U.S.C. 820(b)), as so 

14 amended, is further amended by adding at the end the 

15 following: 

16 ‘‘(4) Notwithstanding any other provision of this Act, 

17 an operator of a coal or other mine that has established 

18 a pattern of violations under section 104(e) shall be as19 sessed an increased civil penalty for any violation of this 

20 Act, including any mandatory health or safety standard 

21 or regulation promulgated under this Act. Such increased 

22 penalty shall be twice the amount that would otherwise 

23 be assessed for the violation under this Act, including the 

24 regulations promulgated under this Act, subject to the 


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1 maximum civil penalty established for the violation under 

2 this Act.’’. 

3 (c) CIVIL PENALTY FOR RETALIATION.—Section 

4 110(a) (30 U.S.C. 820(a)) is amended— 

5 (1) by redesignating paragraph (4) as para6 graph (5); and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) If any person violates section 105(c), the Sec10 retary shall propose, and the Commission shall assess, a 

11 civil penalty of not less than $10,000 or more than 

12 $100,000 for the first occurrence of such violation, and 

13 not less than $20,000 or more than $200,000 for any sub14 sequent violation, during any 3-year period.’’. 

15 (d) TECHNICAL CORRECTION.—Section 110(a)(1) 

16 (30 U.S.C. 820(a)(1)) is amended by inserting ‘‘including 

17 any regulation promulgated under this Act,’’ after ‘‘this 

18 Act,’’. 

19 SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DI20 RECTORS, AND AGENTS. 

21 Section 110(c) (30 U.S.C. 820(c)) is amended to read 

22 as follows: 

23 ‘‘(c) CIVIL AND CRIMINAL LIABILITY OF OFFICERS, 

24 DIRECTORS, AND AGENTS.— 


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1 ‘‘(1) CIVIL PENALTIES.—Whenever an operator 

2 engages in conduct for which the operator is subject 

3 to a civil penalty under this section, any director, of4 ficer, or agent of such operator who knowingly au5 thorizes, orders, or carries out such conduct, or who 

6 knowingly authorizes, orders, or carries out any pol7 icy or practice that results in such conduct (having 

8 reason to believe such a result would occur), shall be 

9 subject to the same civil penalty under this section 

10 as such operator. 

11 ‘‘(2) CRIMINAL PENALTIES.—Whenever an op12 erator engages in conduct for which the operator is 

13 subject to a criminal penalty under subsection (d), 

14 any director, officer, or agent of such operator who 

15 knowingly authorizes, orders, or carries out such 

16 conduct, or who knowingly authorizes, orders, or 

17 carries out a policy or practice that results in such 

18 conduct (knowing that such a result would occur), 

19 shall be subject to the same penalty under para20 graph (1), (2), or (3) of subsection (d) as such oper21 ator.’’. 

22 SEC. 303. CRIMINAL PENALTIES. 

23 (a) IN GENERAL.—Section 110(d) (30 U.S.C. 

24 820(d)) is amended to read as follows: 

25 ‘‘(d) CRIMINAL PENALTIES.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 any operator shall, upon conviction, be assessed a 

3 fine of not more than $250,000, imprisoned for not 

4 more than 1 year, or both, if such operator know5 ingly— 

6 ‘‘(A) violates a mandatory health or safety 

7 standard; or 

8 ‘‘(B) violates (or fails or refuses to comply 

9 with) any order issued under section 104 or 

10 107, or any order incorporated in a final deci11 sion issued under this Act (except an order in12 corporated in a decision under subsection (a)(1) 

13 or section 105(c)). 

14 ‘‘(2) PREVIOUS CONVICTION.—Any operator 

15 who commits a violation under paragraph (1) after 

16 having been previously convicted of a violation under 

17 such paragraph and knows or has reason to know 

18 that such subsequent violation has the potential to 

19 expose a miner to a risk of serious injury, serious ill20 ness, or death, shall, upon such subsequent convic21 tion, be fined not more than $1,000,000, or impris22 oned for not more than 5 years, or both. 

23 ‘‘(3) SIGNIFICANT RISK OF SERIOUS INJURY, 

24 SERIOUS ILLNESS, OR DEATH.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), any operator shall, upon conviction, 

3 be fined not more than $1,000,000 or impris4 oned for not more than 5 years, or both, if such 

5 operator recklessly exposes a miner to a signifi6 cant risk of serious injury, serious illness, or 

7 death, by knowingly— 

8 ‘‘(i) tampering with or disabling a re9 quired safety device (except with express 

10 authorization from the Secretary); 

11 ‘‘(ii) violating a mandatory health or 

12 safety standard; or 

13 ‘‘(iii) violating (or failing or refusing 

14 to comply with) an order issued under sec15 tion 104 or 107, or any order incorporated 

16 in a final decision issued under this Act 

17 (except an order incorporated in a decision 

18 under subsection (a)(1) or section 105(c)). 

19 ‘‘(B) EXCEPTION.—Any operator who com20 mits a violation under subparagraph (A) after 

21 having been previously convicted of a violation 

22 under such subparagraph shall, upon such sub23 sequent conviction, be fined not more than 

24 $2,000,000, or imprisoned for not more than 

25 10 years, or both. 


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1 ‘‘(4) INTERFERENCE WITH EMPLOYMENT OR

2 LIVELIHOOD.— 

3 ‘‘(A) IN GENERAL.—Any operator shall be 

4 fined under title 18, United States Code, im5 prisoned for not more than 5 years, or both, if 

6 such operator knowingly, and with any intent 

7 described in subparagraph (B), interferes with 

8 the lawful employment or livelihood of a person, 

9 or the spouse, sibling, child, or parent of a per10 son, because such person, spouse, sibling, child, 

11 or parent provides information, in reasonable 

12 belief that such information is true and related 

13 to an apparent health or safety violation (or to 

14 an apparent unhealthy or unsafe condition, pol15 icy, or practice) under this Act, to an author16 ized representative of the Secretary, to a State 

17 or local mine safety or health officer or official, 

18 or to any other law enforcement officer or offi19 cial. 

20 ‘‘(B) INTENT.—The intent required under 

21 subparagraph (A) is the intent to— 

22 ‘‘(i) retaliate against a person, spouse, 

23 sibling, child, or parent described in such 

24 subparagraph; or 


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1 ‘‘(ii) prevent such person, spouse, sib2 ling, child, or parent from providing the in3 formation as described in such subpara4 graph.’’. 

5 (b) ADVANCE NOTICE OF INSPECTIONS.— 

6 (1) IN GENERAL.—Section 110(e) (30 U.S.C. 

7 820(e)) is amended to read as follows: 

8 ‘‘(e) ADVANCE NOTICE OF INSPECTIONS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 any person (other than the Secretary of Health and 

11 Human Services with respect to inspections under 

12 clauses (1) and (2) of section 103(a)) who know13 ingly, with the intent to give advance notice of an 

14 inspection conducted, or to be conducted, under this 

15 Act and thereby with the intent to impede, interfere 

16 with, or frustrate such inspection, engages in, or di17 rects another person to engage in, conduct that a 

18 reasonable person would expect to result in such ad19 vance notice, shall be fined under title 18, United 

20 States Code, imprisoned for not more than 5 years, 

21 or both. 

22 ‘‘(2) OFFENSE BY A MINER.—Any miner (other 

23 than a director, officer, or agent of the operator in24 volved) who commits the offense described in para25 graph (1) at the direction of a superior shall be 


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1 fined under title 18, United States Code, imprisoned 

2 not more than 1 year, or both, unless such miner 

3 commits a subsequent offense under this subsection 

4 (without regard to whether the offense was com5 mitted at the direction of a superior) in which case 

6 such miner shall be fined for such subsequent of7 fense under title 18, United States Code, imprisoned 

8 for not more than 5 years, or both.’’. 

9 (2) POSTING OF ADVANCE NOTICE PEN10 ALTIES.—Section 109 (30 U.S.C. 819) is amended 

11 by adding at the end the following: 

12 ‘‘(e) POSTING OF ADVANCE NOTICE PENALTIES.— 

13 Each operator of a coal or other mine shall post, on the 

14 bulletin board described in subsection (a) and in a con15 spicuous place near each staffed entrance to the mine 

16 property, a notice stating, in a form and manner to be 

17 prescribed by the Secretary— 

18 ‘‘(1) that it is unlawful under section 110(e) for 

19 any person (other than the Secretary of Health and 

20 Human Services with respect to inspections under 

21 clauses (1) and (2) of section 103(a)), with the in22 tent to impede, interfere with, or frustrate an in23 spection conducted or to be conducted under this 

24 Act, to engage in, or direct another person to engage 

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1 pect to result in advance notice of such inspection; 

2 and 

3 ‘‘(2) the maximum penalties for a violation 

4 under section 110(e).’’. 

5 SEC. 304. COMMISSION REVIEW OF PENALTY ASSESS6 MENTS. 

7 Section 110(i) (30 U.S.C. 820(i)) is amended by 

8 striking ‘‘In assessing civil monetary penalties, the Com9 mission shall consider’’ and inserting the following: ‘‘In 

10 any review of a citation and proposed penalty assessment 

11 contested by an operator, the Commission shall assess not 

12 less than the penalty derived by using the same method13 ology (including any point system) prescribed in regula14 tions under this Act, so as to ensure consistency in oper15 ator penalty assessments, except that the Commission may 

16 assess a penalty for less than the amount that would result 

17 from the utilization of such methodology if the Commis18 sion finds that there are extraordinary circumstances. If 

19 there is no such methodology prescribed for a citation or 

20 there are such extraordinary circumstances, the Commis21 sion shall assess the penalty by considering’’. 

22 SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT IN23 TEREST. 

24 (a) PRE-FINAL ORDER INTEREST.—Section 110(j) 

25 (30 U.S.C. 820(j)) is amended by striking the second and 


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1 third sentences and inserting the following: ‘‘Pre-final 

2 order interest on such penalties shall begin to accrue on 

3 the date the operator contests a citation issued under this 

4 Act, including any mandatory health or safety standard 

5 or regulation promulgated under this Act, and shall end 

6 upon the issuance of the final order. Such pre-final order 

7 interest shall be calculated at the current underpayment 

8 rate determined by the Secretary of the Treasury pursu9 ant to section 6621 of the Internal Revenue Code of 1986, 

10 and shall be compounded daily. Post-final order interest 

11 shall begin to accrue 30 days after the date a final order 

12 of the Commission or the court is issued, and shall be 

13 charged at the rate of 8 percent per annum.’’. 

14 (b) ENSURING PAYMENT OF PENALTIES.— 

15 (1) AMENDMENTS.—Section 110 (30 U.S.C. 

16 820) is further amended— 

17 (A) by redesignating subsection (l) as sub18 section (m); and 

19 (B) by inserting after subsection (k) the 

20 following: 

21 ‘‘(l) ENSURING PAYMENT OF PENALTIES.— 

22 ‘‘(1) DELINQUENT PAYMENT LETTER.—If the 

23 operator of a coal or other mine fails to pay any civil 

24 penalty assessment that has become a final order of 

25 the Commission or a court within 45 days after such 


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1 assessment became a final order, the Secretary shall 

2 send the operator a letter advising the operator of 

3 the consequences under this subsection of such fail4 ure to pay. The letter shall also advise the operator 

5 of the opportunity to enter into or modify a payment 

6 plan with the Secretary based upon a demonstrated 

7 inability to pay, the procedure for entering into such 

8 plan, and the consequences of not entering into or 

9 not complying with such plan. 

10 ‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL11 URE TO PAY.—If an operator that receives a letter 

12 under paragraph (1) has not paid the assessment by 

13 the date that is 180 days after such assessment be14 came a final order and has not entered into a pay15 ment plan with the Secretary, the Secretary shall 

16 issue an order requiring such operator to cause all 

17 persons, except those referred to in section 104(c), 

18 to be withdrawn from, and to be prohibited from en19 tering, the mine that is covered by the final order 

20 described in paragraph (1), until the operator pays 

21 such assessment in full (including interest and ad22 ministrative costs) or enters into a payment plan 

23 with the Secretary. If such operator enters into a 

24 payment plan with the Secretary and at any time 

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1 ment plan, the Secretary shall issue an order requir2 ing such operator to cause all persons, except those 

3 referred to in section 104(c), to be withdrawn from 

4 the mine that is covered by such final order, and to 

5 be prohibited from entering such mine, until the op6 erator rectifies the noncompliance with the payment 

7 plan in the manner specified in such payment 

8 plan.’’. 

9 (2) APPLICABILITY AND EFFECTIVE DATE.— 

10 The amendments made by paragraph (1) shall apply 

11 to all unpaid civil penalty assessments under the 

12 Federal Mine Safety and Health Act of 1977 (30 

13 U.S.C. 801 et seq.), except that, for any unpaid civil 

14 penalty assessment that became a final order of the 

15 Commission or a court before the date of enactment 

16 of this Act, the time periods under section 110(l) of 

17 the Federal Mine Safety and Health Act of 1977 

18 (30 U.S.C. 820(l)), as so amended, shall be cal19 culated as beginning on the date of enactment of 

20 this Act instead of on the date of the final order. 

21 TITLE IV—MINERS’ RIGHTS AND 

22 PROTECTIONS 

23 SEC. 401. PROTECTION FROM RETALIATION. 

24 Section 105(c) (30 U.S.C. 815(c)) is amended to read 

25 as follows: 


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1 ‘‘(c) PROTECTION FROM RETALIATION.— 

2 ‘‘(1) RETALIATION PROHIBITED.— 

3 ‘‘(A) RETALIATION FOR COMPLAINT OR

4 TESTIMONY.—No person shall discharge or in 

5 any manner discriminate against, cause to be 

6 discharged or cause discrimination against, or 

7 otherwise interfere with the exercise of the stat8 utory rights of any miner or other employee of 

9 an operator, representative of miners, or appli10 cant for employment at a mine of such operator 

11 (including the spouse, sibling, child, or parent 

12 of such miner, employee, representative, or ap13 plicant, if such spouse, sibling, child, or parent 

14 is employed or applying for employment at a 

15 mine under the control of such operator), be16 cause— 

17 ‘‘(i) such miner, employee, representa18 tive, or applicant— 

19 ‘‘(I) has filed or made a com20 plaint, or is about to file or make a 

21 complaint, including a complaint noti22 fying such operator or the operator’s 

23 agent, or the representative of the 

24 miners at such mine, of an alleged 


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1 danger or safety or health violation in 

2 such mine; 

3 ‘‘(II) has instituted or caused to 

4 be instituted, or is about to institute 

5 or cause to be instituted, any pro6 ceeding under or related to this Act; 

7 ‘‘(III) has testified, or is about to 

8 testify in any such proceeding or tes9 tify before Congress or in any Federal 

10 or State proceeding related to safety 

11 or health in a coal or other mine; 

12 ‘‘(IV) has exercised on behalf of 

13 any individual, including such miner, 

14 employee, representative, or applicant, 

15 any such statutory right; 

16 ‘‘(V) has reported to such oper17 ator or agent any injury or illness; or 

18 ‘‘(VI) has refused to violate any 

19 provision of this Act, including any 

20 mandatory health or safety standard 

21 or regulation; 

22 ‘‘(ii) such miner is the subject of med23 ical evaluations and potential transfer 

24 under a standard published pursuant to 

25 section 101; or 


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1 ‘‘(iii) where the discharge, discrimina2 tion, or other retaliation was based on a 

3 suspicion or belief that such miner, em4 ployee, representative, or applicant en5 gaged in, or is about to engage in, any of 

6 the activities described in clause (i). 

7 ‘‘(B) RETALIATION FOR REFUSAL TO PER8 FORM DUTIES.— 

9 ‘‘(i) IN GENERAL.—No person shall 

10 discharge or in any manner discriminate 

11 against a miner or other employee of an 

12 operator, or applicant for employment at a 

13 mine of such operator, for refusing to per14 form the duties of a miner, other employee, 

15 or applicant if such miner, other employee, 

16 or applicant has a good-faith and reason17 able belief that performing such duties 

18 would pose a safety or health hazard to 

19 such miner, other employee, or applicant, 

20 or to any other miner or employee. 

21 ‘‘(ii) STANDARD.—For purposes of 

22 clause (i), the circumstances causing the 

23 miner’s, other employee’s, or applicant’s 

24 good-faith belief that performing such du25 ties would pose a safety or health hazard 


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1 shall be of such a nature that a reasonable 

2 person, under the circumstances con3 fronting the miner, other employee, or ap4 plicant, would conclude that there is such 

5 a hazard. In order to qualify for protection 

6 under this paragraph, the miner, other em7 ployee, or applicant, when practicable, shall 

8 have communicated or attempted to com9 municate the safety or health concern to 

10 the operator and have not received from 

11 the operator a response reasonably cal12 culated to allay such concern. 

13 ‘‘(2) COMPLAINT.—Any miner or other em14 ployee of an operator, representative of miners, or 

15 applicant for employment at a mine of such operator 

16 who believes that he or she has been discharged, dis17 ciplined, or otherwise discriminated against by any 

18 person in violation of paragraph (1) may file a com19 plaint with the Secretary alleging such discrimina20 tion not later than 180 days after the later of— 

21 ‘‘(A) the last date on which an alleged vio22 lation of paragraph (1) occurs; or 

23 ‘‘(B) the date on which such miner, em24 ployee, representative, or applicant knows or 


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1 should reasonably have known that such alleged 

2 violation occurred. 

3 ‘‘(3) INVESTIGATION AND HEARING.— 

4 ‘‘(A) COMMENCEMENT OF INVESTIGATION

5 AND INITIAL DETERMINATION.—Upon receipt 

6 of a complaint under paragraph (2), the Sec7 retary shall— 

8 ‘‘(i) forward a copy of the complaint 

9 to the respondent; 

10 ‘‘(ii) commence an investigation with11 in 15 days of the Secretary’s receipt of the 

12 complaint; and 

13 ‘‘(iii) as soon as practicable after com14 mencing the investigation under clause (ii), 

15 make the determination required under 

16 subparagraph (B). 

17 ‘‘(B) REINSTATEMENT.—If the Secretary 

18 finds that a complaint under paragraph (2) was 

19 not frivolously brought, the Commission, on an 

20 expedited basis upon application of the Sec21 retary, shall order the immediate reinstatement 

22 of the miner, employee, or representative de23 scribed in such paragraph until there has been 

24 a final Commission order disposing of the un25 derlying complaint. If either the Secretary or 


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1 such miner, employee, or representative pursues 

2 the underlying complaint, such reinstatement 

3 shall remain in effect until the Commission has 

4 disposed of such complaint on the merits, re5 gardless of whether the Secretary pursues such 

6 complaint by filing a complaint under subpara7 graph (D) or the miner or other employee pur8 sues such complaint by filing an action under 

9 paragraph (4). If neither the Secretary nor 

10 such miner, employee, or representative pursues 

11 the underlying complaint within the periods 

12 specified in paragraph (4), such reinstatement 

13 shall remain in effect until such time as the 

14 Commission may, upon motion of the operator 

15 and after providing notice and an opportunity 

16 to be heard to the parties, vacate such com17 plaint for failure to prosecute. 

18 ‘‘(C) INVESTIGATION.—Such investigation 

19 shall include interviewing the complainant 

20 and— 

21 ‘‘(i) providing the respondent an op22 portunity to submit to the Secretary a 

23 written response to the complaint and to 

24 present statements from witnesses or pro25 vide evidence; and 


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1 ‘‘(ii) providing the complainant an op2 portunity to receive any statements or evi3 dence provided to the Secretary and to 

4 provide additional information or evidence, 

5 or to rebut any statements or evidence. 

6 ‘‘(D) ACTION BY THE SECRETARY.—If, 

7 upon such investigation, the Secretary deter8 mines that the provisions of this subsection 

9 have been violated, the Secretary shall imme10 diately file a complaint with the Commission, 

11 with service upon the alleged violator and the 

12 miner, employee, representative, or applicant 

13 described in paragraph (2) alleging such dis14 crimination or interference and propose an 

15 order granting appropriate relief. 

16 ‘‘(E) ACTION OF THE COMMISSION.—The 

17 Commission shall afford an opportunity for a 

18 hearing on the record (in accordance with sec19 tion 554 of title 5, United States Code, but 

20 without regard to subsection (a)(3) of such sec21 tion) and thereafter shall issue an order, based 

22 upon findings of fact, affirming, modifying, or 

23 vacating the Secretary’s proposed order, or di24 recting other appropriate relief. Such order 

25 shall become final 30 days after its issuance. 


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1 The complaining miner, employee, representa2 tive, or applicant described in paragraph (2) 

3 may present additional evidence on his or her 

4 own behalf during any hearing held pursuant to 

5 this paragraph. 

6 ‘‘(F) RELIEF.—The Commission shall have 

7 authority in such proceedings to require a per8 son committing a violation of this subsection to 

9 take such affirmative action to abate the viola10 tion and prescribe a remedy as the Commission 

11 considers appropriate, including— 

12 ‘‘(i) the rehiring or reinstatement of 

13 the miner, employee, or representative de14 scribed in paragraph (2) with back pay 

15 and interest and without loss of position or 

16 seniority, and restoration of the terms, 

17 rights, conditions, and privileges associated 

18 with the complainant’s employment; 

19 ‘‘(ii) any other compensatory and con20 sequential damages sufficient to make the 

21 complainant whole, and exemplary dam22 ages where appropriate; and 

23 ‘‘(iii) expungement of all warnings, 

24 reprimands, or derogatory references that 

25 have been placed in paper or electronic 


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1 records or databases of any type relating 

2 to the actions by the complainant that 

3 gave rise to the unfavorable personnel ac4 tion, and, at the complainant’s direction, 

5 transmission of a copy of the decision on 

6 the complaint to any person whom the 

7 complainant reasonably believes may have 

8 received such unfavorable information. 

9 ‘‘(4) NOTICE TO AND ACTION OF COMPLAIN10 ANT.— 

11 ‘‘(A) NOTICE TO COMPLAINANT.—Not 

12 later than 90 days after the receipt of a com13 plaint filed under paragraph (2), the Secretary 

14 shall notify, in writing, the miner, employee, 

15 representative, or applicant described in para16 graph (2) of the determination of such Sec17 retary on whether a violation has occurred. 

18 ‘‘(B) ACTION OF COMPLAINANT.—If the 

19 Secretary, upon investigation, determines that 

20 the provisions of this subsection have not been 

21 violated, the complainant shall have the right, 

22 within 30 days after receiving notice of the Sec23 retary’s determination, to file an action in his 

24 or her own behalf before the Commission, 


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1 charging discrimination or interference in viola2 tion of paragraph (1). 

3 ‘‘(C) HEARING AND DECISION.—The Com4 mission shall afford an opportunity for a hear5 ing on the record (in accordance with section 

6 554 of title 5, United States Code, but without 

7 regard to subsection (a)(3) of such section), 

8 and thereafter shall issue an order, based upon 

9 findings of fact, dismissing or sustaining the 

10 complainant’s charges and, if the charges are 

11 sustained, granting such relief as it deems ap12 propriate as described in paragraph (3)(F). 

13 Such order shall become final 30 days after its 

14 issuance. 

15 ‘‘(5) BURDEN OF PROOF.—In adjudicating a 

16 complaint pursuant to this subsection, the Commis17 sion may determine that a violation of paragraph (1) 

18 has occurred only if the complainant demonstrates 

19 that any conduct described in paragraph (1) with re20 spect to the complainant was a contributing factor 

21 in the adverse action alleged in the complaint. A de22 cision or order that is favorable to the complainant 

23 shall not be issued pursuant to this subsection if the 

24 respondent demonstrates by clear and convincing 


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1 evidence that the respondent would have taken the 

2 same adverse action in the absence of such conduct. 

3 ‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 

4 issued sustaining the complainant’s charges under 

5 this subsection, a sum equal to the aggregate 

6 amount of all costs and expenses, including attor7 ney’s fees, as determined by the Commission to have 

8 been reasonably incurred by the complainant for, or 

9 in connection with, the institution and prosecution of 

10 such proceedings shall be assessed against the per11 son committing such violation. The Commission 

12 shall determine whether such costs and expenses 

13 were reasonably incurred by the complainant without 

14 reference to whether the Secretary also participated 

15 in the proceeding. 

16 ‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE17 VIEW.—Proceedings under this subsection shall be 

18 expedited by the Secretary and the Commission. Any 

19 order issued by the Commission under this sub20 section shall be subject to judicial review in accord21 ance with section 106. Violations by any person of 

22 paragraph (1) shall be subject to the provisions of 

23 sections 108 and 110(a)(4). 

24 ‘‘(8) PROCEDURAL RIGHTS.—The rights and 

25 remedies provided for in this subsection may not be 


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1 waived by any agreement, policy, form, or condition 

2 of employment, including by any pre-dispute arbitra3 tion agreement or collective bargaining agreement. 

4 ‘‘(9) SAVINGS.—Nothing in this subsection shall 

5 be construed to diminish the rights, privileges, or 

6 remedies of any individual who exercises rights 

7 under any Federal or State law or common law, or 

8 under any collective bargaining agreement.’’. 

9 SEC. 402. PROTECTION FROM LOSS OF PAY. 

10 Section 111 (30 U.S.C. 821) is amended to read as 

11 follows: 

12 ‘‘SEC. 111. ENTITLEMENT OF MINERS. 

13 ‘‘(a) PROTECTION FROM LOSS OF PAY.— 

14 ‘‘(1) WITHDRAWAL ORDERS.— 

15 ‘‘(A) SHIFTS AT TIME OF ORDER.—If a 

16 coal or other mine, or an area of such mine, is 

17 closed by an order issued under section 103, 

18 104, 107, 108, or 110, all miners working dur19 ing the shift when such order was issued who 

20 are idled by such order shall be entitled, regard21 less of the result of any review of such order, 

22 to full compensation by the operator at their 

23 regular rates of pay for the period during which 

24 they are so idled, but for not more than the bal25 ance of such shift. 


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1 ‘‘(B) SUBSEQUENT SHIFTS.—If such order 

2 is not terminated prior to the working shift suc3 ceeding the shift described in subparagraph 

4 (A), all miners assigned to such succeeding 

5 shift who are idled by such order shall be enti6 tled to compensation by the operator at their 

7 regular rates of pay for the period during which 

8 they are so idled, but not for more than one 

9 half of the hours of such shift, or 4 hours of 

10 such shift, whichever is greater. 

11 ‘‘(C) EXTENDED CLOSURES.—If a coal or 

12 other mine, or an area of such mine, is closed 

13 by an order issued under section 103, 104, 107, 

14 108, or 110, all miners who are idled by such 

15 order, for a shift succeeding the shift described 

16 in subparagraph (B), shall be entitled, regard17 less of the result of any review of such order, 

18 to full compensation by the operator at their 

19 regular rates of pay and in accordance with 

20 their regular schedules of pay for the period for 

21 which they are idled, but not for more than 60 

22 days. 

23 ‘‘(2) CLOSURE IN ADVANCE OF ORDER.— 

24 ‘‘(A) IN GENERAL.—If the Secretary deter25 mines that a coal or other mine, or an area of 


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1 such mine, was closed by the operator in antici2 pation of the issuance of an order described in 

3 paragraph (1), all miners who are idled by such 

4 closure shall be entitled, subject to subpara5 graph (B), to full compensation by the operator 

6 at their regular rates of pay and in accordance 

7 with their regular schedules of pay, from the 

8 time of such closure until such time as the Sec9 retary authorizes reopening of such mine or 

10 such area, but not for more than 60 days. 

11 ‘‘(B) EXCEPTION.—The entitlement under 

12 subparagraph (A) shall not apply if an operator 

13 promptly withdraws miners upon discovery of a 

14 hazard and notifies the Secretary, where re15 quired and within the prescribed time period. 

16 ‘‘(3) REFUSAL TO COMPLY.—Whenever an op17 erator violates or fails or refuses to comply with any 

18 order issued under section 103, 104, 107, 108, or 

19 110, all miners employed at the affected mine who 

20 would have been withdrawn from, or prevented from 

21 entering, such mine or area thereof as a result of 

22 such order shall be entitled to full compensation by 

23 the operator at their regular rates of pay, in addi24 tion to pay received for work performed after such 

25 order was issued, for the period beginning when 


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1 such order was issued and ending when such order 

2 is complied with, vacated, or terminated. 

3 ‘‘(b) ENFORCEMENT.— 

4 ‘‘(1) COMMISSION ORDERS.—The Commission 

5 shall have authority to order compensation due 

6 under this section upon the filing of a complaint by 

7 a miner or his representative and after opportunity 

8 for hearing on the record subject to section 554 of 

9 title 5, United States Code. Whenever the Commis10 sion issues an order sustaining the complaint under 

11 this subsection in whole or in part, the Commission 

12 shall award the complainant reasonable attorneys’ 

13 fees and costs. 

14 ‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 

15 Consistent with the authority of the Secretary to 

16 order miners withdrawn from a mine under this Act, 

17 the Secretary shall order a mine that has been sub18 ject to a withdrawal order under section 103, 104, 

19 107, 108, or 110, and has reopened, to be closed 

20 again if compensation in accordance with the provi21 sions of this section is not paid by the end of the 

22 next regularly scheduled payroll period following the 

23 lifting of a withdrawal order. 

24 ‘‘(c) EXPEDITED REVIEW.—If an order is issued that 

25 results in a payment to a miner under subsection (a), the 


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1 operator shall have the right to an expedited review before 

2 the Commission in the same manner as the procedure 

3 under section 316(b)(2)(G)(ii) (including the deadlines 

4 under such section).’’. 

5 SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 

6 STANDARD FOR MINES WITH PATTERNS OF 

7 VIOLATIONS. 

8 Title I (30 U.S.C. 811 et seq.) is further amended 

9 by adding at the end the following: 

10 ‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 

11 STANDARD FOR MINES WITH PATTERNS OF 

12 VIOLATIONS. 

13 ‘‘(a) IN GENERAL.—For the purpose of ensuring the 

14 health and safety of miners and the right of miners to 

15 raise health or safety concerns, an operator of an under16 ground coal mine who has received notice of a pattern of 

17 violations under section 104(e) in such mine, for 3 years 

18 after receipt of such notice, may not discharge or con19 structively discharge a miner employed at such mine with20 out reasonable grounds based on a failure of such miner 

21 to satisfactorily perform the duties required for work as 

22 a miner, including compliance with the provisions of this 

23 Act, regulations promulgated under this Act, mandatory 

24 health or safety standards under any other law, or any 

25 other legitimate business reason, if— 


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1 ‘‘(1) the miner is paid on an hourly basis; and 

2 ‘‘(2) the miner has completed the employer’s 

3 probationary period, which in no case shall exceed 6 

4 months. 

5 ‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 

6 violation of subsection (a) may file a complaint in the 

7 United States district court in the district where the mine 

8 is located not later than 1 year after such violation. 

9 ‘‘(c) REMEDIES.—For a miner who prevails under 

10 subsection (b), the appropriate United States district 

11 court shall provide remedies to further the objectives of 

12 this Act, which may include reinstatement of such miner 

13 to the former position of such miner with back pay and 

14 compensatory damages. Such remedies shall include rea15 sonable attorneys’ fees and costs. 

16 ‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—The 

17 right of a miner to a cause of action under this section 

18 may not be waived with respect to any dispute that has 

19 not arisen as of the time of the waiver. 

20 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

21 be construed to limit the availability of rights and rem22 edies of miners under any other State or Federal law or 

23 a collective bargaining agreement.’’. 


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1 TITLE V—MODERNIZING 

2 HEALTH AND SAFETY STAND3 ARDS 

4 SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 

5 Section 303(d) (30 U.S.C. 863(d)) is amended by 

6 adding at the end the following: 

7 ‘‘(3)(A) Not later than 30 days after the issuance of 

8 the interim final rules promulgated under subparagraph 

9 (B), each operator of an underground coal mine shall im10 plement a communication program at the underground 

11 coal mine to ensure that each miner (prior to traveling 

12 to or arriving at the work area of such miner and com13 mencing the assigned tasks of such miner) is orally briefed 

14 on and made aware of— 

15 ‘‘(i) any conditions that are hazardous, or that 

16 violate a mandatory health or safety standard or a 

17 plan approved under this Act, where the miner is ex18 pected to work or travel; and 

19 ‘‘(ii) the general conditions of that miner’s as20 signed working section or other area where the 

21 miner is expected to work or travel. 

22 ‘‘(B) Not later than 180 days after the date of enact23 ment of the Robert C. Byrd Mine Safety Protection Act 

24 of 2015, the Secretary shall promulgate interim final rules 

25 implementing the requirements of subparagraph (A). 


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1 ‘‘(C) Not later than 2 years after the promulgation 

2 of the interim final rules under subparagraph (B), the 

3 Secretary shall issue a final rule implementing the require4 ments of subparagraph (A).’’. 

5 SEC. 502. ROCK DUST STANDARDS. 

6 (a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 

7 is amended— 

8 (1) by striking ‘‘Where rock’’ and inserting the 

9 following: ‘‘ROCK DUST.— 

10 ‘‘(1) IN GENERAL.—Where rock’’; 

11 (2) by striking ‘‘65 per centum’’ and all that 

12 follows and inserting ‘‘80 percent. Where methane is 

13 present in any ventilating current, the percentage of 

14 incombustible content of such combined dusts shall 

15 be increased 0.4 percent for each 0.1 percent of 

16 methane.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(2) METHODS OF MEASUREMENT.— 

19 ‘‘(A) IN GENERAL.—Each operator of an 

20 underground coal mine shall take accurate and 

21 representative samples that shall measure the 

22 total incombustible content of combined coal 

23 dust, rock dust, and other dust in such mine to 

24 ensure that the coal dust is kept below explosive 


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1 levels through the appropriate application of 

2 rock dust. 

3 ‘‘(B) DIRECT READING MONITORS.—In 

4 order to ensure timely assessment and compli5 ance, the Secretary shall, not later than 180 

6 days after the date of enactment of the Robert 

7 C. Byrd Mine Safety Protection Act of 2015, 

8 require operators to measure total incombus9 tible content (or an equivalent measure of 

10 explosibility) in samples of combined coal dust, 

11 rock dust, and other dust, using direct reading 

12 monitors that the Secretary has approved for 

13 use in an underground coal mine, such as coal 

14 dust explosibility monitors. 

15 ‘‘(C) REGULATIONS.—The Secretary shall, 

16 not later than 180 days after the date of enact17 ment of the Robert C. Byrd Mine Safety Pro18 tection Act of 2015, promulgate an interim 

19 final rule that prescribes methods for operator 

20 sampling of total incombustible content (or an 

21 equivalent measure of explosibility) in samples 

22 of combined coal dust, rock dust, and other 

23 dust using direct reading monitors and that in24 cludes requirements for locations, methods, and 

25 intervals for mandatory operator sampling. 


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1 ‘‘(D) RECOMMENDATIONS.—Not later than 

2 1 year after the date of enactment of the Rob3 ert C. Byrd Mine Safety Protection Act of 

4 2015, the Secretary of Health and Human 

5 Services shall, based upon the latest research, 

6 recommend to the Secretary of Labor any revi7 sions to the mandatory operator sampling loca8 tions, methods, and intervals included in the in9 terim final rule described in subparagraph (C) 

10 that may be warranted in light of such re11 search. 

12 ‘‘(3) LIMITATION.—Until the Secretary promul13 gates a final rule under paragraph (4)(B), any 

14 measurement taken by a direct reading monitor de15 scribed in paragraph (2)(B) shall not be admissible 

16 to establish a violation in an enforcement action 

17 under this Act. 

18 ‘‘(4) REPORT AND RULEMAKING AUTHORITY.— 

19 ‘‘(A) REPORT.—Not later than 2 years 

20 after the date of enactment of the Robert C. 

21 Byrd Mine Safety Protection Act of 2015, the 

22 Secretary of Health and Human Services, in 

23 consultation with the Secretary of Labor, shall 

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1 resentatives and the Committee on Health, 

2 Education, Labor, and Pensions of the Senate, 

3 a report— 

4 ‘‘(i) regarding whether any direct 

5 reading monitor described in paragraph 

6 (2)(B) is sufficiently reliable and accurate 

7 for the enforcement of the mandatory 

8 health or safety standards by the Secretary 

9 of Labor under such Act, and whether ad10 ditional improvement to such direct read11 ing monitor, or additional verification re12 garding reliability and accuracy, would be 

13 needed for enforcement purposes; and 

14 ‘‘(ii) identifying any limitations or im15 pediments for such use in underground 

16 coal mines. 

17 ‘‘(B) AUTHORITY.—If the Secretary deter18 mines, following a report under subparagraph 

19 (A) (or an update to such report), that any di20 rect reading monitor described in paragraph 

21 (2)(B) is sufficiently reliable and accurate for 

22 the enforcement of mandatory health or safety 

23 standards under this Act, the Secretary shall, 

24 after the submission of such report or update, 

25 promulgate a final rule authorizing the use of 


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1 such direct reading monitor for purposes of 

2 compliance with, and enforcement of, such 

3 standards and authorizing the use of other 

4 methods for determining total incombustible 

5 content. Such final rule shall specify mandatory 

6 operator sampling locations, methods, and in7 tervals.’’. 

8 (b) ROCK DUST RECORDKEEPING.—Section 304 (30 

9 U.S.C. 864) is further amended— 

10 (1) by redesignating subsection (e) as sub11 section (f); 

12 (2) by inserting after subsection (d) the fol13 lowing: 

14 ‘‘(e) ROCK DUST RECORDKEEPING.—The operator of 

15 each coal mine shall maintain and continuously update a 

16 record of the amount of rock dust purchased for each such 

17 mine.’’; and 

18 (3) in subsection (f), as so redesignated, by 

19 striking ‘‘Subsection (b) through (d)’’ and inserting 

20 ‘‘Subsections (b) through (e)’’. 

21 SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 

22 Section 317 (30 U.S.C. 877) is amended by adding 

23 at the end the following: 

24 ‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 


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1 ‘‘(1) GENERAL REGULATIONS.—Not later than 

2 1 year after the date of enactment of the Robert C. 

3 Byrd Mine Safety Protection Act of 2015, the Sec4 retary shall, following consultation with the Director 

5 of the National Institute for Occupational Safety 

6 and Health, promulgate regulations requiring that 

7 each operator of an underground coal mine install 

8 atmospheric monitoring systems that— 

9 ‘‘(A) protect miners where the miners nor10 mally work and travel; 

11 ‘‘(B) assist in mine emergency response 

12 and the conduct of accident investigations; 

13 ‘‘(C) provide real-time information regard14 ing methane, oxygen, and carbon monoxide lev15 els, and airflow direction, as appropriate, with 

16 sensing, annunciating, and recording capabili17 ties; and 

18 ‘‘(D) can, to the maximum extent prac19 ticable, withstand explosions and fires. 

20 ‘‘(2) ADDITIONAL REGULATIONS.—The regula21 tions promulgated under paragraph (1) shall, if de22 termined appropriate after an evaluation by the Sec23 retary, include— 


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1 ‘‘(A) the installation of atmospheric moni2 toring and recording devices for mining equip3 ment; 

4 ‘‘(B) the implementation of redundant sys5 tems, such as the bundle tubing system, that 

6 can continuously monitor the mine atmosphere 

7 following incidents such as fires, explosions, en8 trapments, and inundations; and 

9 ‘‘(C) the implementation of other tech10 nologies available to conduct continuous atmos11 pheric monitoring.’’. 

12 SEC. 504. STUDY ON RESPIRABLE DUST STANDARDS. 

13 (a) STUDY.—Beginning on February 1, 2017, the 

14 Secretary of Labor shall undertake a retrospective study 

15 on the effectiveness of the final rule of the Department 

16 of Labor entitled ‘‘Lowering Miners’ Exposure to Res17 pirable Coal Mine Dust, Including Continuous Personal 

18 Dust Monitors’’, published at 79 Fed. Reg. 24814 (May 

19 1, 2014), and evaluate the data regarding the use of con20 tinuous personal dust monitors, to determine whether— 

(1) the 1.5 mg/m3 21 respirable dust standard that 

22 was included in such final rule should be further 

23 lowered to better protect the health of miners; 

24 (2) the frequency of sampling continuous per25 sonal dust monitors should be increased; 


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1 (3) engineering controls and work practices 

2 used by mine operators to achieve and maintain the 

3 required respirable coal mine dust levels should be 

4 modified; and 

5 (4) samples taken on shifts longer than 8 hours 

6 should be converted to an 8-hour equivalent con7 centration to protect miners who work longer shifts. 

8 (b) REPORT.— 

9 (1) INITIAL REPORT.—Upon beginning the 

10 study under subsection (a), the Secretary of Labor 

11 shall transmit a copy of such study to Congress, no12 tifying Congress that such study has commenced. 

13 (2) ANNUAL REPORTS.—For each year after 

14 the commencement of the study under subsection (a) 

15 and until such study is completed, the Secretary of 

16 Labor shall transmit a report to Congress on the 

17 progress of such study. 

18 (3) FINAL REPORT.—Upon completion of the 

19 study under subsection (a), the Secretary of Labor 

20 shall submit a final report of such study to Con21 gress. 

22 SEC. 505. REFRESHER TRAINING ON MINERS’ RIGHTS AND 

23 RESPONSIBILITIES. 

24 (a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 

25 825(a)(3)) is amended to read as follows: 


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1 ‘‘(3) all miners shall receive no less than 9 

2 hours of refresher training, no less frequently than 

3 once every 12 months. Such training shall include 

4 one hour of training on the statutory rights and re5 sponsibilities of miners and their representatives 

6 under this Act, and other applicable Federal and 

7 State law, and shall be through a program of in8 struction developed by the Secretary and delivered 

9 by an employee of the Administration (or a trainer 

10 approved by the Administration) that is a party 

11 independent from the operator;’’. 

12 (b) NATIONAL HAZARD REPORTING HOTLINE.—Sec13 tion 115 (30 U.S.C. 825), as so amended, is further 

14 amended— 

15 (1) by redesignating subsections (c) through (e) 

16 as subsections (d) through (f), respectively; and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) Any health and safety training program of in20 struction provided under this section shall include dis21 tribution to miners of information regarding the rights of 

22 such miners under this Act and a toll-free hotline tele23 phone number, which the Secretary shall maintain to re24 ceive complaints from miners and the public regarding 

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1 lations, or other mine safety or health concerns. Informa2 tion regarding such hotline shall be provided in a portable, 

3 convenient format, such as a durable wallet card, to enable 

4 miners to keep such information on their person.’’. 

5 (c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN6 ING.—Notwithstanding section 115 of the Federal Mine 

7 Safety and Health Act of 1977 (30 U.S.C. 825) (as so 

8 amended) or the health and safety training program ap9 proved under such section, an operator shall ensure that 

10 all miners already employed by the operator on the date 

11 of enactment of this Act shall receive the one hour of stat12 utory rights and responsibilities training described in sec13 tion 115(a)(3) of such Act, not later than 180 days after 

14 such date. 

15 SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 

16 (a) IN GENERAL.—Section 115 (30 U.S.C. 825), as 

17 so amended, is further amended— 

18 (1) by redesignating subsections (e) and (f) (as 

19 so redesignated) as subsections (f) and (g), respec20 tively; and 

21 (2) by inserting after subsection (d) (as so re22 designated) the following: 

23 ‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN24 ING.— 


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1 ‘‘(1) IN GENERAL.—The Secretary is authorized 

2 to issue an order requiring that an operator of a 

3 coal or other mine provide additional training be4 yond what is otherwise required by law, and speci5 fying the time within which such training shall be 

6 provided, if the Secretary finds that— 

7 ‘‘(A)(i) a serious or fatal accident has oc8 curred at such mine; 

9 ‘‘(ii) such mine has experienced accident 

10 and injury rates, citations for violations of this 

11 Act (including mandatory health or safety 

12 standards or regulations promulgated under 

13 this Act), citations for significant and substan14 tial violations, or withdrawal orders issued 

15 under this Act, at a rate above the average for 

16 mines of similar size and type; or 

17 ‘‘(iii) an operator has a history of failing to 

18 adequately train miners, as required by this Act 

19 or the regulations promulgated under this Act; 

20 and 

21 ‘‘(B) additional training would benefit the 

22 health or safety of miners at the mine. 

23 ‘‘(2) WITHDRAWAL ORDER.—If the operator 

24 fails to provide training ordered under paragraph 

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1 retary under such paragraph, the Secretary shall 

2 issue an order requiring such operator to cause all 

3 affected persons, except persons referred to in sec4 tion 104(c), to be withdrawn, and to be prohibited 

5 from entering such mine, until such operator has 

6 provided such training.’’. 

7 (b) CONFORMING AMENDMENTS.—Section 104(g)(2) 

8 (30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 

9 paragraph (1)’’ both places it appears and inserting 

10 ‘‘under paragraph (1) or under section 115(e)’’. 

11 SEC. 507. BROOKWOOD-SAGO MINE SAFETY GRANTS. 

12 Section 14(e)(2) of the Mine Improvement and New 

13 Emergency Response Act of 2006 (30 U.S.C. 965(e)(2)) 

14 is amended by inserting before the period ‘‘, and under15 ground mine rescue training activities that simulate mine 

16 accident conditions’’. 

17 SEC. 508. CERTIFICATION OF PERSONNEL. 

18 (a) IN GENERAL.—Title I (30 U.S.C. 811 et seq.), 

19 as so amended, is further amended by adding at the end 

20 the following: 

21 ‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 

22 ‘‘(a) CERTIFICATION REQUIRED.—Any person who is 

23 authorized or designated by the operator of a coal or other 

24 mine to perform any duties or provide any training that 

25 this Act, including a mandatory health or safety standard 


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1 or regulation promulgated pursuant to this Act, requires 

2 to be performed or provided by a certified, registered, 

3 qualified, or otherwise approved person, shall be permitted 

4 to perform such duties or provide such training only if 

5 such person has a current certification, registration, quali6 fication, or other approval to perform such duties or pro7 vide such training consistent with the requirements of this 

8 section. 

9 ‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE10 MENTS AND PROCEDURES.— 

11 ‘‘(1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of the Robert C. Byrd Mine 

13 Safety Protection Act of 2015, the Secretary shall 

14 issue mandatory standards to establish— 

15 ‘‘(A) requirements for the certification, 

16 registration, qualification, or other approval de17 scribed in subsection (a), including the experi18 ence, examinations, and references that may be 

19 required as appropriate; 

20 ‘‘(B) time limits for such certification, reg21 istration, qualification, or other approval, and 

22 procedures for obtaining and renewing such cer23 tification, registration, qualification, or other 

24 approval; and 


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1 ‘‘(C) procedures and criteria for revoking 

2 such certification, registration, qualification, or 

3 other approval, including procedures that en4 sure that— 

5 ‘‘(i) the Secretary (or a State agency, 

6 as applicable) responds to requests for rev7 ocation; and 

8 ‘‘(ii) the names of individuals, whose 

9 certification, registration, qualification, or 

10 other approval has been revoked, are pro11 vided to and maintained by the Secretary, 

12 and are made available to appropriate 

13 State agencies through an electronic data14 base. 

15 ‘‘(2) COORDINATION WITH STATES.—In devel16 oping the standards required under paragraph (1), 

17 the Secretary shall consult with States that have 

18 miner certification programs to ensure effective co19 ordination with existing State standards and re20 quirements for certification. The standards required 

21 under paragraph (1) shall provide that the certifi22 cation, registration, qualification, or other approval 

23 of the State in which the coal or other mine is lo24 cated satisfies the requirement of subsection (a) if 

25 the State’s program of certification, registration, 


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1 qualification, or other approval is no less stringent 

2 than the standards established by the Secretary 

3 under paragraph (1). 

4 ‘‘(c) OPERATOR FEES FOR CERTIFICATION.— 

5 ‘‘(1) ASSESSMENT AND COLLECTION.—Begin6 ning 180 days after the date of enactment of the 

7 Robert C. Byrd Mine Safety Protection Act of 2015, 

8 the Secretary shall assess and collect fees, in accord9 ance with this subsection, from each operator for 

10 each person certified under this section. Fees shall 

11 be assessed and collected in amounts determined by 

12 the Secretary as necessary to fund certification pro13 grams that meet the standards established under 

14 this section. 

15 ‘‘(2) USE.—Amounts collected under paragraph 

16 (1) shall only be available to the Secretary, in ac17 cordance with paragraph (3), for making expendi18 tures to carry out the certification programs estab19 lished under this section. 

20 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In 

21 addition to funds authorized to be appropriated 

22 under section 114, there is authorized to be appro23 priated to the Secretary for each fiscal year in which 

24 fees are collected under paragraph (1) an amount 

25 equal to the total amount of fees collected under 


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1 paragraph (1) during that fiscal year. Such amounts 

2 are authorized to remain available until expended. If 

3 on the first day of a fiscal year a regular appropria4 tion to the Administration has not been enacted, the 

5 Administration shall continue to collect fees (as off6 setting collections) under this subsection at the rate 

7 in effect during the preceding fiscal year, until 5 

8 days after the date on which such regular appropria9 tion is enacted. 

10 ‘‘(4) COLLECTING AND CREDITING OF FEES.— 

11 Fees authorized and collected under this subsection 

12 shall be deposited and credited as offsetting collec13 tions to the account providing appropriations to the 

14 Administration and shall not be collected for any fis15 cal year except to the extent and in the amount pro16 vided in advance in appropriation Acts. 

17 ‘‘(d) CITATION; WITHDRAWAL ORDER.—Any oper18 ator who permits a person to perform any of the health 

19 or safety related functions described in subsection (a) 

20 without a current certification, registration, qualification, 

21 or other approval that meets the requirements of this sec22 tion shall be considered to have committed an unwarrant23 able failure under section 104(d)(1), and the Secretary 

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1 drawn or reassigned to duties that do not require such 

2 certification.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 318 (30 

4 U.S.C. 878) is amended— 

5 (1) by striking subsections (a) and (b); 

6 (2) in subsection (c), by redesignating para7 graphs (1) through (3) as subparagraphs (A) 

8 through (C), respectively; 

9 (3) in subsection (g), by redesignating para10 graphs (1) through (4) as subparagraphs (A) 

11 through (D), respectively; and 

12 (4) by redesignating subsections (c) through (l) 

13 as paragraphs (1) through (10), respectively. 

14 SEC. 509. ELECTRONIC RECORDS REQUIREMENT. 

15 Section 103 (30 U.S.C. 802) is amended by adding 

16 at the end the following: 

17 ‘‘(l) ELECTRONIC RECORDS.—Not later than 180 

18 days after the date of enactment of the Robert C. Byrd 

19 Mine Safety Protection Act of 2015, the Secretary shall 

20 promulgate regulations requiring that mine operators re21 tain records and data required by this Act, or otherwise 

22 required by the Secretary, that are created, stored, or 

23 transmitted in electronic form. Such records shall include 

24 records pertaining to miner safety and health, tracking 

25 and communications, atmospheric monitoring of methane, 


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1 carbon monoxide, oxygen, coal dust and other mine condi2 tions, equipment usage history and operating parameters, 

3 equipment calibration and maintenance, and other infor4 mation relevant to compliance with Federal mine health 

5 or safety laws and regulations. Not later than 2 years 

6 after the date of enactment of such Act, the Secretary 

7 shall promulgate a regulation regarding the minimum nec8 essary capabilities of equipment to retain, store, and re9 cover data created or transmitted in electronic form.’’. 

10 TITLE VI—ADDITIONAL MINE 

11 SAFETY PROVISIONS 

12 SEC. 601. DEFINITIONS. 

13 (a) DEFINITION OF OPERATOR.—Section 3(d) (30 

14 U.S.C. 802(d)) is amended to read as follows: 

15 ‘‘(d) ‘operator’ means— 

16 ‘‘(1) any owner, lessee, or other person 

17 that— 

18 ‘‘(A) operates or supervises a coal or 

19 other mine; or 

20 ‘‘(B) controls such mine by making or 

21 having the authority to make management 

22 or operational decisions that affect, directly 

23 or indirectly, the health or safety at such 

24 mine; or 


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1 ‘‘(2) any independent contractor per2 forming services or construction at such mine;’’. 

3 (b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 

4 802(e)) is amended by striking ‘‘the miners’’ and inserting 

5 ‘‘any miner’’. 

6 (c) DEFINITION OF IMMINENT DANGER.—Section 

7 3(j) (30 U.S.C. 802(j)) is amended— 

8 (1) by striking ‘‘means the’’ and inserting 

9 ‘‘means— 

10 ‘‘(1) the’’; 

11 (2) by striking the semicolon at the end and in12 serting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(2) the existence of multiple conditions or 

15 practices (regardless of whether related to each 

16 other) that, when considered in the aggregate, could 

17 reasonably be expected to cause death or serious 

18 physical harm before such conditions or practices 

19 can be abated;’’. 

20 (d) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 

21 802(g)) is amended by inserting after ‘‘or other mine’’ the 

22 following: ‘‘, and includes any individual who is not cur23 rently working in a coal or other mine but would be cur24 rently working in such mine, but for an accident in such 

25 mine’’. 


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1 (e) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL

2 VIOLATIONS.—Section 3 (30 U.S.C. 802), as so amended, 

3 is further amended— 

4 (1) in subsection (m), by striking ‘‘and’’ after 

5 the semicolon; 

6 (2) in subsection (n), by striking the period at 

7 the end and inserting a semicolon; 

8 (3) in subsection (o), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(p) ‘significant and substantial violation’ 

12 means a violation of this Act, including any manda13 tory health or safety standard or regulation promul14 gated under this Act, that is of such nature as could 

15 significantly and substantially contribute to the 

16 cause and effect of a coal or other mine safety or 

17 health hazard as described in section 104(d).’’. 

18 SEC. 602. ASSISTANCE TO STATES. 

19 Section 503 (30 U.S.C. 953(a)) is amended— 

20 (1) in subsection (a)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘, in coordination with the Sec23 retary of Health, Education, and Welfare and 

24 the Secretary of the Interior,’’; 


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1 (B) in paragraph (2), by striking ‘‘and’’ 

2 after the semicolon; 

3 (C) in paragraph (3), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(4) to assist such State in developing and im7 plementing any certification program for coal or 

8 other mines required for compliance with section 

9 118.’’; and 

10 (2) in subsection (h), by striking ‘‘$3,000,000 

11 for fiscal year 1970, and $10,000,000 annually in 

12 each succeeding fiscal year’’ and inserting 

13 ‘‘$20,000,000 for each fiscal year’’. 

14 SEC. 603. AUTHORIZATION OF COOPERATIVE AGREEMENTS 

15 BY NIOSH OFFICE OF MINE SAFETY AND 

16 HEALTH. 

17 Section 22(h)(3) of the Occupational Safety and 

18 Health Act of 1970 (29 U.S.C. 671(h)(3)) is amended— 

19 (1) in subparagraph (B), by striking ‘‘and’’ at 

20 the end; 

21 (2) by redesignating subparagraph (C) as sub22 paragraph (D); and 

23 (3) by inserting after subparagraph (B) the fol24 lowing: 


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1 ‘‘(C) enter into cooperative agreements or 

2 contracts with international institutions and 

3 private entities to improve mine safety and 

4 health through the development and evaluation 

5 of new interventions; and’’. 

6 SEC. 604. DOUBLE ENCUMBRANCE; SUCCESSION PLAN. 

7 (a) AUTHORIZATION.—Notwithstanding any per8 sonnel procedures, rules, or guidance, the Secretary of 

9 Labor is authorized to double encumber a position or uti10 lize early replacement hiring for authorized representa11 tives and technical specialist positions in the Mine Safety 

12 and Health Administration. The number of such positions 

13 shall be consistent with the staffing requirements set forth 

14 in the succession plan under subsection (b). 

15 (b) SUCCESSION PLAN.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of enactment of this Act, the Secretary of 

18 Labor shall develop and provide to Congress a suc19 cession plan for the Mine Safety and Health Admin20 istration for the next 5 years to assure timely re21 placement of qualified employees critical to main22 taining the agency’s mission. 

23 (2) CONTENTS OF PLAN.—The succession plan 

24 developed under this subsection shall— 


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1 (A) estimate employee turnover for each 

2 year; 

3 (B) set benchmarks for maximum allow4 able percentage of vacancies, and a maximum 

5 ratio of trainees to authorized representatives; 

6 (C) utilize double encumbrance or early re7 placement hiring for authorized representatives 

8 and technical specialists; 

9 (D) implement tracking systems to assure 

10 that staffing levels of authorized representatives 

11 and technical specialists do not fall below the 

12 minimum required to conduct necessary inspec13 tions, thoroughly review mine plans, and con14 duct accident and special investigations; and 

15 (E) identify resources necessary to imple16 ment such plan. 

17 (3) UPDATES TO PLAN.—The succession plan 

18 under this subsection shall be updated biennially. 

19 TITLE VII—AMENDMENTS TO 

20 THE OCCUPATIONAL SAFETY 

21 AND HEALTH ACT OF 1970 

22 SEC. 701. COVERAGE OF PUBLIC EMPLOYEES. 

23 (a) IN GENERAL.—Section 3(5) of the Occupational 

24 Safety and Health Act of 1970 (29 U.S.C. 652(5)) is 

25 amended by striking ‘‘but does not include’’ and all that 


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1 follows through the period at the end and inserting ‘‘in2 cluding the United States, a State, or a political subdivi3 sion of a State.’’. 

4 (b) CONSTRUCTION.—Nothing in this Act, or the 

5 amendments made by this Act, shall be construed to affect 

6 the application of section 18 of the Occupational Safety 

7 and Health Act of 1970 (29 U.S.C. 667). 

8 SEC. 702. ENHANCED PROTECTIONS FROM RETALIATION. 

9 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 

10 Occupational Safety and Health Act of 1970 (29 U.S.C. 

11 660(c)(1)) is amended— 

12 (1) by striking ‘‘discharge’’ and all that follows 

13 through ‘‘because such’’ and inserting the following: 

14 ‘‘discharge or cause to be discharged, or in any man15 ner discriminate against or cause to be discriminated 

16 against, any employee because— 

17 ‘‘(A) such’’; 

18 (2) by striking ‘‘this Act or has’’ and inserting 

19 the following: ‘‘this Act; 

20 ‘‘(B) such employee has’’; 

21 (3) by striking ‘‘such proceeding or because of 

22 the exercise’’ and inserting the following: ‘‘before 

23 Congress or in any Federal or State proceeding re24 lated to safety or health; 


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1 ‘‘(C) such employee has refused to violate any 

2 provision of this Act; or 

3 ‘‘(D) of the exercise’’; and 

4 (4) by inserting before the period at the end the 

5 following: ‘‘, including the reporting of any injury, 

6 illness, or unsafe condition to the employer, agent of 

7 the employer, safety and health committee involved, 

8 or employee safety and health representative in9 volved’’. 

10 (b) PROHIBITION OF RETALIATION.—Section 11(c) 

11 of such Act (29 U.S.C. 660(c)) is amended by striking 

12 paragraph (2) and inserting the following: 

13 ‘‘(2)(A) No person shall discharge, or cause to be dis14 charged, or in any manner discriminate against, or cause 

15 to be discriminated against, an employee for refusing to 

16 perform the employee’s duties if the employee has a rea17 sonable apprehension that performing such duties would 

18 result in serious injury to, or serious impairment of the 

19 health of, the employee or other employees. 

20 ‘‘(B) For purposes of subparagraph (A), the cir21 cumstances causing the employee’s good-faith belief that 

22 performing such duties would pose a safety or health haz23 ard shall be of such a nature that a reasonable person, 

24 under the circumstances confronting the employee, would 

25 conclude that there is such a hazard. In order to qualify 


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1 for protection under this paragraph, the employee, when 

2 practicable, shall have communicated or attempted to com3 municate the safety or health concern to the employer and 

4 have not received from the employer a response reasonably 

5 calculated to allay such concern.’’. 

6 (c) PROCEDURE.—Section 11(c) of such Act (29 

7 U.S.C. 660(c)) is amended by striking paragraph (3) and 

8 inserting the following: 

9 ‘‘(3) COMPLAINT.—Any employee who believes 

10 that the employee has been discharged, disciplined, 

11 or otherwise discriminated against by any person in 

12 violation of paragraph (1) or (2) may seek relief for 

13 such violation by filing a complaint with the Sec14 retary under paragraph (5). 

15 ‘‘(4) STATUTE OF LIMITATIONS.— 

16 ‘‘(A) IN GENERAL.—An employee may take 

17 the action permitted by paragraph (3) not later 

18 than 180 days after the later of— 

19 ‘‘(i) the date on which an alleged vio20 lation of paragraph (1) or (2) occurs; or 

21 ‘‘(ii) the date on which the employee 

22 knows or should reasonably have known 

23 that such alleged violation occurred. 

24 ‘‘(B) REPEAT VIOLATION.—Except in 

25 cases when the employee has been discharged, 


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1 a violation of paragraph (1) or (2) shall be con2 sidered to have occurred on the last date an al3 leged repeat violation occurred. 

4 ‘‘(5) INVESTIGATION.— 

5 ‘‘(A) IN GENERAL.—An employee may, 

6 within the time period required under para7 graph (4), file a complaint with the Secretary 

8 alleging a violation of paragraph (1) or (2). If 

9 the complaint alleges a prima facie case, the 

10 Secretary shall conduct an investigation of the 

11 allegations in the complaint, which— 

12 ‘‘(i) shall include— 

13 ‘‘(I) interviewing the complain14 ant; 

15 ‘‘(II) providing the respondent an 

16 opportunity to— 

17 ‘‘(aa) submit to the Sec18 retary a written response to the 

19 complaint; and 

20 ‘‘(bb) meet with the Sec21 retary to present statements from 

22 witnesses or provide evidence; 

23 and 

24 ‘‘(III) providing the complainant 

25 an opportunity to— 


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1 ‘‘(aa) receive any statements 

2 or evidence provided to the Sec3 retary; 

4 ‘‘(bb) meet with the Sec5 retary; and 

6 ‘‘(cc) rebut any statements 

7 or evidence; and 

8 ‘‘(ii) may include issuing subpoenas 

9 for the purposes of such investigation. 

10 ‘‘(B) DECISION.—Not later than 90 days 

11 after the filing of the complaint, the Secretary 

12 shall— 

13 ‘‘(i) determine whether reasonable 

14 cause exists to believe that a violation of 

15 paragraph (1) or (2) has occurred; and 

16 ‘‘(ii) issue a decision granting or de17 nying relief. 

18 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES19 TIGATION.—If, after completion of an investigation 

20 under paragraph (5)(A), the Secretary finds reason21 able cause to believe that a violation of paragraph 

22 (1) or (2) has occurred, the Secretary shall issue a 

23 preliminary order providing relief authorized under 

24 paragraph (14) at the same time the Secretary 

25 issues a decision under paragraph (5)(B). If a de 


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1 novo hearing is not requested within the time period 

2 required under paragraph (7)(A)(i), such prelimi3 nary order shall be deemed a final order of the Sec4 retary and is not subject to judicial review. 

5 ‘‘(7) HEARING.— 

6 ‘‘(A) REQUEST FOR HEARING.— 

7 ‘‘(i) IN GENERAL.—A de novo hearing 

8 on the record before an administrative law 

9 judge may be requested— 

10 ‘‘(I) by the complainant or re11 spondent within 30 days after receiv12 ing notification of a decision granting 

13 or denying relief issued under para14 graph (5)(D) or paragraph (6) respec15 tively; 

16 ‘‘(II) by the complainant within 

17 30 days after the date the complaint 

18 is dismissed without investigation by 

19 the Secretary under paragraph (5)(A); 

20 or 

21 ‘‘(III) by the complainant within 

22 120 days after the date of filing the 

23 complaint, if the Secretary has not 

24 issued a decision under paragraph 

25 (5)(B). 


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1 ‘‘(ii) REINSTATEMENT ORDER.—The 

2 request for a hearing shall not operate to 

3 stay any preliminary reinstatement order 

4 issued under paragraph (6). 

5 ‘‘(B) PROCEDURES.— 

6 ‘‘(i) IN GENERAL.—A hearing re7 quested under this paragraph shall be con8 ducted expeditiously and in accordance 

9 with rules established by the Secretary for 

10 hearings conducted by administrative law 

11 judges. 

12 ‘‘(ii) SUBPOENAS; PRODUCTION OF

13 EVIDENCE.—In conducting any such hear14 ing, the administrative law judge may issue 

15 subpoenas. The respondent or complainant 

16 may request the issuance of subpoenas 

17 that require the deposition of, or the at18 tendance and testimony of, witnesses and 

19 the production of any evidence (including 

20 any books, papers, documents, or record21 ings) relating to the matter under consid22 eration. 

23 ‘‘(iii) DECISION.—The administrative 

24 law judge shall issue a decision not later 

25 than 90 days after the date on which a 


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1 hearing was requested under this para2 graph and promptly notify, in writing, the 

3 parties and the Secretary of such decision, 

4 including the findings of fact and conclu5 sions of law. If the administrative law 

6 judge finds that a violation of paragraph 

7 (1) or (2) has occurred, the judge shall 

8 issue an order for relief under paragraph 

9 (14). If review under paragraph (8) is not 

10 timely requested, such order shall be 

11 deemed a final order of the Secretary that 

12 is not subject to judicial review. 

13 ‘‘(8) ADMINISTRATIVE APPEAL.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days after the date of notification of a decision 

16 and order issued by an administrative law judge 

17 under paragraph (7), the complainant or re18 spondent may file, with objections, an adminis19 trative appeal with an administrative review 

20 body designated by the Secretary (referred to in 

21 this paragraph as the ‘review board’). 

22 ‘‘(B) STANDARD OF REVIEW.—In review23 ing the decision and order of the administrative 

24 law judge, the review board shall affirm the de25 cision and order if it is determined that the facVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 tual findings set forth therein are supported by 

2 substantial evidence and the decision and order 

3 are made in accordance with applicable law. 

4 ‘‘(C) DECISIONS.—If the review board 

5 grants an administrative appeal, the review 

6 board shall issue a final decision and order af7 firming or reversing, in whole or in part, the 

8 decision under review by not later than 90 days 

9 after receipt of the administrative appeal. If it 

10 is determined that a violation of paragraph (1) 

11 or (2) has occurred, the review board shall issue 

12 a final decision and order providing relief au13 thorized under paragraph (14). Such decision 

14 and order shall constitute final agency action 

15 with respect to the matter appealed. 

16 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE

17 PROCESS.— 

18 ‘‘(A) IN GENERAL.—At any time before 

19 issuance of a final order, an investigation or 

20 proceeding under this subsection may be termi21 nated on the basis of a settlement agreement 

22 entered into by the parties. 

23 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 

24 Neither the Secretary, an administrative law 

25 judge, or review board conducting a hearing 


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1 under this subsection shall accept a settlement 

2 that contains conditions conflicting with the 

3 rights protected under this Act or that are con4 trary to public policy, including a restriction on 

5 a complainant’s right to future employment 

6 with employers other than the specific employ7 ers named in a complaint. 

8 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD9 MINISTRATIVE LAW JUDGE.— 

10 ‘‘(A) IN GENERAL.—The complainant may 

11 bring a de novo action described in subpara12 graph (B) if— 

13 ‘‘(i) an administrative law judge has 

14 not issued a decision and order within the 

15 90-day time period required under para16 graph (7)(B)(iii); or 

17 ‘‘(ii) the review board has not issued 

18 a decision and order within the 90-day 

19 time period required under paragraph 

20 (8)(C). 

21 ‘‘(B) DE NOVO ACTION.—Such de novo ac22 tion may be brought at law or equity in the 

23 United States district court for the district 

24 where a violation of paragraph (1) or (2) alleg25 edly occurred or where the complainant resided 


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1 on the date of such alleged violation. The court 

2 shall have jurisdiction over such action without 

3 regard to the amount in controversy and to 

4 order appropriate relief under paragraph (14). 

5 Such action shall, at the request of either party 

6 to such action, be tried by the court with a 

7 jury. 

8 ‘‘(11) JUDICIAL REVIEW.— 

9 ‘‘(A) TIMELY APPEAL TO THE COURT OF

10 APPEALS.—Any party adversely affected or ag11 grieved by a final decision and order issued 

12 under this subsection may obtain review of such 

13 decision and order in the United States Court 

14 of Appeals for the circuit where the violation, 

15 with respect to which such final decision and 

16 order was issued, allegedly occurred or where 

17 the complainant resided on the date of such al18 leged violation. To obtain such review, a party 

19 shall file a petition for review not later than 60 

20 days after the final decision and order was 

21 issued. Such review shall conform to chapter 7 

22 of title 5, United States Code. The commence23 ment of proceedings under this subparagraph 

24 shall not, unless ordered by the court, operate 

25 as a stay of the final decision and order. 


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1 ‘‘(B) LIMITATION ON COLLATERAL AT2 TACK.—An order and decision with respect to 

3 which review may be obtained under subpara4 graph (A) shall not be subject to judicial review 

5 in any criminal or other civil proceeding. 

6 ‘‘(12) ENFORCEMENT OF ORDER.—If a re7 spondent fails to comply with an order issued under 

8 this subsection, the Secretary or the complainant on 

9 whose behalf the order was issued may file a civil ac10 tion for enforcement in the United States district 

11 court for the district in which the violation was 

12 found to occur to enforce such order. If both the 

13 Secretary and the complainant file such action, the 

14 action of the Secretary shall take precedence. The 

15 district court shall have jurisdiction to grant all ap16 propriate relief described in paragraph (14). 

17 ‘‘(13) BURDENS OF PROOF.— 

18 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

19 making a determination or adjudicating a com20 plaint pursuant to this subsection, the Sec21 retary, administrative law judge, review board, 

22 or a court may determine that a violation of 

23 paragraph (1) or (2) has occurred only if the 

24 complainant demonstrates that any conduct de25 scribed in paragraph (1) or (2) with respect to 


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1 the complainant was a contributing factor in 

2 the adverse action alleged in the complaint. 

3 ‘‘(B) PROHIBITION.—Notwithstanding sub4 paragraph (A), a decision or order that is favor5 able to the complainant shall not be issued in 

6 any administrative or judicial action pursuant 

7 to this subsection if the respondent dem8 onstrates by clear and convincing evidence that 

9 the respondent would have taken the same ad10 verse action in the absence of such conduct. 

11 ‘‘(14) RELIEF.— 

12 ‘‘(A) ORDER FOR RELIEF.—If the Sec13 retary, administrative law judge, review board, 

14 or a court determines that a violation of para15 graph (1) or (2) has occurred, the Secretary or 

16 court, respectively, shall have jurisdiction to 

17 order all appropriate relief, including injunctive 

18 relief, compensatory and exemplary damages, 

19 including— 

20 ‘‘(i) affirmative action to abate the 

21 violation; 

22 ‘‘(ii) reinstatement without loss of po23 sition or seniority, and restoration of the 

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1 ment, including opportunities for pro2 motions to positions with equivalent or bet3 ter compensation for which the complain4 ant is qualified; 

5 ‘‘(iii) compensatory and consequential 

6 damages sufficient to make the complain7 ant whole (including back pay, prejudg8 ment interest, and other damages); and 

9 ‘‘(iv) expungement of all warnings, 

10 reprimands, or derogatory references that 

11 have been placed in paper or electronic 

12 records or databases of any type relating 

13 to the actions by the complainant that 

14 gave rise to the unfavorable personnel ac15 tion, and, at the complainant’s direction, 

16 transmission of a copy of the decision on 

17 the complaint to any person whom the 

18 complainant reasonably believes may have 

19 received such unfavorable information. 

20 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If 

21 the Secretary or an administrative law judge, 

22 review board, or court grants an order for relief 

23 under subparagraph (A), the Secretary, admin24 istrative law judge, review board, or court, reVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 spectively, shall assess, at the request of the 

2 employee against the employer— 

3 ‘‘(i) reasonable attorneys’ fees; and 

4 ‘‘(ii) costs (including expert witness 

5 fees) reasonably incurred, as determined 

6 by the Secretary, administrative law judge, 

7 review board, or court, respectively, in con8 nection with bringing the complaint upon 

9 which the order was issued. 

10 ‘‘(15) PROCEDURAL RIGHTS.—The rights and 

11 remedies provided for in this subsection may not be 

12 waived by any agreement, policy, form, or condition 

13 of employment, including by any pre-dispute arbitra14 tion agreement or collective bargaining agreement. 

15 ‘‘(16) SAVINGS.—Nothing in this subsection 

16 shall be construed to diminish the rights, privileges, 

17 or remedies of any employee who exercises rights 

18 under any Federal or State law or common law, or 

19 under any collective bargaining agreement. 

20 ‘‘(17) ELECTION OF VENUE.— 

21 ‘‘(A) IN GENERAL.—An employee of an 

22 employer who is located in a State that has a 

23 State plan approved under section 18 may file 

24 a complaint alleging a violation of paragraph 

25 (1) or (2) by such employer with— 


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1 ‘‘(i) the Secretary under paragraph 

2 (5); or 

3 ‘‘(ii) a State plan administrator in 

4 such State. 

5 ‘‘(B) REFERRALS.—If— 

6 ‘‘(i) the Secretary receives a complaint 

7 pursuant to subparagraph (A)(i), the Sec8 retary shall not refer such complaint to a 

9 State plan administrator for resolution; or 

10 ‘‘(ii) a State plan administrator re11 ceives a complaint pursuant to subpara12 graph (A)(ii), the State plan administrator 

13 shall not refer such complaint to the Sec14 retary for resolution.’’. 

15 (d) RELATION TO ENFORCEMENT.—Section 17(j) of 

16 such Act (29 U.S.C. 666(j)) is amended by inserting be17 fore the period the following: ‘‘, including the history of 

18 violations under section 11(c)’’. 

19 SEC. 703. VICTIMS’ RIGHTS. 

20 The Occupational Safety and Health Act of 1970 (29 

21 U.S.C. 651 et seq.) is amended by inserting after section 

22 9 (29 U.S.C. 658) the following: 

23 ‘‘SEC. 9A. VICTIMS’ RIGHTS. 

24 ‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim or 

25 the representative of a victim, shall be afforded the right, 


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1 with respect to an inspection or investigation conducted 

2 under section 8 to— 

3 ‘‘(1) meet with the Secretary regarding the in4 spection or investigation conducted under such sec5 tion before the Secretary’s decision to issue a cita6 tion or take no action; 

7 ‘‘(2) receive, at no cost, a copy of any citation 

8 or report, issued as a result of such inspection or in9 vestigation, at the same time as the employer re10 ceives such citation or report; 

11 ‘‘(3) be informed of any notice of contest or ad12 dition of parties to the proceedings filed under sec13 tion 10(c); and 

14 ‘‘(4) be provided notification of the date and 

15 time or any proceedings, service of pleadings, and 

16 other relevant documents, and an explanation of the 

17 rights of the employer, employee and employee rep18 resentative, and victim to participate in proceedings 

19 conducted under section 10(c). 

20 ‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re21 quest, a victim or representative of a victim shall be af22 forded the right with respect to a work-related bodily in23 jury or death to— 

24 ‘‘(1) be notified of the time and date of any 

25 proceeding before the Commission; 


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1 ‘‘(2) receive pleadings and any decisions relat2 ing to the proceedings; and 

3 ‘‘(3) be provided an opportunity to appear and 

4 make a statement in accordance with the rules pre5 scribed by the Commission. 

6 ‘‘(c) MODIFICATION OF CITATION.—Before entering 

7 into an agreement to withdraw or modify a citation issued 

8 as a result of an inspection or investigation of an incident 

9 under section 8, the Secretary shall notify a victim or rep10 resentative of a victim and provide the victim or represent11 ative of a victim with an opportunity to appear and make 

12 a statement before the parties conducting settlement nego13 tiations. In lieu of an appearance, the victim or represent14 ative of the victim may elect to submit a letter to the Sec15 retary and the parties. 

16 ‘‘(d) SECRETARY PROCEDURES.—The Secretary shall 

17 establish procedures— 

18 ‘‘(1) to inform victims of their rights under this 

19 section; and 

20 ‘‘(2) for the informal review of any claim of a 

21 denial of such a right. 

22 ‘‘(e) COMMISSION PROCEDURES AND CONSIDER23 ATIONS.—The Commission shall— 


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1 ‘‘(1) establish procedures relating to the rights 

2 of victims to be heard in proceedings before the 

3 Commission; and 

4 ‘‘(2) in rendering any decision, provide due con5 sideration to any statement or information provided 

6 by any victim before the Commission. 

7 ‘‘(f) FAMILY LIAISONS.—The Secretary shall des8 ignate at least 1 employee at each area office of the Occu9 pational Safety and Health Administration to serve as a 

10 family liaison to— 

11 ‘‘(1) keep victims informed of the status of in12 vestigations, enforcement actions, and settlement ne13 gotiations; and 

14 ‘‘(2) assist victims in asserting their rights 

15 under this section. 

16 ‘‘(g) DEFINITION.—In this section, the term ‘victim’ 

17 means— 

18 ‘‘(1) an employee, including a former employee, 

19 who has sustained a work-related injury or illness 

20 that is the subject of an inspection or investigation 

21 conducted under section 8; or 

22 ‘‘(2) a family member (as further defined by 

23 the Secretary) of a victim described in paragraph 

24 (1), if— 


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1 ‘‘(A) the victim dies as a result of a inci2 dent that is the subject of an inspection or in3 vestigation conducted under section 8; or 

4 ‘‘(B) the victim sustains a work-related in5 jury or illness that is the subject of an inspec6 tion or investigation conducted under section 8, 

7 and the victim because of incapacity cannot rea8 sonably exercise the rights under this section.’’. 

9 SEC. 704. CORRECTION OF SERIOUS, WILLFUL, OR RE10 PEATED VIOLATIONS PENDING CONTEST AND 

11 PROCEDURES FOR A STAY. 

12 Section 10 of the Occupational Safety and Health Act 

13 of 1970 (29 U.S.C. 659) is amended by adding at the end 

14 the following: 

15 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE16 PEATED VIOLATIONS PENDING CONTEST AND PROCE17 DURES FOR A STAY.— 

18 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

19 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

20 For each violation which the Secretary designates as 

21 serious, willful, or repeated, the period permitted for 

22 the correction of the violation shall begin to run 

23 upon receipt of the citation. 

24 ‘‘(2) FILING OF A MOTION OF CONTEST.—The 

25 filing of a notice of contest by an employer— 


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1 ‘‘(A) shall not operate as a stay of the pe2 riod for correction of a violation designated as 

3 serious, willful, or repeated; and 

4 ‘‘(B) may operate as a stay of the period 

5 for correction of a violation not designated by 

6 the Secretary as serious, willful, or repeated. 

7 ‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR

8 STAYS.— 

9 ‘‘(A) MOTION FOR A STAY.—An employer 

10 may file with the Commission a motion to stay 

11 a period for the correction of a violation des12 ignated as serious, willful, or repeated. 

13 ‘‘(B) CRITERIA.—In determining whether 

14 a stay should be issued on the basis of a motion 

15 filed under subparagraph (A), the Commission 

16 shall consider whether— 

17 ‘‘(i) the employer has demonstrated a 

18 substantial likelihood of success on its con19 test to the citation; 

20 ‘‘(ii) the employer will suffer irrep21 arable harm absent a stay; and 

22 ‘‘(iii) a stay will adversely affect the 

23 health or safety of workers. 

24 ‘‘(C) RULES OF PROCEDURE.—The Com25 mission shall develop rules of procedure for conVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 ducting a hearing on a motion filed under sub2 paragraph (A) on an expedited basis. At a min3 imum, such rules shall provide: 

4 ‘‘(i) That a hearing before an admin5 istrative law judge shall occur not later 

6 than 15 days following the filing of the 

7 motion for a stay (unless extended at the 

8 request of the employer), and shall provide 

9 for a decision on the motion not later than 

10 15 days following the hearing (unless ex11 tended at the request of the employer). 

12 ‘‘(ii) That a decision of an administra13 tive law judge on a motion for stay is ren14 dered on a timely basis. 

15 ‘‘(iii) That if a party is aggrieved by 

16 a decision issued by an administrative law 

17 judge regarding the stay, such party has 

18 the right to file an objection with the Com19 mission not later than 5 days after receipt 

20 of the administrative law judge’s decision. 

21 Within 10 days after receipt of the objec22 tion, a Commissioner, if a quorum is seat23 ed pursuant to section 12(f), shall decide 

24 whether to grant review of the objection. 

25 If, within 10 days after receipt of the obVerDate Sep 11 2014 06:08 May 09, 2015 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1145.IS S1145

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1 jection, no decision is made on whether to 

2 review the decision of the administrative 

3 law judge, the Commission declines to re4 view such decision, or no quorum is seated, 

5 the decision of the administrative law 

6 judge shall become a final order of the 

7 Commission. If the Commission grants re8 view of the objection, the Commission shall 

9 issue a decision regarding the stay not 

10 later than 30 days after receipt of the ob11 jection. If the Commission fails to issue 

12 such decision within 30 days, the decision 

13 of the administrative law judge shall be14 come a final order of the Commission. 

15 ‘‘(iv) For notification to employees or 

16 representatives of affected employees of re17 quests for such hearings and shall provide 

18 affected employees or representatives of af19 fected employees an opportunity to partici20 pate as parties to such hearings.’’. 

21 SEC. 705. CONFORMING AMENDMENTS. 

22 Section 17(d) of the Occupational Safety and Health 

23 Act of 1970 (29 U.S.C. 666(d)) is amended to read as 

24 follows: 


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1 ‘‘(d) Any employer who fails to correct a violation 

2 designated by the Secretary as serious, willful, or repeated 

3 and for which a citation has been issued under section 9(a) 

4 within the period permitted for its correction (and a stay 

5 has not been issued by the Commission under section 

6 10(d)) may be assessed a civil penalty of not more than 

7 $7,000 for each day during which such failure or violation 

8 continues. Any employer who fails to correct any other vio9 lation for which a citation has been issued under section 

10 9(a) of this title within the period permitted for its correc11 tion (which period shall not begin to run until the date 

12 of the final order of the Commission in the case of any 

13 review proceeding under section 10 initiated by the em14 ployer in good faith and not solely for delay of avoidance 

15 of penalties) may be assessed a civil penalty of not more 

16 than $7,000 for each day during which such failure or vio17 lation continues.’’. 

18 SEC. 706. CIVIL PENALTIES. 

19 (a) IN GENERAL.—Section 17 of the Occupational 

20 Safety and Health Act of 1970 (29 U.S.C. 666) is amend21 ed— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘$70,000’’ and inserting 

24 ‘‘$120,000’’; 


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1 (B) by striking ‘‘$5,000’’ and inserting 

2 ‘‘$8,000’’; and 

3 (C) by adding at the end the following: ‘‘In 

4 determining whether a violation is repeated, the 

5 Secretary shall consider the employer’s history 

6 of violations under this Act and under State oc7 cupational safety and health plans established 

8 under section 18. If such a willful or repeated 

9 violation caused or contributed to the death of 

10 an employee, such civil penalty amounts shall 

11 be increased to not more than $250,000 for 

12 each such violation, but not less than $50,000 

13 for each such violation, except that for an em14 ployer with 25 or fewer employees such penalty 

15 shall not be less than $25,000 for each such 

16 violation.’’; 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘$7,000’’ and inserting 

19 ‘‘$12,000’’; and 

20 (B) by adding at the end the following: ‘‘If 

21 such a violation caused or contributed to the 

22 death of an employee, such civil penalty 

23 amounts shall be increased to not more than 

24 $50,000 for each such violation, but not less 

25 than $20,000 for each such violation, except 


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1 that for an employer with 25 or fewer employ2 ees such penalty shall not be less than $10,000 

3 for each such violation.’’; 

4 (3) in subsection (c), by striking ‘‘$7,000’’ and 

5 inserting ‘‘$12,000’’; 

6 (4) in subsection (d), as amended by section 

7 705, by striking ‘‘$7,000’’ each place it occurs and 

8 inserting ‘‘$12,000’’; 

9 (5) by redesignating subsections (e) through (l) 

10 as subsections (f) through (m), respectively; and 

11 (6) in subsection (j) (as redesignated by para12 graph (5)), by striking ‘‘$7,000’’ and inserting 

13 ‘‘$12,000;’’. 

14 (b) INFLATION ADJUSTMENT.—Section 17 of such 

15 Act is further amended by inserting after subsection (d) 

16 the following: 

17 ‘‘(e) Amounts provided under this section for civil 

18 penalties shall be adjusted by the Secretary at least once 

19 during each 4-year period beginning January 1, 2016, to 

20 account for the percentage increase or decrease in the 

21 Consumer Price Index for all urban consumers during 

22 such period.’’. 


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1 SEC. 707. CRIMINAL PENALTIES. 

2 (a) IN GENERAL.—Section 17 of the Occupational 

3 Safety and Health Act of 1970 (29 U.S.C. 666) (as 

4 amended by sections 705 and 706) is further amended— 

5 (1) by amending subsection (f) to read as fol6 lows: 

7 ‘‘(f)(1) Any employer who knowingly violates any 

8 standard, rule, or order promulgated under section 6, or 

9 of any regulation prescribed under this Act, and that viola10 tion caused or contributed to the death of any employee, 

11 shall, upon conviction, be punished by a fine in accordance 

12 with title 18, United States Code, by imprisonment for 

13 not more than 10 years, or by both, except that if the 

14 conviction is for a violation committed after a first convic15 tion of such person under this subsection or subsection 

16 (i), punishment shall be by a fine in accordance title 18, 

17 United States Code, by imprisonment for not more than 

18 20 years, or by both. 

19 ‘‘(2) For the purpose of this subsection, the term ‘em20 ployer’ means, in addition to the definition contained in 

21 section 3, any officer or director.’’; 

22 (2) in subsection (g), by striking ‘‘fine of not 

23 more than $1,000 or by imprisonment for not more 

24 than six months,’’ and inserting ‘‘fine in accordance 

25 with title 18, United States Code, or by imprison26 ment for not more than 2 years,’’; 


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1 (3) in subsection (h), by striking ‘‘fine of not 

2 more than $10,000, or by imprisonment for not 

3 more than six months,’’ and inserting ‘‘fine in ac4 cordance with title 18, United States Code, or by 

5 imprisonment for not more than 5 years,’’; 

6 (4) by redesignating subsections (j) through 

7 (m) as subsections (k) through (n), respectively; and 

8 (5) by inserting after subsection (i) the fol9 lowing: 

10 ‘‘(j)(1) Any employer who knowingly violates any 

11 standard, rule, or order promulgated under section 6, or 

12 any regulation prescribed under this Act, and that viola13 tion causes or contributes to serious bodily harm to any 

14 employee but does not cause death to any employee, shall, 

15 upon conviction, be punished by a fine in accordance with 

16 title 18, United States Code, by imprisonment for not 

17 more than 5 years, or by both, except that if the conviction 

18 is for a violation committed after a first conviction of such 

19 person under this subsection or subsection (e), punishment 

20 shall be by a fine in accordance with title 18, United 

21 States Code, by imprisonment for not more than 10 years, 

22 or by both. 

23 ‘‘(2) For the purpose of this subsection, the term ‘em24 ployer’ means, in addition to the definition contained in 

25 section 3, any officer or director. 


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1 ‘‘(3) For purposes of this subsection, the term ‘seri2 ous bodily harm’ means bodily injury or illness that in3 volves— 

4 ‘‘(A) a substantial risk of death; 

5 ‘‘(B) protracted unconsciousness; 

6 ‘‘(C) protracted and obvious physical disfigure7 ment; or 

8 ‘‘(D) protracted loss or impairment, either tem9 porary or permanent, of the function of a bodily 

10 member, organ, or mental faculty.’’. 

11 (b) JURISDICTION FOR PROSECUTION UNDER STATE

12 AND LOCAL CRIMINAL LAWS.—Section 17 of such Act (29 

13 U.S.C. 666) (as amended by this Act) is further amended 

14 by adding at the end the following: 

15 ‘‘(o) Nothing in this Act shall preclude a State or 

16 local law enforcement agency from conducting criminal 

17 prosecutions in accordance with the laws of such State or 

18 locality.’’. 

19 SEC. 708. PENALTIES. 

20 Section 17(n) of the Occupational Safety and Health 

21 Act of 1970 (as redesignated by section 707(a)(4)) (29 

22 U.S.C. 666(n)) is amended by adding at the end the fol23 lowing: ‘‘Pre-final order interest on such penalties shall 

24 begin to accrue on the date the party contests a citation 

25 issued under this Act, and shall end upon the issuance 


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1 of the final order. Such pre-final order interest shall be 

2 calculated at the current underpayment rate determined 

3 by the Secretary of the Treasury pursuant to section 6621 

4 of the Internal Revenue Code of 1986, and shall be com5 pounded daily. Post-final order interest shall begin to ac6 crue 30 days after the date a final order of the Commis7 sion or the court is issued, and shall be charged at the 

8 rate of 8 percent per year.’’. 

9 SEC. 709. EFFECTIVE DATE. 

10 (a) GENERAL RULE.—Except as provided for in sub11 section (b), this title and the amendments made by this 

12 title shall take effect not later than 90 days after the date 

13 of the enactment of this Act. 

14 (b) EXCEPTION FOR STATES AND POLITICAL SUB15 DIVISIONS.—The following are exceptions to the effective 

16 date described in subsection (a): 

17 (1) A State that has a State plan approved 

18 under section 18 of the Occupational Safety and 

19 Health Act of 1970 (29 U.S.C. 667) shall amend its 

20 State plan to conform with the requirements of this 

21 Act and the amendments made by this Act not later 

22 than 12 months after the date of the enactment of 

23 this Act. The Secretary of Labor may extend the pe24 riod for a State to make such amendments to its 

25 State plan by not more than 12 months, if the 


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1 State’s legislature is not in session during the 12- 

2 month period beginning with the date of the enact3 ment of this Act. Such amendments to the State 

4 plan shall take effect not later than 90 days after 

5 the adoption of such amendments by such State. 

6 (2) This Act and the amendments made by this 

7 Act shall take effect not later than 36 months after 

8 the date of the enactment of this Act with respect 

9 to a workplace of a State, or a political subdivision 

10 of a State, that does not have a State plan approved 

11 under such section 18 (29 U.S.C. 667). 

Æ 


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