I 
111TH CONGRESS 
2D SESSION 
H. R. 6495 
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 HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2010 
Mr. GEORGE MILLER of California (for himself and Ms. WOOLSEY) introduced 
the following bill; which was referred to the Committee on Education and 
Labor 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Robert C. Byrd Mine Safety Protection Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 inves-
tigations. 
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. A pattern of recurring noncompliance or accidents. 
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 plan. 
Sec. 206. GAO Study on MSHA 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—WORKER RIGHTS AND PROTECTIONS 
Sec. 401. Protection from retaliation. 
Sec. 402. Protection from loss of pay. 
Sec. 403. Underground coal miner employment standard for mines placed in 
pattern status. 
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. Technology related to respirable dust. 
Sec. 505. Refresher training on miner rights and responsibilities. 
Sec. 506. Authority to mandate additional training. 
Sec. 507. Certification of personnel. 
TITLE VI—ADDITIONAL MINE SAFETY PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Assistance to States. 
Sec. 603. Black lung medical reports. 
Sec. 604. Rules of application to certain mines. 
SEC. 2. REFERENCES. 
Except in title VII and as otherwise expressly pro-
vided, whenever in this Act an amendment is expressed 
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as an amendment to a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of the Federal Mine Safety and Health Act of 
1977 (30 U.S.C. 801 et seq.). 
TITLE I—ADDITIONAL INSPEC-
TION 
AND 
INVESTIGATION 
AUTHORITY 
SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS. 
(a) IN
GENERAL.—Section 103(b) (30 U.S.C. 
813(b)) is amended by striking ‘‘(b) For the purpose’’ and 
inserting the following: 
‘‘(b) ACCIDENT INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—For all accident investiga-
tions under this Act, the Secretary shall— 
‘‘(A) determine why the accident occurred; 
‘‘(B) determine whether there were viola-
tions of law, mandatory health and safety 
standards, or other requirements, and if there 
is evidence of conduct that may constitute a 
violation of Federal criminal law, the Secretary 
may refer such evidence to the Attorney Gen-
eral; and 
‘‘(C) make recommendations to avoid any 
recurrence. 
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‘‘(2) 
INDEPENDENT
ACCIDENT
INVESTIGA-
TIONS.— 
‘‘(A) IN GENERAL.—There shall be, in ad-
dition to an accident investigation under para-
graph (1), an independent investigation by an 
independent investigation panel (referred to in 
this subsection as the ‘Panel’) appointed under 
subparagraph (B) for— 
‘‘(i) any accident involving 3 or more 
deaths; or 
‘‘(ii) any accident that is of such se-
verity or scale for potential or actual harm 
that, in the opinion of the Secretary of 
Health and Human Services, the accident 
merits an independent investigation. 
‘‘(B) APPOINTMENT.— 
‘‘(i) IN GENERAL.—As soon as prac-
ticable after an accident described in sub-
paragraph (A), the Secretary of Health 
and Human Services shall appoint 5 mem-
bers for the Panel required under this 
paragraph from among individuals who 
have expertise in accident investigations, 
mine engineering, or mine safety and 
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health that is relevant to the particular in-
vestigation. 
‘‘(ii) CHAIRPERSON.—The Panel shall 
include, and be chaired by, a representative 
from the Office of Mine Safety and Health 
Research, of the National Institute for Oc-
cupational Safety and Health (referred to 
in this subsection as NIOSH). 
‘‘(iii) CONFLICTS
OF
INTEREST.— 
Panel members, and staff and consultants 
assisting the Panel with an investigation, 
shall be free from conflicts of interest with 
regard to the investigation, and be subject 
to the same standards of ethical conduct 
for persons employed by the Secretary. 
‘‘(iv) COMPOSITION.—The Secretary 
of Health and Human Services shall ap-
point as members of the Panel— 
‘‘(I) 1 operator of a mine or indi-
vidual representing mine operators, 
and 
‘‘(II) 1 representative of a labor 
organization that represents miners, 
and may not appoint more than 1 of either 
such individuals as members of the Panel. 
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‘‘(v) STAFF AND EXPENSES.—The Di-
rector of NIOSH shall designate NIOSH 
staff to facilitate the work of the Panel. 
The Director may accept as staff personnel 
on detail from other Federal agencies or 
re-employ annuitants. The detail of per-
sonnel under this paragraph may be on a 
non-reimbursable basis, and such detail 
shall be without interruption or loss of civil 
service status or privilege. The Director of 
NIOSH shall have the authority to procure 
on behalf of the Panel such materials, sup-
plies or services, including technical ex-
perts, as requested in writing by a majority 
of the Panel. 
‘‘(vi) COMPENSATION AND TRAVEL.— 
All members of the Panel who are officers 
or employees of the United States shall 
serve without compensation in addition to 
that received for their services as officers 
or employees of the United States. Each 
Panel member who is not an officer or em-
ployee of the United States shall be com-
pensated at a rate equal to the daily equiv-
alent of the annual rate of basic pay pre-
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scribed for level IV of the Executive Sched-
ule under section 5315 of title 5, United 
States Code, for each day (including travel 
time) during which such member is en-
gaged in the performance of duties of the 
Panel. The members of the Panel shall be 
allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 
1 of chapter 57 of title 5, United States 
Code, while away from their homes or reg-
ular places of business in the performance 
of services for the Panel. 
‘‘(C) DUTIES.—The Panel shall— 
‘‘(i) assess and identify any factors 
that caused the accident, including defi-
ciencies in safety management systems, 
regulations, enforcement, industry prac-
tices or guidelines, or organizational fail-
ures; 
‘‘(ii) identify and evaluate any con-
tributing actions or inactions of— 
‘‘(I) the operator; 
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‘‘(II) any contractors or other 
persons engaged in mining-related 
functions at the site; 
‘‘(III) any State agency with 
oversight responsibilities; 
‘‘(IV) any agency or office within 
the Department of Labor; or 
‘‘(V) any other person or entity 
(including equipment manufacturers); 
‘‘(iii) review the determinations and 
recommendations by the Secretary under 
paragraph (1); 
‘‘(iv) prepare a report that— 
‘‘(I) includes the findings regard-
ing the causal factors described in 
clauses (i) and (ii); 
‘‘(II) identifies any strengths and 
weaknesses in the Secretary’s inves-
tigation; and 
‘‘(III) includes recommendations, 
including 
interim 
recommendations 
where appropriate, to industry, labor 
organizations, 
State 
and 
Federal 
agencies, or Congress, regarding pol-
icy, regulatory, enforcement, adminis-
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trative, or other changes, which in the 
judgment of the Panel, would prevent 
a recurrence at other mines; and 
‘‘(v) publish such findings and rec-
ommendations (excluding any portions 
which the Attorney General requests that 
the Secretary withhold in relation to a 
criminal referral) and hold public meetings 
to inform the mining community and fami-
lies of affected miners of the Panel’s find-
ings and recommendations. 
‘‘(D) HEARINGS; APPLICABILITY OF CER-
TAIN FEDERAL LAW.—The Panel shall have the 
authority to conduct public hearings or meet-
ings, but shall not be subject to the Federal Ad-
visory Committee Act. All public hearings of the 
Panel shall be subject to the requirements 
under section 552b of title 5, United States 
Code. 
‘‘(E) 
MEMORANDUM
OF
UNDER-
STANDING.—Not later than 90 days after the 
date of enactment of the Robert C. Byrd Miner 
Safety and Health Act of 2010, the Secretary 
of Labor and the Secretary of Health and 
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Human Services shall conclude and publically 
issue a memorandum of understanding that— 
‘‘(i) outlines administrative arrange-
ments which will facilitate a coordination 
of efforts between the Secretary of Labor 
and the Panel, ensures that the Secretary’s 
investigation under paragraph (1) is not 
delayed or otherwise compromised by the 
activities of the Panel, and establishes a 
process to resolve any conflicts between 
such investigations; 
‘‘(ii) ensures that Panel members or 
staff will be able to participate in inves-
tigation activities (such as mine inspections 
and interviews) related to the Secretary of 
Labor’s investigation and will have full ac-
cess to documents that are assembled or 
produced in such investigation, and en-
sures that the Secretary of Labor will 
make all of the authority available to such 
Secretary under this section, including sub-
poena authority, to obtain information and 
witnesses which may be requested by such 
Panel; and 
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‘‘(iii) establishes such other arrange-
ments as are necessary to implement this 
paragraph. 
‘‘(F) PROCEDURES.—Not later than 90 
days after the date of enactment of the Robert 
C. Byrd Mine Safety Protection Act of 2010, 
the Secretary of Health and Human Services 
shall establish procedures to ensure the consist-
ency and effectiveness of Panel investigations. 
In establishing such procedures, such Secretary 
shall consult with independent safety investiga-
tion agencies, sectors of the mining industry, 
representatives of miners, families of miners in-
volved in fatal accidents, State mine safety 
agencies, and mine rescue organizations. Such 
procedures shall include— 
‘‘(i) authority for the Panel to use evi-
dence, samples, interviews, data, analyses, 
findings, or other information gathered by 
the Secretary of Labor, as the Panel deter-
mines valid; 
‘‘(ii) provisions to ensure confiden-
tiality if requested by any witness, to the 
extent permitted by law, and prevent con-
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flicts of interest in witness representation; 
and 
‘‘(iii) provisions for preservation of 
public access to the Panel’s records 
through the Secretary of Health and 
Human Services. 
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to carry out this subsection such sums as may 
be necessary. 
‘‘(3) POWERS AND PROCESSES.—For the pur-
pose’’. 
(b) REPORTING REQUIREMENTS.—Section 511(a) 
(30 U.S.C. 958(a)) is amended by inserting after ‘‘501,’’ 
the following: ‘‘the status of implementation of rec-
ommendations from each independent investigation panel 
under section 103(b) received in the preceding 5 years’’. 
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DUR-
ING INSPECTIONS AND INVESTIGATIONS. 
Section 103(b) (as amended by section 101) (30 
U.S.C. 813(b)) is further amended by adding at the end 
the following: 
‘‘(4) ADDITIONAL
POWERS.—For purposes of 
making inspections and investigations, the Secretary 
or the Secretary’s designee, may sign and issue sub-
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poenas for the attendance and testimony of wit-
nesses and the production of information, including 
all relevant data, papers, books, documents, and 
items of physical evidence, and administer oaths. 
Witnesses summoned shall be paid the same fees 
that are paid witnesses in the courts of the United 
States. In carrying out inspections and investiga-
tions under this subsection, authorized representa-
tives of the Secretary and attorneys representing the 
Secretary are authorized to question any individual 
privately. Under this section, any individual who is 
willing to speak with or provide a statement to such 
authorized representatives or attorneys representing 
the Secretary may do so without the presence, in-
volvement, or knowledge of the operator or the oper-
ator’s agents or attorneys. The Secretary shall keep 
the identity of an individual providing such a state-
ment confidential to the extent permitted by law. 
Nothing in this paragraph prevents any individual 
from being represented by that individual’s personal 
attorney.’’. 
SEC. 103. DESIGNATION OF MINER REPRESENTATIVE. 
Section 103(f) (30 U.S.C. 813(f)) is amended by in-
serting before the last sentence the following: ‘‘If any 
miner is entrapped or otherwise prevented as the result 
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of an accident in such mine from designating such a rep-
resentative directly, such miner’s closest relative may act 
on behalf of such miner in designating such a representa-
tive. If any miner is not currently working in such mine 
as the result of an accident in such mine, but would be 
currently working in such mine but for such accident, such 
miner may designate such a representative. A representa-
tive of miners shall have the right to participate in any 
accident investigation the Secretary initiates pursuant to 
subsection (b), including the right to participate in inves-
tigative interviews and to review all relevant papers, books, 
documents and records produced in connection with the 
accident investigation, unless the Secretary in consultation 
with the Attorney General excludes such representatives 
from the investigation on the grounds that inclusion would 
interfere with or adversely impact a criminal investigation 
that is pending or under consideration.’’. 
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO IN-
SPECTIONS AND INVESTIGATIONS. 
(a) HOURS OF INSPECTIONS.—Section 103(a) (30 
U.S.C. 813(a)) is amended by inserting after the third 
sentence the following: ‘‘Such inspections shall be con-
ducted during the various shifts and days of the week dur-
ing which miners are normally present in the mine to en-
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sure that the protections of this Act are afforded to all 
miners working all shifts.’’. 
(b) REVIEW OF MINE PATTERN STATUS.—Section 
103(a) is further amended by inserting before the last sen-
tence the following: ‘‘The Secretary shall, upon request by 
an operator, review with the appropriate mine officials the 
Secretary’s most recent evaluation for pattern status (as 
provided in section 104(e)) for that mine during the 
course of a mine’s regular quarterly inspection of an un-
derground mine or a biannual inspection of a surface 
mine, or, at the discretion of the Secretary, during the 
pre-inspection conference.’’. 
(c) INJURY
AND
ILLNESS
REPORTING.—Section 
103(d) (30 U.S.C. 813(d)) is amended by striking the last 
sentence and inserting the following: ‘‘The records to be 
kept and made available by the operator of the mine shall 
include man-hours worked and occupational injuries and 
illnesses with respect to the miners in their employ or 
under their direction or authority, and shall be maintained 
separately for each mine and be reported at a frequency 
determined by the Secretary, but at least annually. Inde-
pendent contractors (within the meaning of section 3(d)) 
shall be responsible for reporting accidents, occupational 
injuries and illnesses, and man-hours worked for each 
mine with respect to the miners in their employ or under 
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their direction or authority, and shall be reported at a fre-
quency determined by the Secretary, but at least annually. 
Reports or records of operators and contractors required 
and submitted to the Secretary under this subsection shall 
be signed and certified as accurate and complete by a 
knowledgeable and responsible person possessing a certifi-
cation, registration, qualification, or other approval, as 
provided for under section 118. Knowingly falsifying such 
records or reports shall be grounds for revoking such cer-
tification, registration, qualification, or other approval 
under the standards established under subsection (b)(1) 
of such section.’’. 
(d) ORDERS FOLLOWING
AN ACCIDENT.—Section 
103(k) (30 U.S.C. 813(k)) is amended by striking ‘‘, when 
present,’’. 
(e) CONFLICT OF INTEREST IN THE REPRESENTA-
TION OF MINERS.—Section 103(a) (30 U.S.C. 813(a)) is 
amended by adding at the end the following: ‘‘During in-
spections and investigations under this section, and during 
any litigation under this Act, no attorney shall represent 
or purport to represent both the operator of a coal or other 
mine and any other individual, unless such individual has 
knowingly and voluntarily waived all actual and reasonably 
foreseeable conflicts of interest resulting from such rep-
resentation. The Secretary is authorized to take such ac-
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tions as the Secretary considers appropriate to ascertain 
whether such individual has knowingly and voluntarily 
waived all such conflicts of interest. If the Secretary finds 
that such an individual cannot be represented adequately 
by such an attorney due to such conflicts of interest, the 
Secretary may petition the appropriate United States Dis-
trict Court which shall have jurisdiction to disqualify such 
attorney as counsel to such individual in the matter. The 
Secretary may make such a motion as part of an ongoing 
related civil action or as a miscellaneous action.’’. 
TITLE II—ENHANCED 
ENFORCEMENT AUTHORITY 
SEC. 201. TECHNICAL AMENDMENT. 
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘any mandatory health or 
safety standard’’ and inserting ‘‘any provision 
of this Act, including any mandatory health or 
safety standard or regulation promulgated 
under this Act’’; and 
(B) by striking ‘‘such mandatory health or 
safety standards’’ and inserting ‘‘such provi-
sions, regulations, or mandatory health or safe-
ty standards’’; and 
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