(2) RESEARCH.—Section 22(h)(5)(A) of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 671(h)(5)(A)) is amended by adding before 
the period at the end thereof: ‘‘including advanced 
drilling technologies, and any special technologies re-
quired for safety or rescue in mining more than 
1,500 feet in depth’’. 
(f) Title I of the Act is amended by adding at the 
end thereof a new section: 
‘‘SEC. 117. EMERGENCY PREPAREDNESS PLAN. 
‘‘Not later than 6 months of the enactment of the 
S–MINER Act, the Secretary shall establish and dissemi-
nate guidelines for rescue operations that will: (1) estab-
lish clear lines of authority within the agency for such op-
erations; (2) establish clear lines of demarcation so private 
sector and State responders can properly implement their 
responsibilities; (3) be appropriate for rescue in various 
types of conditions reasonably likely to be encountered in 
the United States, including such factors as the depth of 
the mining, ground stability, ground slope, remoteness 
from major roads, surface ownership and access problems, 
and the availability of necessary communications linkages. 
The Secretary shall consult with States, rescue teams and 
other responders in developing such guidelines, and shall 
update them from time to time based upon experience.’’.
(g) AUTHORITY OF SECRETARY DURING RESCUE OP-
ERATIONS.—Section 103 (30 U.S.C. 813) is further 
amended— 
(1) in subsection (j), by adding at the end 
thereof: 
‘‘If the representative of the Secretary supervises and di-
rects the rescue and recovery activities in such mine, the 
operator shall comply with the requests of the authorized 
representative of the Secretary to facilitate rescue and re-
covery activities including the provision of all equipment, 
personnel, and other resources required to perform such 
activities in accordance with the schedule and require-
ments established by the representative of the Secretary 
for this purpose, and failure of the operator to comply in 
this regard shall be considered an egregious violation of 
this Act.’’; and 
(2) in subsection (k), by striking ‘‘, when 
present,’’. 
(h) RESCUE COMMUNICATIONS.— 
(1) REPEAL.—The MINER Act (30 U.S.C. 801 
note) is amended by striking section 7, redesignating 
sections 8 and 9 as sections 7 and 8, and sections 
11 through 14 as sections 9 through 12, respec-
tively.
(2) AMENDMENT TO FMSHA.—Title I of the Act 
is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 118. FAMILY LIAISONS REQUIREMENT. 
‘‘The Secretary shall— 
‘‘(1) designate a full-time permanent employee 
of the Mine Safety and Health Administration to 
serve as a Family Liaison, who shall, at least in in-
stances where multiple miners are trapped, severely 
injured or killed, act as the primary communication 
with the families of the miners concerning all as-
pects of the rescue operations, including the location 
or condition of miners, and assist the families in get-
ting answers to their questions, and otherwise serve 
as a liaison to the families, and provide for the tem-
porary reassignment of other personnel who may be 
required to assist the Family Liaison in connection 
with a particular incident; 
‘‘(2) require the Mine Safety and Health Ad-
ministration to be as responsive as possible to re-
quests from the families of such miners for informa-
tion relating to the mine accident, and waive any 
fees required for the production of documents pursu-
ant to 5 U.S.C. 552(a)(3) in connection with a re-
quest from a family member, or authorized rep-
resentative of miners, for documents relating to a 
mine fatality, notwithstanding any conditions for fee 
waivers law that may otherwise be imposed by law; 
and 
‘‘(3) designate a highly qualified representative 
of the Secretary with experience in public commu-
nications to be present at mine accident sites where 
rescues are in progress during the entire duration of 
such rescues, to serve as the primary communicator 
with the press and the public concerning all aspects 
of the rescue operations, including the location or 
condition of miners.’’. 
(3) CONFORMING
AMENDMENTS.—The Act is 
amended— 
(A) in section 103(f), by inserting before 
the period at the end of the first sentence the 
following: ‘‘, and to participate in any accident 
investigation pursuant to the requirements of 
this Act. Any family member of a miner 
trapped or otherwise unable to execute a des-
ignation of a miner representative on his or her 
own behalf may do so on behalf of the miner for 
any and all purposes’’; and 
(B) in section 316(b)(2)(E)(vi) (as added 
by this Act), by adding at the end the following:
‘‘The plan shall also set forth the operator’s 
plans for assisting the Secretary in the imple-
mentation of section 118.’’. 
(i) RECOVERY.—Section 103 is amended by adding 
at the end thereof— 
‘‘(l) Rescue efforts for trapped miners shall not cease 
as long as there is any possibility that miners are alive, 
unless such efforts pose a serious danger to rescue or 
other workers, and the decision to cease a rescue shall be 
made by the Secretary‘s representative. Thereafter, efforts 
to recover the remains of miners shall continue unless such 
efforts pose a serious danger to recovery workers, and the 
decision to cease such recovery efforts shall be made by 
the Secretary’s representative.’’. 
(j) ACCIDENT
AND INCIDENT INVESTIGATIONS.— 
Section 103(b) (30 U.S.C. 813(b), as amended by section 
5(k)(2) of this Act, is further amended— 
(1) by striking ‘‘For the purpose’’ and inserting 
the following: 
‘‘(3) For the purpose’’; 
(2) by inserting after the subsection designation 
the following: 
‘‘(1) For all accident and incident investigations 
under this Act, the Secretary shall determine why the acci-
dent or incident occurred; determine whether civil or
criminal requirements were violated and, if so, issue cita-
tions and penalties, and make recommendations to avoid 
any recurrence. The Secretary shall also determine wheth-
er the conduct or lack thereof by Agency personnel con-
tributed to the accident or incident. 
‘‘(2)(A) For any accidents or incidents involving mul-
tiple serious injuries or deaths, or multiple entrapments, 
there shall also be an independent investigation to con-
sider why the accident or incident occurred, make rec-
ommendations to avoid a recurrence, and determine 
whether the conduct or lack thereof by agency personnel 
contributed to the accident or incident. 
‘‘(B) Not later than 30 days after the date of enact-
ment of the S–MINER Act, the Secretary shall initiate 
rulemaking activity to establish rules on the procedures 
that will be used to investigate accidents and incidents in-
volving multiple serious injuries or deaths, or multiple en-
trapments, and shall directly contact and solicit the par-
ticipation of— 
‘‘(i) individuals identified by the Secretary as 
family members of miners who perished in mining 
accidents of any type during the preceding 10-year 
period; 
‘‘(ii) organizations representing miners; 
‘‘(iii) mine rescue teams;
‘‘(iv) Federal, State, and local investigation and 
prosecutorial authorities; and 
‘‘(v) others whom the Secretary determines may 
have information relevant to this rulemaking. 
Such rulemaking shall be completed by October 1, 2008. 
‘‘(C) The rules for the investigation of accidents or 
incidents involving multiple serious injuries or deaths, or 
multiple entrapments, shall provide for the appointment 
and operations of any such independent investigation team 
in accordance with the requirements of this paragraph. An 
independent investigation team shall be appointed by the 
Director of the National Institute for Occupational Safety 
and Health as soon as possible after a qualifying accident 
or incident. The members shall consist of— 
‘‘(i) a representative from the National Insti-
tute for Occupational Safety and Health who shall 
serve as the Chairman; 
‘‘(ii) a representative of mine operators with fa-
miliarity with the type of mining involved; 
‘‘(iii) a representative of mine workers with fa-
miliarity with the type of mining involved, who shall 
be the workers’ certified bargaining representative at 
the mine or, if there is no certified representative at 
the mine, then a workers’ representative jointly se-
lected by organized labor organizations:
‘‘(iv) an academic with expertise in mining; and 
‘‘(v) a representative of the State in which the 
accident or incident occurred to be selected by the 
Governor. 
‘‘(D) Such rules shall include procedures to ensure 
that the Secretary will be able to cooperate fully with the 
independent investigation team and will use the powers of 
the Secretary under this section to help obtain information 
and witnesses required by the independent investigation 
team, procedures to ensure witnesses are not coerced and 
to avoid conflicts of interest in witness representation, pro-
cedures to ensure confidentiality if requested by any wit-
ness, and procedures to enable the independent investiga-
tion team to conduct such public hearings as it deems ap-
propriate. Such rules shall also require that upon comple-
tion of any accident or incident investigation of accidents 
or incidents involving multiple serious injuries or deaths, 
or multiple entrapments, the independent investigation 
team shall— 
‘‘(i) issue findings as to the actions or inactions 
which resulted in the accident or incident; 
‘‘(ii) make recommendations as to policy, regu-
latory, enforcement or other changes, including stat-
utory changes, which in the judgment of the inde-
pendent investigation team would best prevent a re-
currence of such actions or inactions at other mines; 
and 
‘‘(iii) promptly make all such findings and rec-
ommendations public (except findings and rec-
ommendations that must be temporarily withheld in 
connection with a criminal referral), including appro-
priate public hearings to inform the mining commu-
nity of their respective findings and recommenda-
tions. 
‘‘(E) As part of the Secretary’s annual report to Con-
gress pursuant to section 511(a), the Secretary shall re-
port on implementation of recommendations issued by any 
independent investigation teams in the preceding 5 
years.’’; and 
(3) by adding at the end the following: 
‘‘(4) Nothing in this Act shall be construed to limit 
the authority of the Chemical Safety and Hazard Inves-
tigation Board to conduct an independent investigation of 
the accident or incident or the events or factors resulting 
therein, nor with the authority of the Office of the Inspec-
tor General to conduct an investigation of the conduct of 
DOL personnel in connection with an accident or incident 
or the events or factors resulting therein, and the Sec-
retary shall cooperate in full with any such investigation.
Such investigation shall be in addition to any investigation 
authorized by section 103(b).’’. 
SEC. 7. RESPIRABLE DUST STANDARDS. 
(a) 
RESPIRABLE
DUST; 
RESPIRABLE
SILICA 
DUST.—Section 202 (30 U.S.C. 842) is amended to read 
as follows: 
‘‘SEC. 202. DUST STANDARD AND RESPIRATORY EQUIP-
MENT. 
‘‘(a)(1) Effective on the date of enactment of the S– 
MINER Act, each coal mine operator shall continuously 
maintain the concentration of respirable dust in the mine 
atmosphere during each shift to which each miner in the 
active workings of such mine is exposed at or below a time- 
weighted average of 1.00 milligrams of respirable dust per 
cubic meter of air averaged over 10 hours or its dose- 
equivalent for shorter or longer period of time. For pur-
poses of this paragraph, ‘a dose-equivalent’ means the 
amount of dust that a miner would inhale during his work 
shift as if he were working for 10 hours, and the term 
‘shift’ means portal-to-portal for underground coal mines 
and ‘bank to bank’ for other coal mines. 
‘‘(2) At regular intervals to be prescribed by the Sec-
retary and the Secretary of Health and Human Services, 
the Secretary will take accurate samples of the amount 
of respirable dust in the coal mine atmosphere to which
each miner in the active workings of such mine is exposed 
in order to determine compliance with the requirements 
of paragraph (a)(1) of this section. In addition, the Sec-
retary shall cause to be made such frequent spot inspec-
tions as he deems appropriate of the active workings of 
coal mines for the purpose of obtaining compliance with 
the provisions of this title. All samples by the Secretary 
shall be taken by a personal dust monitor that measures, 
records and displays in real time the concentration of res-
pirable dust to which the miner wearing the device is ex-
posed, and shall include the sampling of areas, occupations 
or persons. There is authorized to be appropriated to the 
Secretary $30,000,000 to purchase personal dust monitors 
for the purposes of the preceding sentence. For the pur-
poses of determining compliance with the exposure limit 
for respirable dust, only a single sample shall be required 
to determine non-compliance, and there shall be no adjust-
ment for measurement error in the measured level of res-
pirable dust. 
‘‘(3) At intervals established by the Secretary, each 
operator of a coal mine shall take accurate samples of the 
amount of respirable dust in the mine atmosphere to 
which each miner in the active workings of such mine is 
exposed to identify sources of exposure so that the oper-
ator can take corrective action and assure that the expo-
sure of each mine is below the exposure limit. Under the 
provisions of this Act, all such samples shall be taken by 
a personal dust monitor that measures, records and dis-
plays the concentration of respirable dust to which the 
miner wearing the device is exposed, and may include sam-
ples of less than a full shift. The results of such sampling 
shall be transmitted to the Secretary in a manner estab-
lished by him, and recorded by him in a manner that will 
assure application of the provisions of this section of the 
Act. 
‘‘(4) Each miner shall be equipped with a personal 
dust monitor that measures, records and displays in real 
time the concentration of respirable dust to which the 
miner wearing the device is exposed. Each miner shall be 
permitted to adjust his work activities whenever necessary 
to keep his exposure to respirable coal dust, as measured, 
recorded and displayed by such device, at all times at or 
below the permitted concentration. 
‘‘(b) Effective on the date of enactment of the S– 
MINER Act, each operator of a coal or other mine shall 
continuously maintain the concentration of respirable sili-
ca dust in the mine atmosphere during each shift to which 
each miner in the active workings of such mine is exposed 
at or below a time-weighted average of 0.05 milligrams 
of respirable silica dust per cubic meter of air averaged
over ten hours or its dose-equivalent for shorter or longer 
period of time. For the purposes of this paragraph, com-
pliance shall be determined by the sampling of areas, occu-
pations or persons, only a single sample shall be required 
to determine non-compliance, and there shall be no adjust-
ment for measurement error in the measured level of res-
pirable silica dust. For the purposes of this paragraph, 
a ‘dose-equivalent’ means the amount of dust that a miner 
would inhale during his work shift as if he were working 
for 10 hours, and the term ‘shift’ means portal-to-portal 
for underground mines and ‘bank to bank’ for other 
mines. 
‘‘(c) Respiratory equipment approved by the Sec-
retary and the Secretary of Health and Human Services 
shall be made available to all persons whenever exposed 
to concentrations of respirable dust or silica in excess of 
the levels required to be maintained under this section. 
Use of respirators shall not be substituted for environ-
mental control measures in the active workings. Each op-
erator shall maintain a supply of respiratory equipment 
adequate to deal with occurrences of concentrations of res-
pirable dust and silica in the mine atmosphere in excess 
of the levels required to be maintained under this section. 
‘‘(d) Each operator shall report and certify to the 
Secretary at such intervals as the Secretary may require
as to the conditions in the active workings of a coal mine, 
including, the average number of working hours worked 
during each shift, the quantity and velocity of air regularly 
reaching the working faces, the method of mining, the 
amount and pressure of the water, if any, reaching the 
working faces, and the number, location, and type of 
sprays, if any, used.’’. 
(b) CONFORMING AMENDMENT.—Section 205 (30 
U.S.C. 845) is repealed. 
(c) ASSESSMENT ON PROGRAM OPERATIONS OF CU-
MULATIVE IMPACT OF EXTERNAL REQUIREMENTS ADDED 
SINCE 1977.—The Secretary shall request the National 
Academy of Sciences to conduct a study of the impact on 
the mine safety and health responsibilities of the Depart-
ment of Labor of various statutes, executive orders, and 
memoranda applicable to the issuance of rulemaking and 
guidance and to enforcement. The study shall include an 
assessment of the Equal Access to Justice Act, the Regu-
latory Flexibility Act, the Small Business Regulatory En-
forcement Fairness Act, the Data Quality Act, the Paper-
work Reduction Act, the Unfunded Mandates Reform Act, 
the Federal Advisory Committee Act, the Congressional 
Review Act, Executive Order 12866, Executive Order 
13422, and memoranda from the Office of Management 
and Budget on guidance, risk assessment and cost anal-
ysis. The Secretary shall request that the National Acad-
emy of Sciences consult widely with experts in administra-
tive law and other disciplines knowledgeable about such 
requirements, and to quantify to the extent possible the 
costs to miners of the aforementioned requirements. The 
Secretary shall further request that recommendations be 
included in the report, and that such report and rec-
ommendations be completed, and forwarded to the Con-
gress, no later than 21 months after the date of enactment 
of this Act. 
SEC. 8. OTHER HEALTH REQUIREMENTS. 
(a) AIR CONTAMINANTS.—Section 101 of (30 U.S.C. 
811) is amended by adding at the end the following: 
‘‘(f) Notwithstanding the other requirements of this 
section, not later than 30 days of the enactment of the 
S–MINER Act, the National Institute for Occupational 
Safety and Health shall forward to the Secretary its Rec-
ommended Exposure Limits (RELs) for chemical and 
other hazards to which miners may be exposed, along with 
the research data and other necessary information. Within 
30 days of receipt of this information, the Secretary shall 
to adopt such recommended exposure limits as the Permis-
sible Exposure Limits (PELs) for application in the min-
ing industry. The National Institute of Occupational Safe-
ty and Health shall annually submit to the Secretary any
additional or revised recommended exposure limits for all 
chemicals and other hazards to which miners may be ex-
posed, and the Secretary shall be obligated to adopt such 
exposure limits as PELs for application in the mining in-
dustry within 30 days of receipt of such information. Upon 
petition from miners or mine operators providing credible 
evidence that feasibility may be an issue for the industry 
as a whole, the Secretary may review the feasibility of any 
PEL established pursuant to this paragraph before plac-
ing it into effect and, following public notice and comment, 
make necessary adjustments thereto, provided that the ad-
justed standard is as protective as is feasible, and that 
the PEL shall go into effect as required by the other provi-
sions of this paragraph if such action is not completed 
within one year. Moreover, upon petition from miners or 
mine operators providing credible evidence that a REL 
issued by the National Institute of Occupational Safety 
and Health lacks the specificity required to serve as a 
PEL pursuant to this Act, the Secretary may defer imple-
mentation of the requirements of this paragraph and shall 
promptly request National Institute of Occupational Safe-
ty and Health to recommend a sufficiently detailed REL, 
at which time the provisions of this paragraph shall be 
implemented. Nothing in this subsection shall limit the 
ability of the National Institute of Occupational Safety
and Health to make such recommendations more fre-
quently than 1 time per year, nor limit the Secretary from 
establishing requirements for chemical and other sub-
stances or health hazards in the mining industry that are 
more comprehensive and protective than those established 
pursuant to this subsection and in accordance with the 
other requirements of this section.’’. 
(b) ASBESTOS.—Section 101 (30 U.S.C. 811) is fur-
ther amended by adding at the end the following: 
‘‘(g) The health standard for asbestos established by 
the Occupational Safety and Health Administration that 
is set forth in section 1910.1001 of title 29, Code of Fed-
eral Regulations, or any subsequent revision of that regu-
lation, shall be adopted by the Secretary for application 
in the mining industry not later than 30 days of the enact-
ment of the S–MINER Act. Nothing in this paragraph 
shall preclude the Secretary from adopting regulations to 
address asbestos hazards to miners not covered by the reg-
ulations of the Occupational Safety and Health Adminis-
tration.’’. 
(c) HAZARD COMMUNICATION.—Section 101 (30 
U.S.C. 811) is further amended by adding at the end the 
following: 
‘‘(h) Unless and until there is additional rulemaking 
pursuant to the requirements of this section, the Secretary
shall apply the provisions of the interim final rule of Octo-
ber 3, 2000, concerning hazard communication, in lieu of 
the final rule of June 21, 2002, concerning hazard com-
munication.’’. 
(d) STUDY ON MINER SUBSTANCE ABUSE ISSUES 
THAT POSE SAFETY RISKS.— 
(1) STUDY.—The Secretary of Labor shall con-
duct a study providing expert review and rec-
ommendations of policies designed to deal with sub-
stance abuse by miners, including the causes, na-
ture, and extent of such abuse, its impact on mine 
safety and health, best practices for treatment, reha-
bilitation, and substance abuse testing policies, and 
the adequacy of State laws and approaches. In con-
ducting such study, the Secretary shall solicit the 
views of and consult with all interested parties, in-
cluding miners, miners’ representatives, mine opera-
tors, appropriate State agencies, and public health 
and substance abuse experts. 
(2) REPORT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary 
shall report the findings and recommendations of the 
study to the Committee on Education and Labor of 
the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Sen-
ate. 
(3) ADDITIONAL AUTHORITY.—If, as a result of 
the study, the Secretary determines it to be feasible 
and effective, the Secretary shall be authorized to 
establish a program, in consultation with the parties 
described in paragraph (1), within the Mine Safety 
and Health Administration to provide for substance 
abuse testing of miners as well as rehabilitation and 
treatment of miners suffering from substance abuse. 
(e) GRANTS FOR REHABILITATION.— 
(1) IN GENERAL.—The Secretary of Labor, in 
consultation with the Secretary of Health and 
Human Services, is authorized to award grants to 
appropriate entities and programs for the purpose of 
providing rehabilitation services to current and 
former miners suffering from mental health impair-
ments, including drug addiction and substance abuse 
issues, which may have been caused or exacerbated 
by their work as miners. The Secretary shall ensure 
such funds are directed to those regions of the coun-
try most in need of such assistance. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary of Labor $10,000,000 to carry out the grant 
program authorized by this subsection. 
SEC. 9. MINE SAFETY PROGRAM FUND. 
Title I is further amended by adding at the end the 
following: 
‘‘SEC. 117. MINE SAFETY PROGRAM FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account to be known as the ‘Mine 
Safety Program Fund’ (in this section referred to as the 
‘Fund’). 
‘‘(b) TRANSFERS TO THE FUND.—There shall be de-
posited in the Fund— 
‘‘(1) all penalties collected under section 110; 
and 
‘‘(2) any gifts, bequests, or donations to the 
Fund from private entities or individuals, which the 
Secretary of the Treasury is authorized to accept for 
deposit into the Fund, except that the Secretary is 
not authorized to accept any such gift, bequest, or 
donation that— 
‘‘(A) attaches conditions inconsistent with 
applicable laws or regulations; or 
‘‘(B) is conditioned upon or would require 
the expenditure of appropriated funds that are 
not available to the Secretary of Labor.
‘‘(c) EXPENDITURES.—Amounts in the Fund shall be 
available, as provided in appropriations Acts, only for in-
spections and investigations conducted pursuant to section 
103.’’. 
Passed the House of Representatives January 16, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 2768 
AN ACT 
To establish improved mandatory standards to pro-
tect miners during emergencies, and for other 
purposes.