have communicated or attempted to com-
municate the safety or health concern to 
the operator and have not received from 
the operator a response reasonably cal-
culated to allay such concern. 
‘‘(2) COMPLAINT.—Any miner or other em-
ployee or representative of miners or applicant for 
employment who believes that he or she has been 
discharged, disciplined, or otherwise discriminated 
against by any person in violation of paragraph (1) 
may file a complaint with the Secretary alleging 
such discrimination not later than 180 days after 
the later of— 
‘‘(A) the last date on which an alleged vio-
lation of paragraph (1) occurs; or 
‘‘(B) the date on which the miner or other 
employee or representative knows or should rea-
sonably have known that such alleged violation 
occurred. 
‘‘(3) INVESTIGATION AND HEARING.— 
‘‘(A) COMMENCEMENT OF INVESTIGATION 
AND
INITIAL
DETERMINATION.—Upon receipt 
of such complaint, the Secretary shall forward 
a copy of the complaint to the respondent, and 
shall commence an investigation within 15 days 
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of the Secretary’s receipt of the complaint, and, 
as soon as practicable after commencing such 
investigation, make the determination required 
under subparagraph (B) regarding the rein-
statement of the miner or other employee. 
‘‘(B) REINSTATEMENT.—If the Secretary 
finds that such complaint was not frivolously 
brought, the Commission, on an expedited basis 
upon application of the Secretary, shall order 
the immediate reinstatement of the miner or 
other employee until there has been a final 
Commission order disposing of the underlying 
complaint of the miner or other employee. If ei-
ther the Secretary or the miner or other em-
ployee pursues the underlying complaint, such 
reinstatement shall remain in effect until the 
Commission has disposed of such complaint on 
the merits, regardless of whether the Secretary 
pursues such complaint by filing a complaint 
under subparagraph (D) or the miner or other 
employee pursues such complaint by filing an 
action under paragraph (4). If neither the Sec-
retary nor the miner or other employee pursues 
the underlying complaint within the periods 
specified in paragraph (4), such reinstatement 
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shall remain in effect until such time as the 
Commission may, upon motion of the operator 
and after providing notice and an opportunity 
to be heard to the parties, vacate such com-
plaint for failure to prosecute. 
‘‘(C) INVESTIGATION.—Such investigation 
shall include interviewing the complainant 
and— 
‘‘(i) providing the respondent an op-
portunity to submit to the Secretary a 
written response to the complaint and to 
present statements from witnesses or pro-
vide evidence; and 
‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and rebut 
any statements or evidence. 
‘‘(D) ACTION
BY
THE
SECRETARY.—If, 
upon such investigation, the Secretary deter-
mines that the provisions of this subsection 
have been violated, the Secretary shall imme-
diately file a complaint with the Commission, 
with service upon the alleged violator and the 
miner or other employee or representative of 
miners alleging such discrimination or inter-
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ference and propose an order granting appro-
priate relief. 
‘‘(E) ACTION OF THE COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing on the record (in accordance with sec-
tion 554 of title 5, United States Code, but 
without regard to subsection (a)(3) of such sec-
tion) and thereafter shall issue an order, based 
upon findings of fact, affirming, modifying, or 
vacating the Secretary’s proposed order, or di-
recting other appropriate relief. Such order 
shall become final 30 days after its issuance. 
The complaining miner or other employee, rep-
resentative, or applicant for employment may 
present additional evidence on his or her own 
behalf during any hearing held pursuant to this 
paragraph. 
‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a per-
son committing a violation of this subsection to 
take such affirmative action to abate the viola-
tion and prescribe a remedy as the Commission 
considers appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
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and interest and without loss of position or 
seniority, and restoration of the terms, 
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
complainant whole, and exemplary dam-
ages where appropriate; and 
‘‘(iii) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating 
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information. 
‘‘(4) NOTICE TO AND ACTION OF COMPLAIN-
ANT.— 
‘‘(A) NOTICE
TO
COMPLAINANT.—Not 
later than 90 days of the receipt of a complaint 
filed under paragraph (2), the Secretary shall 
notify, in writing, the miner or other employee, 
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applicant for employment, or representative of 
miners of his determination whether a violation 
has occurred. 
‘‘(B) ACTION
OF
COMPLAINANT.—If the 
Secretary, upon investigation, determines that 
the provisions of this subsection have not been 
violated, the complainant shall have the right, 
within 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his 
or her own behalf before the Commission, 
charging discrimination or interference in viola-
tion of paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
ing on the record (in accordance with section 
554 of title 5, United States Code, but without 
regard to subsection (a)(3) of such section), 
and thereafter shall issue an order, based upon 
findings of fact, dismissing or sustaining the 
complainant’s charges and, if the charges are 
sustained, granting such relief as it deems ap-
propriate as described in paragraph (3)(D). 
Such order shall become final 30 days after its 
issuance. 
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‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
any Federal or State law or common law, or under 
any collective bargaining agreement.’’. 
SEC. 402. PROTECTION FROM LOSS OF PAY. 
Section 111 (30 U.S.C. 821) is amended to read as 
follows: 
‘‘SEC. 111. ENTITLEMENT OF MINERS. 
‘‘(a) PROTECTION FROM LOSS OF PAY.— 
‘‘(1) WITHDRAWAL ORDERS.—If a coal or other 
mine or area of such mine is closed by an order 
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issued under section 103, 104, 107, 108, or 110, all 
miners working during the shift when such order 
was issued who are idled by such order shall be enti-
tled, regardless of the result of any review of such 
order, to full compensation by the operator at their 
regular rates of pay for the period they are idled, 
but for not more than the balance of such shift. If 
such order is not terminated prior to the next work-
ing shift, all miners on that shift who are idled by 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay for the pe-
riod they are idled, but for not more than four hours 
of such shift. If a coal or other mine or area of such 
mine is closed by an order issued under section 104, 
107 (in connection with a citation), 108, or 110, all 
miners who are idled by such order shall be entitled, 
regardless of the result of any review of such order, 
to full compensation by the operator at their regular 
rates of pay and in accordance with their regular 
schedules of pay for the entire period for which they 
are idled, not to exceed 60 days. 
‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 
Secretary finds that such mine or such area of a 
mine was closed by the operator in anticipation of 
the issuance of such an order, all miners who are 
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idled by such closure shall be entitled to full com-
pensation by the operator at their regular rates of 
pay and in accordance with their regular schedules 
of pay, from the time of such closure until such time 
as the Secretary authorizes reopening of such mine 
or such area of the mine, not to exceed 60 days, ex-
cept where an operator promptly withdraws miners 
upon discovery of a hazard, and notifies the Sec-
retary where required, and within the prescribed 
time period. 
‘‘(3) REFUSAL TO COMPLY.—Whenever an op-
erator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 
110, all miners employed at the affected mine who 
would have been withdrawn from, or prevented from 
entering, such mine or area thereof as a result of 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay, in addi-
tion to pay received for work performed after such 
order was issued, for the period beginning when 
such order was issued and ending when such order 
is complied with, vacated, or terminated. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due 
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under this section upon the filing of a complaint by 
a miner or his representative and after opportunity 
for hearing on the record subject to section 554 of 
title 5, United States Code. Whenever the Commis-
sion issues an order sustaining the complaint under 
this subsection in whole or in part, the Commission 
shall award the complainant reasonable attorneys’ 
fees and costs. 
‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been sub-
ject to a withdrawal order under section 103, 104, 
107, 108, or 110, and has reopened, to be closed 
again if compensation in accordance with the provi-
sions of this section is not paid by the end of the 
next regularly scheduled payroll period following the 
lifting of a withdrawal order. 
‘‘(c) EXPEDITED REVIEW.—If an order is issued 
which results in payments to miners under subsection (a), 
the operators shall have the right to an expedited review 
before the Commission using timelines and procedures es-
tablished pursuant to section 316(b)(2)(G)(ii).’’. 
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SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
The Federal Mine Safety and Health Act of 1977 is 
further amended by adding at the end of title I the fol-
lowing: 
‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
‘‘(a) IN GENERAL.—For purposes of ensuring min-
ers’ health and safety and miners’ right to raise concerns 
thereof, when an underground coal mine is placed in pat-
tern status pursuant to section 104(e), and for 3 years 
after such placement, the operator of such mine may not 
discharge or constructively discharge a miner who is paid 
on an hourly basis and employed at such underground coal 
mine without reasonable job-related grounds based on a 
failure to satisfactorily perform job duties, including com-
pliance with this Act and with mandatory health and safe-
ty standards or other regulations issued under this Act, 
or other legitimate business reason, where the miner has 
completed the employer’s probationary period, not to ex-
ceed 6 months. 
‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 
violation of subsection (a) may file a complaint in Federal 
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district court in the district where the mine is located 
within 1 year of such violation. 
‘‘(c) REMEDIES.—In an action under subsection (b), 
for any prevailing miner the court shall take affirmative 
action to further the purposes of the Act, which may in-
clude reinstatement with backpay and compensatory dam-
ages. Reasonable attorneys’ fees and costs shall be award-
ed to any prevailing miner under this section. 
‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A min-
er’s right to a cause of action under this section may not 
be waived with respect to disputes that have not arisen 
as of the time of the waiver. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to limit the availability of rights and rem-
edies of miners under any other State or Federal law or 
a collective bargaining agreement.’’. 
TITLE 
V—MODERNIZING 
HEALTH AND SAFETY STAND-
ARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by 
adding at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
(C), each operator of an underground coal mine shall im-
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plement a communication program at the underground 
coal mine to ensure that each miner is orally briefed on 
and made aware of, prior to traveling to or arriving at 
the miner’s work area and commencing the miner’s as-
signed tasks— 
‘‘(i) any conditions that are hazardous, or that 
violate a mandatory health or safety standard or a 
plan approved under this Act, where the miner is ex-
pected to work or travel; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area where the 
miner is expected to work or travel. 
‘‘(B) Not later than 180 days after the date of enact-
ment of the Robert C. Byrd Miner Safety and Health Act 
of 2010, the Secretary shall promulgate interim final rules 
implementing the requirements of subparagraph (A). The 
Secretary shall issue a final rule not later than 2 years 
after such date.’’. 
SEC. 502. ROCK DUST STANDARDS. 
(a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 
is amended— 
(1) by striking ‘‘Where rock’’ and inserting the 
following: ‘‘ROCK DUST.— 
‘‘(1) IN GENERAL.—Where rock’’; 
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(2) by striking ‘‘65 per centum’’ and all that 
follows and inserting ‘‘80 percent. Where methane is 
present in any ventilating current, the percentage of 
incombustible content of such combined dusts shall 
be increased 0.4 percent for each 0.1 percent of 
methane.’’; and 
(3) by adding at the end the following: 
‘‘(2) METHODS OF MEASUREMENT.— 
‘‘(A) IN GENERAL.—Each operator of an 
underground coal mine shall take accurate and 
representative samples which shall measure the 
total incombustible content of combined coal 
dust, rock dust, and other dust in such mine to 
ensure that the coal dust is kept below explosive 
levels through the appropriate application of 
rock dust. 
‘‘(B) DIRECT
READING
MONITORS.—By 
the later of June 15, 2011, or the date that is 
30 days after the Secretary of Health and 
Human Services has certified in writing that di-
rect reading monitors are commercially avail-
able to measure total incombustible content in 
samples of combined coal dust, rock dust, and 
other dust and the Department of Labor has 
approved such monitors for use in underground 
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coal mines, the Secretary shall require opera-
tors to take such dust samples using direct 
reading monitors. 
‘‘(C) REGULATIONS.—The Secretary shall, 
not later than 180 days after the date of enact-
ment of the Robert C. Byrd Miner Safety and 
Health Act of 2010, promulgate an interim 
final rule that prescribes methods for operator 
sampling of total incombustible content in sam-
ples of combined coal dust, rock dust, and other 
dust using direct reading monitors and includes 
requirements for locations, methods, and inter-
vals for mandatory operator sampling. 
‘‘(D) RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of the Rob-
ert C. Byrd Miner Safety and Health Act of 
2010, the Secretary of Health and Human 
Services shall, based upon the latest research, 
recommend to the Secretary of Labor any revi-
sions to the mandatory operator sampling loca-
tions, methods, and intervals included in the in-
terim final rule described in subparagraph (B) 
that may be warranted in light of such re-
search. 
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‘‘(3) LIMITATION.—Until a final rule is issued 
by the Secretary under section 502(b)(2) of the Rob-
ert C. Byrd Miner Safety and Health Act of 2010, 
any measurement taken by a direct reading monitor 
described in paragraph (2) shall not be admissible to 
establish a violation in an enforcement action under 
this Act.’’. 
(b) REPORT AND RULEMAKING AUTHORITY.— 
(1) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of 
Health and Human Services, in consultation with 
the Secretary of Labor, shall prepare and submit, 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, a report— 
(A) regarding whether any direct reading 
monitor described in section 304(d)(2)(B) of 
the Federal Mine Safety and Health Act of 
1977 (30 U.S.C. 864(d)(2)(B)) is sufficiently 
reliable and accurate for the enforcement of the 
mandatory health or safety standards by the 
Secretary of Labor under such Act, and wheth-
er additional improvement to such direct read-
ing monitor, or additional verification regarding 
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reliability and accuracy, would be needed for 
enforcement purposes; and 
(B) identifying any limitations or impedi-
ments for such use in underground coal mines. 
(2) AUTHORITY.—If the Secretary determines 
that such direct reading monitor is sufficiently reli-
able and accurate for the enforcement of mandatory 
health and safety standards under the Federal 
Mines Safety and Health Act of 1977 following such 
report or any update thereto, the Secretary shall 
promulgate a final rule authorizing the use of such 
direct reading monitor for purposes of compliance 
and enforcement, in addition to other methods for 
determining total incombustible content. Such rule 
shall specify mandatory operator sampling locations, 
methods, and intervals. 
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 
Section 317 (30 U.S.C. 877) is amended by adding 
at the end the following: 
‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 
‘‘(1) NIOSH RECOMMENDATIONS.—Not later 
than 1 year after the date of enactment of the Rob-
ert C. Byrd Miner Safety and Health Act of 2010, 
the Director of the National Institute for Occupa-
tional Safety and Health, acting through the Office 
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of Mine Safety and Health Research, in consulta-
tion, including through technical working groups, 
with operators, vendors, State mine safety agencies, 
the Secretary, and labor representatives of miners, 
shall issue recommendations to the Secretary regard-
ing— 
‘‘(A) how to ensure that atmospheric moni-
toring systems are utilized in the underground 
coal mining industry to maximize the health 
and safety of underground coal miners; 
‘‘(B) the implementation of redundant sys-
tems, such as the bundle tubing system, that 
can continuously monitor the mine atmosphere 
following incidents such as fires, explosions, en-
trapments, and inundations; and 
‘‘(C) other technologies available to con-
duct continuous atmospheric monitoring. 
‘‘(2) ATMOSPHERIC MONITORING SYSTEM REG-
ULATIONS.—Not later than 1 year following the re-
ceipt of the recommendations described in paragraph 
(1), the Secretary shall promulgate regulations re-
quiring that each operator of an underground coal 
mine install atmospheric monitoring systems, con-
sistent with such recommendations, that— 
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‘‘(A) protect miners where the miners nor-
mally work and travel; 
‘‘(B) provide real-time information regard-
ing methane and carbon monoxide levels, and 
airflow direction, as appropriate, with sensing, 
annunciating, and recording capabilities; and 
‘‘(C) can, to the maximum extent prac-
ticable, withstand explosions and fires.’’. 
SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST. 
Section 202(d) (30 U.S.C. 842(d)) is amended— 
(1) by striking ‘‘of Health, Education, and Wel-
fare’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘Not later than 2 years after the 
date of enactment of the Robert C. Byrd Miner 
Safety and Health Act of 2010, the Secretary shall 
promulgate final regulations that require operators, 
beginning on the date such regulations are issued, to 
provide coal miners with the maximum feasible pro-
tection from respirable dust, including coal and silica 
dust, that is achievable through environmental con-
trols, and that meet the applicable standards.’’. 
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SEC. 505. REFRESHER TRAINING ON MINER RIGHTS AND 
RESPONSIBILITIES. 
(a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 
825(a)(3)) is amended to read as follows: 
‘‘(3) all miners shall receive not less than 9 
hours of refresher training not less frequently than 
once every 12 months, and such training shall in-
clude one hour of training on the statutory rights 
and responsibilities of miners and their representa-
tives under this Act and other applicable Federal 
and State law, pursuant to a program of instruction 
developed by the Secretary and delivered by an em-
ployee of the Administration or by a trainer ap-
proved by the Administration that is a party inde-
pendent from the operator;’’. 
(b) NATIONAL HAZARD REPORTING HOTLINE.—Sec-
tion 115 (30 U.S.C. 825) is further amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) Any health and safety training program of in-
struction provided under this section shall include dis-
tribution to miners of information regarding miners’ 
rights under the Act, as well as a toll-free hotline tele-
phone number, which the Secretary shall maintain to re-
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ceive complaints from miners and the public regarding 
hazardous conditions, discrimination, safety or health vio-
lations, or other mine safety or health concerns. Informa-
tion regarding the hotline shall be provided in a portable, 
convenient format, such as a durable wallet card, to enable 
miners to keep the information on their person.’’. 
(c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN-
ING.—Notwithstanding section 115 of the Federal Mine 
Safety and Health Act (as amended by subsection (a)) (30 
U.S.C. 825) or the health and safety training program ap-
proved under such section, an operator shall ensure that 
all miners already employed by the operator on the date 
of enactment of this Act shall receive the one hour of stat-
utory rights and responsibilities training described in sec-
tion 115(a)(3) of such Act not later than 180 days after 
such date. 
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 
(a) IN GENERAL.—Section 115 (30 U.S.C. 825) is 
further amended by redesignating subsections (e) and (f) 
(as redesignated) as subsections (f) and (g) and inserting 
after subsection (d) (as redesignated) the following: 
‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN-
ING.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to issue an order requiring that an operator of a 
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‘‘(A) operates or supervises a coal or 
other mine; or 
‘‘(B) controls such mine by making or 
having the authority to make management 
or operational decisions that affect, directly 
or indirectly, the health or safety at such 
mine; or 
‘‘(2) any independent contractor per-
forming services or construction at such mine;’’. 
(b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 
802(e)) is amended by striking ‘‘the miners’’ and inserting 
‘‘any miner’’. 
(c) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 
802(g)) is amended by inserting after ‘‘or other mine’’ the 
following: ‘‘, and includes any individual who is not cur-
rently working in a coal or other mine but would be cur-
rently working in such mine, but for an accident in such 
mine’’. 
(d) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL 
VIOLATIONS.—Section 3 (30 U.S.C. 802) is further 
amended— 
(1) in subsection (m), by striking ‘‘and’’ after 
the semicolon; 
(2) in subsection (n), by striking the period at 
the end and inserting a semicolon; 
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(3) in subsection (o), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(p) ‘significant and substantial violation’ 
means a violation of this Act, including any manda-
tory health or safety standard or regulation promul-
gated under this Act, that is of such nature as could 
significantly and substantially contribute to the 
cause and effect of a coal or other mine safety or 
health hazard as described in section 104(d).’’. 
SEC. 602. ASSISTANCE TO STATES. 
Section 503 (30 U.S.C. 953(a)) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, in coordination with the Sec-
retary of Health, Education, and Welfare and 
the Secretary of the Interior,’’; 
(B) in paragraph (2), by striking ‘‘and’’ 
after the semicolon; 
(C) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) to assist such State in developing and im-
plementing any certification program for coal or 
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