FEDERAL COAL MINE HEALTH AND SAFETY ACT
DECEMBER 16, 1969. -- Ordered to be printed. Mr. PERKINS, from the committee of conference, CONFERENCE REPORT [To accompany S. 2917] [Text omitted.] STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the bill (S. 2917) to improve the health and safety conditions of persons working in the coal mining industry of the United States, submit the following statement and explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:The Senate bill and the House amendment were very similar in substance. However, the arrangement of their provisions differed substantially. The substitute agreed upon in conference adopts, in all major respects, the organization of the House amendment. Throughout this statement, references are to the sections and subsections of the conference substitute. The conference substitute adopts, except as explained herein, all of the major provisions of the House amendment. This statement will explain the differences between the conference report and the House amendment, except for differences which are purely technical or conforming. Section 2 The Senate bill and the House amendment each contained statements of findings and purposes which were substantially the same. The committee of conference adopts these provisions with appropriate modification to recognize the transfer of functions from the Surgeon General to the Secretary of Health, Education, and Welfare, and to incorporate the more detailed Senate provisions relating to the particular purposes of the act which emphasize the need to eliminate unsafe and unhealthful conditions and practices in this industry. In adopting these provisions, the managers intend that the act be construed liberally when improved health or safety to miners will result.Section 3 The definitions of terms used in the bill are substantially the same in both the Senate bill and the House amendment. A new definition of the term 'mandatory health or safety standard' has been added. It does not change the substance of either the Senate bill or the House amendment, but is merely a technical change to avoid repeating the statement that the standards are those established by titles II and III of the act and those promulgated under section 101 of the act as the Senate bill did. The definition of "inspection" as contained in the House amendment is no longer necessary, since the conference agreement adopts the language of the Senate bill in section 104(c) of the act which provides for findings of an unwarrantable failure at any time during the safe inspection or during any subsequent inspection without regard to when the particular inspection begins or ends. The conference agreement adopts the Senate version of the definition of "Secretary" which specifically includes his delegate. The delegate would of course, be a person designated by him to administer and enforce this act and would include the Federal inspectors who are referred to throughout the act as the Secretary's authorized representatives.Section 4 The provision of the Senate bill and House amendment describing the mines which are subject to the act, though different in phraseology, were the same in substance. The agreement reached in conference adopts the provisions of both the Senate bill and House amendment, but with a change in phraseology which excludes excess verbiage. Under this provision, as in the case of both the Senate bill and the House amendment, the coal mine, the operator of the mine, and every miner therein is subject to the provisions of the act.Section 5 Both the Senate bill and House amendment provided for an interim compliance panel composed of five government officials or their delegates. The Panel can draw staff and other assistance from the Departments of Interior, Labor, Commerce, and Health, Education, and Welfare and will also have its own budget for other staff and travel and other expenses. The provisions are substantially the same, except that the House amendment required that headings held under titles II and III of the act be of record and required that the provisions of section 554 of title 5, United States Code, formerly known as the adjudicatory provisions of the Administrative Procedures Act, be complied with It also provided for judicial review of the Panel's decisions under section 106 of the act. The conference substitute adopts this provision in the House amendment.TITLE I-GENERAL The Senate bill contained provisions for promulgation of mandatory standards which separated into two titles the promulgation of health standards from the promulgation of safety standards. The House amendment provided a common procedure for the promulgation of both types of standards in one section. The conference substitute adopts the House approach on this point to avoid repetition of many provisions.Section 101 1. This section deals with the promulgation of mandatory health and safety standards. The conference substitute retained the provisions of the House amendment which had no counterpart in the Senate bill and which provided that mandatory health or safety standards promulgated under this title may not reduce the protection afforded miners below that afforded by the interim mandatory health or below the standards subsequently promulgated under this section. Also, it provides that when objections are raised to standards, hearings will be held by the appropriate Secretary, and the Secretary who held the hearing must publish his findings. These findings are to be published in the Federal Register. All standards shall be promulgated finally by the Secretary of the Interior. The health standards promulgated by the Secretary will be those transmitted to him by the Secretary of Health, Education, and Welfare.2. The Senate bill required that proposed mandatory health and safety standards for surface coal mines, including open-pit and auger coal mines, and surface work areas of underground coal mines must be developed and published by the Secretary within a year after the date of enactment of the act. The comparable House provision required that mandatory safety standards for surface coal mines must be developed and published within one year after such date. The conference agreement adopts the Senate provision with modifications. It provides that proposed mandatory health and safety standards for such surface coal mines must be published within one year after the date of enactment. Proposed mandatory standards for surface work areas of underground coal mines, in addition to those interim standards established by this Act, must also be published within that twelve-month period. In both cases, such publication and final promulgation will follow the procedures set forth in this section for all health and safety standards. 3. The Senate bill provided that all interpretations, regulations, and instructions of the Secretary which are in effect on the operative date of the title and which are not inconsistent with any provision of this act will remain in effect until modified or superseded as provided in this act. The House amendment contained no comparable provision. The conference substitute adopts the Senate provision with the requirement that the interpretations, regulations, and instructions for the Director of the Bureau of Mines, who by statute administers the 1952 Act, as well as those of the Secretary, in effect on the date of enactment, and not inconsistent with this act, must be published in the Federal Register as soon as possible after enactment for information purposes and to consolidate them in one place. The managers view this requirement as a very minimal task for the Department to undertake and one that is quite important to both the operators and the miners, as they must know well in advance of the operative date of titles II and III what interpretations, regulations, and instructions will continue to apply. 4. The House amendment required that a copy of every proposed standard or regulation must be sent, when published in the Federal Register, to each operator and the representative of miners at the mine and a copy posted on the bulletin board. The House amendment also stipulated that failure to receive the notice, including lateness of receipt thereof, does not relieve anyone of the obligation under the act to comply with them once finally promulgated. The conference agreement adopts this provision with the note that it is intended that failure to so receive them or to receive them timely also does not relieve any interested person who wants to file written objections to do so under this section within the time afforded therefor in the notice of proposed standards or regulations. Section 102 1. The Senate bill required the Secretary of the Interior to appoint an Advisory Committee on Coal Mine Safety Research. It would be composed of the Director of the Office of Science and Technology, or his delegate, the Director of the National Bureau of Standards, or his delegate, the Director of the National Science Foundation, or his delegate, and such other persons as the Secretary may appoint who are knowledgeable in the field of coal mine safety. It would be the duty of this committee to consult with, and make recommendations to, the Secretary on matters involving coal mine safety research. The Secretary would be required to consult with, and to consider the recommendations of, the Advisory Committee in the making of grants and entering into of contracts for safety research. The Chairman and a majority of the members of the Committee must be individuals who have no economic interest in the coal mining industry, and are not operators, miners, or governmental employees. The Senate bill also required the Secretary of Health, Education, and Welfare to appoint an Advisory Committee on Coal Mine Health Research which would be composed of the Director of the Bureau of Mines or his delegate, the Director of the National Science Foundation, or his delegate, the Director of the National Institutes of Health, or his delegate, and such other persons as the Secretary may appoint who are knowledgeable in the field of coal mine health research. The duties of this Advisory Committee and the restrictions on the composition of its membership parallel those of the Advisory Committee for safety. The House amendment contained no comparable provision. The conference substitute adopts this provision of the Senate bill.2. The Senate bill authorized the Secretary or the Surgeon General to appoint other advisory committees to advise him in carrying out the provisions of this act. The comparable provision of the House amendment authorized the Secretary of the Interior to appoint advisory committees for that purpose. The Senate bill restricted the choice of chairman to persons who have no economic interest in the coal mining industry and are not operators, miners, or governmental employees. It required that a majority of the members be individuals who have no such interest in the coal mining industry. The conference substitute adopts the provisions of the Senate bill with technical changes. 3. The House amendment provided that nongovernmental advisory committee members be paid not in excess of the GS18 rate, while the Senate bill let the administrators set the rate up to $100 per day. The conference adopts the House amendment which is consistent with other recent statutes on this subject. Section 103 1. Section 103 relates to inspections and investigations in coal mines. The provisions of the Senate bill and the House amendment were largely identical. With respect to the authority of the Secretary of Health, Education, and Welfare in this area, the two versions differed in language but not materially in substance. The conference substitute in this regard adopts a combination of both provisions.2. The Senate bill provided that when a representative of the miners has reason to believe that a violation of a mandatory standard exists, or that an imminent danger exists, he had a right to obtain an immediate inspection of the mine. The notice must be reduced to writing signed by the representative of the miners giving the notice, and a copy provided to the operator. A special inspection was required whenever such notification was received. The comparable provision of the House amendment permitted any miner or any authorized representatives of the miners, when he believed that a violation of a mandatory standard existed or than an imminent danger existed, to notify the Secretary or his authorized representative. Upon receipt of the notification, the Secretary or the authorized representative could make a special investigation. The conference substitute provides that whenever a representative of the miners has reasonable grounds to believe that such a violation or imminent danger exists, he may obtain an immediate inspection by giving notice. It requires that the notice must be reduced to writing, signed by the representative who is making the complaint, and a copy provided the operator or his agent by the time the inspection is made. However, an exception is included under which, upon the request of the person giving such notice, his name and the names of the individual miners referred to therein will not appear on the copy of the notice provided the operator or his agent. It should be noted that, as used here and throughout the act, the term "representative of the miners" includes any individual or organization that represents any group of miners at a given mine does not require that the representative be a recognized representative under other labor laws. 3. The Senate bill authorized the Secretary to enter into agreements with other Federal agencies and the States to utilize their services, personnel, and facilities in carrying out his functions under the act. The House amendment did not extend this authority to State agencies and personnel. The conference adopts the House provision. The managers note that section 503 of this act authorizes cooperation with the States in carrying out Federal responsibilities. The Secretary should utilize that authority where appropriate, except that the managers intend, in adopting the House provision here, that the Secretary not delegate his enforcement authority to State agencies or personnel. 4. The Senate bill provided for the daily stationing of Federal inspectors at underground coal mines which liberate excessive quantities of explosive gases and which are likely to present explosion dangers. The House amendment provided for a minimum of 26 spot inspections on an irregular basis at such mines, and at a mine that had a gas ignition or explosion during any 5-year period beginning prior to the operative date of this title, and at a mine that has other especially hazardous conditions. The Secretary would make these findings. The conference agreement adopts the House amendment with the requirement that there be, in such cases, a minimum of one spot inspection during every 5 working days at a mine that meets one or all of these criteria. These inspections are to be conducted at irregular intervals. Section 104 Both the Senate bill and the House amendment contained similar provisions relating to findings, notices, and orders. The conference adopts the language of the House amendment in sections 104(a) and (b) with some technical changes. One of these relates to the fact that there are, as mentioned below, special enforcement provisions relative to the dust standard only.1. The Senate bill provided that if an inspection of a coal mine shows that a mandatory health or safety standard is being violated but that no imminent danger is created thereby, though the violation could significantly and substantially contribute to the cause or effect of a mine hazard, and if it is found that the failure of the operator to comply is unwarrantable, that finding shall be included in the notice given the operator under section 104(b) or (i). If, during that inspection or any subsequent inspection carried out within 90 days after the issuance of the notice, another violation of any such mandatory standard is discovered by the inspector and he finds that the violation is also caused by an unwarrantable failure of the operator to comply, the inspector is required to issue a withdrawal order and to continue, under section 104(c) (2) of both the Senate bill and the House amendment, to issue such orders when he finds other unwarrantable violations until such time as a subsequent inspection discloses the occurrence of no such similar violation.The comparable provision of the House amendment required the inspector, in such a case, to cause the mine to be reinspected to determine if any similar violation exists. If such a similar violation did exist, and was caused by the unwarrantable failure of the operator to comply, the inspector would then issue a withdrawal order. The substitute agreed upon in conference adopts the provision of the Senate version of section 104(c) (1) with technical changes to make it clear that, if another violation of any mandatory health or safety standard occurs which is also caused by an unwarrantable failure of such operator to comply, then a withdrawal order must be issued. The managers note that an "unwarrantable failure of the operator to comply" means the failure of an operator to abate a violator he knew or should have known existed, or the failure to abate a violation because of a lack of due diligence, or because of indifference or lack of reasonable care, on the operator's part. 2. Both the Senate bill and the House amendment provided that any notice or order issued hereunder by an inspector could be modified or terminated by an authorized representative of the Secretary. The Senate bill also provided that such modification or termination would be subject to review in the same manner as the order being modified or terminated. The House amendment did not contain this specific provision. The conference substitute adopts the language of the House amendment. It should be noted, however, that the conference substitute in sections 105 (a) (1) and 106 states, as in the House amendment, explicitly that modification and termination of any order is subject to a review by the Secretary and the court at the request of the representative of miners under the act. 3. The conference substitute, retains the provision in section 104(h) of the House amendment relating to withdrawal orders in the cases covered by that section, but it adds an additional provision that the hearing in these cases will be of record and be subject to section 554 of title 5 of the United States Code, which requires a formal adjudicatory type hearing since the judicial review provisions of section 106 of this title provide for an appeal on the record. 4. Both the Senate bill and the House amendment had special provisions with respect to enforcement of the respirable dust standard. Under the Senate bill, if it is found from dust samples that the concentrations of respirable dust exceed the permissible limits, the Secretary is required to issue a notice fixing a reasonable time to take corrective action, which could not exceed 72 hours. The operator was then required to take corrective action immediately to bring such concentrations below the required level. At the end of this period no work could be performed except that needed to sample. The comparable provision of the House amendment provided that when dust samples showed a violation of the applicable standard, the Secretary or his authorized representative must find a reasonable time within which to take corrective action and issue a notice fixing the reasonable time for the abatement of the violation. During that period the operator would cause samples to be taken of the affected area during each production shift. The House amendment required that if, at the expiration of the period prescribed in the notice or in any extension thereof, the violation had not been abated, a withdrawal order shall be issued. The conference agreement adopts the House amendment with some modifications. Under this provision if based on samples taken analyzed, and recorded as provided in section 202(a) or, based upon an inspection, the respirable dust standard is exceeded, the inspector, during an inspection, or some other delegate of the Secretary without an inspection, must issue a notice of violation and fix a reasonable time to abate the violation. The conference agreement does not place a time limit here but parallels the procedures followed in the case of notices for other health or safety violations under section 104(b). Also, it does provide, in section 105(a), for review solely of the reasonableness of the time fixed in this notice and other notices issued under section 104 of violations of the health and safety standards on application by the operator or the representative of the miners. The Secretary or the court cannot stay the application of such notice while the time fixed is being reviewed. If the operator fails to abate the condition and reduce the dust concentration to the allowable limit within the time fixed or subsequently extended, a withdrawal order must be issued which shall remain in effect until the Secretary or his authorized representative has reason to believe, based on actions taken by the operator, that the applicable dust standard will be complied with when production is resumed. The Senate bill contained a provision, which was retained in the conference substitute that when an order issued under this section, the Secretary, if requested, must send to the mine a person or team of persons (if available) who will remain at the mine for such time as they deem appropriate to assist in reducing respirable dust concentrations. While there, they may require the operator to take such action as they deem appropriate to insure the health of any person in the coal mine. Section 105 1. The Senate bill and the House amendment each contained provisions under which all withdrawal orders issued under the act may be reviewed by the Secretary, .except orders issued under section 104(h) which provides separate procedures for review. The conference substitute adopts these provisions with technical changes and with the modification referred to above under which an operator who is issued a notice pursuant to section 104(b) or (i) or the representative of the miners at the mine may obtain a review of the notice if he believes that the period of time fixed for the abatement of the violation is unreasonable. Under the substitute, the applicant is required to send a copy of the application to the representative of the miners in the affected mine, or the operator, as appropriate, but the filing of an application for review under this section hill not operate as a stay of any order or notice.2. Both the Senate bill and the House amendment provided that, pending the completion of an investigation required by section 105, an applicant may get temporary relief from the Secretary. The Senate bill limited this authority to non-imminent danger orders only. The House amendment did not so limit it. Under the Senate bill the Secretary could grant such relief only if a hearing has been held in which all parties were given an opportunity to be heard, the applicant shows there is a substantial likelihood that the findings of the Secretary will be favorable to the applicant, and that the relief will not adversely affect the health and safety of miners in the coal mine. The conference agreement adopts the language of the Senate bill, but requires that no such relief may be given in the case of notices issued under section 104(c) or (i), as well as in the case of appeals for imminent danger orders. Section 106 1. Both the Senate bill and the House amendment provided for judicial review of decisions issued by the Panel or the Secretary, except decisions relative to civil penalties which are subject to review under section 109. The substantive difference between these provisions lies in the fact that under the Senate bill there view could be in the court of appeals for the district of Columbia as well as the court of appeals for the circuit in which the mine is located. The conference substitute adopts the Senate provision with technical changes and makes it clear that the court cannot entertain an appeal until the person seeking review has exhausted his administrative remedies.2. Both the Senate bill and the House amendment provided authority for the court to grant necessary relief pending final determination of the appeal, except in the case of imminent danger appeals, from a decision of the Secretary. Under the Senate bill, however, such relief could be given only if (1) all parties have been notified and given an opportunity to be heard, (2) the person requesting the relief shows there is a substantial likelihood that he will prevail on the merits in the final determination of the proceeding, and (3) that the relief will not adversely affect the health and safety of miners in the coal mines. The conference substitute adopts these requirements. 3. The Senate bill and the House amendment also limited the right of courts to grant temporary relief in proceedings to review decisions issued by the Panel. The conference substitute adopts the Senate provision which includes the first two restrictions just mentioned. 4. The Senate bill provided that attorneys appointed by the Secretary may appear for, and represent him in, proceedings for judicial review. The House amendment contained no comparable provision. The conference substitute adopts this provisions with technical changes. Section 108 1. Both the Senate bill and the House amendment contained provisions under which injunctions could be obtained for violations of this act and matters related thereto. Under the Senate bill these civil actions would be instituted by the Secretary. Under the House amendment, the Secretary must request the Attorney General to institute them. Under the conference agreement the Secretary may institute the civil action, and, in such action, attorneys appointed by the Secretary may appear for and represent him.2. The House amendment, unlike the Senate bill, provided that temporary restraining orders may not be issued without notice unless the petition therefor alleges that substantial and irreparable injury to miners will be unavoidable, and provides that the temporary restraining order may be effective for no more than 7 days. The conference substitute modifies the provision of the House amendment to provide that the court may issue temporary restraining orders in accordance with rule 65 of the Federal Rules of Civil Procedure, but provides that the time limit in the case of a temporary restraining order issued without notice shall be no more than 7 days, and that, in any action to enforce an order or decision, the substantial evidence rule will apply. Section 109 1. Both the Senate bill and the House amendment provide for the assessment of civil penalties against the operator for violations. Under the Senate bill such a penalty shall not be less than $1, or more than $25,000, for each occurrence. Under the House amendment the penalty shall not be more than $10,000 for each violation with no minimum established. The conference substitute adopts the provisions of the House amendment in this regard with technical changes.2. The Senate bill provided that, in determining the amount of the civil penalty only, the Secretary should consider, among other things, whether the operator was at fault. The House amendment did not contain this provision. Since the conference agreement provides liability for violation of the standards against the operator without regard to fault, the conference substitute also provides that the Secretary shall apply the more appropriate negligence test, in determining the amount of the penalty, recognizing that the operator has a high degree of care to insure the health and safety of persons in the mine. 3. The Senate bill provided that any miner who willfully violates the safety standards relating to smoking or to carrying of smoking materials, matches, or lighters shall be subject to a civil penalty which shall not be more than $21,000 for each occurrence. The House amendment did not contain this provision. The conference substitute retains this provision, but modifies it to provide that any civil penalty assessed by the Secretary shall not be more than $250 for each occurrence 4. Both the Senate bill and the House amendment provided an opportunity for a hearing in assessing such penalties, but the Senate bill required a record hearing under 5 U.S.C. 554. The conference substitute adopts the Senate provision with the added provision that, where appropriate, such as in the case of an appeal from a withdrawal order, an effort should be made to consolidate the hearings. The commencement of such proceedings, however, shall not stay any notice or order involving a violation of a standard. 5. The Senate bill provided that if a person against whom a civil penalty is assessed fails to pay it, the Secretary must file a petition for enforcement of the order in the appropriate district court in the United States. The petition must designate the person against whom the order is sought to be enforced. The court is given jurisdiction to enter a judgment enforcing the order as appropriate. The court would hear the case on the record made before the Secretary and the findings of the Secretary, if supported by substantial evidence on the record considered as a whole, would be conclusive. The corresponding provision of the House amendment required the Secretary to request the Attorney General to institute a civil action in a district court of the United States to collect the penalty. Such proceeding would be de novo. The conference agreement is similar to the Senate bill. The court would hear the case de novo and determine all relevant issues, except issues of fact which were or could have been litigated before a court of appeals under section 106. This provision recognizes that the facts involved in the civil penalty may already have been fully litigated by the court of appeals under section 106 and should not be relitigated here. Also, in some cases, they could have been so litigated and were not. Upon the request of the respondent in the de novo proceeding, issues of fact not litigated under section 106 which are in dispute must be submitted to a jury and, on the basis of the jury's finding, the court would determine the amount of the penalty to be imposed. The court has jurisdiction to enter a judgement enforcing the order, or modifying it, or setting it aside, or remanding it to the Secretary. The Senate bill, but not the House amendment, provided that attorneys appointed by the Secretary may appear and represent him in proceedings to enforce civil penalties. The conference agreement adopts, with a technical change, the Senate provision because the managers believe that here and elsewhere in the act where this provision is found it is most important that the Secretary establish a competent legal staff with experience and understanding of this legislation to handle expeditiously litigation not only at the administrative hearing stage, but also at the appellate and district court stage. The highly technical nature and unique conditions and practices that occur in this industry warrant the conclusion that the health and safety of the miners requires not only well-trained and experienced inspectors and administrators, but also a legal staff with experience gained in the handling of such proceedings. 6. The Senate bill provided that any operator who willfully violates the health or safety standards or refused to comply with an order incorporated in a decision issued under the title shall be punished by a fine of not more than $25,000, or imprisoned for not more than 1 year, or both, except that for a second conviction the maximum punishment is $50,000, or imprisonment for 5 years, or, both. The House amendment provided for punishment in similar cases by a fine of not more than $10,000 or imprisonment for more than 6 months, or by both, and for a second conviction by a fine of not more than $20,000 or by imprisonment of not more than 1 year, or by both. The conference substitute adopts the provisions of the Senate bill with technical modifications. 7. The House amendment provided criminal penalties against persons who manufacture new electrical equipment for use in coal mines that is placed in commerce and that is falsely represented as complying with the Secretary's specifications or regulations, and against any other person who removed, altered, modified, or rendered inoperative such equipment prior to its sale or delivery to its ultimate purchaser and who falsely represents such equipment as meeting such specifications or regulations. The Senate bill does not contain such a provision. The conference agreement provides that anyone, whether a manufacturer or not, who knowingly distributes, sells, offers for sale, introduces, or delivers in commerce such equipment which is falsely represented as so complying with this Act or with any specification or regulation of the Secretary applicable to such equipment shall be subject to appropriate sanctions. The objective of this provision is to insure that manufacturers and dealers of such equipment will meet their safety responsibilities in regard to this equipment. Section 110 The Senate bill provided that where a withdrawal order is issued for repeated failures to comply with a health or safety standard, The Secretary, after giving an opportunity for a hearing to interested persons, shall order all miners who are idled due to the order to be fully compensated by the operator at their regular rates of pay for the time they were idled, or for 1 week, whichever is the lesser. These orders would be subject to judicial review. The corresponding provision of the House amendment provided that where a withdrawal order has been issued all miners working during the shift when the order was issued who are idled by the order will be entitled to full compensation at their regular rates of pay for the period they are idled will be entitled to full compensation for the period they are idled, but for not more than 4 hours of the shift. The substitute agreed upon in conference adopts the provisions of the House amendment, except that where the mine is closed by an order issued on account of an unwarrantable failure of the operator to comply with a health or safety standard, the miners who are idled will obtain the benefits described in the Senate bill.This section of the House amendment also contained a provision, which is retained in the conference substitute, under which an operator who violates or fails or refused to comply with a section 104 order must pay full compensation at regular rates of pay to miners who should have been withdrawn or prevented from entering the mine or portion thereof as the result of that order, in addition to pay received for work performed after such order is issued. Nothing in this section is intended to interfere with or preempt any collective bargaining agreement. TITLE II-INTERIM MANDATORY HEALTH STANDARDS Section 201 Both the Senate bill and the House amendment provided that the standards in this title are interim until superseded in whole or in part by mandatory health standards promulgated under section 101 of the act. The Senate bill had also required that the promulgated standards be an improvement over the interim standards in this title. The provisions of this section are permanent under both. The conference agreement adopts the House language with this requirement of the Senate bill.The Senate bill established that it is the purpose of this title to improve underground coal mine working conditions to enable miners to work their entire adult life without fear of incurring respiratory or other occupationally caused diseases. The House amendment contained no similar provision. The conference adopted the Senate provision. Section 202 1. The Senate bill directed each operator to take dust samples with a device approved by the Secretary and in a manner prescribed by the Secretary to enable the Secretary to cause an inspection of the mine depending upon the results of the samples. The samples were to be transmitted to the Secretary at the operator's expense. The House amendment also required such sampling to enable the Secretary to enforce the dust standard with or without an inspection. The samples were to be transmitted to the Secretary at his expense and were to be provided the operator. The House amendment required that the sampling device be approved by both the Secretary and the Secretary of Health, Education, and Welfare. The conference adopted the House language with technical changes and with the Senate requirement that the operator transmit samples at his expense. The samples will be transmitted to the Secretary for the purpose of enforcement under section 104(i). The devices for sampling, including the MRE instrument, must be approved by both Secretaries.2. The Senate bill established a 3.0 milligram standard effective 6 months after enactment and a 2.0 milligram standard effective 3 years after enactment, but provided a procedure, similar to that followed under the Reorganization Act, for extending the effective date of the 2.0 milligram a mine-by-mine basis to meet both standards under permits for noncompliance to be issued by the Panel based on an application and certain findings. The permits could not extend the effective date of the 3.0 milligram standard more than 36 months after enactment, or the effective date of the 2.0 milligram standard more than 72 months after enactment. Each permit would prescribe a maximum limit of 4.5 milligrams for extensions of the 3.0 milligram standard during the period of noncompliance, and a maximum limit of 3.0 milligrams for extensions of the 2.0 milligram standard during the period of noncompliance, or such lower limit as the Panel determines can be achieved. The House amendment established a 4.5 milligram standard effective 6 months after enactment, and a 3.0 milligram standard effective 1 year after enactment. In the case of the 4.5 milligram standard, the Panel could grant one 90-day extension to comply with the standard on a mine-by-mine basis, and, in the case of the 3.0 milligram standard, the Panel could grant one 6-month extension to so comply. The substitute agreed upon in conference establishes a maximum 3.0 milligram standard effective 6 months after enactment, and a maximum 2.0 milligram standard effective 3 years after enactment. Where an operator, using available technology, finds he cannot comply with either standard on its effective date, he may file an application for a permit of noncompliance. The substitute adopts the Senate language relative to the information which must be included in each application for a permit, including renewals thereof. If the Panel is satisfied, based on the application, that the operator cannot so comply with the 3.0 milligram standard or the 2.0 milligram standard on their appropriate effective dates, the Panel must issue the permit and the operator will be required to maintain the respirable dust level at the lowest level possible but, in the case of the 3.0 milligram standard, at no more than 4.5 milligrams per cubic meter of air, and, in the case of the 3.0 milligram standard, at no more than 3.0 milligrams per cubic meter of air. Permits and renewals thereof are issued for periods of not more than 1 year. Renewals, where needed, may be issued on the basis of a new application satisfactory to the Panel and upon a determination by the Panel, after notice and an opportunity for a hearing, that the application is satisfactory and that the applicant will still be unable to comply. No permit or renewal thereof can extend the effective date of the 3.0 milligram standard beyond 18 months after enactment, or the 2.0 milligram standard beyond 72 months after enactment. 3. The Senate bill required that the operator continuously maintain the concentrations of respirable dust in the atmosphere of the active mine workings at the established standard and thereby prohibited the averaging of dust measurements over several shifts. The House amendment required that the operator maintain the average concentration of respirable dust in the mine atmosphere to which each miner in the active workings is exposed at the established standard and defined the term "average concentration". The substitute adopted by the conference requires the operator to maintain continuously the average concentration of respirable dust in the mine atmosphere during each shift to which each miner is exposed at or below the established maximum standard or the permitted maximum standard. It also provides that the term "average concentration" means that, for a maximum period of 18 months after enactment, measurements of a minimum number of the same production shifts in consecutive order are authorized to obtain a statistically valid sample. At the end of this 18-month period, it requires that the measurements be over one production shift only, unless the Secretary and the Secretary of Health, Education, and Welfare find, in accordance with the standard-setting procedures of section 101, that single-shift measurements will not accurately represent the atmospheric conditions during the measured shift to which the miner is continuously exposed. 4. The Senate bill required that the Secretary make frequent spot inspections of areas of a mine for which permits are issued, as well as all other areas of the mine. The House amendment had no comparable provision. The conference agreement adopts the Senate provision on this matter with technical changes. 5. The Senate bill provided, in this title, for judicial review of the Panel's decision. The House amendment provided in section 5 for such review of all the Panel's decisions. The conference agreement adopted the House provision. 6. The Senate bill directed the Surgeon General to submit to Congress within 1 year after enactment recommendations as to the maximum permissible total exposure of individuals to coal mine dust during a shift and, within 3 years after enactment, the Secretary must publish a schedule specifying times when mines shall reduce total personal exposure to dust, based on his determination of the time needed for such levels to be technologically feasible. The House amendment directed the Secretary of Health, Education, and Welfare, beginning 1 year after enactment, to reduce the dust level below 3.0 milligrams as he determines such reductions become technologically attainable. The conference agreement adopts the House provision with the requirement that the schedule be published under section 101 and that the new levels prevent new incidences of occupationally caused respirable diseases in the mines and prevent further development thereof. The schedule which may accelerate the times prescribed in this title for the effective dates of the dust standards must prescribe the maximum time necessary to achieve the new levels taking into consideration present and future advancements in technology. 7. The Senate bill provided that respirators must be worn by persons' to protect them from exposures to dust levels in excess of the maximum dust levels established under this title. The House amendment provided that respirators and other approved devices must be made available to all persons exposed to such levels. The conference agreement adopts the House provision on this matter as applied to all respiratory equipment. Section 203 1. The Senate bill directed the operator of an underground coal mine to establish a program requiring that each miner be given an annual X-ray test beginning 9 months after enactment in a manner prescribed by the Surgeon General. The House amendment directs that the operator cooperate with the Secretary of Health, Education, and Welfare in making available to each miner working underground an X-ray at least once every 5 years beginning 1 year after enactment, and that each worker who begins work in a coal mine for the first time shall be give, an X-ray and again 3 years later if he is still engaged in coal mining, and if the second X-ray shows evidence of pneumoconiosis such miner shall be given an X-ray and again 3 years later if he is still engaged in coal mining, and if the second X-ray shows evidence of pneumoconiosis such miner shall be given another X-ray within 2 additional years. The conference agreement adopts the House amendment on this matter modified by a requirement that each miner be given an opportunity to have an X-ray within 18 months after which does not exceed 5 years. All chest X-rays must be given in accordance with specifications to be prescribed by the Secretary of Health, Education, and Welfare prior to the operative date of this title and from time to time thereafter.2. The Senate bill provided that X-rays and other medical examinations of miners shall be paid for by the operator with authority in the Secretary of Health, Education, and Welfare to provide such X-rays and examinations on a reimbursable basis. The House amendment also specifically provided that the miner not pay for these provided that the operator pay other costs necessary to enable the miners to take such X-rays or examinations. The conference agreement- adopts the House provision. 3. The Senate bill provided that on the effective date of the 3.0 milligram standard any miner who, based on X-ray or other medical readings, shows evidence of pneumoconiosis shall be assigned by the operator to work, at the option of the miner, in any working section of the mine where the mine atmosphere contains respirable dust concentrations of not more than 2.0 milligrams, and after the effective date of the 2.0 milligram standard such miner shall be assigned to an area below 2.0 milligrams in order to prevent further development of the disease. The House amendment provided that if any miner, based on X-ray readings, shows substantial evidence of the development of pneumoconiosis, he shall, at the option of the miner, be assigned to work within an active working place where the mine atmosphere does not exceed 2.0 milligrams or in an area where the respirable dust concentrations exceed 2.0 milligrams if he wears respiratory equipment and, within 1 year after enactment, if a miner shows any evidence of pneumoconiosis, he shall be assigned, at the option of the miner, to an area of the mine where the dust concentration is below 1.0 or to whatever lower level the Secretary of Health, Education, and Welfare determines is appropriate to prevent the further development of the disease. The conference agreement provides that 6 months after enactment which is the effective date of the 3.0 milligram standard any miner, based on X-ray readings or other medical examinations such as pulmonary function tests, who shows evidence of the development of pneumoconiosis must be afforded the option of transferring from his position in the mine to another position in any area of the mine where the respirable dust concentration during each shift is not more than 2.0 milligrams. In addition, the substitute provides that 3 years after enactment any miner, based on such readings or other such medical examinations, who shows evidence of the development of pneumoconiosis must be afforded the option of transferring from his position in the mine to another position in any area of the mine where the respirable dust concentration during each shift is not more than 1.0 milligrams, or, if such level is not attainable, to a position in the mine where the respirable dust concentration is the lowest attainable below 2.0 milligrams. 4. The House amendment provided for autopsies of active and inactive miners to be performed, with the consent of the surviving widow or, if there is none, then the surviving next of kin. Such autopsies shall be paid for by the Secretary of Health, Education, and Welfare. There was no comparable Senate provision. The conference agreement adopts the House provision on this matter. Section 206 The Senate bill provided that within 6 months after enactment the Surgeon General must establish proposed mandatory standards establishing maximum noise exposure levels for all coal mines. The House amendment provided that on enactment the noise standards prescribed under the Walsh-Healey Public Contracts Act, as amended, in effect on October 1, 1969, or such improved standards as the Secretary of the Interior may prescribe, would be applicable to all coal mines and each operator must comply with them. It also required that tests be made every 6 months by a qualified person of the noise level at the mine and that, based on such tests, if the standards are exceeded at that mine, the operator must take immediate action to install protective devices reducing the noise level, except that he shall not require any device that would pose a hazard to the miners. The conference agreement adopts the House provision with modifications requiring that the Secretary of Health, Education, and Welfare establish proposed mandatory health standards establishing maximum noise exposure levels for underground coal mines within 6 months after enactment which levels shall be an improvement over the noise standards prescribed under the Walsh-Healey Public Contracts Act. Also, beginning 6 months after enactment and every 6 months thereafter, tests must be made by the operator of the noise level of the mine by a qualified person and the results must be certified to both Secretaries. In meeting the noise standard, the operator must not require the use of any protective device or system, including personal devices, which the Secretary finds are hazardous or which will cause a hazard to the miners.TITLE III-INTERIM MANDATORY SAFETY STANDARDS Section 301 1. Both the Senate bill and the House amendment provided that the standards in this title are interim until superseded in whole or in part by mandatory safety standards promulgated under section 101 of the act. The Senate bill also required that the promulgated standards be an improvement permanent under both. The conference agreement adopts the House language, but with this requirement of the Senate bill. It is intended that these standards not be static, but that they be upgraded and improved to provide increased safety and, when necessary, to meet changes in technology and mining conditions and systems.2. The Senate bill set forth the purpose of this title and directed that the Secretary immediately accelerate and initiate research, studies, and investigations, including demonstrations and experiments, to further upgrade the mandatory safety standards and to develop new and improved ones, particularly in certain specified areas where technology seemed to be lagging. The House amendment had no similar provision. The conference agreement adopts the Senate version with some technical changes. 3. The Senate bill provided that, where an exception to a standard is authorized, it can only be made when the criteria for the exception as set forth in the standard is meet and upon a finding that granting the exception would not pose a danger to the safety of miners. There was no comparable House provision. The conference agreement adopted the approach of including this requirement in the appropriate provision of the title which permits exceptions rather than making it a general requirement, but, at the same time, requiring that, in granting any exception to a standard, the Secretary or his inspector must publish the reasons therefor and make them available to the miners at the mine before the exception is effective. If the miners believe that the granting of any exception will diminish safety, their redress is to utilize the provisions of section 301(c). 4. The House amendment provided a procedure for modifying or waiving a standard where its application may, in fact, diminish safety, or where it is shown that an alternative method of achieving the result of the standard exists which will provide at least equal protection to the miners. The Senate bill had no comparable provision. The conference agreement adopts both of these House provisions in combined form by providing a procedure under which an operator or the representative of the miners may petition the Secretary to modify or waive, after a hearing, a mandatory safety standard, including any exception thereto, if he determines (1) that an alternate method exists that provides at least equal protection to the miners, or (2) that the application of the particular standard will result in diminished safety to the miners. The hearing must be public and of record and the Secretary's decision is subject to judicial review under section 106 of the act. 5. The Senate bill provided that, where the safety standards in this title provide that the Secretary prescribe how certain actions, conditions, or requirements be carried out, the rulemaking provisions of 5 U.S.C. 553 will apply, unless the Secretary otherwise provides. The House amendment had no comparable provision. The conference agreement adopts the Senate provision with a modification to recognize that the Secretary of Health, Education, and Welfare also needs this authority. This provision is not intended to apply when a safety mandatory standard is being proposed. In lieu of the rulemaking provisions, the Secretary could utilize the procedures of section 101. Section 303 1. The House amendment provided that there be maintained a minimum quantity of air at each working face of not less than 3,000 cubic feet a minute; that there also be maintained, in a mechanized mine, a minimum velocity of 100 feet per minute passing to within 5 feet of such face and over any miner operating electrical equipment therein; and that within 39 months after enactment, the dust level in intake aircourses must not exceed 0.25 milligram per cubic meter of air. The Senate bill contained no similar provision.The conference agreement adopts the minimum air quantity requirement of the House amendment for the working face and directs that, within 6 months after enactment, the Secretary must prescribe for all mines, not just mechanized mines, the minimum quantity and velocity of air reaching each working face which is necessary to render harmless and carry away methane and other explosive gases and to reduce the level of respirable dust to the lowest attainable level. The conference agreement continues the authority found in the House amendment that the inspectors may require greater quantities and velocities on a mine-by-mine basis for both health and safety reasons. The Senate bill provided such authority in separate provisions for health and safety. The conference agreement also requires that, within 15 months after enactment, the Secretary must prescribe the maximum permissible respirable dust level in intake aircourses of each coal mine with the objective of reducing this dust to the lowest attainable level as quickly as possible after such levels are prescribed. 2. The Senate bill referred throughout this title to methane in regard to certain safeguards to prevent accumulations of this dangerous gas. The House amendment used the term "explosive gases" to include methane and other gases. The conference agreement adopts the term "methane", but also requires various safety measures to control these other explosive gases and directs the Secretary to propose within 15 months after enactment mandatory safety standards, in accordance with section 101, for preventing explosions from these other gases and for testing for accumulations of such gases. 3. The Senate bill, in the dust title, provided that the space between the line brattice or other approved devices be sufficient to permit an adequate flow of air to reduce the concentrations of respirable dust at each working face. The House amendment contained a similar provision in this title. The conference agreement combines these provisions in this section 303(c). 4. The House amendment required, as a minimum, one examination during a coal-producing shift of each working section for hazardous conditions. The Senate bill also prescribed what actions are to be taken if such conditions are found. The conference agreement adopts the language of the Senate Bill with some technical changes. 5. The Senate bill authorized the inspectors to require the use of an approved methane monitor on electric face equipment. The House amendment directed that such a monitor be installed and kept operative on all electric face cutting equipment and loading machines and, when required by inspector, on such other face equipment. The conference substitute is patterned after the House amendment. It directs the Secretary or his inspector to require that a methane monitor, when approved as reliable by the Secretary at any time after 90 days after enactment, shall be installed, when available, on electric face cutting equipment and loading machines at all mines, except that such monitor shall not be required on any such equipment prior to the date such equipment must be permissible at various types of coal mines under section 305(a) of this title. The conference substitute provided that the methane monitor is an additional backup device for detecting methane and should not be construed as a substitute for the other tests and testing devices required in this title for detecting and controlling methane. There is clear evidence that reliable, substantially constructed, and effective low-cost methane monitors will soon be generally available. Present approved monitors, according to the Bureau of Mines, are not very reliable and are quite costly. Thus, the managers did not want to require those monitors to be installed on the operative date of this title. Instead the managers expect that the Secretary, in approving reliable and low-cost devices, will be guided by the state of present technology and its progress, or lack thereof, in producing effective, practicable, and economic devices. It is expected that the Secretary shall apply standards of reasonableness with respect to the monitor, its weight and size relative to the face equipment and/or to the height of the coal seam, and its cost. He shall also take into consideration the extent or degree to which an increase in safety will result by requiring the use of such additional methane detection devices, particularly in the case of certain classes or groups of mines operated entirely above the water table. It is also expected that these devices will be employed initially and primarily in those mines where, in the Secretary's judgment, the need for such additional safeguards is most urgent from the standard of safety. 6. The House amendment required that the operator of each mine submit a ventilation system plan and a methane and dust control plan to the Secretary for approval within 6 months after enactment. The plan must be reviewed by the operator and the Secretary at intervals of not more than 6 months. The Senate bill had no comparable provision. The conference agreement adopts the House amendment with technical changes. 7. The House amendment directed that each operator provide for the maintenance and care of the Permissible flame safety lamps and, before each shift, it must be checked to insure that such lamps are in permissible condition. The Senate bill had no comparable provision. The conference agreement adopts the House language with a modification to cover all devices for testing methane, as well as these lamps. 8. The Senate bill provided for the separation of intake and return aircourses from belt and trolley haulage entries in the case of all mines, except where the entry system does not permit such separation, for the purpose of limiting the velocity of air coursed through these haulage entries to minimize hazards associated with fires and dust explosions originating in these haulageways. The House amendment required such separation from belt haulage entries and, in the case of new mines and in new working sections of existing mines, the Secretary, where there are trolley haulage systems, shall require a sufficient number of entries or rooms as intake aircourses in order to limit the velocity for the purposes mentioned above. The conference agreement adopts the House provision, but it is the intention of the managers that the Secretary carefully review this problem with a view to devising improved requirements for minimizing these hazards to the miners at the working faces from high velocities along belt and trolley haulageways on intake air. 9. The House amendment provided for the ventilation of areas of the mine while actively being pillared in a manner approved by the Secretary or his inspector. It also provided that, within 9 months after enactment, all mines which are or which have been abandoned must be sealed or be ventilated, as determined by the Secretary or his inspector. The Secretary could permit a further time extension of 6 months. It described how adequate the ventilation should be and the method of sealing. In new mines and new working sections, a plan requiring sealing would be required. It also defined the term "abandoned" very broadly. The Senate bill contained similar requirements for abandoned areas, but did not cover partially pillared areas as the House amendment did. Also, the Senate bill required that when a split of air returns from an area ventilated by bleeders or their equivalent, such split must not contain more than 2.0 volume per centum of methane at the point it enters the other split of air. The conference substitute is adopted after the House amendment. Under this substitute, paragraph (1) of section 303 (z) requires that areas which are actively being pillared must be ventilated in the manner otherwise prescribed under section 303. The determination of whether an area falls under this paragraph is one for the Secretary or the inspector to make. The conference objective is to provide the greatest safety possible to persons in the area that is actively being pillared through the dilution and removal of the methane and other explosive gases that build up in dangerous quantities not only where miners are working to extract the pillars in that area, but also in the area where the pillars in that area, have been extracted by such miners and where bleeders are used in that area. It is up to the operator and the Secretary or his inspectors to insure that this objective is achieved. Under the conference substitute, paragraph (2) of section 303(z) provides that, within 12 months after enactment, all areas from which pillars have been wholly or partially extracted, and abandoned areas, shall be ventilated by bleeder entries or by bleeder systems or by equivalent means or be sealed. The conference agreement did not adopt the definition in the House amendment of "abandoned" because it was too broad and unworkable, but rather leaves it up to the Secretary or his inspector to determine on a case-by-case basis whether an area is, in fact, actively being mined or not in applying the provisions of this paragraph. The determination of which method is appropriate and the safest at any mine is up to the Secretary or his inspector to make, after taking into consideration the conditions of the mine, particularly its history of methane and other explosive gases. The objective is that he require the means that will provide the greatest degree of safety in each case. When ventilation is required, the Secretary or his inspector must be satisfied that the ventilation in such areas will be maintained so as continuously to dilute, render harmless, and carry away methane and other explosive gases within such areas and to protect the active workings of the mine from hazards of such methane and other explosive gases. In other words, he must be assured that such ventilation will be adequate to insure that no explosive concentrations of methane or other gases will be in this area. As an additional safeguard when ventilation is required, the conference agreement provides that air coursed through underground areas from which pillars are wholly or partially extracted which enters another split of air shall not contain more than 2.0 volume per centrum of methane, when tested at the point it enters such other split. The managers intend that this latter provision not be construed as permitting accumulations of methane near or in the explosive range in the pillared or abandoned areas on the basis that the methane in the return does not exceed such percentage, and also expect that the Secretary will establish a lower percentage as soon as technology permits. When sealing is required, such sealing shall be made in an approved manner so as to isolate with explosion- proof bulkheads such areas from the active working of the mine. Under the conference substitute, paragraph (3) of section 303(z) provides that, in the case of mines opened on or after the operative date of this title, or in the case of areas developed on or after such date in mines opened prior to such date, the mining system shall be designed, in accordance with a plan and revisions thereof approved by the Secretary and adopted by the operator, so that, as each set of cross entries, room entries, or panel entries of the mine are abandoned, they can be isolated from active workings of the mine with explosion-proof bulkheads approved by the Secretary or his inspector. The managers expect the Secretary to take the lead in improving technology in this area of controlling methane accumulations in job areas and to improve upon this important section 303(z). Section 305 1. The Senate bill required, 16 months after enactment that--
-- all small electric face equipment at all coal mines, whether classified as gassy or not, be permissible; and -- all large electric face equipment at mines not previously classified as gassy be permissible. The House amendment provided, in the case of gassy mines, that all electric face equipment must be permissible within 15 months after enactment with authority in the Secretary to extend this period for 1 more year based upon the availability of such equipment, and that, in all mines, small electric face equipment must be permissible in 15 months. In the case of mines not previously classified as gassy, large electric face equipment shall be permissible 4 years after enactment, but the Secretary may waive this requirement for a period of 2 years, and thereafter, on a mine-by-mine basis, if such equipment is not available. The conference substitute adopts the Senate language with technical changes and with changes in the time requirements. It also deletes the tonnage limitation in the Senate bill. It requires that all electric face equipment at gassy mines and all such small equipment at all mines be permissible within 15 months after enactment. It also requires that, in the case of mines not previously classified as gassy which are below the water table, such large equipment must be permissible in 15 months, but the Panel may grant extensions of time of not to exceed in the aggregate an additional 33 months if the Panel determines, based on a new application and after an opportunity for a public hearing, that the operator, despite his diligent efforts, is unable to comply with the permissibility requirement because of unavailability of permissible equipment. In the case of mines not previously classified as gassy which are located entirely above the water table, one or more mine openings of which were made and connected with other openings prior to enactment, the conference agreement provides that such large equipment must be permissible within 51 months after enactment but the Panel can grant extensions, after an opportunity for a public hearing, of not to exceed 2 years on a mine-by-mine basis because of unavailability of such equipment. In any case where a mine, not classified as gassy as provided in this section, is later found to be gassy under State law and such State law requires that all electric face equipment be permissible, such State law would control and all such equipment must then be permissible and be maintained in permissible condition and, of course, no permit could be issued by the Panel for that mine under this section. 2. The Senate bill provided that all power circuits, except energized trolley wires, and electrical equipment be deenergized before work is done on them. The House amendment also expected trouble shooting and testing and required that work on trolley wires must be performed by a person qualified to make repairs. When working on deenergized equipment and circuits, the Senate bill required that such work be done by or under the direct supervision of a competent electrician, while the House amendment required that it be performed by or under a qualified person. The conference agreement adopts the House provision with the requirement that work on energized trolley wires must be done by a person trained to perform electrical work on such wires and to maintain them, and with the requirement that work on deenergized low-, medium-, or high-voltage circuits, except trolley wires, must be done by a qualified person or by a person who is trained to perform electrical work and to maintain electrical equipment under the direct supervision of a qualified person. The term "qualified person" is defined in section 318 of the conference substitute. Such person must be qualified, in accordance with minimum requirements which the Secretary must prescribe, by training, education, and experience to be, in effect, an electrician. This definition avoids the vagueness and possible misconception of the meaning of the term "competent electrician," while at the same time, it continues the intent of the managers that the individual be qualified to perform this hazardous work. The conference language also recognizes that some persons, while not able to meet the requirements of a qualified person, may have sufficient training and experience to perform repair work on deenergized circuits and equipment under the direct supervision of a qualified person and on low-voltage trolley wires. The operator shall designate these persons and the Secretary or his inspectors must qualify them to insure that they meet this standard. Section 306 The Senate bill permitted only one temporary splice in trailing cables and, when so spliced, they can only be used for a 24-hour period. The House amendment permitted two such splices and a third during a shift. The conference agreement adopts the Senate version.Sections 307, 308, and 309 1. The Senate bill provided for a system of grounding of high-, low-, and medium-voltage circuits extending underground for resistance grounded systems. The House amendment contained similar requirements but also provided for the use of underground circuits where they are steel armored or installed in grounded, rigid steel conduits. The conference agreement adopts the House version with some technical changes.2. The Senate bill prohibited any work being performed on ungrounded, energized high-voltage lines whether on the surface or underground. The House amendment permitted repairs on energized surface high- voltage lines if certain specified procedures and safeguards are taken as prescribed by the Secretary prior to the operative date of this title. The conference agreement adopts the House version. 3. The Senate bill prohibited the movement of energized power centers and portable transformers. The House amendment also prohibited such movement, except when alternate sources of power to move such centers and transformers are not available the Secretary may permit them to be moved while energized if an equivalent or greater hazard may result from failure to so permit their removal. The conference agreement adopts the House version with technical changes. 4. The Senate bill required that low-, medium-, and high-voltage circuits include fail safe ground check circuit 4 months after enactment. The House amendment made the same requirement for low- and medium-voltage circuits 9 months after enactment. The conference substitute adopts the House approach applicable to such circuits, including high-voltage circuits, with authority in the Secretary to extend this time up to 12 additional months on a mine-by-mine basis where such devices are unavailable. Section 311 1. The Senate bill required that fire suppression devices be installed on underground equipment within 16 months after enactment, and permitted the use of fire resistant hydraulic fluids in the hydraulic systems of unattended equipment. The House amendment required both in the case of hydraulic systems of unattended equipment and directed that such fluids be used in the hydraulic systems of other equipment unless fire suppression devices are installed. The conference agreement adopts the House version.2. The House amendment required that within 5 months after enactment devices for giving a warning of a fire must be installed at suitable locations along underground belt conveyors. The amendment also directed the Secretary to prescribe a schedule for installing fire suppression devices on belt haulageways. The conference agreement adopts the House version. Section 312 Both the Senate bill and the House amendment required the maintenance of a mine map. The Senate bill required that the map be confidential except for disclosure for certain specified persons. The House amendment directed that the Secretary of Housing and Urban Development receive a copy. The conference substitute provides that the map shall be made available to the Secretary and his inspectors, the Secretary of Housing and Urban Development, the miners and their representatives, operators of adjacent mines, and to persons owning, leasing, or residing on surface areas of such mines or on areas adjacent to such mines, but that otherwise it shall be kept confidential.Section 314 The House amendment provided that haulage cars acquired for a mine 16 months after enactment must have automatic couplers. Haulage cars without such couplers in use in a coal mine 3 months after enactment shall be equipped with such automatic couplers within 51 months after enactment. The Senate bill has no comparable provision. The conference agreement adopts the House provision.Section 317 1. The Senate bill required that, when oil and gas wells are located, the operator must establish and maintain barriers around such wells in accordance with State laws, but the barrier must not be less than 300 feet in diameter unless the Secretary or his inspector permits a lesser barrier. The House amendment permitted a lesser barrier where such is found to be adequate to protect the miners and authorized the Secretary or his inspector to require a greater barrier where the depth of the mine, other geologic conditions, or other factors warrant such greater barrier. The conference agreement adopts the House version.2. The Senate bill directed that the Secretary prescribe illumination standards within 21 months after enactment. The House amendment provided that the Secretary prescribe such standards after the operative date of the title. The conference agreement provides that the standards be prescribed within 12 months after enactment and all working places be illuminated by permissible lighting not later than 18 months after final promulgation of such standards under section 101. 3. Both the Senate bill and the House amendment provided at least two escapeways with at least one on intake air. The Senate bill required that they be continuous to the surface. The House amendment required that they be adequate to insure passage at all times of anyone in low or high coal, including a disabled person, and they must be continuous from the working section to the surface escape drift opening and, in the case of a slope or shaft mine, to the escape facilities to the surface. The House amendment required that escape facilities be immediately present at or in each escape shaft or slope. The conference agreement adopts the House provision but requires that escape facilities be ever present and operable at or in each escape shaft or slope so that they may be put into use with the minimum of delay and allow everyone to escape quickly. In the case of new coal mines, the Senate bill required that escape-ways on intake air be separated from belt and trolley haulage entries. The House amendment required such separation for their entire length to the working section, but the Secretary or his inspector may lessen or extend the separated entries so long as such extension does not pose a hazard to miners in the mine. The conference agreement adopts the House provision on the understanding that in limited situations, such as the case of longwall mining in some coal seams, a greater hazard to the miners may exist from roof falls or other hazards if such separation is required to the working section. Under such limited or similar circumstances, it may therefore be necessary to permit a lesser extension of the entries. Accordingly, the provision permits this exception to the general requirement, as well as authorizing the further extension of this separation to the working place or to the working face, where the Secretary or his inspector require it. As in the case of all other exceptions under this title, the findings of the Secretary or his inspector regarding the exception must be made available to the miners at the affected mine under section 301(d). 4. The House amendment required that devices to suppress gas ignitions from cutting bits on electric face equipment be installed when technologically feasible. The Senate bill had no comparable provision. The conference agreement adopts the House provision with a provision that such device prevent ignitions. As is the case under other standards where improved technology is needed to be developed, it is expected that the Secretary will take the lead in developing the technology. 5. The House amendment required when mining is undertaken under any body of water that the operator obtain a permit from the Secretary and provide adequate safeguards against cave-ins and other hazards. The Senate bill had no comparable provision. The conference substitute is patterned after the House provision, but is limited to new mines and new working sections of existing mines located under bodies of water considered sufficiently large by the Secretary to constitute an actual or potential hazard to miners in the mine, which was the intent of the House amendment. It also requires that no permit will be needed where the new working section is located under a reservoir being constructed by a Federal agency on the date of enactment of this Act and where the operator is required by such agency to operate in a manner that will adequately protect the safety of the miners. In all cases where such a permit is issued, or where no such permit is required, the operator must, of course, continue to comply with the other applicable safety standards prescribed by this title. 6. The House amendment directed that the Secretary require that developed and improved devices for monitoring and detecting unsafe conditions be utilized as they become available. The Senate had no comparable provision. The conference agreement deleted this provision because the Secretary can, should, and was the authority to require such improved devices and systems under section 101 of the act, as is the case in connection with other standards under this act. 7. The House amendment required that an adequate supply of potable water shall be provided for drinking purposes in the active workings of the mine. The Senate bill had no comparable provision. The conference agreement adopts the House provision with technical changes. The managers intend that the Secretary of Health, Education, and Welfare prescribe guidelines in this area. 8. The House amendment provided for early retirement of Federal inspectors. The Senate bill did not have any comparable provision. The conference agreement deleted this provision as it raises general questions involved in pending legislation in both Houses. Section 318 1. The House amendment, but not the Senate bill, defined the terms working face, working place, working section, active workings, and abandoned areas. The conference agreement adopts the House provision with technical changes.2. The Senate bill defined the term permissible electric face equipment and required that the Secretary provide procedures for approving equipment as permissible including, where feasible, for field testing of such equipment to facilitate compliance with the provisions of section 305(a) of this title and approval and certification by any inspector. The House amendment had no comparable provision. The conference agreement adopts the Senate provision. TITLE IV-BLACK LUNG BENEFITS PART A The Senate bill set forth certain findings relative to the need for, and desirability of, a benefit program for inactive miners, their dependents, and their surviving widows and children where such miners are disabled or died due to complicated pneumoconiosis. It also provided that it is the purpose of title V of the Senate bill to provide interim emergency health benefits to coal miners who are totally disabled and unable to be gainfully employed due to complicated pneumoconiosis, to widows and children of such miners, and to develop further information on the subject. The House amendment did not have such a statement of purpose. The conference substitute finds that there are a significant number of living coal miners who are totally disabled from pneumoconiosis arising out of employment in one or more underground coal mines; that there are survivors of such miners whose death was due to this disease, and that few States provide such benefits. It also states that it is the purpose of this title to provide such benefits and to insure that future adequate benefits are provided to coal miners and their dependents where disability or death occurs from such disease.The House amendment defined the terms coal mine, complicated pneumoconiosis, dependent, and widow. The Senate bill had no similar provision. The conference agreement adopts the House language for widows and dependents. It also defines the terms pneumoconiosis, secretary, miner, and total disability. PART B The Senate bill directed the Secretary of Health, Education, and Welfare to develop and promulgate disability benefits standards which would govern the determination of persons eligible to receive benefits and the procedure used in disbursing such benefits. The standards, among other things, are to take into consideration the length of employment in coal mines deemed sufficient to establish a claim. The standards are effective upon promulgation unless a later date of no more than 7 months after enactment is prescribed. The House amendment had no similar provision but defined the term complicated pneumoconiosis. The conference agreement directs the Secretary of Health, Education, and Welfare to prescribe by regulation, standards to determine whether a miner is totally disabled due to, or died from, pneumoconiosis. It provides that the regulations shall not be more restrictive that the regulations applicable to section 223(d) of the Social Security Act. It is expected that initially the criteria applied by the Secretary will be that not applied under section 223(d) of that act. Such standards would among other things, require that the administrators of this program apply the best medical means available for ascertaining the disease in the miner.The Senate bill provided for benefit payments to persons determined to be eligible by a State in accordance with the standards of the Secretary of Health, Education and Welfare based upon the minimum monthly payment to which a Federal employee in grade GS2, who is totally disabled is entitled. Under the Senate bill, the Secretary of Health, Education, and Welfare would make grants to cover the entire cost of such payments through June 30, 1971, and to pay one-half of such costs during the fiscal years ending June 30, 1972 and 1973. It authorized annual appropriations for those 3 fiscal years with a requirement for a proportionate reduction in grants and payments if appropriations are not sufficient. The House amendment provided payments to miners totally disabled from complicated pneumoconiosis and to the widows of miners who suffered from complicated pneumoconiosis at the time of death. The disease must have arisen out of, or in the course of, the individuals' employment in a coal mine. If he was so employed for 10 years or more, there is a rebuttable presumption that the disease so arose. if he was not, the individual must demonstrate that his disease so arose. Anyone who suffered from this disease is deemed to be totally disabled and therefore eligible. Under the House amendment payments are based upon the minimum monthly payment to which a Federal employee in grade GS-2, who is totally disabled is entitled at the time of payment under provisions of Federal law relating to Federal employees (sec. 8112, title 5, United States Code). In the case of total disability, the disabled individual is entitled to payment at a rate equal to 50 percent of such minimum monthly amount. The widow of a miner entitled to payment would be eligible to receive the same amount. The payment would be increased to allow for up to three dependents. The first dependent would increase the basic payment by 50 percent; the second dependent by 75 percent; and the third dependent by 100 percent. The maximum monthly payment, therefore, to which an eligible individual is entitled under this subsection is equal to the minimum monthly payment such Federal employee is entitled to. Under the House amendment the Secretary of Labor shall enter into agreements with the Governors of the States under which the State will receive adjudicate claims under this subsection from its residents and under which the payments will be made. Each Governor will implement the agreement in any manner he determines will best effectuate the provisions of this subsection. If the Secretary of Labor is unable to enter into an agreement with a Governor or if a Governor requests him to do so the Secretary may make payments directly. When the Secretary of Labor has an agreement with a State he will make a grant to the State for the purpose of making the individual payments. No claim would be considered unless it is filed (1) within 1 year after the date an employed miner received the results of his first chest roentgenogram as provided under section 203, or, if he did not receive such a chest roentgenogram, the date he was first afforded an opportunity to do so under that section, or (2) in the case of any other claimant, within 3 years from the date of enactment of this act, or, in the case of a claimant who is a widow, within 1 year after the death of her husband or within 3 years from the date of enactment of this act, whichever is the later. The conference substitute provides that the program under part B would be administered by the Secretary of Health, Education, and Welfare who, based on the heretofore mentioned standards, shall provide benefit payments to miners for total disability from pneumoconiosis and to widows of miners whose death is due to this disease. If a miner who suffered or is suffering from the disease was or is employed in one or more underground coal mines for 10 or more years, there is a rebuttable presumption that his disease arose out of such employment and if a deceased miner was so employed and died from a respirable disease, there is also a rebuttable presumption that death was due to this disease. If a miner is suffering or suffered from a chronic dust disease of the lung based on certain specified medical evidence as defined in section 411(c)(3), there is an presumption that he is totally disabled due to pneumoconiosis- or that his death was due to this disease. The benefit payments are to be made as provided in the House amendment; that is, in accordance with the minimum monthly payment to which a Federal employee in grade GS-2 is entitled for total disability. Benefits for miners are to be reduced by an amount equal to any payment which the miner or his widow receives under State workmen's compensation, unemployment compensation, or disability insurance laws due to disability of such miner, and the amount by which such payment to the miner would be reduced on amount of excess earnings under the social security laws. The case of total disability of a miner, the claims but be filed on or before December 31, 1972. In the case of a widow, the claim must be filed within 6 months after death of her husband or by December 31, 1972, whichever is later. Benefits are payable to a widow due to death of a miner under par B if the miner was receiving total disability benefits prior to his death or if the death of the miner occurred prior to January 1, 1973. Also, the benefit program provides that no benefits shall be paid after December 31, 1972, for a miner who filed his claim after December 31, 1971. The House amendment provided that no benefit payments shall be made to residents of any State which, after enactment, reduces to persons eligible under this program the benefits it pays under its State laws which are applicable to its general work force with regard to workmen's compensation, unemployment compensation, and disability insurance, and which are funded by employer contributions. Benefit payments made under State programs funded by general revenues are not included in the maintenance of effort provision in the House amendment for the reason that they are not considered to be workmen's compensation, unemployment compensation, or disability insurance programs as such programs are generally understood, and as they are intended to be understood within the context of this benefit program. Any changes in such payments or programs subsequent to the date of enactment, therefore, would not affect payments to the residents of such State under the House amendment. The Senate bill prohibited the making of benefit payments where a State reduced its benefits to an eligible person. The conference substitute adopts the House amendment without change and together with the above intent. PART C The conference substitute also provides that on or after January 1, 1973, benefit claims must be filed pursuant to applicable State workmen's compensation laws, except, in any period when miners or widows are not covered by any such law which provides adequate coverage for pneumoconiosis, they shall be entitled to claim benefits under this provision of the act. A State workmen's compensation law shall not be deemed to provide adequate coverage for pneumoconiosis during any period unless it is included in a list of State laws found by the Secretary of Labor and published by him, in accordance with guidelines set forth in this provision, to be adequate. During any period after December 31, 1972, in which a State workmen's compensation law is not so included, the applicable provisions of the act of March 4, 1927, as amended, shall be applicable to an operator of an underground coal mine in such State with respect to death or disability due to this disease arising out of employment in such mine. During such period, the operator shall be liable for, and secure the payment of, benefits to the persons listed in section 412(a) as provided in part C of this title, except that no benefit payments shall be required for any such period seven years after enactment.TITLE V-ADMINISTRATION Section 501 1. Both the Senate bill and the House amendment contained provisions under which studies, research, experiments, and demonstrations will be carried on in the fields related to working conditions, prevention of accidents, and control of causes of occupational diseases in the coal mining industry. The House amendment contained a number of specific descriptions of particular matters to be investigated. A number of these have been adopted in the conference substitute, as well as one provision of the Senate bill which required research to develop new and improved sources of power for use underground which was not included in the House amendment. The House amendment required the Secretary of the Interior to distribute or divide the funds available for carrying out the section as equally as possible between himself and the Secretary of Health, Education, and Welfare and the activities in the field of safety be carried out by the Secretary. This House provision was included in the conference substitute.2. Both the Senate bill and the House amendment authorized contracts and grants to public and private agencies and organizations and individuals to carry out research, experiments, demonstrations, studies, training, and education under this section and sections 301(b) and 502(a) without regard to limitations in other statutes on contracts and grants applicable to other programs of the Secretary. In addition, the Senate bill authorized such grants and contracts to carry out other education and study activities. The conference substitute adopts the provisions of the Senate bill in this regard. 3. The House amendment provided that no research can be carried out under the act unless all developments resulting from such research would be available to the general public, subject to such exceptions and limitations as the Secretary or the Secretary of Health, Education, and Welfare might find necessary in the interests of national security. The Senate bill did not contain this provision. The conference adopts the House provision but substitutes public interest for national security. 4. The Senate bill contained a provision which had no counterpart in the House amendment which provided for studies and research of matters involving the protection of life and the prevention of diseases in connection with persons, who, although not miners, work with or around the products of coal mines in areas outside of such mines and under conditions which might adversely affect their health and well-being. This provision is retained in the conference substitute. 5. The Senate bill authorized the appropriation to the Secretary of the Interior of funds to carry out his functions under this section and section 301(b) at an annual rate not exceeding $20 million for fiscal year 1970, $25 million for fiscal year 1971, and $30 million for fiscal year 1972, and each succeeding fiscal year thereafter. It also authorized a separate appropriation of such sums as may be necessary to the Secretary of Health, Education, and Welfare to carry out the responsibilities imposed upon him by the Act with respect to research in the field of health. The comparable provision of the House amendment authorized the appropriation of such sums as might be necessary to carry out the section. The conference substitute adopts the provisions of the Senate bill with technical changes. 6. The Senate bill authorized the Secretary to grant an operator, on a mine-by-mine basis, exceptions to any of the provisions of the Act for the purpose of granting engineering institutions an opportunity to experiment with new techniques and equipment to improve the health and safety of miners where it will not adversely affect their health and safety. The conference substitute adopts this provision with a modification to insure that its benefits will not be limited to engineering institutions but will be available to other accredited educational institutions. The Secretary, of course, may also conduct such experiments directly under his research authority. 7. The Senate bill authorized grants to public and private agencies, institutions, and organizations, and operators or individuals for research and experiments to develop effective respiratory devices and other devices to carry out the purposes of the act. The conference substitute adopts this provision of the Senate bill, but limits it to the development of respiratory equipment. Section 502 Both the Senate bill and the House amendment contain provisions relating to programs for the education and training of coal-mine operators, agents thereof, and miners. The Senate bill also directs the Secretary to provide technical assistance to mine operators, but no comparable provision was in the House amendment. The conference agreement adopts this provision of the Senate bill.Section 503 1. The Senate bill provided Federal assistance to coal producing States in developing and enforcing effective health and safety laws and regulations applicable to mines in the States, and to promote Federal-State coordination and cooperation in improving health and safety conditions in the Nation's coal mines. It provided, that, in order to receive Federal assistance, the State must submit a plan designating the State coal mine inspection or safety agency as the agency for administering the plan and containing assurance that it will have authority to carry out the plan, gives assurances that an adequate staff will be employed, sets forth the plans, policies, and methods to be followed in carrying out the plan, provides for extension and improvement of the State's program for coal mine health and safety, and prohibits advance notices of inspections, contains the usual common provisions relating to fiscal control and fund accountability and for reports to the Secretary and meets additional conditions prescribed by the Secretary. The Secretary is authorized to discontinue the assistance under the plan if the State fails to comply with it or fails to give reasonable cooperation in administering this Act. If the State is aggrieved by the Secretary's decision to discontinue assistance under the plan, an appeal lies to the Court of Appeals for the District of Columbia. The Senate bill further provided that grants may be made where there is an approved State plan to carry it out, including the cost of training inspectors, and to assist States in planning and implementing other programs for the advancement of health and safety in coal mines. The Senate bill provided that the Federal Grant may not exceed 80 percent of the cost of the program. It authorized the appropriation of $3 million for the fiscal year 1970 and $5 million for each succeeding fiscal year to carry out the program. It also required an equitable distribution of these funds among the States and for coordination between the Secretaries with the Secretary of Labor and Health, Education, and Welfare in making grants under the section.The comparable provision of the House amendment provided for grants to coal mining States to assist them to conduct research and planning studies to carry out plans designed to improve their workmen's compensation and occupational disease laws and programs as they relate to compensation for pneumoconiosis and injuries in coal mine employment, and to assist the States in planning and implementing other programs for the advancement of health and safety in coal mines. The grants under the House provision would not extend beyond a period of 5 years following the effective date of the act and would be made only to States which have an approved State plan. The Secretary would approve State plans which provide for making reports to him and for fiscal control and fund accounting procedures, and assure that the State will not reduce its existing State programs or benefits, and meets other conditions which he may prescribe. The provision prevented the Secretary from disapproving a State plan without giving the State an opportunity for a hearing. The amount granted under the House amendment could not exceed 80 percent of the amount expended by it in carrying out the plan. The House amendment authorized the appropriation of $1 million for the fiscal year 1970 and each succeeding fiscal year for carrying out the section. The conference substitute combines the provisions of both bills, but the requirement of a State plan is not included. Instead, the conference substitute requires the annual filing of an application for a grant. The conference substitute does give an opportunity for judicial review by the Court of Appeals for the District of Columbia of decisions of the Secretary when he disapproves a State application. As agreed to in conference, the amount authorized to be appropriated is $3 million for the fiscal year 1970 and $5 million annually thereafter for grants to be distributed equitably to coal producing States with approved applications. The amount of the grant to any coal mining State for a fiscal year is limited to 80 per centum of the sum expended by the State annually to carry out the grant application. The managers intend that the Secretary provide grant to States where there is actual coal production during the previous fiscal year for commerce. 2. The provision in the Senate bill providing for the development of facilities, as appropriate, to train Federal and State coal mine inspectors jointly is retained under the conference agreement with a modification to make it clear that it also provides for the construction of such facilities where needed. Section 504 The Senate bill amended the Small Business Act to authorize loans (either directly or in cooperation with banks or other lending institutions) to assist small business coal mine operators in effecting additions or alterations in the equipment facilities, or methods of operation on such mines to meet requirements imposed by this act if the Small Business Administration determines that such concern is likely to suffer substantial economic injury without such assistance. The Senate bill also permitted loans to be made or guaranteed under section 202 of the Public Works and Economic Development Act of 1965 for this new purpose. The corresponding provision of the House bill authorized the Secretary for 5 years after enactment to make loans to coal mine operators to enable them to procure or convert equipment needed by them to comply with the provisions of this Act. These loans would have had maturities set by the Secretary but not in excess of 20 years and would bear interest at a rate which would be adequate to cover the cost of the funds to the Treasury, the cost of administering the section and probable loss. The Secretary would be required to use the services of the Small Business Administration. The conference substitute adopts the provisions of the Senate bill on this matter.Section 505 Both the Senate bill and the House amendment contained provisions relating to qualifications and training of inspectors and other personnel. The Senate bill, unlike the House amendment, also waived the provision of the Revenue and Expenditure Control Act of 1968 relating to the number of employees for this program. Because of the clear need for more qualified inspectors and other personnel to enforce and administer this Act, the House amendment with this provision of the Senate bill, is retained in the conference substitute.Section 506 The Senate bill provided that nothing in the Act would be construed to supersede or effect workmen's compensation laws of the States or to affect common law rights, duties, or liabilities of employers and employees under specified State laws. No comparable provision was contained in the House amendment, and no such provision appears in the conference substitute.Section 509 The Senate bill provided that the operative date of the interim health and safety standards would be four months after enactment. The House amendment provided that the safety standards be effective three months after enactment and that the health standards be effective six months after enactment. The conference agreement adopts the House provision with a modification noting that, where an earlier effective date is specified, such date shall control.Section 511 The Senate bill required an annual report to the Congress by the Secretary and the Surgeon General. The House amendment also provided for separate annual reports by the Secretary and the Secretary of Health, Education, and Welfare but specified in greater detail the matters to be included in the reports. The conference agreement adopts the House language with technical changes. The managers intend that these reports be as informative as possible about the actions taken and not taken by the two Secretaries under this Act to achieve its purposes and, most particularly, to achieve compliance with its provisions.Section 512 The House amendment provided for a study by the Secretary of the ways to coordinate Federal and State coal mine health and safety activities. The Senate bill had no comparable provisions. The conference agreement adopts the House provision.Section 513 The Senate bill provided that in any proceeding involving the validity of the interim mandatory health and safety standards, no temporary restraining orders or preliminary injunctions restraining or enjoining such standard shall be issued pending a final determination of the issue on the merits. There was no comparable House provision. The conference adopts the Senate provision.
Carl D. Perkins, John H. Dent, Roman Pucinski, Augustus F. Hawkins, Patsy T. Mink, Phillip Burton, William H. Ayres, John N. Erlenborn, Alphonzo Bell, Dominick V. Daniels, John M. Ashbrook, Managers on the Part of the House.
 
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