Слике страница
PDF
ePub

So, Mr. Chairman, with reference to each one of those questions that were brought up on this legislation, I believe they have been amply taken care of in this legislation, and that possibly with the amendments that will be offered by the gentleman from Michigan, will make certain that all of these reservations will be taken care of.

Mr. HALL. Mr. Chairman, will the gentleman yield?

Mr. QUIE. I am glad to yield to the gentleman from Missouri.

Mr. HALL. Apropos of the statement which the gentleman just made and the query directed to the Secretary of Interior, I wonder if the gentleman in the well or the sponsor of the bill knows if this would apply to Tripoli or rottenstone or soapstone and so forth, which is a diatomaceous formation, very rarely mined and at only one spot in the United States, but which is used in the processing of carborundum?

Mr. QUIE. I am sorry. I do not know all about carborundum, but in my opinion the answer that the Secretary of Interior gave when it came to crushed stone would also apply; that is, where the mining ends and the manufacturing begins, that is where the effect of this legislation will cease.

Mr. HALL. I thank the gentleman. Mr. GIBBONS. Mr. Chairman, will the gentleman yield?

H.R. 8989 is based solidly on a report of the Secretary of the Interior, submitted to the Congress nearly 2 years ago, as a result of the Congress's enactment of Public Law 87-300, directing the making of such a study.

So, Mr. Chairman, the Congress has already recognized the problem, has asked the Interior Department to study and to report. The ball is in our court, Mr. Chairman. The next step is up to

us.

The Secretary recommended the creation of advisory committees, including representatives of mine workers and mine operators to help him develop health and safety standards.

The bill does this.

The Secretary's report recommended that he be authorized to require compliance with those health and safety standards which dealt with the more standards which dealt with the more serious hazards.

The bill gives him this authority, to be exercised in consultation with the advisory committees.

The Secretary asked that his representatives be empowered to enter covered mines for inspection purposes. The bill meets that need.

In deference to the efforts that have been made by some States to meet the needs of mine safety, and in recognition of the fact that local conditions may call, in some cases, for differing rules to

Mr. QUIE. I yield to the gentleman achieve the same objectives, the bill befrom Florida.

Mr. GIBBONS. Mr. Chairman, I want to commend the gentleman from Minnesota [Mr. QUIE] for the very fine statement which he has just made.

Mr. Chairman, I rise to support H.R. 8989, a bill to help reduce the high accident and occupational illness rate which now prevails in the mining industry.

The Congress has long recognized as a matter of policy what any miner's family can assert as a fact of life-that mining is a hazardous occupation, that the sinews of our technology, the fuels and the mineral resources that are basic to our wealth are wrested from the earth at a discernible and tragic cost in human health and human lives.

This cost, Mr. Chairman, can be controlled, though it may never be eliminated entirely. Those who benefit from the labors of those who risk their lives in the mines have a particular obligation to do all they can to minimize those risks. All of us profit. All of us All of us live richer and more comfortable lives because the miner daily risks his health and his life. The responsibility, therefore, is a national one.

The proposed bill does not enter into uncharted territory in the area of Federal regulation. The Federal Coal Mine Safety Act, as amended in 1952, makes mandatory health and safety standards for coal and lignite mines and empowers the Bureau of Mines to enforce these standards, except for mines employing less than 15 persons underground. And just 2 months ago, this House voted overwhelmingly to subject these smaller coal and lignite mines to the Bureau's power to enforce mandatory standards.

We seek today to extend this concept to metal and nonmetallic mines.

fore us allows any State to assume responsibility for mine safety if the State puts into effect a plan which is at least as effective as the Federal standards.

This bill, Mr. Chairman, is a workable approach to a problem which is brought home to some American family every day. It will not, I must admit, put an end to the cost, in blood, of our continuing quest for the richness of the earth. ing quest for the richness of the earth. But it will reduce that cost. Miners will be alive a year from now who might not be alive a year from now who might not be if this bill were not enacted. That is, I believe, a most compelling reason for the passage of H.R. 8989.

Mr. O'HARA of Michigan. Mr. Chairman, I yield 10 minutes to the gentleman, I yield 10 minutes to the gentleman from Colorado [Mr. ASPINALL].

Mr. ASPINALL. Mr. Chairman, there is a matter of committee jurisdiction involved in this legislation. May I say further if the question over jurisdiction further if the question over jurisdiction is as happily resolved at all times as it has been in this particular instance, nothing could be more favorable to the nothing could be more favorable to the legislative process.

I wish to commend the chairman of the full Committee on Education and Labor full Committee on Education and Labor for his cooperative attitude, and I also wish to commend sincerely the activities and cooperativeness of the gentleman from Michigan [Mr. O'HARA]. The fact that our staffs have worked so well together leads me to believe that if these matters are taken up through sincerity, and jurisdictional prejudices are not left and jurisdictional prejudices are not left in control, all matters wherein jurisdictional problems are involved can be decided by this method of having an agreement before you come to the floor of the House.

The purpose of the amendments, as has been said, is to make this a safety measure as well as a labor measure. The

Committee on Interior and Insular Affairs has charge of the activities of the Interior Department as they relate to safety, whether in the coal mines, or whether they relate to the metal and nonmetallic mines. In this particular, the history of the development of this legislation, is a goal sought by a very sincere and a very enlightened labor union group in the United States. For years they have pressed for legislation that would have for its purpose the lessening of accidents in our mining activities. I hope we are arriving at a situation where these goals can be attained, at least as much as humanly possible.

But let me suggest to my colleagues, I would not want it left unsaid or unanswered that the Committee on Interior and Insular Affairs is not as much interested in the safety of the workers in the mines as it is in the welfare of the producers. We are interested in all facets of mining operations, and the Committee on Interior and Insular Affairs will give its support to legislation such as this provided the legislation is fair to all segments of our economy.

There are some questions about the provisions of this bill that we might have, but by and large, with the acceptance of the amendments which we have worked out with Mr. O'HARA and his committee members this bill goes a long way toward attaining the objectives which we all seek.

However, 100 percent accident-free activities are not possible. No one should be misled, and believe that the passage of this bill will result in no accidents at all. Some accidents are caused because of selfish and uncooperative operators, people who are more interested in making a dollar than they are in protecting their workers. Some accidents are incurred because of inefficient and ineffective Government employees. They are on the payroll, but they do not do their job. We are not going to get rid of all of this. Some accidents are caused

by the activity of the employee whose own carelessness is responsible. Whether it is an open pit or underground mine, there will be some accidents because some people are not safety conscious. I do not know how we are ever going to rid ourselves of this particular part of our labor operations.

Mr. Chairman, do not be misled by figures. The record of the United States for the last 10 years is not a bad record when it comes to safety, especially in metal and nonmetallic mines. The figures given include the coal mines as well as metal and nonmetalic mines, as far as accidents are concerned.

We have difficulty in understanding the Boajiare report. The study board bypassed one man in the United States who has the reputation for safety. The Director of the Bureau of Mines at that was not allowed-he was not permitted to take part in the conclusions that were reached. His recommendations were left entirely unanswered and unused, which makes it a little bit difficult for some of us to understand the report that came out. port that came out. But all of us--I think I can say this without any fear

of contradiction-desire to see that we have a uniform code relative to safety in our mine operations.

I might say to my colleagues, it is a little surprising to me that we take care of everybody now, the Coal Mining Safety Act having passed with its amendments and now the Metal and Nonmetal Mining Safety Act and we take care of everybody with a safety program except for the open pit coal mines. We do not cover the open pit coal mines. This seems rather peculiar to some of us.

The real problem that has been involved here so far as I am concerned is the question of local control, regional control, State control, or Federal control. Most certainly the amendments that I have proposed, have for their prime purpose, of making it possible for the States that have good safety codes and that have good enforcement records and have sufficient enforcement personnel to do the job for them to continue to do the job and not try to get the responsibility for safety as far away as possible from the mine operator and the laborer. I just believe it is more in keeping with good commonsense to have local responsibility where local responsibility will be accepted than it is to defend on a removed Federal autocracy.

Neither was I pleased with the bill as it originally came out of the committee, with the complete control given over to the Secretary of the Interior. I do not care who the Secretary of Interior may be, but there should be some kind of procedure left so that a capricious Secretary or a Secretary who does not have the time to really study all the problems involved, could not impose an uninformed decision upon an industry so basic to our economy as this industry is.

Mr. Chairman, I have an explanation of the amendments but I do not wish to take the time of the committee now to give this explanation. If there is any question with regard to them when the

ments to H.R. 8989, the proposed Federal Metal and Nonmetallic Mine Safety Act as offered by the gentleman from Michigan [Mr. O'HARA]. These amendMichigan [Mr. O'HARA]. These amendments have been discussed with the ments have been discussed with the chairman of the House Education and Labor Subcommittee handling the bill and are satisfactory to me.

The general purpose of these amendments is to bring H.R. 8989 in closer harmony and conformance with the existing Coal Mine Safety Act and to limit the broad discretionary powers which the bill would give to the Secretary of the Interior. Under terms of the proposed bill the Secretary of the Interior would be given absolute discretionary would be given absolute discretionary power over safety programs, safety inspection, and safety enforcement in all metal and nonmetallic mines. He could establish mandatory safety standards, after consultation with advisory groups but would not be required to follow the advice of these groups. While the bill provides that States with adequate safety programs could retain jurisdiction of safety programs and safety inspections within their boundaries, it leaves to the sole discretion of the Secretary of the Interior to determine, in his own judgment, if those programs were adequate. ment, if those programs were adequate. Upon his determination that they were not adequate and without recourse to judicial review by the State involved, the Secretary could withdraw approval of a State's plan for enforcement of safety programs within the State and assume jurisdiction. Such broad discretionary powers, without adequate recourse by the State for review by a third party, are too great and in my opinion could do great harm. The Congress did not grant great harm. The Congress did not grant such broad discretion to the Secretary of the Interior when the Coal Mine Safety Act was under consideration. Why should such powers be now granted in connection with the proposal under present consideration? Certainly metal and nonmetallic mining is not more hazand the record

have inadequate programs or may wish to resubmit amended State programs where the Secretary has previously rejected the plan. This would assure the State the right to submit a plan at any time.

Amendment to page 11, lines 4 and 5, by eliminating the words "in the judgment of the Secretary" limits the broad discretionary power of the Secretary to approve or disapprove State plans and would require acceptance of a plan if it met the standards set forth subsequently in the bill.

Amendment to page 12, line 17, further limits the discretionary power of the Secretary of the Interior by providing that if any State is dissatisfied with the action of the Secretary regarding disapproval of a State plan or with withdrawal of approval of an existing State plan recourse may be had by the State by petitioning the courts for review of this action. The court could affirm, reverse, or modify the findings of the Secretary.

Amendment to page 12, line 18, is concerned only with renumbering of sections of the bill to accommodate amendments.

Amendment to page 13, line 2, provides authority for the Secretary of the Interior to appoint officials and employees, subject to civil service laws, to carry out the administration of the act and further sets forth minimum qualifications for employment of mine inspectors.

Amendment to page 13, line 12, provides that certain sections of the act shall not become effective until 1 year after publication of regulations of the Secretary of the Interior or until 90 days following a regular session of the State

legislature. This would permit any State not having adequate State safety programs or lacking adequate authority the time and opportunity in which to revise the State program or to enact the necessary legislation to create such programs. Mr. FULTON of Pennsylvania. Mr. Chairman, I yield such time as he may

amendments are offered, I shall be glad will show that this industry generally desire to the gentleman from New York to try to answer

colleagues may have.

Mr. Chairman, I support the legislation because I believe it is a step in the right direction.

I wish to acknowledge once again the cooperative work and the cooperative manner and procedures followed by our good friend, the gentleman from Michigan [Mr. O'HARA] on this legislation.

Mr. O'HARA of Michigan. Mr. Chairman, will the gentleman yield?

Mr. ASPINALL. I am glad to yield to my colleague.

Mr. O'HARA of Michigan. I wish to say that the gentleman from Colorado is one of the leading chairmen in the history of the great Committee on Interior and Insular Affairs. I have learned of the grasp that he has of the problems coming under the jurisdiction of his committee. The way in which the gentleman has made his knowledge and influence felt on this bill is truly a remarkable tribute to him and I have enjoyed working with the gentleman.

has an excellent safety record as have most of the States in which metal and nonmetallic mining is of significance.

The amendments which are to be offered would limit the discretionary power of the Secretary of the Interior by proof the Secretary of the Interior by providing the States with the right of judicial review from the Secretary's withdrawal of approval of a State safety program and would bring other provisions of the proposal closer to the provisions of the Coal Mine Safety Act.

A brief explanation of the amendments, as I understand them, is as follows:

Amendment to page 3, line 1, is largely procedural and would conform the proposal with the provisions of the Coal Mines Safety Act by adding the word "substantially" before the words "affect commerce,".

Amendment to page 9, line 5, is also largely procedural and by eliminating the words "the public, or" would more closely conform with the Coal Mine closely conform with the Coal Mine Safety Act.

Amendment to page 10, line 21, would Mr. ASPINALL. I thank my colleague grant any State the right to submit a very much.

Mr. Chairman, I wish to advise my colleagues that I shall support the amend

State plan, at any time, to the Secretary of the Interior. Many States now have of the Interior. Many States now have adequate safety programs. Others may

[Mr. McEwEN].

Mr. MCEWEN. Mr. Chairman, I too would like to commend the author of this bill and the chairman and members of the committee and also the distinguished chairman of the Committee on Interior and Insular Affairs.

I feel this bill represents the labors of the author and of a good many Members and the very real concern, interest and work of the members of the Committee on Education and Labor.

Mr. Chairman, I hope sincerely that this bill, which I intend to support, will accomplish two things. First, Mr. Chairman, that it will serve to move those States that have heretofore failed to respond to the need for mine safety inspection services that would adequately protect the safety of those who work in our mines and, secondly, that this bill will grant the continuing right to the States that have done such an admirable job in this field to continue to carry on the programs that they have carried on in the past.

I would say, Mr. Chairman, that as to the information given by the gentleman from Michigan, I was delighted but not surprised to learn that the State of New

York is one of the top three States on the basis of standards that were laid down in the field of mine safety.

I could not help but note that the three States who are leaders in this fieldCalifornia, the home State of the distinguished chairman of the Committee on Interior; Colorado, and New York--are all leading mining States. I should like to think that because they are leaders in this field of mining they give particular attention to this field.

I know that many of the Members, when they think of the great State of New York, think of Metropolitan New York, the home of the United Nations, Broadway, and all the things that we associate with that great metropolitan

area.

I should like to point out that New York State is one of the leading mining States of the Union. In New York, approximately 10 percent of the zinc of America is mined. We are the largest producers of talc in America. Without this talc, our great paint, rubber, ceramics, and other industries would be sorely pressed.

We are substantial producers of various other minerals.

In my own district we are a large producer of both zinc and iron and are the largest single producer in America of talc.

I have been concerned that the bill not interfere with a long-established and well-operated mine inspection service in the State of New York. To that end, I made inquiry of the Secretary of the Interior and I received from him an acknowledgment of my inquiry and also a letter written from that Department by the Deputy Assistant Secretary of the Interior in which he assured me that New

York rates high among the States that approach effective mining safety programs. The letter states also:

We feel confident that your State will submit a plan that will meet the six requirements set forth in H.R. 8989 and thus be acceptable to the Secretary.

Mr. Chairman, later I shall ask permission to insert at this point in the RECORD both my letter of inquiry to Secretary Udall and the replies that I received from the Secretary and the Deputy Assistant Secretary of the Interior.

The letters referred to follow:
HOUSE OF REPRESENTATIVES,
Washington, D.C., July 26, 1965.
Hon. STEWART L. UDALL,
Secretary, Department of the Interior,
Washington, D.C.

DEAR MR. SECRETARY: Your writer is privileged to represent a congressional district in the northern part of the State of New York which has a number of active mining operations; iron, zinc, and talc. Both labor and management in these mines are interested in H.R. 8989, a bill to promote health and safety in metallic and nonmetallic mineral industries.

New York State has enjoyed an excellent mine safety record. This has been accomplished by a very competent and professional mine safety program conducted by the New York State Department of Labor with excellent cooperation from both management and labor.

None of the persons or groups interested and responsible for mine safety in New York State have expresed dissatisfaction with the

State program nor have they desired to see
it replaced by a Federal program.

It is my understanding that H.R. 8989, as
amended, provides for the delegation of en-
forcement responsibilities to any State that
submits a satisfactory enforcement plan.

I recognize that the language of the bill
does not give specific assurance for the con-
tinuation of New York State's enforcement
of its own mine safety regulations. However,
I am sure that you are familiar with the New
York State program, and I would, therefore,
appreciate your advice as to whether or not
enforce its own regulations, and (2) that
New York State could expect (1) the right to
these regulations, which recognize local con-
ditions, would require little modification to
comply with the Federal standards that
would be imposed under H.R. 8989.

As it is probable that this legislation will
be before the House in the very near future,
I would appreciate your early response to
this inquiry.
Very truly yours,

ROBERT C. MCEWEN.

U.S. DEPARTMENT OF THE INTERIOR,
Washington, D.C., July 28, 1965.
Hon. ROBERT C. MCEWEN,
House of Representatives,
Washington, D.C.

The CHAIRMAN. Is there objection to the request of the gentleman from Minnesota

There was no objection.

Mr. QUIE. Mr. Chairman, I thank the gentleman from Pennsylvania [Mr. FULTON] in the handling on the House debate of this mine safety legislation in which he is so keenly interested and which he ardently supports.

Mr. Chairman, I yield to the gentleman sume. from Utah such time as he might con

Mr. BURTON of Utah. Mr. Chairman, I am not the world's greatest living expert on mine safety, but I come from a district in which mining plays a highly important role and in which the safety of the men that conduct these operations is of sincere interest not only to me but to mine management and to those representing the employees at the various operations.

I have been appalled at the heavy fatalities that occur on the Nation's highways annually and in the record heavy toll accidents take in the home and in

DEAR MR. MCEWEN: I am acknowledging places other than on the job. When you

your letter of July 26, in which you seek
answers to certain questions regarding H.R.
8989, a bill to promote health and safety in
metallic and nonmetallic mineral industries.

I am asking the office of the Assistant Sec-
retary for Mineral Resources to write you
further on this subject.

Sincerely yours,

STEWART L. UDALL,
Secretary of the Interior.

U.S. DEPARTMENT OF THE INTERIOR,
Washington, D.C., August 9, 1965.
Hon. ROBERT C. MCEWEN,
House of Representatives,
Washington, D.C.

DEAR MR. MCEWEN: Secretary Udall's re-
26, 1965, on metal mine safety paved the way
sponse of July 28, 1965, to your letter of July
for the following additional information
with respect to application of the provisions
of H.R. 8989 to the State of New York.

In recognition of those States that have established and are operating an effective and acceptable metal and nonmetallic mine health and safety program, H.R. 8989 provides that such States shall continue to assume full responsibility for metal and nonmetallic mine health and safety.

According to the report of the Secretary of the Interior to the Congress on the study of metal and nonmetallic mines and quarries under the provisions of Public Law 87-300, 75 Stat. 649, New York rates high among the States that approach an effective mine safety program.

We feel confident that your State will submit a plan that will meet the six requirements set forth in H.R. 8989 and thus be acceptable to the Secretary.

Sincerely yours,

JOHN F. O'LEARY,
Deputy Assistant Secretary

of the Interior.

In closing, I repeat my hope that the bill will meet the need in the States which have a need for better mine inspection, but that, at the same time, it will not upset programs that have been effectively carried on in States that have had good programs, and that the Federal standards, when promulgated, will recognize local situations within our States.

Mr. QUIE. Mr. Chairman, I ask unanimous consent to extend my remarks at this point in the RECORD.

compare these records with the records of fatalities and accidents in noncoal mines, it seems to me that the noncoal mining industry has done a terrific job in promoting safety consciousness and in developing effective safety programs, but we cannot assume a "good-enough" attitude-nor will we.

A cold look at statistics over the years show outstanding progress has been made in noncoal mining, thus demonstrating the effectiveness of the programs adopted and pursued by enlightened industrial management, by continued research, by the conscientious efforts of local and State organizations to assist management in arriving at safe and efficient mining, and by the cooperative efforts of the industry and the U.S. Bureau of Mines to constantly improve safety practices.

I have also had the opportunity to take a look at the safety programs resulting from enforced Federal activity in the field of coal mining. I must at this point make it clear that there is considerable difference between the hazards which occur in coal mines as a result of rapid diffusion of gas, accelerated transmission of explosive factors, quick flooding, and in the differing types of haulage operations than those generally prevailing in metal and nonmetallic mines. The records as to accident prevention and to disaster prevention resulting from the enactment of a Federal law requiring mine inspection and enforcement of findings resulting therefrom in my judgment, certainly do not prove that a similar law applied to the mines of the other branches of the industry would in any way result in higher safety standards or in greatly improved safety records.

Accidents occurring in the mines generally provide sensational news for rapid dissemination across the country. On the other hand, the splendid day-today job that is being done by industry goes unnoticed. It is disconcerting that the public image of the industry with regard to safety is not in keeping with its accomplishments. Mine disasters are

like airplane crashes-they get the headlines, but the thousands of flights that land safely every day are unmentioned. The minerals industry is impressively important. For example, the value of domestic mineral production in 1963 at the mines, not counting crude oil and natural gas, was about $9.5 billion. It involved about 440,000 men working in mines, mills and plants, of whom about 157,000 were coal miners.

Utah is also proud of its mineral production which in 1962 was valued at $410 million, including $138 million for mineral fuels. However, its coal production dropped about 30 percent from 1961, to a value of some $23 million in 1962.

The superiority of the United States in industry and defense, and in home, recreational, and utilitarian equipment such as the telstar, radio, automobiles, and other devices evolves from our highly sophisticated mining, refining and manufacturing talents. But these skills, But these skills, comforts, and protections are, in turn, dependent on the men who devote their efforts and sometimes their limbs and lives to mine these vital minerals from the earth.

However, with all our refinements, jet airplanes, and ostentatious luxuries, we are surprised, too often, by failures by the men and safety devices for those who toil in the mines. For example, on August 27, 1963, a potash mine at Cane Creek, near Moab, Utah, exploded and killed 18 men because of underground ignition of combustible gas. The mine was closed down for investigation, and, even 3 days afterward, there were dangerous pockets of carbon monoxide gas in the depths of the 3,000-foot tunnels, and rescue crews had to temporarily abandon efforts to find the last victim. This was not a small mine. On the contrary its value was about $40 million. Corrective measures had been recommended previously and smoking had occurred in spite of numerous "no smoking" signs.

Another explosion ripped a coal mine at Helper, Utah, in December 1963, and

killed nine miners and injured another. The blast was at the lower end of one of the mine's two shafts, each a mile long. It was caused by ignition of a methane gas-coal dust mixture which

accumulated because the mine ventilating current was not properly directed, and adequate tests for gas were not being

made.

Those explosions were terrible, but these were only two, killing 27 men. The totals for the Nation are still too high. For example, in 1962, 643 men were killed, and there were 31,985 nonfatal injuries in all type of mineral mining industries, including oil and gas.

Although these figures are appalling, we have made considerable progress in mine safety. For example, the total number of men killed and the number of nonfatal injuries in 1962 were less than half those as recently as 1947.

There are nearly 8,000 coal mines in the United States of which about 7,000 mines employ less than 15 men underground, and there are over 10,000 other nonmetal and metal mines.

Our western Governors at their 1964 meeting in San Francisco adopted the

following resolution after careful con- mining industry for a number of years by sideration of the matter: the Interior Department's Bureau of Mines.

Whereas the establishment of procedures and the supplying of equipment to assure safe operations in industry are an integral part of the management responsibility; and Whereas this responsibility for safety, as a continuing daily duty in industrial operations and planning, places industry in the position of being best qualified and able to solve its safety problems through its own endeavors: Now, therefore, be it

Resolved, That the western Governors' conference:

1. Opposes as unnecessary and undesirable the enactment of laws to require Federal

inspection of metallic and nonmetallic mines;

2. Urges that State activities in the health and safety field be adequately financed by the States; and

3. Recommends that present cooperation between Federal agencies and the States in this field be continued and that the U.S. Bureau of Mines continue, through its research activities and its training programs in accident prevention, first aid and mine rescue, to render valuable service to the mining to render valuable service to the mining industry."

Adopted May 4, 1964.

All of us are desirous of maintaining safe and efficient mining operations. This is not to say to you that the records of the mining industry, or of any of its branches, have as yet attained the high goal that you and I would like to see servation that industry and labor have reached. However, it has been my obworked hard to bring about the adoption servation that industry and labor have of safety programs that are making operation of our mines, treatment plants and other surface works as safe as can be done within the realm of individual activity. All of us know that individuals get careless in time and it is this carelessness that leads to a great many of the accidents that occur not only in the mines, but in the manufacturing plants and other establishments across the Na

tion. If each individual will think safety, work safely, and act in the best interests of safety of his fellow workers, the accidents and fatalities which occur today would drop to a minimal point.

Mine safety is first the problem of the individual-half the mine fatalities now are a result of man failure-and the management of the company concerned; and second, regulation of mine safety and second, regulation of mine safety should be a large concern of the local and State governments. I decry those who seek an answer to every problem by turning to the old saw, "There ought to be a law." Only through the cooperation of the individual, management, and tion of the individual, management, and local authorities can our safety record achieve the high goals which I know mine employees devoutly seek.

Mr. GRIFFIN. Mr. Chairman, I ask unanimous consent to extend my remarks at this point in the RECORD.

The CHAIRMAN. Is there objection to the request of the gentleman from Michigan?

There was no objection.

Mr. GRIFFIN. Mr. Chairman, I support H.R. 8989, the proposed Federal Metal and Nonmetallic Mine Safety Act.

This legislation would provide health and safety standards for the metal and nonmetallic mine, quarry, and sand and gravel industries of our country. Similar standards have been enforced in the coal

Surely no one could disagree with the goal and the purposes of this bill-the reduction of accidents and fatalities in the mines. Some have expressed concern that State and local authority over such matters will be destroyed by this bill. It should be emphasized, however, that H.R. 8989 not only permits-but encourages the States to enact and enforce their own mine safety regulations. Section 13 of the bill spells out procedures under which any State may keep

its own house in order in this area.

The major function of the Bureau of Mines should be to collect information on mine safety problems from the operators themselves and to encourage the States to correct difficulties that may arise.

Preservation of lives and the health of the thousands of Americans engaged in mining must be our foremost concern. A single unnecessary accident is one too many. It is self-evident, moreover, that

efficient production will be enhanced by

a reduction in accidents and work stoppages due to poor health.

Mining has always been recognized as a difficult and dangerous occupation. Modern methods have resulted in an ever

increasing mechanization of the industry. However, mechanization has not eliminated all of the hazards connected with mining. Explosive gases, harmful dust, restricted working space, overhead rock and a myriad of other safety problems still remain. So long as such dangers threaten our miners, effi

cient and reasonable steps should be taken to insure the health and safety of those who work in the mines.

Mr. Chairman, I urge the passage of H.R. 8989.

Mr. HATHAWAY. Mr. Chairman, one of the most important provisions is contained in section 13. Section 13 of this bill provides that States may assume jurisdiction and responsibility for the development and enforcement of health and safety standards in the mines which are subject to this act. In order to qualify under this section the individual State must submit a plan for such jurisdiction and responsibility to the Secretary of the Interior.

Such State programs must provide that:

First. A single State agency be made responsible for administering the plan throughout the State.

Second. The plan be substantially as effective as the mandatory standards which the Secretary is required to develop.

[blocks in formation]

If, after such a plan has been submitted by a State, the Secretary of the Interior decides that it is sufficient to carry out the purposes of this act, the Secretary relinquishes his authority to enforce mine health and safety standards directly in that individual State.

This provision does not weaken the Federal role to an unworkable degree in this matter because not only does the Secretary first have to approve all exemptions but he also retains some control over the matter in the individual States. The Secretary must make a continuing evaluation of the manner in which the State plan is being carried out and the effectiveness of such a plan. Part of this evaluation must be made on the basis of his own inspection of the mines in the States which have approved plans. If the Secretary should determine that the State is not carrying out effectively a program of mine safety, he may cancel approval of the plan. In such an instance the mine operators in the State become subject to the mandatory standards and enforcement powers of the Secretary.

In fine, section 13 recognizes that mine safety can be handled effectively at the local level and provides that if a State is carrying out an effective mine safety program or if it has the initiative to start an effective program of mine safety, then the authority should remain in the

State.

Mr. ROYBAL. Mr. Chairman, I

greatly appreciate this opportunity to express my strong support for the approval of H.R. 8989, the Federal Metal and Nonmetallic Mine Safety Act, as a significant effort to promote the cause of health and safety in our metal and nonmetallic industries.

As the author of H.R. 5157, a similar bill to provide a system of health and safety rules and regulations with proper enforcement provisions, adequate inspection and investigation, plus needed training and education for safety in metallic and nonmetallic mines and quarries, I have been keenly interested in this subject, and am very hopeful that we will be able to enact this necessary and long-overdue legislation during the present session of the 89th Congress.

While Congress has taken action to provide Federal enforcement of certain health and safety standards in coal and lignite mines, it has not so far enacted similar legislation extending Federal protection to workers in other types of mines. Yet the hazards faced by workers in these mines are substantially comparable to those encountered by coal

miners.

The problem is serious. During 1962, for instance, on-the-job injuries in the metal and nonmetallic mineral industries resulted in more than 7,000 manyears lost from work-more than double the amount of time lost from strikes in the same year.

In addition, the comprehensive study and report of the Secretary of the Interior, completed in November 1963 pursuant to provisions of the Metal and Nonmetallic Mines Safety Study Act of 1961, has documented the urgent need for this legislation.

The Secretary's fine report states in part:

The competency of American private enterprise in the extraction of metals and minerals is recognized throughout the world. The long experience and ingenuity of these industries and their equipment suppliers has led to the development and use of production techniques that are models of efficiency. The unfortunate fact, however, is that efforts to overcome many of the hazards to health and safety have not kept pace with increased productivity. The number and severity of the injuries experienced each year severity of the injuries experienced each year by persons employed in the extractive industries should be alarming to an America that prides itself on its concern for the welfare of its citizens. In the face of 10,000 lost-time injuries and more than 200 deaths in a single year, it would be difficult to ignore the need for positive action.

legislation currently on the books is Part of the problem, of course, is that grossly inadequate to do the job.

On this point, the Secretary's report minces no words:

The present structure of State laws cover

age and enforcement is clearly inadequate to deal comprehensively with the problem of safety in the mineral industry.

tions for health and safety in these mines.

Mr. Chairman, this legislation would provide the basis for such a fair and impartial Federal law to be applied and enforced in a uniform manner in all the States.

For that reason, I want to take this opportunity again to express my support for H.R. 8989 as a most worthwhile effort to provide, for the first time in the Nation's history, history, a solid framework within which to promote the cause of health and safety for the workers in America's metal and nonmetallic mineral industries.

Mr. QUIE. Mr. Chairman, I have no further requests for time.

Mr. O'HARA of Michigan. Mr. Chairman, I have no further requests for time.

The CHAIRMAN. The Clerk will read. The Clerk read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Metal and Nonmetallic Mine Safety Act".

SEC. 2. For the purposes of this Act: (a) The term "commerce" means trade, traffic, commerce, transportation, or communication between any State, the Commonwealth of Puerto Rico, the District of Columbia, or any territory or possession of the United States, and any other place outside the respective boundaries thereof, or wholly within the District of Columbia, or any terri

Mr. Chairman, it is my firm belief that sideration because it will make a major this legislation deserves favorable concontribution toward achieving better health and safety conditions in the thousands of metallic and nonmetallic mines, quarries, and sand and gravel pits tory or possession of the United States, or in operation in the United States today.

Deaths and nonfatal injuries in these mineral industries have been, and still are, tragically and unnecessarily high. Although there has been some safety improvement in recent years, the overall record is still scandalous.

Deaths numbered 226 in 1962 and 179 in 1963, and there were over 10,000 nonfatal injuries in each of those years. These costly losses will continue to occur unless corrective measures are undertaken quickly. Many of these accidents could have been avoided entirely with a comprehensive and thorough and adequately enforced national safety pro

gram.

The great need is for proper safety education, training, inspections, danger warnings, and enforcement of safety regulations-conditions which, unfortunately, do not now exist in many States.

The more than 250,000 men in these mines, quarries, and pits are today at the mercy of the many widely varying laws and regulations of each of the 50 States. Some State safety and health laws, inspections, and enforcement procedures are very good, while in other States these requirements range down to poor or virtually nonexistent.

Safety inspectors in some States are political appointees who do not have to meet educational or technical safety training standards, or mining experience training standards, or mining experience requirements. Furthermore, there is no law to permit Federal mine safety inspectors to enter and inspect these mines

require corrections in dangerous conditions.

The glaring gaps in the present hodgepodge of good and bad State safety provisions reveal the great need for a single overall uniform standard of education, inspections, and enforcement of regula

between points in the same State, if passing through any point outside the boundaries thereof.

(b) The term "mine" means (1) an area of land from which minerals other than coal or lignite are extracted in nonliquid form or, if in liquid form, are extracted with workers underground, (2) private ways and roads appurtenant to such area, and (3) land, excavations, underground passageways, and workings, structures, facilities, equipment, machines, tools, or other property, on the surface or underground, used in the work of extracting such minerals other than coal or lignite from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in the milling of such minerals, except that with respect to protection against radiation hazards such term shall not include property used in the milling of source material as defined in the Atomic Energy Act of 1954, as amended.

(c) The term "operator" means the person, partnership, association, or corporation, or subsidiary of a corporation operating a mine, and owning the right to do so, and includes any agent thereof charged with responsi

bility for the operation of such mine.

(d) The term "Secretary" means the Sec

retary of the Interior or his duly authorized

representative.

[blocks in formation]

SEC. 4. The Secretary of the Interior is authorized at any time to cause to be made

such inspections and investigations as he shall deem necessary in mines which are subject to this Act (1) for the purpose of obtaining, utilizing, and disseminating information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases orig

inating therein, (2) for the purpose of deter

mining whether or not there is compliance with a health and safety standard or order issued under this Act, or (3) for the purpose of evaluating the manner in which a State plan approved under section 13 (b) is being

« ПретходнаНастави »