HEADLINES 

MINING LEGISLATION CARRIES OSHA RAMIFICATIONS
On July 21, the House Education and Labor Committee passed the Robert C. Byrd Miner Safety and Health Act of 2010 (HR 5663). The bill updates America's mine health and safety laws in the wake of the recent mining tragedy in West Virginia. You will recall that 29 miners were killed at Massey Energy's Upper Big Branch Mine; the worst coal mine disaster in America in 40 years. While the legislation focuses on mining operations, NUCA and the Coalition for Workplace Safety (CWS) are concerned with the correlation to OSHA regulations. In a letter sent to leaders of the committee on July 20, the CWS cautioned Congress that "the legislation, while primarily addressing issues with mine safety, would result in the most sweeping changes to the OSH Act since its inception. Unfortunately the provisions of this bill are not the right approach to assist both employers and employees in our shared goal of maintaining safe and healthful workplaces." Provisions regarding mandatory abatement procedures, increased civil and criminal penalties, and whistleblower protections are among the issues included in this legislation. Reminding lawmakers about the increased safety record of America's employers, the CWS said "According to the Bureau of Labor Statistics, from 1994 to 2008 the total recordable case rates for workplaces injuries and illnesses have been cut in half (improved by 53.6 percent), and workplace fatalities are now at their lowest level ever."

NUCA will continue to monitor the progress of HR 5663 and actively oppose the legislation as long as the related OSHA implications remain in the bill.