PRINTER'S NO. 3652
No. 2597 Session of 1986
INTRODUCED BY KASUNIC, DeLUCA, DALEY, VEON, SWEET, KOSINSKI,
FATTAH, F. TAYLOR, MARKOSEK, KUKOVICH, STABACK, DeWEESE,
RICHARDSON, STEIGHNER, JAROLIN, PETRONE, STEWART, SALOOM,
LUCYK, BELFANTI, OLASZ, SEVENTY, MICHLOVIC, STAIRS,
LEVDANSKY, TRELLO, McCALL, LESCOVITZ, TELEK, J. L. WRIGHT,
BLACK, SWIFT, D. W. SNYDER, ANGSTADT, ARGALL, SAURMAN AND
CARLSON, JUNE 11, 1986
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
JUNE 11, 1986
AN ACT
1 Amending the act of July 17, 1961 (P.L.659, No.339), entitled
2 "An act relating to bituminous coal mines; amending,
3 revising, consolidating and changing the laws relating
4 thereto; providing for the health and safety of persons
5 employed in and about the bituminous coal mines of
6 Pennsylvania and for the protection and preservation of
7 property connected therewith; prescribing powers and duties
8 in connection therewith; prescribing penalties; and repealing
9 existing laws," further providing for mine inspections and
10 the powers and duties of mine inspectors, for violations and
11 for compensation upon closure.
12 The General Assembly finds that the primary concern of the
13 coal mining industry must be the health and safety of its most
14 precious resource, the miner; and that coal mining is highly
15 specialized, technical and complex and requires frequent review,
16 additions, refinement and improvement of safety standards in
17 order to protect the health and safety of miners.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
1 Section 1. Sections 117 and 118 of the act of July 17, 1961
2 (P.L.659, No.339), known as the Pennsylvania Bituminous Coal
3 Mine Act, are amended to read:
4 Section 117. Duties of Mine Inspectors.--(a) Each mine
5 inspector shall devote the whole of his time to the duties of
6 his office. It shall be his duty to thoroughly examine each
7 operating mine in his district as often as necessary for safety.
8 [Non-gassy mines shall be inspected at least once every four
9 months.] Mines [liberating explosive gas and where other dangers
10 may be suspected to exist] shall be inspected at least once
11 every three months to see that all the provisions of this act
12 are observed and strictly carried out[, especially those that
13 demand that the air current be carried to the working faces]. He
14 shall keep in his office a record of all examinations of mines,
15 showing the condition in which he finds them, especially with
16 reference to ventilation, roof control and drainage, the number
17 of persons employed inside each mine, the extent to which the
18 law is obeyed, [and] the progress made in the improvement of
19 mines and a record of each violation cited. He shall keep a
20 record of all lost time accidents, showing the nature and causes
21 thereof, and the number of deaths resulting therefrom. He shall
22 also perform such other duties as the secretary may require.
23 (b) The mine inspector shall visit the scene of each fatal
24 accident occurring in any mine within his district and shall
25 make an examination into the particular facts of such accident.
26 He shall make a report to the department setting forth the
27 results of such examinations, including the condition of the
28 mine and the cause or causes of the fatal accident, if known,
29 the opinions of the representatives of the miner, and the method
30 for preventing the occurrence or similar accident. All such
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1 reports shall be made available to interested parties, upon
2 written request.
3 (c) The inspectors shall inspect a mine in response to a
4 report of violation by a miner and shall keep confidential the
5 identity of the reporting miner. No advance notice of any
6 quarterly inspection or inspection resulting from a report of
7 violation shall be provided to any person. The violation of this
8 requirement shall result in the immediate termination of any
9 inspectors or person causing or contributing to any such advance
10 notice.
11 (d) At the commencement of any inspection, investigation or
12 other such activities at a coal mine by any inspector or at any
13 conference held with the operator, the authorized representative
14 of the miners at the mine shall be given an opportunity to
15 accompany the authorized representative of the department on
16 such inspection, investigation or conference. A representative
17 of the miners who is also an employe of the operator shall be
18 compensated at his regular wages by the operator while
19 participating in the activities described herein.
20 (e) In addition to the other duties imposed by this act, it
21 shall be the duty of each inspector to note each violation he
22 finds, including those that the inspector has not observed but
23 believes to have existed upon good cause, and issue a finding
24 order or notice, as appropriate for each violation so noted. If
25 no violation is cited relative to a particular complaint of a
26 miner or miner's representative, the inspector shall note in the
27 report the complaint and the reason why no violation was cited
28 and provide a copy to the miner or miner's representative.
29 During the investigation of any accident, any violation may be
30 noted, whether or not the inspector actually observes the
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1 violation and whether or not the violation exists at the time
2 the inspector notes the violation, so long as the inspector has
3 evidence that the violation has occurred or is occurring.
4 Section 118. Duties of Electrical Inspectors.--In order that
5 the electrical inspector may properly perform the duties
6 required of him, he shall devote his whole time and attention to
7 the duties of his office, and he shall have the right to enter
8 any coal mine for the purpose of inspecting electrical
9 equipment, shall examine every mine in his division at least
10 once annually, and if he finds during his inspection any defects
11 in the electrical equipment or otherwise which may be
12 detrimental to the lives or health of the workmen, he shall have
13 the authority to order the operator, in writing, to remedy such
14 defects within a prescribed time, and to prohibit the continued
15 operation of such electrical equipment after such time, unless
16 such defects have been corrected.
17 Section 2. The act is amended by adding sections to read:
18 Section 118.1. Inspection Notice and Orders.--(a) (1) If,
19 upon any inspection of a coal mine, an inspector finds that an
20 imminent danger exists, he shall issue forthwith an order
21 requiring the operator of the mines or his agent to cause
22 immediately all persons, except those referred to in subsection
23 (c) of this section, to be withdrawn from and to be prohibited
24 from entering the area until an inspector determines that the
25 imminent danger no longer exists.
26 (2) All employes on the inside and outside of a mine who are
27 idled as a result of the posting of a withdrawal order by a mine
28 inspector shall be compensated by the operator at their regular
29 rates of pay for the period they are idled, but not to exceed
30 three days.
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1 (b) If, upon any inspection of a coal mine, an inspector
2 finds that there has been a violation of the law, or a rule or
3 regulation, but the violation has not created an imminent
4 danger, he shall issue a notice to the operator or his agent,
5 fixing a reasonable time for the abatement of the violation. If,
6 upon the expiration of the period of time, as originally fixed
7 or subsequently extended, an authorized representative of the
8 department finds that the violation has not been totally abated,
9 and if he also finds that the period of time should not be
10 extended, he shall find the extent of the area affected by the
11 violation and shall promptly issue an order requiring the
12 operator of such mine or his agent to cause immediately all
13 persons, except those referred to in subsection (c) of this
14 section, to be withdrawn from and to be prohibited from entering
15 such area until an inspector determines that the violation has
16 been abated.
17 (c) The following persons shall not be required to be
18 withdrawn from or prohibited from entering any area of the coal
19 mine subject to an order issued under this section:
20 (1) Any person whose presence in such area is necessary, in
21 the judgment of the inspector, to eliminate the condition
22 described in the order.
23 (2) Any public official whose official duties require him to
24 enter such area.
25 (3) Any representative of the miners in such mine who is
26 qualified to make coal mine examinations or who is accompanied
27 by such a person and whose presence in such area is necessary
28 for the investigation of the conditions in the order.
29 (4) Any consultant to any of the persons in clauses (1)
30 through (3) of this subsection.
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1 (d) Notices and orders issued pursuant to this section shall
2 be in writing and contain a detailed description of the
3 conditions or practices which cause and constitute an imminent
4 danger or violation of any health and safety law, rule or
5 regulation, and, where appropriate, a description of the area of
6 the coal mine from which persons must be withdrawn and
7 prohibited from entering.
8 (e) Each notice or order issued under this section shall be
9 given promptly to the operator of the coal mine or his agent by
10 an inspector issuing such notice or order, and all such notices
11 and orders shall be signed by such operator or agent and posted
12 on the bulletin board at the mine. A copy of all notices and
13 orders shall promptly be given to the representative of miners
14 at the mine.
15 (f) A notice or order issued pursuant to this section may be
16 modified or terminated by an inspector.
17 (g) Each mine shall maintain an office, with a conspicuous
18 sign so designating it, and a bulletin board, at the office or
19 at some conspicuous place near an entrance of the mine, for the
20 posting of notices, orders and decisions required by this act or
21 regulations promulgated thereunder. The notices, orders and
22 decisions shall be posted and easily visible to all persons
23 desiring to read them and shall be protected against damage by
24 weather and against unauthorized removal. A copy of every
25 notice, order or decision required by this title to be given to
26 an operator shall be delivered or sent by certified mail to the
27 office of the affected mine and to the representative of the
28 miners. The operator shall immediately post the copy on the
29 bulletin board of the mine for not less than thirty days. The
30 notice, order or decision shall be available for public
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1 inspection.
2 Section 118.2. Compensation of Miners Upon Closure.--(a) If
3 a mine or area of a mine is closed by an order pursuant to this
4 section, all miners working during the shift when the order was
5 issued who are idled by the order shall be entitled, regardless
6 of the result of any review of the order, to full compensation
7 by the operator at their regular rates of pay for the period
8 they are idled, but for not more than the balance of the shift.
9 If the order is not terminated prior to the next working shift,
10 all miners on that shift who are idled by such order shall be
11 entitled to full compensation by the operator at their regular
12 rates of pay for the period they are idled, up to and including
13 the entire shift.
14 (b) Whenever an operator violates or fails or refuses to
15 comply with any order issued under this act, all miners employed
16 at the affected mine who would have been withdrawn from or
17 prevented from entering the mine or an area of the mine as a
18 result of the order shall be entitled to full compensation by
19 the operator at their regular rates of pay, in addition to pay
20 received for work performed after such order was issued, for the
21 period beginning when the order was issued and ending when the
22 order is complied with, vacated or terminated.
23 (c) The department or a miner employed at the mine may
24 institute an action to enforce compliance with the provisions of
25 this section.
26 Section 3. This act shall take effect immediately.
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