PRINTER'S NO. 2316
No. 1847 Session of 1987
INTRODUCED BY BELFANTI, STEVENS, PETRARCA, LEVDANSKY, LUCYK,
DeWEESE, KASUNIC, DeLUCA, TELEK, DALEY, WOZNIAK, VEON AND
ANGSTADT, OCTOBER 19, 1987
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
OCTOBER 19, 1987
AN ACT
1 Amending the act of November 10, 1965 (P.L.721, No.346),
2 entitled "An act relating to anthracite 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 anthracite 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 violations, for civil
10 and criminal penalties and for judicial review; and
11 establishing a board of appeals.
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:
20 Section 1. Section 125 of the act of November 10, 1965
21 (P.L.721, No.346), known as the Pennsylvania Anthracite Coal
1 Mine Act, is amended to read:
2 [Section 125. Inspections; Reports of Inspections.--(a)
3 Each inspector, upon completion of each inspection of a mine, is
4 required to meet with the safety committee of the mine and to
5 attach to the report of inspection for the mine a letter stating
6 that the meeting was held, listing the names of the members of
7 the safety committee present and the matters, pertaining to
8 safety, discussed at the meeting.
9 (b) A duplicate of the said report of inspection shall be
10 immediately mailed to the operator and by him at once placed in
11 a weather or dustproof case, with a glass front furnished by the
12 operator, and placed in a conspicuous place at each mine
13 opening, shaft, slope or drift, so that the workmen may have
14 easy access thereto.
15 (c) It shall be the duty of the electrical inspector after
16 completing his examination of a mine to prepare a report
17 describing his findings in said mine in a manner and form
18 designated by the secretary. The original report shall be
19 forwarded to the operator or his representative whose duty it
20 shall be to post it in some conspicuous place where it shall
21 remain for one year, open to examination by any person employed
22 in or about the mine. The report shall show the date of
23 inspection, a list of equipment inspected, and any other
24 information that the secretary may deem necessary.]
25 Section 2. The act is amended by adding a section to read:
26 Section 125.1. Penalties and Conferences.--(a) At the
27 conclusion of the inspection of a mine, the mine inspector shall
28 discuss with representatives of management and representatives
29 of the miners his findings, notices and orders. Where it is not
30 feasible to hold a joint conference, separate conferences shall
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1 be held.
2 (b) (1) Any operator of a coal mine in which a violation of
3 any health and safety rule or regulation occurs or who violates
4 any other provision of this law shall be assessed a civil
5 penalty by the department, which penalty shall be not more than
6 ten thousand dollars ($10,000) nor less than three hundred
7 dollars ($300), for each such violation. Each such violation
8 shall constitute a separate offense. In determining the amount
9 of the penalty, the department shall consider the operator's
10 history of previous violations, the appropriateness of such
11 penalty to the size of the business of the operator charged, the
12 gravity of the violation and the demonstrated good faith of the
13 operator charged in attempting to achieve rapid compliance after
14 notification of a violation.
15 (2) Any operator who knowingly violates a health or safety
16 rule or regulation or a provision of law, or knowingly violates
17 or fails or refuses to comply with any order issued under this
18 article, or any order incorporated in a final decision issued
19 under this article, except an order incorporated in a decision
20 under subsection (a) of this section, shall be assessed a civil
21 penalty by the department under clause (1) of this subsection of
22 not more than twenty thousand dollars ($20,000) nor less than
23 one thousand dollars ($1,000), and for a second or subsequent
24 violation shall be assessed a civil penalty of not more than
25 forty thousand dollars ($40,000) nor less than two thousand
26 dollars ($2,000).
27 (3) Any operator who violates any posting requirement under
28 this act shall be liable for a civil penalty not exceeding five
29 thousand dollars ($5,000) for each violation.
30 (4) Any miner who willfully violates the provisions of this
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1 act regarding smoking or the carrying of smoking materials,
2 matches or lighters or the use or possession of intoxicants or
3 drugs shall be liable to a civil penalty not exceeding two
4 hundred fifty dollars ($250) for each violation.
5 (5) In addition to any other remedies available at law or in
6 equity, a civil penalty may be assessed for a continuing
7 violation of any provision of this act, or rules or regulations
8 adopted pursuant to it, or any order. Consideration shall be
9 given to the gravity of the violation, the history of the
10 previous violations, the degree to which the violation placed
11 any person in imminent danger and the appropriateness of the
12 penalty with respect to the size of the business of the operator
13 being charged.
14 (c) (1) A civil penalty shall be assessed by the department
15 only after the person charged with a violation under this
16 article, or rule or regulation promulgated pursuant to this
17 article, has been given an opportunity for a public hearing and
18 the department has determined, by a decision incorporating its
19 findings of fact therein, that a violation did occur and the
20 amount of the penalty which is warranted, and incorporating,
21 when appropriate, an order therein requiring that the penalty be
22 paid.
23 (2) If the person against whom a civil penalty is assessed
24 fails to pay the penalty within the time prescribed in such
25 order, the department shall institute appropriate civil
26 proceedings for collection thereof.
27 (3) No proposed penalty which has been contested shall be
28 compromised, mitigated or settled except with the approval of
29 the department. No penalty assessment which has become a final
30 order of the department shall be compromised, mitigated or
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1 settled except with the approval of the court.
2 (d) (1) The penalties provided for in this subsection shall
3 be in addition to other criminal penalties provided for in this
4 act.
5 (2) Whoever knowingly makes any false statement,
6 representation or certification to any inspector or in any
7 application, record, plan or other document filed or required to
8 be maintained pursuant to this law or any order or decision
9 issued under this law shall be guilty of a misdemeanor, and,
10 upon conviction, shall be sentenced to pay a fine of not more
11 than twenty-five thousand dollars ($25,000) or to imprisonment
12 for a period of not more than six months, or both. The
13 conviction of any person under this subsection shall result in
14 the revocation of any certification held by him which certifies
15 him or authorizes him to direct other persons in coal mining by
16 operation of law and shall bar him from being issued any license
17 under this article, except a miner's certification, for a period
18 of not less than one year or for such longer period as may be
19 determined by the department.
20 (3) Whoever knowingly distributes, sells, offers for sale,
21 introduces or delivers in commerce any equipment for use in a
22 coal mine, including, but not limited to, components and
23 accessories of such equipment, and who willfully misrepresents
24 such equipment as complying with the provisions of this act, or
25 with any specification or regulation of the department
26 applicable to such equipment, when it does not so comply, shall
27 be guilty of a misdemeanor, and upon conviction, shall be
28 subject to the same fine and imprisonment that may be imposed
29 upon a person in subsection (d)(2) of this section.
30 (4) Any person who gives advance notice of any inspection to
19870H1847B2316 - 5 -
1 be conducted is guilty of a misdemeanor and, upon conviction,
2 shall be sentenced to pay a fine not exceeding two thousand
3 dollars ($2,000) or to imprisonment not exceeding six months, or
4 by both.
5 Section 3. Section 126 of the act is amended to read:
6 [Section 126. Mine Inspectors' Orders; Cease Work.--(a) If
7 the mine inspector discovers any chamber, breast, or other
8 working place being driven in advance of the air current,
9 contrary to the requirements of this act, he shall order the
10 workmen in such places to cease work at once until the law is
11 complied with.
12 (b) If the mine inspector shall discover any condition
13 whereby, in his judgment, the lives or health of persons or the
14 security of the property in or about a mine or colliery are
15 endangered he shall immediately issue a stop order to the
16 superintendent, mine foreman and assistant foreman of the mine,
17 which stop order shall withdraw all workmen except those
18 necessary to correct the hazardous condition.]
19 Section 4. The act is amended by adding sections to read:
20 Section 126.1. Review of Order.--(a) (1) An operator
21 issued a citation or an order pursuant to the provisions of
22 section 125.1, or any representative of miners in any mine
23 affected by such citation or order, may apply to the department
24 for review of the citation or order within thirty days of
25 receipt thereof or within thirty days of its modification or
26 termination. An operator issued such citation or order, or any
27 representative of miners in any mine affected by such citation
28 or order may, if he believes that the period of time fixed in
29 such citation or order for the abatement of the violation is
30 unreasonable, apply to the department for review of the citation
19870H1847B2316 - 6 -
1 or order within thirty days of the receipt thereof. The
2 applicant shall send a copy of such application to the
3 representative of miners in the affected mine, or to the
4 operator, as appropriate. Upon receipt of such application, the
5 department shall cause an investigation to be made as it deems
6 appropriate. Such investigation shall provide an opportunity for
7 a public hearing, at the request of the operator or the
8 representative of miners in such mine, to enable the operator
9 and the representative of miners to present information relating
10 to the issuance and continuance of such order, to the
11 modification or termination thereof, or to the time fixed in
12 such citation or order. The filing of an application for review
13 under this law shall not operate as a stay of any order or
14 notice.
15 (2) The operator and the representative of the miners shall
16 be given written notice of the time and place of the hearing at
17 least five days prior to the hearing.
18 (b) Upon receiving the report of such investigation, the
19 department shall make findings of fact, and it shall issue a
20 written decision, incorporating therein an order vacating,
21 affirming, modifying or terminating the citation or order, or
22 the modification or termination of such citation or order, or
23 the citation or order complained of, and incorporating his
24 findings therein. In view of the urgent need for prompt decision
25 of matters submitted to the department under this law, all
26 actions which the department takes under this section shall be
27 taken as promptly as practicable, consistent with adequate
28 consideration of the issues involved.
29 (c) Pending completion of the investigation required by this
30 section, the applicant may file with the department a written
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1 request that the department grant temporary relief from any
2 modification or termination of any citation or order, or from
3 any citation or order issued under this article, except a
4 citation or an order issued under section 119.1, together with a
5 detailed statement giving reasons for granting such relief. The
6 department may grant relief, under such conditions as it may
7 prescribe, if all of the following conditions are met:
8 (1) A hearing has been held in which all parties were given
9 an opportunity to be heard.
10 (2) The applicant shows that there is substantial likelihood
11 that the findings of the department will be favorable to the
12 applicant.
13 (3) Such relief will not adversely affect the health and
14 safety of miners in the coal mine.
15 (d) No temporary relief shall be granted in the case of a
16 notice issued under section 125.1(a).
17 Section 127.1. Enforcement by Mine Inspectors.--(a) To
18 enable the mine inspector to perform the duties imposed upon him
19 by this act, he shall have the right at all times to enter any
20 mine in his district or any mine in any other district when
21 directed to do so by the secretary, to make examinations or
22 obtain information; and upon the discovery of any violation of
23 this act, or upon being informed of any violation of the act, he
24 shall institute proceedings against the person or persons at
25 fault, under the provisions of this act.
26 (b) If the superintendent or operator fails to:
27 (1) obey any order or decision issued under this act;
28 (2) hinders, refuses or delays an inspection or enforcement;
29 (3) refuses to furnish information or report requested;
30 (4) refuses to permit access to or copying of records;
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1 (5) refuses to admit persons to the mine; or
2 (6) otherwise fails to comply with any duty under any law or
3 regulation;
4 the mine inspector in the district or the department shall
5 immediately apply, in the name of the Commonwealth, to the court
6 of common pleas of the county in which said mine is located, or
7 to a judge of said court in chambers, for an injunction to
8 enjoin the operation of all work in and about said mine. The
9 court shall at once proceed to hear and determine the case; and
10 if the cause appears to be sufficient, after hearing the parties
11 and their evidence, as in like cases, shall issue its writ to
12 restrain the working of said mine until all cause of danger is
13 removed; and the costs of said proceedings shall be borne by the
14 owner, lessee, or agent of the mine. If the court shall find the
15 cause not sufficient, then the case shall be dismissed, and the
16 costs shall be borne by the county wherein said mine is located.
17 Should any mine inspector find during his inspection of a mine,
18 or portion of a mine, such dangerous conditions existing therein
19 that, in his opinion, any delay in removing the workmen from
20 such dangerous places might cause loss of life or serious
21 personal injury to the employes, the mine inspector shall have
22 the right to temporarily withdraw all persons from such
23 dangerous places until the foregoing provisions of this section
24 can be carried into effect.
25 (c) Any miner affected by the failure of an operator to
26 comply with the provisions of this act may institute an action
27 in the court of common pleas of the county where the mine is
28 located, joining the department as a party to obtain compliance
29 or other enforcement of this act or to implement departmental
30 regulations. In addition, a violation of this act which created
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1 a substantial risk of physical harm to a miner and caused death
2 or serious injury to a miner, where the operator knew or should
3 have known of the violation, shall give rise to a cause of
4 action for actual and punitive damages, less any workers'
5 compensation benefits awarded.
6 Section 5. Section 128 of the act, repealed in part April
7 28, 1978 (P.L.202, No.53), is amended to read:
8 Section 128. [Discretionary Power of Mine Inspectors]
9 Judicial Review.--The mine inspector shall exercise sound
10 discretion in the performance of his duties under the provisions
11 of this act, and if the operator, superintendent, mine foreman,
12 or other persons employed in or about any mine, shall be
13 dissatisfied with any decision the mine inspector or department
14 has given in the discharge of his or its duties, which decision
15 shall be in writing, [it shall be the duty of] the dissatisfied
16 person [to] may appeal from said decision to the [secretary, who
17 shall at once appoint a commission to accompany promptly the
18 mine inspector in the district to make further examination into
19 the matter in dispute] board of appeals, provided such person
20 has first exhausted any applicable means of review provided
21 under section 126.1. If the [said commission] board of appeals
22 shall agree with the decision of the mine inspector in the
23 district, [their] its decision shall be final and conclusive,
24 unless [the dissatisfied person shall appeal therefrom], within
25 seven days of receipt of the board's decision, an appeal is
26 taken to the court of common pleas of the county in which said
27 mine or a portion thereof is situated, whereupon the court or a
28 judge of said court in open court or in chambers shall promptly
29 hear such appeal and shall permit testimony and argument, oral
30 or written, or both, by both parties. In such appeal the
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1 appellant shall be designated the plaintiff and the board of
2 appeals shall be the defendant. Within five days after
3 conclusion of testimony and argument, the said court shall issue
4 such decision and orders as may be proper and appropriate under
5 the circumstances. Appeals from decisions of the court shall be
6 taken in the manner provided by law.
7 Section 6. Section 129 of the act is amended to read:
8 Section 129. Appointment of a Commission by the Secretary.--
9 The secretary may, at his discretion, appoint a commission for
10 the purpose of investigating any question within the purview of
11 this act to enable him to make a decision in accordance
12 therewith: Provided, however, That it shall be mandatory that
13 the secretary appoint a commission for the purpose of an
14 investigation wherein such action is required in any of the
15 provisions of this act. Whenever, on the basis of its
16 investigation, the commission finds that a violation of this act
17 has occurred, it shall notify the department, which shall
18 promptly take the appropriate enforcement action.
19 Section 7. The act is amended by adding a section to read:
20 Section 129.1. Board of Appeals.--There is hereby created a
21 board of appeals, consisting of three members appointed by the
22 Governor, to hear appeals and proceedings under this article. At
23 least one person shall be selected to represent the viewpoint of
24 the operators and one person selected to represent the viewpoint
25 of the miners. The person appointed by the Governor to represent
26 the viewpoint of the miners shall be from a list of three
27 nominees submitted by the major employe organization
28 representing miners in the State. The person appointed to
29 represent the viewpoint of the operator shall be from the five
30 major employer organizations in the State. The chairman of the
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1 board, who shall be selected by the board, shall have the power
2 to administer oaths and subpoena witnesses. Each member of the
3 board shall receive all lost wages while actually engaged in the
4 performance of the work of the board, but not less than fifty
5 dollars ($50) nor more than one hundred fifty dollars ($150),
6 and shall receive all transportation and other expenses at the
7 prevailing rates. Board members, before performing their duties,
8 shall take and subscribe to an appropriate oath of office.
9 Section 8. This act shall take effect immediately.
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