PRINTER'S NO. 540
No. 483 Session of 2007
INTRODUCED BY BASTIAN, BELFANTI, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CREIGHTON, DALEY, DENLINGER, DeWEESE, FABRIZIO, FAIRCHILD, FLECK, FREEMAN, GEIST, GEORGE, GOODMAN, GRUCELA, HALUSKA, HENNESSEY, HESS, M. KELLER, KENNEY, KULA, MANN, MARKOSEK, McILHATTAN, MUNDY, MUSTIO, MYERS, NAILOR, O'NEILL, PICKETT, PYLE, RAPP, READSHAW, REED, SOLOBAY, STABACK, STERN, R. STEVENSON, SURRA, WATSON, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, COX AND W. KELLER, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 26, 2007
AN ACT 1 Establishing the Mine Families First Program; providing 2 assistance to persons whose family members are trapped, 3 injured or waiting rescue during an underground mine 4 emergency and for duties of the Department of Environmental 5 Protection. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Mine Families 10 First Act. 11 Section 2. Legislative findings. 12 The General Assembly finds and declares as follows: 13 (1) Since this Commonwealth began regular reporting in 14 1870, over 51,504 miners have died in Pennsylvania's 15 anthracite and bituminous mines, specifically, 31,116 in 16 anthracite mines and 20,388 in bituminous mines.
1 (2) As a result of mine accidents like the Darr Mine 2 disaster in Westmoreland County that took 239 lives in 1907 3 and the Knox Mine accident in Luzerne County in 1959 where 4 the Susquehanna River broke through an anthracite mine and 5 killed 12 miners, Pennsylvania adopted some of the first mine 6 safety statutes in the United States, starting in 1869 with a 7 law requiring ventilation in anthracite mines. 8 (3) The Commonwealth's current mine safety laws, the act 9 of July 17, 1961 (P.L.659, No.339), known as the Pennsylvania 10 Bituminous Coal Mine Act, and the act of November 10, 1965 11 (P.L.721, No.346), known as the Pennsylvania Anthracite Coal 12 Mine Act, establish the framework for ensuring the safety of 13 workers in bituminous, anthracite and other underground 14 industrial mineral mines, but they do not include provisions 15 for caring for the families of miners trapped, injured or 16 waiting rescue. 17 (4) The Quecreek Mine accident that occurred in Somerset 18 County during July 2002, where nine miners were rescued after 19 being trapped as water flooded into their mine, provided a 20 model for how to care for the needs of families of miners 21 during a mine emergency. 22 (5) It is the policy of this Commonwealth to treat the 23 families of miners trapped, injured or waiting rescue during 24 a mine emergency with the dignity and respect they deserve 25 and to make sure the families are provided updated 26 information on rescue efforts before the public or the media 27 and that their needs and questions are attended to during a 28 mine emergency. 29 Section 3. Definitions. 30 The following words and phrases when used in this act shall 20070H0483B0540 - 2 -
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Department." The Department of Environmental Protection of 4 the Commonwealth. 5 "Mine Emergency Response Program." The program established 6 in the Department of Environmental Protection to ensure the 7 safety of underground miners as authorized by the act of July 8 17, 1961 (P.L.659, No.339), known as the Pennsylvania Bituminous 9 Coal Mine Act, and the act of November 10, 1965 (P.L.721, 10 No.346), known as the Pennsylvania Anthracite Coal Mine Act. 11 Section 4. Mine Families First Program. 12 (a) Establishment.--The department shall establish the Mine 13 Families First Program as part of the Mine Emergency Response 14 Program to ensure two-way communication between those persons in 15 command of a mine emergency response operation and the families 16 of miners trapped, injured or waiting rescue. 17 (b) Mine families first response and communications plan.-- 18 Within 90 days of the effective date of this section, the 19 department shall develop a mine families first response and 20 communication plan to outline the steps that shall be taken by 21 the department and mine owners and operators to communicate with 22 families of miners involved in a mine emergency. The plan shall 23 at a minimum contain the following: 24 (1) Procedures for the immediate notification of mine 25 family members in the event of a mine emergency through 26 individuals previously designated by mine workers. 27 (2) Designation of and, if necessary, transportation to 28 a physical location for mine families to gather to obtain 29 information about the mine emergency and rescue operations. 30 (3) Security provisions to ensure the privacy of mine 20070H0483B0540 - 3 -
1 families at the location designated for mine emergency 2 briefings for families. 3 (4) Procedures to ensure mine families are briefed 4 regularly, before the news media, about the progress of the 5 mine emergency response. 6 (5) Designation of a mine family first liaison staff for 7 each incident to serve as a 24-hour point of contact for mine 8 families to provide a two-way conduit for information about 9 the mine emergency and rescue operation. 10 (6) Procedures and a process for involving and 11 coordinating the participation of not-for-profit and public 12 social service organizations to provide counseling and other 13 social services mine families may need during a mine 14 emergency. 15 (7) Procedures and a process for notification and, if 16 needed, transportation of miner families to medical 17 facilities where miners extricated from mines are given 18 follow-up medical care. 19 (c) Public review process.-- 20 (1) The department shall, within 30 days of completing 21 the initial mine families first response and communications 22 plan, submit the plan for public review and comment. 23 (2) After completion of the review and comment period, 24 the department shall make the necessary revisions to the mine 25 families first response and communication plan and develop a 26 final plan for use as part of a mine emergency response 27 program. 28 Section 5. Family first liaison. 29 (a) Designation.--The department shall designate a person to 30 serve as mine families first liaison for each mine emergency, 20070H0483B0540 - 4 -
1 whose duties shall include, at a minimum: 2 (1) Provide miners' families with briefings on the 3 progress of mine emergency response operations in a timely 4 and effective manner. 5 (2) Receive and act on comments, concerns and needs of 6 the miners' families during and immediately after the 7 response to the mine emergency. 8 (3) Coordinate with the appropriate social service, 9 disaster aid and other public and not-for-profit agencies and 10 organizations to provide assistance needed by mine families. 11 (4) Assure information about the mine emergency response 12 is communicated to miners' families first before information 13 is released to the public or media. 14 (5) Ensure the wishes of the miners' families are 15 honored with respect to the granting of interviews and access 16 by the news media. 17 (b) Training program.--The department shall develop a 18 training program for mine families first liaisons to provide a 19 basic level of competency in handling emergency situations, in 20 effective communications techniques and in understanding the 21 psychological factors experienced by miners' families during 22 mine emergency situations. 23 Section 6. Advisory council. 24 (a) Establishment.--The department shall establish the Mine 25 Families First Response and Communications Advisory Council. The 26 council shall be comprised of at least the following members: 27 (1) One member representing mine owners. 28 (2) One member representing mine labor unions. 29 (3) One member representing local emergency response 30 professionals. 20070H0483B0540 - 5 -
1 (4) One member representing mental health professionals. 2 (5) One member from the Pennsylvania Emergency 3 Management Agency. 4 (6) Two at-large members selected from the general 5 public. 6 Each member shall be appointed by the Governor, with the 7 exception of the two at-large members, one of whom shall be 8 appointed by the President pro tempore of the Senate and the 9 other of whom shall be appointed by the Speaker of the House of 10 Representatives. All members must be residents of this 11 Commonwealth. One alternate member shall be appointed for each 12 member and shall take the place of the respective member 13 whenever that member is unable to attend an official meeting. 14 (b) Terms.--Each member shall serve for a period of three 15 years. A member upon expiration of that member's term shall 16 continue to serve until a successor is appointed. 17 (c) Duties.--The advisory council shall assist the 18 department in developing the initial mine families first 19 response and communications plan and provide assistance in 20 periodic review and updating of the plan. The advisory council 21 shall assist in reviewing how the plan was used in the event of 22 an actual mine emergency and offer recommendations to the 23 department for any needed changes to the plan resulting from its 24 review. 25 (d) Expenses.--Advisory council members shall not receive a 26 salary but shall be reimbursed for all necessary expenses 27 incurred in the performance of their duties. An alternate may 28 not be reimbursed unless the alternate serves in place of the 29 appointed member. 30 (e) Meetings.--All actions of the advisory council shall be 20070H0483B0540 - 6 -
1 by majority vote of the members or alternates present. A quorum 2 shall be at least one more than half the number of the advisory 3 council members; however, vacancies shall not be counted when 4 calculating the number needed for a quorum. The advisory council 5 shall elect a chairperson from among its members. The advisory 6 council shall meet upon the call of the chairperson, after a 7 mine emergency, or at least annually. 8 Section 7. Interagency coordination. 9 The department shall coordinate the development of the mine 10 families first response and communication plan and the mine 11 families first liaison program with the Pennsylvania Emergency 12 Management Agency to ensure consistency with overall emergency 13 response procedures and protocols. 14 Section 8. Effective date. 15 This act shall take effect immediately. A23L27DMS/20070H0483B0540 - 7 -