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E3325
1977a

COMMITTEE ON EDUCATION AND LABOR

CARL D. PERKINS, Kentucky, Chairman

FRANK THOMPSON, JR., New Jersey
JOHN H. DENT, Pennsylvania
JOHN BRADEMAS, Indiana
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
MICHAEL T. BLOUIN, Iowa
ROBERT J. CORNELL, Wisconsin
PAUL SIMON, Illinois

EDWARD P. BEARD, Rhode Island
LEO C. ZEFERETTI, New York
GEORGE MILLER, California
RONALD M. MOTTL, Ohio

MICHAEL O. MYERS, Pennsylvania
AUSTIN J. MURPHY, Pennsylvania

JOSEPH A. LE FANTE, New Jersey

TED WEISS, New York

CEC HEFTEL, Hawaii

BALTASAR CORRADA, Puerto Rico

DALE E. KILDEE, Michigan

ALBERT H. QUIE, Minnesota
JOHN M. ASHBROOK, Ohio
JOHN N. ERLENBORN, Illinois
RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
JAMES M. JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvania

BUD SHUSTER, Pennsylvania
SHIRLEY N. PETTIS, California
CARL D. PURSELL, Michigan
MICKEY EDWARDS, Oklahoma

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CONTENTS

Andrus, Cecil D., Secretary, Department of the Interior -

Baier, Edward J., Deputy Director, National Institute for Occupa-

tional Safety and Health, Center for Disease Control, Department

of Health, Education, and Welfare; also James A. Merchant and

Earle P. Shoub.......

Barrett, Robert, Administrator, Mining Enforcement Safety Admin-
istration..

Casteel, Laurence, division manager, St. Joe Minerals Corp...
Crolius, Newell T., director, Loss and Accident Prevention Service of
the Harry T. Campbell's Sons-representing the National Crushed
Stone Association; accompanied by Carl R. Metzgar, group safety
manager, Lone Star Industries, Stamford, Conn.; J. Milton, Dur-
ham, group safety administrator, Martin Marietta Aggregates;
and Robert C. Hollenbach, National Crushed Stone Association,
and vice president, governmental and public affairs..

Delling, David R., resident manager, Stauffer Chemical Co., Green

River, Wyo..

323

246

132

471

McDowell, Cloyd, president, National Independent Coal Operators'
Association__

McKee, Fank, director, District 38, United Steelworkers of America;
accompanied by Jack Sheehan, legislative director, and Marco
Vestich..

Miechur, Thomas F., president, United Cement, Lime and Gypsum
Workers' International Union; accompanied by Donald Spatz,
director of research and education, director of United Cement,
Lime and Gypsum Workers' International Union...
Miner, Gordon, vice president, Hecla Mining Co..

Oberstar, Hon. James, a Representative in Congress from the State
of Minnesota__

Packer, Arnold H., Assistant Secretary for Policy Evaluation and
Research, U.S. Department of Labor; accompanied by Carin Ann
Clauss, solicitor; and Robert Lagather, deputy solicitor..
Price, Herbert S., mine superintendent, Texasgulf.
Samuels, Sheldon, director, Industrial Union Department, AFL-CIO.
Seitz, Paul W., president, May Stone and Sand, Inc.; representing
National Limestone Institute, Inc.; accompanied by Clair F. Martig,
president, The France Stone Co., Toledo, Ohio, and chairman,
board of National Limestone Institute; Gary W. Donnelly, vice
president, National Limestone Institute; and Robert M. Koch,
president, Limestone Institute_____

Swent, Langan, vice president-engineering, Homestake Mining Co.-

187

88

244

79

307

514

421

106

250

Prepared statements, letters, supplemental materials, et cetera

Andrus, Cecil D., Secretary, Department of the Interior, letter to
Chairman Perkins with enclosures, dated April 1, 1977___

Barrett, Robert E., administrator, Mining Enforcement Safety
Administration:

Prepared testimony of___

Charts, "Accident Experience 1970-76".
Charts, "Enforcement Activities 1970-76".
Charts, "Management Initiatives-1976".
Charts, "Collection of Penalties 1970-76".
Charts, "Enforcement Activities 1971-76".

Page

382

324

339

340

341

342

343

Charts, "Accident Experience 1970-76".

344

Charts, "Strong Points of S. 717 (H.R. 4287)”.

345

Charts, "Mining Industry Employment 1970–76”.

346

Injury experience at all coal mines in the United States, 1967–76
(table)

362

Coal mines in the United States, 1967-76 (table).
Production in the coal mining industry, 1967-76 (table).

363

363

Number of inspectors and inspections in coal mines, 1967-76
(table) --

364

Major disasters at coal mines in the United States, 1967-76
(table)___

365

Injury experience and employment in metal and nonmetal mines
and mills in the United States, 1967-76 (table).

366

Injury experience and employment in surface metal and non-
metal mines in the United States, 1967-76 (table).
Number of metal and nonmetal mines and mills, 1967-76
(table) _

368

370

Federal inspection activity, metal and nonmetal mines and mills,
1970-76 (table).

371

Major disasters (a single accident which results in the death of five
or more men) which occurred in metal and nonmetal mines
and mills during the period, 1967-76 (table) – .
Letter of memorandum to Assistant Secretary-Energy and
Minerals, dated April 28, 1977.

371

379

Casteel, Laurence, division manager, St. Joe Minerals Corp., on behalf of the American Mining Congress, testimony of...

212

Crolius, Newell T., director, Loss and Accident Prevention Services
of the Harry T. Campbell's Sons-representing the National Crushed
Stone Association:

Testimony of the National Crushed Stone Association__.
Summary of comments concerning H.R. 4287_.

133

144

Federal Metal and Nonmetallic Mine Safety Act, proposed
changes.

155

Policy statement on H.R. 4287/S. 717..

162, 542

Curtis, John L., chairman of the Safety Committee, National Sand
& Gravel Association, statement by..

543

457

DeRohers, Ed, U.S. Gypsum Co., attached material.
Kvidahl, Rod, resident manager, FMC Corp. Trona Mine & Process-
ing Plants, Green River, Wyo., comment paper on H.R. 4287.
McCabe, Edward A., Hamel, Park, McCabe & Saunders, on behalf
of the American Mining Congress, testimony of

Miner, Gordon M., vice president-operations, Hecla Mining Co., on
behalf of the American Mining Congress, testimony of
National Crushed Stone Association, Safety and Health Committee,
summary of comments concerning H.R. 4287---

Oberstar, Hon. James, a Representative in Congress from the State
of Minnesota, prepared statement of..
Overton, Allen J., Jr., president of American Mining Congress, Wash-
ington, D.C.; letter to Chairman Gaydos, dated April 14, 1977,
enclosing correspondence on section-by-section comments to H.R.

4287..

Penfield, William E., chairman of the Safety and Health Committee of
the National Industrial Sand Association, statement by---.
Seitz, Paul W., president, May Stone & Sand Co., letter to Chair-
man Gaydos, dated April 5, 1977, enclosing information requested.
Swent, Langan, vice president-engineering, Homestake Mining Co., on
behalf of the American Mining Congress:

494

235

218

525

79

272

554

125

Testimony of ___.

226

Disabling injuries and injury frequency and severity rates under
Federal Metal and Nonmetallic Mine Safety Act (table)---.‒‒‒

256

THE FEDERAL MINE SAFETY AND HEALTH ACT

OF 1977

MONDAY, MARCH 21, 1977

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COMPENSATION, HEALTH AND SAFETY,

COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:10 a.m., in room 2261, Rayburn House Office Building, the Honorable Joseph M. Gaydos presiding.

Members present: Representatives Gaydos, Miller, Myers, and Sarasin.

Staff present: Bernard A. Mandella, staff director; Paul F. Dwyer, majority counsel; and Edith Baum, minority labor counsel.

Mr. GAYDOS [presiding]. The Subcommittee on Compensation, Health and Safety will be in order, for the purpose of hearing witnesses relating to H.R. 4287 and other related bills.

This morning, this subcommittee begins a series of hearings on mine safety and health.

In the 94th Congress, the House passed a mine safety and health bill, H.R. 13555. The primary purpose of the bill was twofold: One, to upgrade the protection afforded miners by the Federal Metal and Non-metallic Mine Safety Act of 1966; and to transfer the enforcement functions of the Mine Enforcement and Safety Administration from the Department of the Interior to the Department of Labor.

On March 2 of this year, I introduced H.R. 4287, along with Congressman John Dent, chairman of the Subcommittee on Labor Standards. This bill would retain the transfer provision of H.R. 13555, as passed last year, and would repeal the 1966 Metal and Non-metallic Act. In addition, it would amend the Federal Coal Mine Health and Safety Act by upgrading the protections for metal and non-metal miners and by extending coverage to all miners, both in coal and noncoal mines.

Therefore, the passage of H.R. 4287 would mean that there would be one mine safety and health law applicable to all miners in both coal and noncoal industries.

Mr. Sarasin, do you have a statement?

Mr. SARASIN. No, sir.

[Text of H.R. 4287 follows:]

(1)

95TH CONGRESS 1ST SESSION

H. R. 4287

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1977

Mr. GAYDOS (for himself and Mr. DENT) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Federal Mine Safety and

4 Health Amendments Act of 1977".

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