S 2127 ISCommentsClose CommentsPermalink

To provide assistance to families of miners involved in mining accidents.CommentsClose CommentsPermalink

October 2, 2007

Mrs. MURRAY introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To provide assistance to families of miners involved in mining accidents.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mine Disaster Family Assistance Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. ASSISTANCE BY THE FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION TO FAMILIES OF MINERS INVOLVED IN MINING ACCIDENTS.

Section 7 of the MINER Act (30 U.S.C. 801 note) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 7. MINE DISASTER FAMILY ASSISTANCE.

`(a) Assistance by the Federal Mine Safety and Health Administration to Families of Miners Involved in Mining Accidents-CommentsClose CommentsPermalink





`(1) IN GENERAL- As soon as practicable after being notified of a mining accident within the United States involving a mine operator and resulting in the initiation of a mine emergency response by the Mine Safety and Health Administration, the Assistant Secretary of Labor for Mine Safety and Health shall--CommentsClose CommentsPermalink





`(A) designate and publicize the name and phone number of a director of family support services who shall--CommentsClose CommentsPermalink





`(i) be an employee of the Mine Safety and Health Administration;CommentsClose CommentsPermalink





`(ii) be responsible for acting as a point of contact within the Federal Government for the families of miners involved in the accident and a liaison between the mine operator and the families; andCommentsClose CommentsPermalink





`(iii) be part of any such mine emergency response and, after consultation with the Assistant Secretary, determine the appropriate level of response concerning family support services as authorized under this Act; andCommentsClose CommentsPermalink





`(B) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of miners involved in the accident.CommentsClose CommentsPermalink





`(2) RESPONSIBILITIES OF THE MINE SAFETY AND HEALTH ADMINISTRATION- The Mine Safety and Health Administration shall have primary Federal responsibility for facilitating the rescue and recovery of injured miners involved in an accident described in paragraph (1). In the case of such an accident, the Administration shall serve as the primary communicator with the operator, miners' families, the press, and the public.CommentsClose CommentsPermalink





`(3) RESPONSIBILITIES OF DESIGNATED ORGANIZATION- The organization designated for an accident under paragraph (1)(B) shall have the following responsibilities with respect to the families of miners involved in the accident:CommentsClose CommentsPermalink





`(A) To provide mental health and counseling services, in coordination with the disaster response team of the mine operator involved.CommentsClose CommentsPermalink





`(B) To take such actions as may be necessary to provide an environment in which the families may gather and grieve in private.CommentsClose CommentsPermalink





`(C) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under paragraph (1)(A), determines that further assistance is no longer needed.CommentsClose CommentsPermalink





`(D) To communicate with the families as to the roles of the organization, government agencies, and the mine operator involved with respect to the accident and the post-accident activities.CommentsClose CommentsPermalink





`(E) In cases where miners are fatally injured, to arrange a suitable memorial service, in consultation with the families.CommentsClose CommentsPermalink





`(4) MINER LISTS-CommentsClose CommentsPermalink





`(A) REQUESTS FOR MINER LISTS-CommentsClose CommentsPermalink





`(i) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES- In consultation with the lead Mine Safety and Health Administration official designated for an accident and the mine operator, the director of family support services designated for an accident under paragraph (1)(A) shall receive, as soon as practicable, a list, which is based on the best available information at the time of the request, of the names of the miners that were involved in the mining accident.CommentsClose CommentsPermalink





`(ii) REQUESTS BY DESIGNATED ORGANIZATION- The organization designated for an accident under paragraph (1)(B) may request from the mine operator involved in the accident a list described in clause (i).CommentsClose CommentsPermalink





`(B) USE OF INFORMATION- The director of family support services and the organization may not release to any person information on a list obtained under subparagraph (A) but may provide information on the list about a miner to the family of the miner to the extent that the director of family support services or the organization considers appropriate.CommentsClose CommentsPermalink





`(5) CONTINUING RESPONSIBILITIES OF THE MINE SAFETY AND HEALTH ADMINISTRATION- In the course of its rescue effort and investigation of an accident described in paragraph (1), the Mine Safety and Health Administration shall, to the maximum extent practicable, ensure that the families of miners involved in the accident--CommentsClose CommentsPermalink





`(A) are briefed, prior to any public briefing, about the accident, its causes, the rescue effort, its progress, and any other findings from the investigation; andCommentsClose CommentsPermalink





`(B) are individually informed of and allowed to attend any public hearings and public meetings of the Mine Safety and Health Administration about the accident.CommentsClose CommentsPermalink





`(6) USE OF MINE OPERATOR RESOURCES- To the extent practicable, the organization designated for an accident under paragraph (1)(B) shall coordinate its activities with the mine operator involved in the accident so that the resources of the mine operator can be used to the greatest extent possible to carry out the organization's responsibilities under this subsection.CommentsClose CommentsPermalink





`(7) PROHIBITED ACTIONS-CommentsClose CommentsPermalink





`(A) ACTIONS TO IMPEDE THE MINE SAFETY AND HEALTH ADMINISTRATION- No person (including a State or political subdivision) may impede the ability of the Mine Safety and Health Administration (including the director of family support services designated for an accident under paragraph (1)(A)), or an organization designated for an accident under paragraph (1)(B), to carry out its responsibilities under this subsection or the ability of the families of miners involved in the accident to have contact with one another.CommentsClose CommentsPermalink





`(B) UNSOLICITED COMMUNICATIONS- In the event of an accident involving any mine operator in the United States, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney, including any associate, agent, employee, or other representative of an attorney, or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.CommentsClose CommentsPermalink





`(C) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING SERVICES- No State or political subdivision of a State may prevent the employees, agents, or volunteers of an organization designated for an accident under paragraph (1)(B) from providing mental health and counseling services under paragraph (3)(A) in the 45 day period beginning on the date of the accident. The director of family support services designated for the accident under paragraph (1)(A) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if the State and local authorities are notified of the determination.CommentsClose CommentsPermalink





`(8) STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed as limiting the actions that a mine operator may take or the obligations that an operation may have, in providing assistance to miners involved in a mining accident.CommentsClose CommentsPermalink





`(b) Mine Operator Plans To Address Needs of Families of Miners Involved in Mining Accidents-CommentsClose CommentsPermalink





`(1) SUBMISSION OF PLANS- Not later than 6 months after the date of the enactment of the Mine Disaster Family Assistance Act of 2007, each operator of a mine that is subject to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), shall submit to the Secretary a plan for addressing the needs of the families of miners involved in any mining accident involving a mine of the operator and resulting in the initiation of a mine emergency response by the Mine Safety and Health Administration.CommentsClose CommentsPermalink





`(2) CONTENTS OF PLANS- A plan to be submitted by a mine operator under paragraph (1) shall include, at a minimum, the following:CommentsClose CommentsPermalink





`(A) A plan for establishing and publicizing a reliable, toll-free telephone number, and for providing appropriately trained staff, to handle calls from the families of the miners.CommentsClose CommentsPermalink





`(B) A process for notifying the families of the miners, before providing any public notice of the names of the miners, either by utilizing the services of the organization designated for the accident under subsection (a)(1)(B) or the services of other suitably trained individuals.CommentsClose CommentsPermalink





`(C) An assurance that the notice described in subparagraph (B) will be provided to the family of a miner as soon as the mine operator has verified that the miner was involved in an accident (whether or not the names of all of the miners have been verified) and, to the extent practicable, in person.CommentsClose CommentsPermalink





`(D) An assurance that the mine operator will provide to the director of family support services designated for the accident under subsection (a)(1)(A), and to the organization designated for the accident under subsection (a)(1)(B), immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the miners, involved in the accident whether or not such names have been verified), and will periodically update the list.CommentsClose CommentsPermalink





`(E) An assurance that the family of each miner will be consulted about the disposition of all remains and personal effects of the miner within the control of the mine operator.CommentsClose CommentsPermalink





`(F) An assurance that if requested by the family of a miner, any possession of the miner within the control of the mine operator (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.CommentsClose CommentsPermalink





`(G) An assurance that the family of each miner will be consulted about construction by the mine operator of any monument to the miners, including any inscription on the monument.CommentsClose CommentsPermalink





`(H) An assurance that the mine operator will work with any organization designated under subsection (a)(1)(B) on an ongoing basis to ensure that families of miners receive an appropriate level of services and assistance following each accident.CommentsClose CommentsPermalink





`(I) An assurance that the mine operator will provide reasonable compensation to any organization designated under subsection (a)(1)(B) for services provided by the organization.CommentsClose CommentsPermalink





`(J) An assurance that the mine operator will assist the family of a miner in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.CommentsClose CommentsPermalink





`(K) An assurance that the mine operator will commit sufficient resources to carry out the plan.CommentsClose CommentsPermalink





`(L) An assurance that the mine operator will provide adequate training to the employees and agents of the mine operator to meet the needs of survivors and family members following a mining accident.CommentsClose CommentsPermalink





`(M) An assurance that, in the case of an accident in which the Mine Safety and Health Administration conducts a public hearing, briefing, or comparable proceeding the mine operator, in consultation with the Mine Safety and Health Administration, will ensure that the proceeding is made available simultaneously by electronic means at a location open to public in the city where the accident occurred.CommentsClose CommentsPermalink





`(3) CERTIFICATE REQUIREMENT- After the date that is 6 months after the date of the enactment of the Mine Disaster Family Assistance Act of 2007, the Secretary may not approve any plan or any modification of a plan that is required by law to be submitted to the Mine Safety and Health Administration for any mine, including emergency response plans, roof control plans, ventilation plans, training plans, respirable dust control plans, shaft and slope sinking plans, and petitions for modifications, unless the applicant has included as part of such a request a plan that meets the requirements of paragraph (2) or has such a plan previously approved by the Secretary on file with such Administration.CommentsClose CommentsPermalink





`(4) LIMITATION ON LIABILITY- A mine operator shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the operator in preparing or providing a miner list pursuant to a plan submitted by the mine operator under paragraph (2), unless such liability was caused by conduct of the operator which was grossly negligent or which constituted intentional misconduct.CommentsClose CommentsPermalink





`(5) STATUTORY CONSTRUCTION- Nothing in this section shall be construed as limiting the actions that a mine operator may take or the obligations that an operation may have, in providing assistance to miners involved in a mining accident.CommentsClose CommentsPermalink





`(c) Establishment of Task Force-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- The Secretary, in cooperation with the Bureau of Land Management, the Federal Emergency Management Agency, the American Red Cross, mine operators (including operators of smaller mines), and families which have been involved in mining accidents shall establish a task force consisting of representatives of such entities and families, representatives of miners, and representatives of such other entities as the Secretary determines appropriate.CommentsClose CommentsPermalink





`(2) GUIDELINES AND RECOMMENDATIONS- The task force established pursuant to paragraph (1) shall develop--CommentsClose CommentsPermalink





`(A) guidelines to assist mine operators in responding to mining accidents;CommentsClose CommentsPermalink





`(B) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude during the rescue and recovery efforts on the privacy of families of miners involved in a mining accident;CommentsClose CommentsPermalink





`(C) recommendations on methods to ensure that the families of miners involved in a mining accident who are not citizens of the United States receive appropriate assistance;CommentsClose CommentsPermalink





`(D) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of a mining accident or other related sites;CommentsClose CommentsPermalink





`(E) recommendations on methods to improve the timeliness of the notification provided by mine operators to the families of miners involved in a mining accident, including the steps that operators would have to take to ensure that an accurate list of miners potentially involved in an accident would be available within 1 hour of the accident; andCommentsClose CommentsPermalink





`(F) recommendations on the appropriate role for families of miners in any official Mine Safety and Health Administration investigation, including the appropriate level of access to information used to develop the final report.CommentsClose CommentsPermalink





`(3) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the model plan and recommendations developed by the task force under paragraph (2).CommentsClose CommentsPermalink





`(d) Definitions- In this section:CommentsClose CommentsPermalink





`(1) MINER- The term `miner' means any individual working in a coal or other mine, as defined in the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).CommentsClose CommentsPermalink





`(2) MINING ACCIDENT- The term `mining accident' means any mine disaster, regardless of its cause or suspected cause that results in the initiation of a mine emergency response by the Mine Safety and Health Administration.CommentsClose CommentsPermalink





`(3) OPERATOR- The term `operator' means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such time, as defined in the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).CommentsClose CommentsPermalink





`(4) SECRETARY- The term `Secretary' means the Secretary of Labor.'.CommentsClose CommentsPermalink