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Mr. MOHNEY. For example, in 1946, 25.2 percent of the total production was strip-mined, but that phase of the industry had only 4.6 percent of the fatalities. This is correspondingly true for each of the 10 years noted. Were strip mining to possess the same dangers as deep mining, should not these percentages be equal or very near thereto?

Similarly, in comparing fatals per million tons produced and production per fatal, the strip-mining phase has clearly a better record. The graphs on the following pages illustrate this point. Graph I shows the downward trend in fatals per million tons produced in both the strip and deep mines for the years 1941 to 1950 and also illustrates the greatly decreased number of fatals per million tons in the strip-mining industry. Graph II shows a correspondingly upward trend in production per fatal in each phase of the industry. Regardless of how we compare these two phases of the coal industry, the safety record of the strip mine is consistently better than that of the deep mine.

(The graphs referred to appear on p. 351.)

Mr. MOHNEY. If we were to look at this graph, for example, in 1946 we had almost 8,000,000 tons of coal produced for each fatal accident. In 1950 we dropped a little bit, but we had over 4,000,000 tons of coal produced for each fatal accident.

If we were to make a study of the case histories of some of the fatals occurring in a strip mine, we would find that they take no general pattern as a large portion of the reports of those fatals finds the individual responsible for his own death. In most cases the fatalities are single ones. In only one or two cases has there been more than one fatality caused by the same hazard. One in particular about which I am thinking occurred in 1947. In that accident the gas tank on a power shovel exploded killing four men in the explosion and resulting fire. This is the only incident in a strip pit in Pennsylvania approaching a major disaster as classified by the Bureau of Mines.

This study of the fatals and how they have occurred shows further differences between strip and deep mines, added substantiation to our argument that strip mines are quarrying operations having the same occupational hazards and, in all probability, corresponding accident and fatality rates.

In concluding and briefly summarizing this statement, my appearance here has been to present the thoughts and views of the members of the Mineral Producers' Association on mine-safety legislation. We are generally opposed to legislation of the nature of H. R. 268, for reasons expressed by spokesmen for other segments of the coal industry and because we feel that there will be conflicting police

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power between the State and Federal Governments. Too, it is our belief that the present mine-safety law in Pennsylvania is adequate, with there being no guaranty that the safety record of the coal industry can be improved by giving the Federal Government police power over the coal mines. Should Congress decide to pass such legislation as this, we feel that, because of the nature of strip mining, its being a quarrying operation rather than one of mining, it should not be drafted so as to include the bituminous coal open-pit mining industry.

Mr. KELLEY. Any questions? Mr. Lucas?

Mr. LUCAS. Mr. Mohney, while my colleague from Pennsylvania, Mr. McConnell, was discussing this subject with Mr. Stewart, he developed that probably the only phase of your operations which might be classified as dangerous and perhaps come under the description in the statute or under the interpretation of the statute as imminent danger would be the use of blasting powder. I meant to ask Mr. Stewart this question, and I will ask you. Is the use of explosives in your industry regulated by Pennsylvania law?

Mr. MOHNEY. I am sorry, I couldn't answer that question. I believe it is, sir. I can't give you any definite particulars regarding the law to regulate that.

Mr. LUCAS. Do you know whether or not Pennsylvania has any general statute regulating the use of dynamite and TNT and nitroglycerine?

Mr. MOHNEY. I am sure they do, but I could not give you the definite provisions of the law, sir.

Mr. LUCAS. With the chairman's permission, I would like to ask Mr. Stewart that question.

Mr. STEWART. With the permission of the chairman, Mr. Wallin, the president of our association, is an operator himself and is familiar with these laws and can answer that question with authority.

Mr. LUCAS. Mr. Wallin, come up, please, and identify yourself for the reporter. I think this is important.

Mr. WALLIN. I am J. H. Wallin, president of the Central Pennsylvania Open Pit Mining Association.

Mr. LUCAS. Now may I put my question to you, sir? Is there any regulation of the use of explosives in your industry by the State of Pennsylvania?

Mr. WALLIN. There is.

Mr. LUCAS. Does it apply only to your industry or does it apply generally to the use of explosives by any citizen in Pennsylvania or anyone within the State of Pennsylvania?

Mr. WALLIN. It applies to the general use of explosives in any kind of quarrying operation. I might add that the shooting of the overburden in our industry is done by experts. In other words, the large powder companies have men who are specialists, one of whose duties is to go around to the mines and shoot the overburden. That is the only place, really, that we use powder. There is one exception, that we do shoot some coal sometimes. That is done by local men. But that is all regulated by State law.

Mr. LUCAS. May I inquire, Mr. Wallin, if you have ever had an accident with the use of powder in your operations?

Mr. WALLIN. Not in my operations, no, sir.

Mr. Lucas. Mr. Mohney, do you know of any fatality or accident with the use of explosives in your industry?

Mr. MOHNEY, No, sir, I don't. I have here the Safety Sentinel, which is the publication of the Pennsylvania State Department of Mines, which outlines the fatalities occurring in the mines of Pennsylvania for the past 2 years. In 1950 we had six fatalities, and in 1951 we had six fatalities.

Mr. LUCAS. I am addressing myself to the imminent danger of the use of powder or explosives in your industry, and you do not know whether there has been a fatality of that type?

Mr. MOHNEY. I do not know. I was trying to bring out that in the past 2 years there is no record of any fatalities from the use of explosives. Most of these accidents have been by some other method. Mr. LUCAS, I think that is all.

Mr. KELLEY. Mr. Tackett?

Mr. TACKETT. I gather that you gentlemen engaged in strip mining are contending that you should not be classified under the general laws governing coal operators, but as quarries of any kind of minerals.

Mr. MOHNEY. That is our contention, sir, because the same material in your region, bauxite, I believe, and phosphate, is produced in a similar manner. They strip off that which overlies the seam and then load the coal or the bauxite or phosphate. We feel that it is a quarrying operation.

Mr. TACKETT. There are not any of these nine imminent danger items which Mr. McConnell has listed and has been reading to various witnesses to determine whether or not those are all of them, that apply to strip mining; is that correct?

Mr. MOHNEY. The fifth one mentioned there, explosives, possibly could occur. To the best of my knowledge, it hasn't happened in recent years. It could occur, though.

Mr. TACKETT. Would you be able to determine for the benefit of this committee whether or not every State that produces coal does have regulations equal to that of the Federal Bureau of Mines relative to the use of explosives in strip mining and other quarrying?

Mr. MOHNEY. I couldn't tell you now, sir, but I imagine that information could be found.

Mr. TRACKETT. I know we do have such in our State, but of course we have a lot of strip mines there in bauxite and phosphorus, and we have a lot of strip mining in coal operations.

That is all.

Mr. KELLEY. The strip mines, however, are regulated under the Pennsylvania Bituminous Coal Act.

Mr. MOHNEY. Yes, sir.

Mr. KELLEY. That is all. Mr. McConnell?

Mr. McCONNELL. I have no questions.

Mr. KELLEY. Counsel?

Mr. FORSYTHE. You spoke of a good bit of the coal from these strip mines being sold right at the pit.

Mr. MOHNEY. Yes, sir.

Mr. FORSYTHE. In the first place, how much tonnage does the group that you represent produce?

Mr. MOHNEY. The group I represent puts out approximately 30 percent of its annual production in Pennsylvania by this method. I would say about 6,000,000 tons.

Mr. FORSYTHE. Do you have a rough idea of what group of purchasers you sell to?

Mr. MOHNEY. For the entire group I could not say.

Mr. FORSYTHE. Could you break it down?

Mr. MOHNEY. For the small ones, they may sell for the domestic market in the home; they may sell to electric utility companies in the immediate area. A lot in our immediate area is shipped to the lakes, to be sent into Canada, which would be in interstate commerce. Mr. FORSYTHE. You spoke of a good bit of it being sold locally and therefore not in interstate commerce. I was trying to follow that

a little bit further.

That is all, Mr. Chairman.

Mr. GRAHAM. Mr. Lucas, I was reading this list of disasters that have occurred, and I see that in 1941 there was one at Du Quoin, Ill., in which seven were killed as a result of explosives, and that is the only one that I see listed here in which there was a major disaster in a strip mine since 1909.

Mr. LUCAS. Do you know whether or not the State of Illinois regulates the use of explosives?

Mr. GRAHAM. No.

Mr. KELLEY. The committee will recess until tomorrow morning at 10 o'clock, when we will reconvene in the caucus room in this building.

(Whereupon, at 7 p. m. the subcommittee recessed until 10 a. m. the following day.)

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