Mr. BAILEY. Now, right at that point, apparently the proposals contained in this legislation would secure immediate action to eliminate the imminent danger whereby you lose considerable time in that report's coming to Washington and going back to the operating company; and there is where your trouble happens.

Mr. FORBES. Congressman, I am very happy that you raised that point. You know, our inspection system is only about 8 years old. Starting July 1 of this year, our inspection districts are authorized to send the reports direct from each district to the operating companies, to the miners' organizations, and the States. I think it will save considerable time.

Mr. BAILEY. That will save time and probably remove considerable of the accidents that happen.

Mr. FORBES. No doubt it will do that. I think it will certainly increase the efficiency of getting the reports to their destinations.

To indicate what the Bureau of Mines considers an imminent danger, excerpts from some letters sent to the presidents of coal-mining companies are quoted in the following paragraphs. The roman numerals represent the articles of the Federal Mine Safety Code which are violated.

Article IV: Black blasting powder in pellet form, fired with fuze, was used for blasting coal and rock on shift.

The Bureau believes that the use of black blasting powder in any mine constitutes an imminent danger, the danger becomes all the more acute when open lights and smoking are permitted in the mine.

Article V: The ventilating current was not sufficient in velocity or volume to adequately ventilate the mine. Methane was detected with a permissible flame safety lamp in each working place in the mine, and employees continued to perform their duties. No attempt was made to remove the methane. An air sample collected in No. 2 right room contained 1.92 percent methane by chemical analysis. An air sample collected in the air current immediately returning from the active working contained 1.88 percent methane by chemical analysis.

Mr. BAILEY. What would the content be to cause an explosion? Mr. FORBES. It will have to range between 5 and 15 percent. The lower explosive range of methane in air is 5 percent; the higher is 15 percent. But it will explode. Gas-air mixtures between 5 and 15 percent when there is an ignition source will explode.

It continues:

Methane was also detected with a permissible flame safety lamp in the extensive, unsealed, abandoned workings which were adjacent to the active workings; an air sample collected in the abandoned area contained 2.64 percent methane by chemical analysis. Air from worked out and abandoned areas was used to ventilate active workings.

Any experienced mining man would agree that the condition described in the foregoing paragraph constitutes an imminent danger.

Article VI: Excessive accumulations of coal dust were present along the haulage ways. The mine was dry, and rock dust had not been distributed in any place.

Absence of rock dust or the inadequate application of it so that a coal-dust explosion could propagate is considered an imminent danger. Under H. R. 3023 the inspector would be obliged to order the management to withdraw all men from the mine except those necessary to make the mine safe.

The adoption of H. R. 3023 will not be a cure-all for coal-mine accidents, but it could strengthen the hand of the Federal coal mine inspectors in their efforts to eliminate hazards from coal mines, particularly those mines in which the managements have disregarded safetly recommendations in the past. It should be understood, however, that there are only enough Federal coal-mine inspectors to inspect each coal mine not more than twice a year, and this does not include all the small mines, of which there are a great number.

The proposed amendment in H. R. 3023 would enable the Federal coal-mine inspector to require the correction of any conditions of imminent danger that existed while he is at the mine making his inspection, but it does not provide for the maintenance of hazardfree conditions during the interim between inspections. It is likely that some of the corrections brought about by the inspector would be maintained; but, on the other hand, imminent dangers corrected during an inspection may develop again during the interim between inspections, and accidents will continue to occur as a result, although probably at a lower rate.

It should be understood that enactment into law of the proposed amendment will not give the Federal coal-mine inspectors authority to enforce recommendations other than those covering imminent danger, nor does it require management or labor to correct hazards unless called to their attention by a Federal inspector and then only if the hazards are imminently dangerous.

The proposed amendment in H. R. 3023 would eliminate a situation that now exists in which the inspector has to helplessly walk away from an imminently dangerous condition in many instances because of the lack of authority to require corrective action.

Mr. KELLEY. Mr. Forbes, would you like to rest for a half hour while we answer a roll call?

Mr. FORBES. I am through, Mr. Chairman. I am finished with my statement.

Mr. KELLEY. There might be some questions that the members would like to ask you.

Mr. PERKINS. We can be back in 15 minutes.

Mr. KELLEY. Very well. We will recess for 15 minutes.

(A short recess was taken.)

Mr. KELLEY. The committee will be in order.

Mr. FORBES. There is one thing I would like to do, Mr. Chairman, before concluding my testimony, and that is to introduce in the record a suggested revision of this law as it was revised by the Bureau

of Mines.

Mr. KELLEY. You mean a revision of the present bill that we have here?

Mr. FORBES. Yes, sir.

Mr. KELLEY. That is, the suggestions you have?

Mr. FORBES. Suggestions, that is all. As I understand, this was transmitted by the Secretary of the Interior to the committee of the Senate, and I imagine that probably the same information was conveyed to this committee, but if not, I think it would be well

Mr. KELLEY. It was not.

Mr. FORBES. Then, I think it well that this be introduced into the record, because it is a clarification of the present 3023, and with your permission, I would like to introduce it into the record.

Mr. KELLEY. That may be done.

(The document referred to is as follows:)

A BILL [suggested] To amend the Act of May 7, 1941 (55 Stat. 177; 30 U. S. C., sees. 4f-40), relating to inspections and investigations in coal mines, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of May 7, 1941 (55 Stat. 177; 30 U. S. C., secs. 4f-40), is hereby amended by inserting between sections 6 and 7 thereof a new section to be numbered section 6 (A), reading as follows:

"SEC. 6 (A) Whenever an authorized coal-mine inspector of the Bureau of Mines finds in any coal mine which is subject to inspection under this Act any conditions which in his opinion constitute an imminent and serious danger to employees in the mine, he shall by oral or written order require the operator or his representative to withdraw all employees other than those necessary to correct such unsafe conditions from the unsafe area until such danger is elim inated. Any operator or operator's representative who receives or who has notice of such order of withdrawal, whether oral or written, shall immediately comply with it. The posting of a copy of the order at or near the mine entrance and the delivery of a copy thereof at a mine office on the premises, while the mine is in operation, shall be evidence that the operator and his representative at the mine have notice of the order as of the time of such posting and delivery. After such withdrawal is ordered, the operator or his representative shall not permit any employees other than those necessary to correct such unsafe conditions to remain in or to enter upon the area specified in the order until the unsafe conditions specified in the order have been corrected. A certificate in writing by a coal-mine inspector of the Bureau of Mines or by the Director of the Bureau of Mines or his authorized representative shall be evidence of the correction of the unsafe condition or conditions. Any operator or his representative who willfully fails to obey any such order of withdrawal, or who willfully permits employees other than those necessary to correct such unsafe conditions to remain in or to enter upon the area specified in the order, prior to the correction thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment not exceeding 6 months or both. Nothing in this Act shall be construed or operate to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with this Act or which afford other or further protection to employees in coal mines."

Mr. FORBES. That is all I have.

Mr. KELLEY. Mr. Forbes, I know your testimony will help us a great deal in the consideration of this measure. I know from your vast experience you have an unusual knowledge of this subject. I also know you have done a very fine job. I know of no one more able to talk on mine safety.

Mr. FORBES. Thank you very much, Mr. Kelley. I have spent my life in it. The only purpose we have in the Bureau of Mines is the safety of miners and mine officials and to prevent fatalities and injuries.

Mr. KELLEY. I have known of your work ever since you came with the Bureau in 1915.

Mr. FORBES. I have been there a long time.

Mr. KELLEY. Thank you very much.

(The prepared statement of Mr. Forbes is as follows:)

STATEMENT OF J. J. FORBES, CHIEF, HEALTH AND SAFETY DIVISION, BUREAU OF MINES

My name is J. J. Forbes, Chief, Health and Safety Division, Bureau of Mines, Department of the Interior. I have been in the employ of the Bureau engaged in safety and health work for over 34 years. I worked in coal mines, commencing at an early age, as mine laborer, mining engineer, and mine-safety inspector. I was graduated in mining engineering from Pennsylvania State College in 1911. During my employment in the Bureau I inspected mines and furthered safety

educational work in virtually all of the coal- and metal-mining States of the Nation, participated in recovery work and investigations following many mine disasters which involved heavy loss of life, supervised the field work of the Safety Division for 17 years, assisted with establishment of the coal-mine inspection work and served as its first chief.

The Coal Mine Inspection Branch of the Health and Safety Division, Bureau of Mines, was established to carry out an act of Congress, May 7, 1941, Public Law 49, Seventy-seventh Congress, H. R. 2082. Pnder the provisions in the act the Secretary of the Interior, acting through the Bureau of Mines, is authorized and empowered to make or cause to be made annual or necessary inspections and investigations in coal mines. The object of these inspections is to reduce mine accidents by determining the causes of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines, and making recommendations for their prevention or amelioration. Insofar as Public Law 49 is concerned, compliance with the Federal inspectors' recommendations is not mandatory.

EMPLOYMENT OF PERSONNEL

Coal-mine inspectors and engineers of the Coal-Mine Inspection Branch are selected from the civil-service register.

Applicants for the position of coal-mine inspector must meet the rigid requirements set up by the United States Civil Service Commission before their names can be included in the register. These requirements for the several grades of Federal coal-mine inspector are as follows:

United States Civil Service Commission requirements for Federal coal-mine inspectors

Sample of work.-Applicants must submit with their application a 250-word description of some phase of coal mining, such as a description of the ventilating system, haulage system, or timbering methods used in a mine familiar to the applicant. The description must be prepared by the applicant and he must certify in his own handwriting that he received no assistance in composing it. Applicants who fail to submit this sample of their work, or who submit unsatisfactory samples, will receive no further consideration.

Experience and qualifications of applicants.-Applicants must show, as a minimum, the quality and amount of experience prescribed below unless they substitute education for experience (see "Substitution of Education for Experience," below). To establish eligibility in any grade, at least 1 year of the required experience for that grade must have been acquired during the 5 years immediately preceding the date of filing application. This recency-of-experience requirement will be waived for those applicants whose qualifying experience was interrupted by service in the armed forces of the United States subsequent to May 15, 1940.

CAF-9, $4,479: Six years of progressive experience in practical coal mining, of which at least 2 years must have been specialized experience in coal-mining operations of moderate difficulty, which involved responsibility for providing and applying adequate modern safety and health programs in coal mines in a position of at least the responsibility required of a mine superintendent, mine foreman, mining engineer, or safety inspector. The nature of the experience must have been such as to demonstrate initiative, resourcefulness, and ability to perform important coal mine inspection work under only general supervision. CAF-11, $5,232: Seven years of progressive coal mining experience of which three or more years must have been specialized experience which required supervision of difficult, important and responsible work, subject only to general supervision and review, in a position of at least the responsibility required of a mine superintendent, mine foreman, mining engineer, or safety engineer. The experience must have included the direction, application, and enforcement of modern coal-mine safety and health programs. This experience must also have demonstrated that the applicant has (1) a thorough knowledge of the basic principles applicable to modern programs for promotion of safety and health in coal mines; (2) the resourcefulness, initiative, and ability to perform, direct, and coordinate moderately large scale mine inspection work of considerable difficulty; and (3) administrative ability, tact, and judgment necessary to conduct conferences in promotion of programs for improved safety, health, and working condition in coal mines.

CAF-12, $6,235: Eight years of progressive experience in the various operations necessary in exploration, development, and production in coal mines, in

cluding at least 4 years of very difficult, important, and responsible specialized work which was subject to only general administrative supervision, in a capacity such as direct supervisor. This work must have included full responsibility for direction and application of modern coal-mine safety and health programs. This experience must have demonstrated that the applicant has (1) a thorough knowledge of the basic principles applicable in modern programs for promotion of health and safety in coal mines; (2) the resourcefulness, initiatives, and ability required in a position of at least the responsibility of mine manager, mine superintendent, mining engineer, or safety engineer; (3) the ability to perform, direct, and coordinate large scale mine inspection work of unusual difficulty; and (4) administrative ability of a high order along with the tact and judgment necessary to conduct important conferences with interested parties, such as coalmine operators, labor organizations, and the general public on matters related to safety and health of workers engaged in coal-mining operations.

Provisions of law: Section 9 of the Coal Mine Inspections and Investigations Act under which these positions are established provides:

"That in the selection of persons for appointment as coal-mine inspectors no person shall be so selected unless he has the basic qualification of at least 5 years' practical experience in the mining of coal, and is recognized by the United States Bureau of Mines as having the training or experience of a practical mining engineer in those essentials necessary for competent coal-mine inspection."

The provisions of law quoted above are made a part of the requirements of this examination. Persons whose qualifications are not such as to receive the recognition of the United States Bureau of Mines as required by law cannot be accorded an eligible rating in this examination.

Substitution of education for experience: Successfully completed courses of study in engineering at a college or university of recognized standing may be substituted for part of the required general experience on the basis of 1 year of education for 6 months of experience. Such substitution will be limited to 1 year of required general experience in CAF-9 grade, and to 2 years of required general experience in the CAF-11 and CAF-12 grades.

Ability to drive automobiles: Applicants must give evidence that they can drive an automobile.

Physical ability.-Applicants must be physically capable of performing efficiently the arduous duties of this position. They must be free of such defects or diseases as may constitute employment hazards to themselves, or endanger fellow employees or others. They must be capable of sustained physical exertion for periods of 6 to 8 hours per day under such hazardous conditions as walking over rock falls, steep pitches, adverse atmspheric conditions, and low roof where it is frequently necessary to crawl on the hands and knees. In emergencies following a mine disaster they may be required to work for as long as 2 hours at a time carrying mine rescue apparatus which weighs about 40 pounds. Arms and legs must be sufficiently intact and functioning to permit the applicant to perform the duties described above. Vision must be at least 20/50 Snellen in one eye and 20/70 in the other without glasses. The ability to distinguish basic colors is essential. Hearing, with or without a hearing aid, must be sufficiently acute to enable the applicant to hear ordinary conversation at 20 feet. These standards must be met by all applicants; however, certain requirements may be waived for veterans who can demonstrate ability to perform the duties efficiently and with safety.

In view of the strenuous physical exertion required in this position, hernia (whether or not supported by truss), organic heart disease (whether or not compensated), varicose veins (unless slight), serious deformities or disabilities of extremities (including weak feet), mental or nervous disease, chronic respiratory or chronic constitutional disease or other physical defect which would cause the applicant to be a hazard to himself, or to others, or which would prevent efficient performance of the duties of the position, will disqualify him for appointment.

Applicants will be required to submit a certificate of physical examination made by a doctor designated by the United States Civil Service Commission. The personnel officer has authority to approve medical certificates, but rejection of such certificates may be done only by physicians of the United States Civil Service Commission. Persons who are offered appointment must pay their own expenses in reporting for duty.

Citizenship.-Applicants must be citizens of or owe allegiance to the United States. Applicants must not have passed their forty-eighth birthday on the date