*Employees who work under the tipple or other places on the surface where falling objects may cause injury and all employees who work underground should wear protective hats.

Section 7b.-*Most of the employees, both on the surface and underground, did not wear protective footwear.

*Protective footwear should be worn by all persons where falling objects may cause injury.

Section 7c.-*Most of the employees did not wear goggles when doing work hazardous to the eyes.

*Approved-type goggles should be worn by all employees where there is a hazard from flying particles.

HAZARDS NOT COVERED SPECIFICALLY IN THE FEDERAL MINE SAFETY CODE

The following additional recommendations are made in accordance with provisions in the Coal-Mine Inspection and Investigation Act of 1941, Public Law 49; they supplement the Federal Mine Safety Code, and compliance with them is considered necessary for the safe operation of this mine.

MISCELLANEOUS

Carbide lamps were used by most of the employees for portable illumination underground.

Only permissible electric cap lamps should be used for portable illumination underground.

Smoking was practiced underground.

Smoking and carrying matches or other flame-making devices should not be permitted underground.

SAFETY IMPROVEMENTS COMPLETED THIS INSPECTION

1. The accumulations of coal dust in the switch boxes and on the floors and ledges in the tipple were removed (art. I, sec. 1b).

2. The drive belts of the main fan, forge blower, and band saw were guarded (art. IX, sec. 2a3).

3. The grinding wheel in the repair shop was equipped with a retaining hood (art. IX, sec. 2d2).

SAFETY IMPROVEMENTS COMPLETED BETWEEN INSPECTIONS

1. A safe dispenser was provided to replace the glass bottle in which safetylamp fuel had been stored (art. I, sec. 2a).

2. A systematic method of timbering was adopted (art. III, sec. 1a).

3. The area surrounding the fan was cleared of weeds and brush (art. V, sec. 1e).

4. Abandoned areas were ventilated (art. V, sec. 9b).

5. The surface incline was provided with a derail (art. VII, sec. 6k).

6. The hand-held electric drill and the forge blower in the blacksmith shop were frame-grounded (art. VIII, sec. 5b).

7. Employees engaged in haulage operations wore snug-fitting clothing (art. XI, sec. 7c).

ACKNOWLEDGEMENT

The cooperation of officials and employees during this inspection is gratefully acknowledged.

The prevention of accidents requires cooperation between officials and employees, and such cooperation can only be attained when facts concerning hazards are known. It is hoped that the facts in this report, therefore, will help in preventing accidents at this mine.

Respectfully submitted.

J. T. CALLAHAN,
Coal-Mine Inspector.
R. J. KIRK,
Coal-Mine Inspector.
F. E. HUGHES,
Coal-Mine Inspector.

Analyses of air samples

[Mine: Sterling. Company: John M. Hirst (operator). Collected: March 1949. (Collected by: F. E. Hughes]

(Another report appears at p. 450 of the record.)

Mr. KELLEY. Mr. Sisk.

TESTIMONY OF A. D. SISK, CHIEF, KENTUCKY DEPARTMENT OF MINES AND MINERALS

Mr. SISK. My name is A. D. Sisk. I am chief of the Department of Mines and Minerals, Commonwealth of Kentucky. I was appointed to this office by Gov. Earl C. Clements on June 12, 1948.

Prior to my appointment as chief of the Department of Mines and Minerals of Kentucky, I had been directly connected with coal mining for the past 30 years. I have been a common laborer both inside and outside of the mines as a bratticeman, track layer, motorman, fire boss, and mine foreman, and I feel that I am quite familiar with the problems of safety-both as a workman and as a supervisor.

In addition, all of my adult life-or the past 20 years-has been devoted entirely to mine safety, as superintendent of mine rescue stations, mine inspector, safety engineer, and as an instructor in the Mayo State Vocational School. You might say that all of my life's work and thinking have been devoted to the cause of saving human life in the coal mines.

There is little I would not do in the furtherance of the cause of safety. I have rescued and helped to rescue workmen or miners under practically all conditions of accidents caused by slate falls, haulage, mine fires, and recovery work after explosions and disasters; and I believe I am fully aware of the dangers inherent in mining and in the human equation, and the latter is, in my humble opinion, the greatest factor in mine accidents.

We can only accomplish greater safety in our mines with more safety education-not by legislation. For that reason, principally, I am here to oppose the passage of any bill which would confer upon the United States Bureau of Mines the power to regulate and control the coal mines of my State, and our country.

The United States Bureau of Mines has been and still is a most potent factor in mine safety. It is the last word, or you might say the "supreme court" of safety thinking. The Bureau is continuously engaged in carrying out numerous experiments to this end in blasting, haulage, roof control-education. They approve or disapprove all equipment and materials and machinery used in and about the mines. No one in the mining industry questions their "know-how"

or their right to approve or disapprove a method of work, or the safety of equipment. Their conclusions have always been based on facts which are the result of long and tedious experimentation.

In addition to this, would it seem proper to make them "policemen" both to make plans and force their compliance? Is this not contrary to our form of Government? We have the legislative, judicial, and executive branches of our Government to take care of this. In my humble opinion, the United States Bureau of Mines would lose prestige. It would not still be looked upon as the high tribunal of coalmine safety, but would be cheapened and be torn by the controversial issues arising from the enforcement problem. I personelly, and all the State mine departments would feel that we had been "kicked downstairs."

Facts and figures of the United States Bureau of Mines show conclusively that coal safety has made more progress in the last 30 years, and particularly since the thirties, than ever before. The industry and the State Mine departments are on their toes; this cannot be questioned. In the past 30 years the fatality rate has dropped from over 5 per million tons mined to slightly over 1. It is unquestionable that the age of mechanization which we are now entering will make mining less hazardous. The cooperation between the United States Bureau of Mines and the State mining departments has always been of the highest type. Why disturb a situation or condition that is getting such good results and has such high hopes for the future in the saving of human lives?

I am opposed to this legislation or any legislation that will vest authority in the Federal Bureau of Mines to police our local mines in my own State of Kentucky, because:

1. I am against the centralization of control of our coal mines, because dictatorial power and control would be placed in the hands of one man, who could misuse this power to the disadvantage of our country, our State, and the industry.

2. In my opinion it would be a clear violation of State rights.

3. I do not believe that a single standard or set of rules can be made to fit all States and their respective mining conditions.

4. We would be given inspectors whose training, experience, and sympathy would be foreign to our State.

5. It would be a duplication of services now rendered by Kentucky and the divided authority would surely result in confusion and misunderstanding.

6. I oppose this measure because of singling out the mining industry to be controlled by a Federal bureau when no other industry has such

control.

7. The cost of our Government to police the coal mines of our Nation would be greater than to obtain the same results from State inspectors.

8. If the thought behind this move is in the interest of safety, I think the matter is being approached from the wrong angle for I am firmly convinced that you cannot legislate safety.

9. We in Kentucky feel that we are fully able to handle and take care of our own affairs. This is proven by the acts of the general assembly increasing our budget to meet our needs.

In 1941 the budget was $25,000.

In 1943 the budget was $40,000.

In 1947 the budget was $199,300.

In 1948 the budget was $200,000.

In 1949 and 1950 the budget was $225,000.

I have been advised by the State administration that adequate funds will continue to be provided to meet the needs of our department.

When I assumed the duties of this office on June 12, 1948, there were 16 inspectors. We have added to these as fast as qualified men could be found, until at the present time we have 30 inspectors, who since January 1, 1949, to June 1, 1949, have made 2,460 inspections and have closed 399 mines. Our inspectors are competent men who have taken an oath to administer the mining laws of our State. Their qualifications as required by law are as follows:

All district mine inspectors and inspectors of mine weights shall have a thorough knowledge of first aid and mine rescue and be able to instruct in first aid and mine rescue, and shall possess thoroughly the knowledge required of the chief of the department by KRS 351.060, and shall have a thorough practical knowledge of mining gained by at least 10 years' experience in and about coal mines, at least 5 of which must have been in and about mines in this State.

No person shall be appointed to the office of district mine inspector until he has passed a satisfactory examination before the board of examiners. The chief of the department of mines and minerals may recommend to the Governor applicants for district mine inspector who have successfully passed the examination are proved by worth, training, and experience to be the most competent of the applicants.

I would like to leave the text to say our Governor has never asked me to hire a man. In every case, the man I have recommended has been appointed.

District mine inspectors and inspectors of mine weights shall be of good moral character and temperate habits and shall not, while holding office, act in official capacity in operating any coal mine.

Section 351.050. Qualifications of chief: (1) The Chief of the Department of Mines and Minerals shall be a male citizen of Kentucky with at least 15 years' mining experience, 10 years of which shall have been in and about the mines of this State. He shall be thoroughly familiar with all methods of safety pertaining to the operation of the mines. (2) The Chief shall have a practical knowledge of

(a) The different systems of working and ventilating coal mines.

(b) The nature, chemistry, and properties of noxious, poisonous, and explosive gases, the dangers due to such gases, and the prevention of such dangers.

(c) The dangers incident to blasting and the prevention of such dangers.
(d) The methods for the management and extinguishment of mine fires.
(e) The methods for rescue and relief work in mine disasters.
(f) The application of electricity in mining operations.

(g) The application of mechanical loading in mining operations. (h) The equipment and explosives manufactured for use in coal mines. (i) The mechanical features of mine scales and the methods used in properly inspecting and testing such scales.

(j) The methods used in locating oil and gas wells when drilled through any coal seam.

(k) The proper manner of drilling and plugging oil and gas wells.

(1) Mining engineering.

(m) The methods for prevention of explosions in mines due to gas or dust. (3) The chief shall be capable of efficiently reporting on any proposed development in mining operations or the possibility of operating any coal seam.

The department of mines cooperates with the eight mining institutes who cover the entire mining area of Kentucky in promoting our safety program, which consists of:

1. Teaching classes in coal mining to miners.

2. Teaching classes in first aid.

3. Teaching classes in mine rescue.

4. Conducting first-aid and mine-rescue contests in all districts. 5. Furnishing speakers for various safety meetings at mines.

The Kentucky Department of Mines has recently purchased two modern, completely equipped safety trucks. These trucks are mobile mine-rescue stations and will be used for training and in case of emergencies. In addition, the department maintains seven other minerescue stations at centrally located places in the coal fields.

We of the Kentucky Department of Mines know we are making progress toward better safety records and improving the inspection service of the State and we respectfully invite you to inquire of our activities and accomplishments. These should be well known by the Honorable Carl D. Perkins, a member of your committee.

I would like to emphasize that good accident-free experience can only be obtained by providing workmen with a safe, decent working place and the means of keeping it in this condition. Then by cooperative effort and proper supervision see to it that work is performed to the best of their knowledge and ability. If this is done, improvements will be effected.

Further, that in our last published annual report for the Kentucky Department of Mines in 1947 listed 69.86 percent of all fatalities due to falls of roof and coal, while 0.68 percent or less than 1 percent were from mine fires and explosions. This legislation seems to be stressing these minor causes rather than the day-by-day causes that cannot be corrected by legislation.

Our report for 1948 shows that 60.45 percent of our fatalities were from falls of roof and coal, while fires and explosions were 2.24 percent of our fatalities. Our record is gradually improving. As evidence I submit a table from our annual report substantiating this fact. (The documents referred to are as follows:)

Tonnage produced per casualty for the years of 1890 to 1947, inclusive