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Mr. Smith. Just for my education, tell me what the qualifications of these Federal mine inspectors are. What do they have to do?

Mr. Price. They have to have some years of experience as mining engineers.

Mr. Smith. Now, Mr. Price, do you mean mining engineering, or experience in mines í

Mr. PRICE. Experience in mines. I said at the outset of this, Mr. Smith, that I am not an expert in mine safety. I made that perfectly clear. There are going to be witnesses on the stand during the day and throughout these hearings who are experts on those questions, and they can answer those questions for you far better than I can.

Mr. SMITH. What would you think about putting into this law also the requirement that, in case a Federal mine inspector found a mine that was unsafe for operation, the mine owners should go ahead and pay the wages of the miners until these conditions are improved?

Mr. PRICE. I might say to you, Mr. Smith, I am not interested in the economic situation in regard to this; I am interested merely in the matter of mine safety. And I said at the beginning of my remarks that that is my only interest in this matter.

Mr. SMITH. You mentioned the fact that over in the Senate they had hearings in regard to this, and you mentioned the fact that the penalty was not severe enough. Would you provide an additional penalty?

Mr. PRICE. That is correct. I think the penalty is too mild. That is, the penalty in the existing law, $500 and 60 days. I definitely think that the penalty should be higher than it now is.

Mr. SMITH. Would you not be in 'favor of a death-penalty clause ?

Mr. Price. I have never explored that idea. I have never given it consideration.

Mr. SMITH. Do you not concede that it would be an advantage, and would be somewhat of a deterrent for a mine owner to know that if

Mr. PRICE. I can see it would be a considerable penalty, but I do not, know whether it would be a fair or just penalty. I have not had a chance to explore your suggestion. It certainly has never occurred to me.

Mr. SMITH. That is all.
Mr. KELLEY. That is all, Mr. Price.
Mr. PRICE. Thank you.

Mr. KELLEY. Without objection, I wish to insert in the record at this point a copy of Public Law 49..

(Public Law 49 and Public Law 328, 80th Cong., with the accompanying report, are as follows:)

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[PUBLIC LAW 49—77TH CONGRESS]

[CHAPTER 87--1ST SESSION]

(H. R. 2082]

AN ACT Relating to certain inspections and investigations in coal mines for the purpose

of obtaining information relating to health and safety conditions, accidents, and occupational diseases therein, 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 Secretary of the Interior, acting through the United States Bureau of Mines, is hereby authorized and empowered to make or cause to be made annual or necessary inspections and investigations in coal mines the products of which regularly enter commerce or the operations of which substantially affect commerce

(a) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, whenever such health or safety conditions, accidents, or occupational diseases burden or obstruct commerce or threaten to burden or obstruct commerce.

(b) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for determining the most effective manner in which the public funds made available for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein may be expended for the accomplishment of such objects.

(c) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for the preparation and dissemination of reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines.

(d) For the purpose of obtaining information relating to accidents involving bodily injury or loss of life in such mines or relating to occupational diseases originating in such mines, to be transmitted to the Bureau of the Census for use in connection with the preparation and compilation of the various Census reports.

(e) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, to be transmitted to the Congress for its consideration in connection with legislative matters involving health and safety conditions, accidents, or occupational diseases in coal mines.

Sec. 2. The Secretary of the Interior, acting through the United States Bureau of Mines, is further authorized and empowered to make or cause to be made the inspections and investigations provided for in section 1 of this Act at other than annual intervals at any time in his discretion when the making of such inspections or investigations in the mine concerned will be in furtherance of the purposes of this Act.

SEC. 3. The Secretary of the Interior acting through the United States Bureau of Mines, or any duly authorized representative of such Bureau, shall be entitled to admission to any coal mine the products of which regularly enter commerce or the operations of which substantially affect commerce, for the purpose of making any inspection or investigation authorized under section i or section 2 of this Act.

SEC. 4. Any owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine subject to the provisions of section 1 or section 2 of this Act who refuses to admit the Secretary of the Interior, acting through the United States Bureau of Mines, or any duly authorized representative of such Bureau, to such mine, pursuant to the provisions of section 3 of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding sixty days, or by both.

SEC. 5. Every owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine the products of which regularly enter commerce or the operations of which substantially affect commerce shall furnish to the Secretary of the Interior, acting through the United States Bureau of Mines, or to any duly authorized representative of such Bureau, upon request, complete and correct information to the best of his knowlege concerning any or all accidents involving bodily injury or loss of life which occurred in such mine during the calendar year in which the request is made or during the preceding calendar year.

Sec. 6. The Secretary of the Interior, acting through the United States Bureau of Mines, is hereby authorized and directed

(a) To report annually to the Congress, either in summary or detailed form, the information obtained by him under this Act, together with such findings and comments thereon and such recommendations for legislative action as he may deem proper ;

(b) To compile, analyze, and publish, either in summary or detailed form, the information obtained by him under this Act, together with such findings concerning the causes of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines, and such recommendations for the prevention or amelioration of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines as he may deem proper ;

(c) To prepare and disseminate reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines;

(d) To expend the funds made available to him for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein, in such lawful manner as he may deem most effective in the light of the information obtained under this Act to promote the accomplishment of the objects for which such funds are granted;

(e) To transmit to the Director of the Census, either in summary or detailed form, the information obtained by him under this Act, for use in connection with the preparation and compilation of the various Census reports; and

(f) To make available for public inspection, either in summary or detailed form, the information obtained under this Act, as soon as practicable after the acquisition of such information.

SEC. 7. The execution of the provisions of this Act shall devolve upon the United States Bureau of Mines and the Secretary of the Interior may designate other bureaus or offices in the Department of the Interior to cooperate with the United States Bureau of Mines for such purpose. In order to promote sound and effective coordination of Federal and local activities within the field covered by this Act, the Secretary of the Interior, and the several bureaus and offices under his jurisdiction, shall cooperate with the official mine inspection or safety agencies of the several States and Territories, and, with the consent of the proper authorities thereof, may utilize the services of such agencies in connection with the administration of this Act. Copies of all findings, recommendations, reports, studies, statistics, and information made public under the authority of clauses (b), (c), and (f) of section 6 of this Act shall, whenever practicable, be furnished any cooperating State or Territorial agency which may request the same.

Sec. 8. The Secretary of the Interior, acting through the United States Bureau of Mines, may, in his discretion, create and establish an advisory committee composed of not more than six members to exercise consultative functions, when required by the Secretary, in connection with the administration of this Act. The said committee shall be composed of representatives of coal-mine owners and of representatives of coal-mine workers in equal number. The members of said committee shall be appointed by the Secretary of the Interior without regard to the civil-service laws.

Sec. 9. The Secretary of the Interior, acting through the United States Bureau of Mines, shall have authority to appoint, subject to the civil-service laws, such officers and employees as he may deem requisite for the administration of this Act; to fix, subject to the Classification Act of 1923, as amended, the compensation of officers and employees so appointed; and to prescribe the powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act: Provided, however, 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 five 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; and in detailing coal-mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to their previous practical experience in the work of mining coal in the State, district, or region where such inspections are to be made.

Sec. 10. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the due execution of this Act.

Sec. 11. For the purposes of this Act, the term "commerce” means trade, traffic, commerce, transportation, or communications between any State, Territory, possession, or the District of Columbia and any other State, Territory, or possession, of the United States, or between any State, Territory, possession, or the District of Columbia and any foreign country, or wholly within any Territory, possession, or the District of Columbia, or between points in the same State if passing through any other State or through any Territory, possession, or the District of Columbia or through any foreign country.

Sec. 12. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, May 7, 1941.

[PUBLIC LAW 328–30TH ('ONGRESS]

(CHAPTER 450—1ST SESSION]

[S. J. Res. 130]

JOINT RESOLUTION Relating to safety in bituminous-coal and lignite mines of the

United States Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the Secretary of the Interior, acting through the Director of the Bureau of Mines or his duly authorized representative, shall, upon investigation or inspection of any coal mine, pursuant to the Act of May 7, 1941 (55 Stat. 177), find that the safety standards, set forth in the Federal Mine Safety Code for Bituminous Coal and Lignite Mines of the United States, adopted pursuant to an agreement dated May 29, 1946, between the Secretary of the Interior, acting as Coal Mines Administrator, and the United Mine Workers of America, as published in 11 Federal Register 9017 (title 32, CFR, pt. 304, secs. 304.1-304.15), with respect to ventilation, rock-dusting, storage and use of explosives, roof and rib support, the use of water or water with a wetting agent or other means of dust control where mining operations raise an excessive amount of dust, and prevention of fires in the underground workings of the mines, are not being observed, he shall forthwith notify the owner and the operator of such mine and the State agency charged with the enforcement of safety measures in such mine of his findings and recommendations thereon, and request such owner, operator, and State agency severally to report to the Director of the Bureau of Mines the action taken with respect to said recommendations.

SEC. 2. (a) The Secretary of the Interior, acting through the Director of the Bureau of Mines, shall, each three months, commencing September 1, 1947, report to the Congress of the United States with respect to the conditions of all bituminous-coal and lignite mines investigated or inspected during the period, all recommendations and notices to the State agencies, and action taken by such mine owners, operators, and State agencies with respect to his findings and recommendations.

(b) The record of such inspections, findings, recommendations, notices, and reports, with respect thereto, shall be made available for public inspection as soon as practicable.

SEC. 3. (a) “Owner" includes a lessee and any person in possession or custody of a mine.

(b) "Operator” includes any agent, manager, superintendent, cooperative, or other person having control or supervision of a mine, directly or indirectly.

Sec. 4. This Act shall remain in effect for a period of one year from the date this Act is approved.

Approved August 4, 1947.

[S. Rept. No. 431, 80th Cong., 1st sess.) The Senate Committee on Public Lands, to whom was referred the resolution (S. J. Res. 130) establishing a code for health and safety in bituminous-coal and lignite mines of the United States the products of which regularly enter commerce or the operations of which substantially affect commerce, having considered the same, report favorably thereon with amendment and with the recommendation that the bill, as amended, do pass.

Strike out all after the enacting clause and insert the following:

"That whenever the Secretary of the Interior, acting through the Director of the Bureau of Mines or his duly authorized representative, shall, upon investigation or inspection of any coal mine, pursuant to the Act of May 7, 1941 (55 Stat. 177), find that the safety standards, set forth in the Federal Mine Safety Code for Bituminous Coal and Lignite Mines of the United States, adopted pursuant to an agreement dated May 29, 1946, between the Secretary of the Interior, acting as Coal Mines Administrator, and the United Mine Workers of America, as published in 11 Federal Register 9017 (title 32, CFR, pt. 304, secs. 304–304.15), with re spect to ventilation, rock-dusting, storage and use of explosives, roof and rib support, the use of water or water with a wetting agent or other means of dust control where mining operations raise an excessive amount of dust, and prevention of fires in the underground workings of the mines, are not being observed, he shall forthwith notify the owner and the operator of such mine and the State agency charged with the enforcement of safety measures in such mine of his findings and recommendations thereon, and request such owner, operator, and State agency severally to report to the Director of the Bureau of Mines the action taken with respect to said recommendations.

"SEC. 2. (a) The Secretary of the Interior, acting through the Director of the Bureau of Mines, shall, each three months, commencing September 1, 1947, report to the Congress of the United States with respect to the conditions of all bituminous-coal and lignite mines investigated or inspected during the period, all recommendations and notices to the State agencies, and action taken by such mine owners, operators, and State agencies with respect to his findings and recommendations.

"(b) The record of such inspections, findings, recommendations, notices, and reports, with respect thereto, shall be made available for public inspection as soon as practicable.

Sec. 3. (a) *Owner' includes a lessee and any person in possession or custody of a mine.

"(b) Operator' includes any agent, manager, superintendent, cooperative, or other persons having control or supervision of a mine, directly or indirectly.

"SEC. 4. This Act shall remain in effect for a period of one year from the date this Act is approved."

Amend the title so as to read : “Joint resolution relating to safety in bituminouscoal and lignite mines of the United States."

The resolution upon which this report is based was transmitted to the President pro tempore of the Senate by Secretary of the Interior J. A. Krug, following the report of a subcommittee of the Senate Committee on Public Lands which investigated the coal-mine disaster of March 25, 1947, at Centralia, Ill., in which 111 lives were lost. That subcommittee recommended legislation to raise the standard of safety in coal mines and to give the Federal Government power to enforce that standard.

The proposal as submitted by the Secretary of the Interior would have made effective for a year following June 30, 1947, the date on which Government operation of the coal mines ended, the Federal mine safety code for bituminous-coal and lignite mines of the United States which had been adopted by agreement between the Secretary of the Interior and the United Mine Workers of America shortly after the mines had been taken over.

The effectiveness of the code was limited to 1 year in the recommendation of the Secretary because it was recognized that the problem is one of great complexity involving the jurisdiction of the States as well as the jurisdiction of the Federal Government.

The committee in considering the resolution felt that it would be unwise without further study to clothe the Federal authorities with police powers to enforce the code in the States in all its details. On the other hand, the committee is of the opinion that those portions of the safety code which dealt with operating conditions, which experience shows have been the most prolific causes of mining disasters, should be immediately subjected to the closest scrutiny of the United States Bureau of Mines.

Rather than attempt to apply a detailed health and safety code to the entire bituminous-coal and lignite mining industry, covering all phases of mining operation under varying conditions, and including the outside workings of the mines as well as the underground workings, the committee decided to restrict the application of the resolution to the purpose of preventing mass disasters within the mines ; that is, calamities affecting large numbers of men underground. It felt that the adoption of safety standards with respect to ventilation, rock-dusting, storage and use of explosives, roof and rib support, the use of water or water with a wetting agent added to it or other means of dust control where mining operations raise an excessive amount of dust, and prevention of fires, all within underground workings of mines, would go far toward effectively preventing further disasters such as occurred at Centralia, Ill.

Under the resolution, enforcement of safety measures is left to the State agencies which are given the benefit of findings and recommendations resulting from Federal investigations and inspections, as are the owners and operators

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