APPENDIX E.-Indication of imminent dangers in Federal coal-mine inspection reports covering the 12-month period beginning Apr. 8, 1948, by States

TESTIMONY OF A. W. DICKINSON, REPRESENTING THE AMERICAN MINING CONGRESS

Mr. DICKINSON. Mr. Chairman, I have here a brief statement which, with your permission, I would like to read.

Mr. KELLEY. Proceed when you are ready.

Mr. DICKINSON. My name is A. W. Dickinson. I represent the American Mining Congress, which is a national organization representative of all branches of the mining industry throughout the United States, including anthracite and bituminous coal. I am a mining engineer actively engaged in the bituminous coal industry ever since 1908 as an engineer, safety engineer, superintendent, manager, and

owner.

The position of the American Mining Congress on the legislation now before your committee is stated in the following resolution unanimously adopted at our fiftieth annual meeting and approved by our board of directors January 26 of this year:

The Bureau of Mines should not be made the instrument for further Federal encroachment on the rights of the States by delegating to it police powers covering the operation of mines.

The members of the American Mining Congress have been vitally interested in the safety movement for many years and in fact participated in the campaign which resulted in the creation of the Bureau

of Mines as an agency for scientific and educational service to the industry and particularly to render service in the prevention of mine disasters as well as the day-to-day type of mine accidents. The Mining Congress and the managements of coal mines have always had the highest regard and have always worked in the closest cooperation with the Bureau of Mines and its able staff.

We know definitely that the success of the Bureau in its effective safety campaigns is in a great measure due to the fine degree of cooperation and mutual confidence which exists between its staff and the State mining departments, the mine operators and the mine workers. Through its basic research in accident prevention the Bureau develops safety standards in mining equipment and procedure, and its recommendations are the basis for constant improvement in statute and practice throughout the mining fields. The first. aid and mine rescue training constantly carried on by the Bureau is the basis of the all-important safety consciousness instilled into individuals, which is the greatest factor in the prevention of accidents.

We who are familiar with the operation of coal mines do not believe that a Federal law directing Federal coal-mine inspectors to orderemployees withdrawn from mines would be a panacea for the elimination of coal-mine explosions. We know that the real answer lies in safety education, through ventilation and rock dusting, and in the arousing of the fullest degree of watchfulness for accident hazards in the mind of every man who is in any way connected with the coalmining industry, as well as in the new men who are constantly entering the industry.

We feel it our duty to explain to this committee that under the Federal mineral leasing laws applying to coal mines which enter coal owned by the United States Government on the public domain, these mines are subject to Federal inspection and must follow the regulations made and enforced by the Conservation Division of the United States Geological Survey. Just as soon as a mine has one pair of entries in Federal coal, the entire mine is subject to this Federal regulation.

We sincerely regret to state that in spite of this exercise of the most careful inspections and strict enforcement of orders by able Federal inspectors, there have been all too many mine explosions in coal mines operating on the public domain. These include major explosions at Afton, Wyo.; the Jones mine in Alaska; Frontier, Wyo., where 99 men were lost; Sublett, Wyo., where 39 lives were lost; and at Castlegate, Utah, where 172 men were killed.

I would like to refer briefly to Bureau of Mines Circular No. 7456, on page 1. This circular covers the fiscal year ended June 30, 1947, and is dated May 1948, prepared by Daniel Harrington, W. J. Fene, and H. B. Humphrey, and just this much I would like to quote from it:

In the fiscal years 1946 and 1947, the number of mine explosions decreased compared with the preceding years. However, the loss of life was so serious during the fiscal year 1947, the period when the Government administered bituminous coal and lignite mines, and that from April to June, 1947, extraordinary measures were taken in mines then under Government's possession, to obtain compliance with provisions concerning rock dusting, ventilation, and blasting that had not been followed.

I simply cite that because here were the mines under Federal supervision and still the accident rate went up so seriously in 1947, when they were under Federal supervision, that they felt compelled to

redouble their efforts. That, to me, illustrates that this Federal police power is not the answer, and that is the reason I refer to it.

This committee is sincerely searching for a remedy, not only for such a situation as a Senate investigating committee witnessed at Centralia, Ill., but also for the much heavier toll taken by the day-by-day accidents which must be reduced in number through the exercise of the best thought and the best efforts of which we are capable.

I have been intimately associated with this problem for over 40 years, and based on this background it is my sincere belief that progress in reducing mine accidents lies in safety education and the development of a sincere safety consciousness on the part of every man in the industry. The safety of the men in the mines is the responsibility of management, and management looks to the capable men of the United States Bureau of Mines for aid through research, counsel, and encouragement in the safety campaign.

The most constructive step that the members of this committee and our National Congress could take would be to call in the Secretary of the Interior and the Director of the United States Bureau of Mines, and ascertain from them the measure of appropriations that will be necessary to carry out to the fullest extent a thoroughly comprehensive program of research and education in the prevention of mine accidents and mine explosions. Thereafter the Congress should see to it that these very necessary appropriations are forthcoming. This is the real answer which we earnestly urge you to put into effect.

At this point I would like to refer to an interview with Dan Harrington, head of the Health and Safety Branch of the Bureau of Mines for many years. He gave an interview on this present issue we are discussing here, and when he was asked if he is in favor of proposals in Congress to give the Bureau of Mines power to compel the industry to adopt its recommendations to enforce the Federal Mine Safety Code, Dan Harrington replied:

I most certainly am not. I think any such move would be very likely to cripple the progress in mine safety.

Then he continued:

If the Bureau of Mines is given enforcement powers, it will get in the rut of a police job and stay there. The Bureau's job is to look ahead through research and education. You make progress by democratic cooperation and not by dictation and compliance. If Congress wants faster progress in mine safety, then let it do something it has refused to do; let it give the Bureau of Mines adequate personnel and facilities to learn more and to teach more. The record is eloquent evidence that education can work miracles. Laws are not the answer. The coal industry has gone far beyond the requirements of what laws there are. Today, 90 percent of our coal mines do not have a single fatal accident in the course of a year. That does not mean the ultimate has been reached by any means, but the foundation has been firmly laid for continuing the definitely downward trend of mine accidents.

Of incalculable value in this great work would be the all-out aid of the United Mine Workers of America in encouraging a full measure of safety consciousness in their more than 600,000 members, through educational activity employing their publications, national and district boards, safety departments, local unions, and local mine safety committees.

There is no finer contribution in the Nation-wide campaign to bring safety to the men in the mines than that which is made each day and each hour by sincere and enthusiastic workers for safety among

the miners themselves. I know what these men are doing and what it means to many of their fellow workmen and to the new and generally younger men who are not yet so thoroughly sold on the vital need for safety work. These ardent safety workers are the shining proof that advancement in the cause of safety must come through education, training, and hard, honest effort on the part of management, supervisory forces, and the miners themselves.

A centralized Federal police power is not the answer to coal-mine explosion and accident reduction any more than it is the answer to the holocausts resulting from fires in hospitals, other public institutions, and hotels; highway accidents with their heavy toll; and the countless accidents in all lines of industry and even in our homes which bring death or disability to men, women, and children with far too high a frequency.

I will be glad to answer any questions within my ability.
Mr. KELLEY. Are there any questions?

Mr. PERKINS. Mr. Dickinson, I take it you would prefer that Congress supply sufficient funds to increase educational campaigns and what is necessary that way, rather than amend this act?

Mr. DICKINSON. Yes. We firmly believe, and insofar as I am aware, and I believe I am aware, our entire membership believes that is the proper way to proceed. We just see an unnecessary chaotic situation arising out of the exercise of this police power by the Federal inspectors. If a Federal inspector detects what he believes to be an imminent hazard, it is my firm belief there is no manager of a property who could afford, and I do not think he would dare, to disregard such a warning as that. I have heard of some parts of the country where some individuals in charge of mines have not been responsible, but that is growing less all the time.

In addition to that, as we all know, there are the safety committees in the mines, and I think one word to a safety committee would result in action.

Mr. KELLEY. I am afraid you have more faith in them than I do. Mr. DICKINSON. It may be that is overoptimistic.

Mr. KELLEY. I will admit that many operators are conscientious; they do a very fine job, the very best they can in the matter of safety, but there are also many of them on the fringe who take too many chances; they trust to luck.

Mr. DICKINSON. It is the duty of the industry to educate them out of that, and the Bureau of Mines is of magnificent help in that. Mr. KELLEY. There is no doubt about that.

Mr. DICKINSON. But I do not think that the exercise of Federal police power is necessary.

Mr. KELLEY. Mr. Perkins?

Mr. PERKINS. You make mention of the safety committees in the mines. Now, it is your theory to bring about a better safety program through education and let the Government spend money on that. Mr. DICKINSON. Yes.

Mr. PERKINS. I agree with you that is one approach to the problem, but the point we are vitally concerned with is to save human lives now. Do you agree that the present safety law that we have on the statute books is effective in saving lives?

Mr. DICKINSON. Certainly.

Mr. PERKINS. When that law-I believe it is referred to as Public Law 49-was enacted, were you in favor of that law at that time, or did you oppose it?

Mr. DICKINSON. I opposed that law, but I feel today that we cannot, have too much inspection by qualified men.

Mr. PERKINS. There is no doubt in your mind but what the Federal Bureau of Mines has standards for qualifications of their men that meet with the approval of the public; is there any doubt about that? Mr. DICKINSON. You will hear some expressions of doubt. For instance, Mr. Carl Scholz is here in the room and he was just telling me and I might say he is a man who has spent his life in the coalmining industry, an able man-he told me of a case where on this form which the Bureau of Mines inspectors have, there is a question: Is the mine rock dusted, or properly or sufficiently rock dustedMr. PERKINS. Is that the only case he has told you about? Mr. DICKINSON. We have not been together very long.

The answer given by an inspector was "No." It was the only answer he could give. The mine was not rock-dusted. But the manager of the mine explained to Mr. Scholz that all of his men wear slickers and rubber boots, and the mine was as wet as a rat hole.

Mr. PERKINS. From your observation, training, and experience, have you observed that the qualifications of the Federal mine inspector are much higher than the qualifications of the State mine inspector? Mr. DICKINSON. No; I have not.

Mr. PERKINS. You do admit, though, that the Federal mining law that we now have on the books has saved lives?

Mr. DICKINSON. Well, I do not like to be put in the position of stating that I admit a thing of that sort.

Mr. PERKINS. I thought you stated that a moment ago.

Mr. DICKINSON. It is my belief that as a result of the inspections which have been made by Federal coal-mine inspectors, lives have been saved. I operated for a number of years in Wyoming. We used to send for the Federal coal-mine inspectors and ask them to come down and inspect our mines and make recommendations without fear or favor as to what might be done to make those mines safer. Then we would go to work and act on the recommendations of these inspectors, and then we would call them back and ask them to make a check inspection and tell us if they felt we had met their suggestions or recommendations, and we would also say, "If we have not met them or if you see anything else, tell us and we will correct it." Mr. PERKINS. If I follow you correctly, Mr. Dickinson, you stated you opposed the enactment of the present mine safety law?

Mr. DICKINSON. Let me say something in that connection. As proposed, this co-called Public Law 49 also included police power for those inspectors, and that was the thing we opposed.

Mr. PERKINS. Then you admit it has made a good contribution from the standpoint of safety, and has saved lives?

Mr. DICKINSON. I do not admit. I cheerfully say it has been of assistance, the law as enacted. The bill as proposed contained police power and that was the thing which we opposed. We really did not oppose the matter of inspections.

Mr. PERKINS. You opposed the law on the same basis you oppose this law, that it contained police powers?

Mr. DICKINSON. We opposed the police powers contained in the bill, which were not contained in the law as enacted.