Notice is hereby given that the undersigned authorized representative of the Secretary of the Interior upon making an inspection of this mine on 1970, finds, in accordance with Sec. 104.(b), or

104.(i), of the Federal Coal Mine Health and Safety Act of 1969 (P.L. 91-173), a violation of the mandatory health or safety standard set forth in Section of the Act or Regulations promulgated by the

The foregoing violation shall be totally abated by .... .o'clock a.m., [p.m. oudende .170.

NOTE: Review of this Notice pursuant to Sec., 105.(a) of the Act may be made upon application to the Board of Mine Operations Appeals.

Form 101. (b) or 101. (1) Notice

Notice is hereby given that, by reason of the violation or violations described in Order of Withdrawal, No. dated 19 or Notice of Violation No.2, dated q 191, you are subject to a civil penalty in an amount not to exceea $10,000 or $250, in accordance with Section 109 of the Federal Coal Mine Health and Safety Act of 1969 (P.L. 91-173).

Unless, within thirty (30) days after receipt of said Order of Withdrawal or Notice of Violation, you make payment to the Bureau of Mines office indicated below in the amount of $ade, as provided in the schedule set forth below, a copy of said Order of Withdrawal or Notice of Violation will be filed, in accordance with regulations promulgated by the Secretary of the Interior, with the Board of Mine Operations Appeals, for the assessment by the Board of a civil penalty under the Act.

Senator WILLIAMS. Now on the automatic brakes there was a time of compliance, was there not?

Mr. OZONISH. Yes.

Mr. BISHOP. Yes.

Senator WILLIAMS. This is on the locomotive.

Mr. OZONISH. That is classified as a locomotive.

Senator WILLIAMS. The locomotive is supposed to have the brakes. One of the problems we had to work out in the law was whether more than the locomotive would have the brakes, whether the individual

Mr. OZONISH. Any equipment moved by an electric motor would be classified as a locomotive.

Senator WILLIAMS. Locomotives have always had brakes.

Mr. O'BROCHTA. Yes, but not automatic brakes. Most of them are hydraulic but not automatic.

Senator WILLIAMS. And this automatic brake, 3 months were given under the law from the effective date to have automatic brakes. How much of a job is that to put on automatic brakes?

Mr. OZONISH. I imagine that would be a pretty good job.

Senator WILLIAMS. Would you have to put the locomotive up over a weekend?

Mr. OZONISH. Put the locomotive up over a weekend, I imagine so, yes.

Senator WILLIAMS. A lot of that major work that can be done over a 2-day period is done over a weekend, is that right?

Mr. OZONISH. Yes.

Mr. PRICE. That is right.

Senator WILLIAMS. Let me just understand it. It is not major new equipment, automatic brakes? It can be done within 2 days?

Mr. O'BROCHTA. I don't know how long it takes, but they have had it at one time when they used to have what they called the wagons there. They had a spot system of the wagon. In other words, the operator when he dumped the coal in the wagon he pulled the lever and it automatically put power into the trolley wire and the motor went off and moved, so you let it off. The brake would automatically work and the power would shut off.

I believe that interpretation of the law there, is for the safety feature, that if something should happen to the motorman, he drops the controller off and the brake would automatically come off, the safety feature.

Mr. BISHOP. You see, sir, why the company got away with this. Here in the law it says:

Each locomotive and haulage car used in an underground coal mine shall be equipped with automatic brakes, where space permits. Where space does not permit automatic brakes, locomotives and haulage cars shall be subject to speed reduction gear, or other similar devices approved by the Secretary, which are designed to stop the locomotives and the haulage cars with the proper margin of safety.

Now that is where the Secretary is approving these different things, specifying what he means by different things like that, and the company is caught red-handed. At our mine we are obliged to go along if the Secretary spells out what he means by these things.

Senataor WILLIAMS. Who said that to you?

Mr. BISHOP. The superintendent or the mine foreman. We have a wonderful safety relationship with J. & L. That is one thing I would

like for you to check in on, to have them spell out these things so we can get up some guidelines how we can work together because it is the law and we must comply with it.

Senator WILLIAMS. Specifically where there is some question of just what is meant and you can't comply because you don't knew exactly what is required?

Mr. BISHOP. This is it right here now. In our mine the general manager sent some what were supposed to be portable toilets out. Now these portable toilets he acquired from Japan were just little seats like this here and it came with a plastic bag. It has a commode-type seat on top. Well, I went in and I said, "Look, Mike, how are you supposed to use these things here?" He said this is actual fact. I think I did have it in my car out there.

He said, "You are supposed to take the plastic bag, raise it up, put it on here and use it." In other words, it folds up. He said, "When you use it you take it up, tie it up and throw it in the rear." I said, "You know that is unsanitary." He said, "You know that is what it says."

So I got in touch with Mr. Newman who is head of the Federal coal mine inspectors here. He said, "Bishop, I'll tell you this: They can use anything right now until the Secretary spells out what he means by portable toilet."

If a man weighs 300 or 400 pounds, he would mash the whole thing right in the ground. That is a fact.

Do you have them at Gateway? They bought six of them.

The same thing with water here. One mine does not have any piped water in the mine but the Secretary says it must be potable. They had to take it out, don't know which way to go. You have to spell these things out.

Mr. OZONISH. You know, Senator, I worked in the coal mine a long time. I am a mason in a mine is what I do. I find these unsanitary conditions, work right alongside them-you have to. Like drinking water in the coal mine. We have not had any there for as long as I can remember.

Now these little things here, I am glad we are getting to that because all industry has drinking water available. If you had a disaster in the coal mine and men are trapped where there is no water, if you had drinking water there it might save their lives.

We are working next to a coal mine right now, I would say the barrier between our coal mine and where disaster happened here years ago, killed a hundred some men-we are working right next to that condition and this happened years ago. I had that book at home, I was going to bring it. There were 198 killed at that mine right next to our mine and we have the same conditions at our mine that caused that explosion.

We need these Federal inspectors to come in and examine these mines. We are going to try to demand that something be done, and I hope you are the man that can help us and I think you can. You can, and I hope you do it.

Do we have any men here from-Nick, don't you have something to say?

Mr. DE VINCE. Yes.

Mr. OZONISH. We have been talking enough.

You asked: Was a man hurt who was denied compensation. We have a man denied compensation for 3 years and we have records where he