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COAL MINES IN WHICH SPOT INSPECTIONS SHALL BE MADE PURSUANT TO SEC. 103(i) OF THE FEDERAL

COAL MINE HEALTH AND SAFETY ACT OF 1969*

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Pennsylvania
bituminous.

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Isabella.

National Mines Corp. No. 51.

Bethlehem Mines Corp. No. 77.

do. No. 31.

do. Marianna No. 58.

do Somerset No. 60.

do Cambria Slope No. 33.

do No. 32

do. Renton

Pittsburgh Coal Co.. Division of

Consolidation Coal Co. Hutchinson

do. Montour No. 4.

do Westland.

do. Mathies

Mathies Coal Co. Harwick.

Duquesne Light Co. Warwick, Portal No. 3.

do. Warwick No. 2.

do. Oakmont..

Harmar Coal Co. Foster No. 5.

Leechburg Mining Co. Jane Nos. 1 and 2.

Rochester & Pittsburgh Coal Co. Vesta No. 4.

Jones & Laughlin Steel Corp. Shannopin.

do.. Vesta No. 5.

do.. Conemaugh No. 1

The North American Coal Corp. Colver.

Eastern Associated Coal Corp. Robena

United States Steel Corp. Maple Creek

do. Gateway.

Gateway Coal Co. Nemacolin.

The Buckeye Coal Co. Clyde.

Republic Steel Corp. Newfield

.do. Banning No. 4.

do Bird No. 2

Island Creek Coal Co. Bird No. 3.

do.. Marion

Tunnelton Mining Co. Lucerne No. 6.

Helvetia Coal Co. Homer City

The Helen Mining Co. Lancashire No. 20

Barnes and Tucker Co. Lancashire No. 24.

do. No. 18 Wanamie

Blue Coal Corp. No. 19 Wanamie.

do Forge Slope.

Glen Nan Coal Co. Middle Split Slope.

Erdman Coal Co Buck Slope.

Zakrewsky Coal Co. South Dip Skidmore Slope.. J. & C. Coal Co Seven Foot No. 2 Slope.. Polcovich Coal Co. Buck Slope..

A. D. & G. Coal Co. Jensie..

The North American Coal Corp. Powhatan No. 1.

do. Powhatan No. 3.

do. Powhatan No. 5.

do. Norton

Oglebay Norton Co. Sagiwaw.

do Vail No. 20

Island Creek Coal Co. Rose Valley No. 6.

Hanna Coal Co., Division of

Consolidation Coal Co. Nelms No. 1.

The Youghiogheny and Ohio Coal

Co. Nelms No. 2

do.. Beech Bottom

Windsor Power House Coal Co.
Alexander..

The Valley Camp Coal Co.
Valley Camp No. 1
Valley Camp No. 3

do Shoemaker..

Ohio Valley, Division of Consolida

tion Coal Co. Ireland

.do.. Coal mine safety, District B: Bishop.

Bishop Coal Co. No. 33-37

do No. 1 Cedar Grove.

Boone County Coal Corp. No. 1

C&B Coals inc. Nos. 3 and 4.

Canneiton Coal Co. No. 8.

do. Lady Dunn No. 105.

..do. See footnotes at end of table. *This list was effective as of the date of this hearing.

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West Virginia..

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COAL MINES IN WHICH SPOT INSPECTIONS SHALL BE MADE PURSUANT TO SEC. 103(1) OF THE FEDERAL

COAL MINE HEALTH AND SAFETY ACT OF 1969.-Continued

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Donegan No. 10.

Gauley Coal and Coke Co. Keystone...

Eastern Associated Coal Corp. Keystone No. 1.

.do. Keystone No. 2

do. Keystone No. 3B.

do. Keystone No. 4.

do.. Keystone No. 4A.

do. Federal No. 1.

do. Federal No. 2.

do. Joanne.

do. McAlpin No. 3.

Winding Gulf Coals Inc. Otsego..

do. East Gulf.

do. Eccles.

do. Stanaford No. 2.

do. Winding Gulf No. 4. Maitland..

Pocahontas Fuel Co., Division of

Consolidation Coal Co. Newhall No. 6.

do.. No. 7.

do. No. 25.

National Coal Mining Co. Gaston No. 2.

Slab Fork Coal Co.. Slab Fork No. 8.

do.. No. 10..

do. Guyan No. 1.

Island Creek Coal Co. Guyan No. 5.

do Birch No. 1..

do. Hampton No. 3.

Westmoreland Coal Co. Hampton No. 4.

do. Hunter.

Smith and Stover Coal Co. Itmann No. 1

Itmann Coal Co. Itmann No. 3

do.. Itmann No. 4

do. Tralee...

Semet Solva, Division of Allied

Chemical Corp. Shannon Branch

do. No. 2..

United States Steel Corp.
No. 14, No. 3 Seam Portal.. do..
No. 41.

Bethlehem Mines Corp.
No. 44.

do Consol No. 9.

Mountaineer Coal Co., Division of

Consolidation Coal Co. Loveridge.

do.. No. 93.

do. Robinson Run No. 95.

do Williams,

do. Arkwright.

Christopher Coal Co., Division of

Consolidated Coal Co. Arkwright No. 1.

do. Humphrey No. 7.

.do. Osage No. 3.. Pursglove No. 15.

do. Blacksville No. 1

Consolidation Coal Co O'Donnel No. 1.

Rochester & Pittsburgh Coal Co. Olga....

Olga Coal Co. Paragon.

Amherst Coal Co. No. 4H.

do. Sewell No. 1

Sewell Coal Co. Siltix..

The New River Co. Adrian.

Upshur Coals Ltd Compass No. 2.

Clinchfield Coal Co. Compass No. 3.

do.. Mars No.2..

do. Coal Mine safety, District C: Lambert Fork

do Moss No. 2.

.do. Moss No. 3, Portal A.

.do. Moss No. 3, Portal C.

.do. Moss No. 3, Portal D.

do Bullitt No. 1

Westmoreland Coal Co. Prescott No. 1.

do. Beatrice.

Beatrice Pocahontas Co.
Virginia Pocahontas No. 1.. Island Creek Coal Co..
Virginia Pocahontas No. 3. do
Virginia Pocahontas No. 2.. Virginia Pocahontas Co.
No. 5

Horn & Whited Coal Co.
No. 7

do No. 5.

Ward & Honaker Coal Co. No. 5.

Wade Coal co.. Scotia.

Scotia Coal Co. No. 3.

Wolf Creek Collieries. No. 1,

Princess Coals inc... Federal No. 1.

Mars Mining Co..

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COAL MINES IN WHICH SPOT INSPECTIONS SHALL BE MADE PURSUANT TO SEC. 103(i) OF THE FEDERAL

COAL MINE HEALTH AND SAFETY ACT OF 1969.-Continued

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Coal mine Safety District, D:

East Diamond.
Cresent.
Atkinson.
Hamilton.
Uniontown.
Fies.
Dotiki.
River Queen.
River Queen No. 1.
Zeigler No. 9.
Segco No.1.
Segco No. 2
Chetopa..
Maxie.
Mulga.
Flat Top
Bessie
Concord No. 1.
No. 2A..
No. 5.
No. 16
Spartan.
Zeigler No.4.
Orient No. 4.
Orient No. 6.
Orient No. 3.
Orient No. 5.
Crown.
Murdock
Inland.
No. 21.
No. 24
No. 26
No. 10
Eagle No. 2.
Eagle No. 1.
Kings...
Thunderbird.
Howe No. 1.

Choctaw..
Coal mine safety, District E:

Allen.
Bear.
Dutch Creek No. 1.
L, W. Wood..
Somerset.
Burnwell No. 1
Geneva.
Kenliworth.
No. 2.
Soldier Canyon
Sunnyside No. 1
Sunnyside No. 3.
York Canyon No. 1

Island Creek Coal Co..

.do. do..

do. do.

do. do.

do. do.

do. .do. Webster County Coal Corp.

do. Peabody Coal Co.

do. do.

do. Bell & Zoller Coal Co.

do.. Southern Electric Generating Co. Alabama do..

do. Alabama By-Products Co. do..

do. Woodward Co., Division of Meade Corp ..do. United States Pipe & Foundry Co... do. .do.

do. United States Steel Corp.

Alabama. C. L. Cline Coal Co.

Tennessee Sahara Coal Co., Inc.

Illinois do..

do. Bell & Zoller Coal Co.

do. do.

do. Freeman Coal Mining Corp.

do .do.

do do.

do .do.

do do

do. Moffet Coal Co.

do Inland Steel Co.

.do Old Ben Coal Corp.

.do .do...

.do.

do. Peabody Coal Co.

do do..

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Kings Station Coal Corp.

Indiana
Ayrshire Collieries Corp

do.
Howe Coal Co..

Oklahoma
Kerr-McGee Corp.

do..

do..

C. F. & I. Steel Corp.
Bear Coal Co.
Mid-Continent Coal & Coke Co.

do.
United States Steel Corp
Oren A. Pilcher, Operator.
United States Steel Corp
The North American Coal Corp-
Carbon Fuel Co.
Premium Coal Co.
Kaiser Steel Corp

do..
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Colorado

do. .do .do .do.

do. Utah

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New Mexico

1 Code identifications:

a equals mines that liberate more than 100,000 cubic feet of methane in 24 hours.

b equals mines in which a methane or other gas ignition or explosion has occurred which resulted in death or serious physical injury during the previous 5 years.

c equals mines in which other especially hazardous conditions exist.

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Apr. 15, 1970. Montour No. 4. Pittsburgh Coal Co.

Lawrence, Washington County, Pa.
Apr. 22, 1970
Jane Nos. 1 and 2... Rochester & Pittsburgh Coal Elderton, Armstrong County, Pa.

Co.
Apr. 22-23, 1970.... Harold No. 1........ Allegheny River Mining Co.... South Buffalo, Township, Armstrong County,

Pa. Apr. 16, 1970. Choclaw.

Kerr-McGee Corp.

Stigler, Haskell County, Okla.
Apr. 22, 1970.

.do..
.do..

Do.
Apr. 30, 1970

.do.
.do.

Do.
Apr. 17, 1970
Howe Mine No. 1.... Howe Coal Co.

Heavener, LeFlore County, Okla.
Apr. 30, 1970.

do.
do

Do.
Apr. 14, 1970.
Homer City.
Helen Mining Co..

Homer City, Indiana County, Pa.
Apr. 17, 1970
No. 4.
Liberty Coal Co.

Hyden, Ky.
Mar. 17, 1970 1 No. 10

Slab Fork Coal Co.

Tams, Raleigh County, W. Va.
Do 1
No. 16.

Imperial Colliery Co. Burnsville, Kanawha County, W. Va.

1 These were overlooked on previous reports from the district.

APPENDIX C

MINERS KILLED IN APRIL 1970 IN MINES THAT SHOULD HAVE BEEN SPOT INSPECTED

1. John Bozich, killed April 3, 1970, at Harman Coal Co., Harmon, Pennsylvania.

2. Stanley J. Bensky, killed April 4, 1970, at Lancaster No. 20, Barnes & Tucker Co., Carrolltown, Pennsylvania.

3. Victor F. Tranquillo, killed April 15, 1970, at Cambria Slope No. 33, Bethlehem Mines Corp., Ebensburg, Pennsylvania.

4. John R. Wall, killed April 3, 1970, at Eccles No. 5, Winding Gulf Coals, Inc. Eccles, West Virginia.

5. Sam Virgil, killed April 14, 1970, at Kenilworth, North American Coal Co., Castle Gate, Utah.

6. Joseph Stanish, killed April 8, 1970, at Bethlehem Mine No. 51, Bethlehem Mining Corp., Ellsworth, Pennsylvania.

MINERS, NAMES UNKNOWN, WERE KILLED OR SERIOUSLY INJURED IN APRIL 1970 ON

THE FOLLOWING DATES AT MINES THAT SHOULD HAVE BEEN SPOT INSPECTED

7. At Saginaw No. 1, of Oglebay Norton Co., on April 24, 1970.

8. At Homer City Mine of Helen Mining Co., Homer City, Pennsylvania, on April 10, 1970 (not inspected until April 14, 1970).

9. At Maple Creek Mine of U.S. Steel Corp., New Eagle, Pennsylvania, on April 30, 1970.

10. At Sharmon Mine of Semet-Solvay Division, Allied Chemical Co., Capels West Virginia, on April 22, 1970.

11. At Olga Coal Co., Coalwood, West Virginia, in April 1970. 12. At Compass No. 2, Clinchfield Coal Co., Dola, West Virginia, on April 2, 1970.

U.S. HOUSE OF REPRESENTATIVES,
COMMITTEE ON EDUCATION AND LABOR,
GENERAL SUBCOMMITTEE ON LABOR,

Washington, D.C., April 22, 1970.
Hon. WALTER J. HICKEL,
Secretary of the Interior,
Department of the Interior,
Washington, D.C.

DEAR SECRETARY HICKEL: Thank you for your letter of April 3, 1970, in response to a letter of March 5, 1970, concerning the administration of the Federal Coal Mine Health and Safety Act of 1969 (Public Law 91-173; 83 Stat. 742), to Congressman Hechler.

SUMMARY

After reviewing the actions taken by the Department since the new law was approved on December 1, 1970, we are seriously concerned (1) that with 31 top positions of the Bureau of Mines filled with officials who serve in an acting capacity only, it cannot function effectively; (2) that the new reorganization divides the Bureau's health functions into seperate divisions for coal mines and for metal mines which will duplicate each other, and fosters too close a confidential relationship with industry in its research function which could be harmful to workers and to protecting the total environment; (3) that the schedule of fees set forth in the regulations for violations of the Act is contrary to law; (4) that it failed to provide an opportunity for rule-making as directed by the new law; (5) that the Department, in apparently publishing new "mandatory safety standards” in its regulations of March 28, 1970, did so without following the procedures of Title I of the Act; (6) that its announced policy of conducting “partial, but representative" inspections is not in accord with the law; and (7) that the Department saw fit to be critical of some provisions of the new law after being silent on them during its consideration.

DISCUSSION

1. Personnel of the Bureau of Mines

Your letter of April 3, provides assurances that the Bureau of Mines' "entire Health and Safety organization is intact with minor exceptions." While the organization may be intact, it is clear that the personnel are still in a state of flux. It has not had a permanent director since March 1, 1970. In your letter you state as follows:

"Mr. Henry P. Wheeler, Jr., who was reccommended by John O'Leary to the position of Associate Director—Health and Safety, Bureau of Mines, has been formally appointed to the position. Mr. Henry Doyle has been offered a choice of positions in a new organizational set up which we plan to put into effect shortly, but has so far declined the opportunities. Mr. Carl Rampacek's detail as the Acting Assistant Director for Minerals Research has been terminated. He has returned to his permanent assignment and is under consideration for a key position in the new organization. Earl T. Hayes, as Deputy Director under John O'Leary, followed the health and safety activities of the Bureau closely, and, since he himself has suffered from silicosis when he worked in the mines, can naturally be expected to favor strict application of the law in his present capacity. He is being assisted by Harry Perry of my staff. who worked closely with John O'Leary during Congressional consideration of the law, and has now been detailed as Acting Director of the Bureau." (Italic supplied).

Mr. Henry P. Wheeler, according to the Bureau's Personnel Bulletin No. 70–73 of April 1, 1970, is again listed in an acting capacity and in two positions.

Mr. Henry N. Doyle was appointed to his position in acting capacity on FebMr. Doyle declined an offered position in the Bureau's new reorganization because ruary 13, 1969. His appointment terminates on April 30, 1970. We understand that he disagreed with it and expressed his views in writing. We would appreciate your providing us with a copy.

Mr. Carl Rampacek was in an acing capacity from July 27, 1969, through March 24, 1970, and now the position is vacant. In the above bulletin, he is listed as Acting Assistant Director of Metallurgy. What, in fact, is his status?

Dr. Hayes, as Deputy Director of the Bureau is familiar with its health and safety functions prior to enactment of the new law. In the past year, he had little direct contact with the development of the new law. He did not participate with the committees or the staff during its consideration. As a matter of fact, he was traveling for the Department during a large portion of the period the legislation was being considered. The above bulletin which was signed by Dr. Hayes as Deputy Director lists him also as acting in two other positions. How can the acting head of the Bureau effectively carry out his heavy responsibilities of leadership if he is also required to act in two other capacities?

The choice of Mr. Harry Perry, who is familiar with the new law and its background and participated in its development in the Congress, as Acting Deputy Director is a good one. The fact still remains that you have only "detailed” him to the position.

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