HEALTH AND SAFETY IN THE COAL MINES FRIDAY, AUGUST 14, 1970 U.S. SENATE, SUBCOMMITTEE ON LABOR OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D.C. The subcommittee met at 9:40 a.m., pursuant to recess, in room 4232, New Senate Office Building, Senator Harrison A. Williams, Jr., of New Jersey (chairman of the subcommittee) presiding. Present: Senators Williams (presiding), Randolph, and Schweiker. Committee staff present: Gerald M. Feder, associate counsel; Eugene Mittelman, minority counsel; and Richard D. Siegel, staff aide to Senator Schweiker. Senator WILLIAMS. We will resume our legislative oversight hearings on enforcement of the Federal Coal Mine Health and Safety Act of 1969. As I stated at our last hearing, there are several unresolved questions relating to the testimony of the Department of the Interior. I have asked the representatives of the Department who were here last week to return this morning accompanied by the Budget Officer. Representatives of the Department of Health, Education, and Welfare, who were here last week, were kind enough to return today. I understand Under Secretary Russell has a brief statement he would like to make before we resume questioning. Before we do that, however, I have a short announcement to make. First, on Thursday of last week we heard testimony from Mr. Ralph Nader. At that time Mr. Nader made several recommendations regarding enforcement of coal mine health and safety, including a recommendation that this subcommittee request the General Accounting Office to conduct an investigation into the Bureau of Mines' coal mine health and safety enforcement program. As I noted at the time, I found this recommendation had a great deal of merit. Since that date, I formally requested the Comptroller General to conduct such an investigation. I am pleased to announce this morning that the General Accounting Office has agreed to undertake such an investigation and report back to this subcommittee if there are any recommendations that it deems appropriate. I am placing copies of the correspondence in the hearing record at this point. (The material subsequently supplied follows:) (683) The Honorable Elmer B. Staats General Accounting Office 441 G Street, N. W. Dear Mr. Staats: This Subcommittee was instrumental in both the writing and enactment of the "Federal Coal Mine Health and Safety Act of 1969." Since the December 30, 1969 approval of this legislation, the Subcommittee has maintained close contact with the implementation of the health and safety provisions of this Act by the Department of the Interior and it's Bureau of Mines. A number of serious deficiencies in the Department's program for the implementation of these provisions has come to the attention of the Subcommittee during the course of legislative oversight hearings. For example, serious questions have been raised about the Department's (1) ability to implement effectively the law's inspection requirements, (2) use of substantially increased appropriations, (3) development of effective research and training programs. This enumeration only highlights some of the more serious issues. It would be most helpful to the Subcommittee if the General Accounting Office would review the Department's actions and plans for implementation of the Act, and furnish the Subcommittee with a report on these activities, including any comments or recommendations you believe are appropriate. HAW/fc Sincerely, Harrison A. Williams, Jr. Subcommittee on Labor Comptroller General of the United States General Accounting Office 441 G Street, N.W. Dear Mr. Staats: In a prior letter, the Subcommittee on Labor requested the General Accounting Office to review the actions and plans of the Department of the Interior for implementation of the Federal Coal Mine Health & Safety Act of 1969 and report on these activities, including any comments or recommendations you believe are appropriate. I am advised that in discussions with members of your Civil Division staff general agreement has been reached on this undertaking by your office. The Subcommittee appreciates your cooperation and assistance in the evaluation of this vital program. Sincerely, HAW/da Harrison A. Williams, Jr. Subcommittee on Labor Senator WILLIAMS. The second point is that I have requested an opinion by the Attorney General on the potential financial liability of the United States under the Federal Tort Claims Act to miners and their widows for injuries and fatalities suffered in mines in which the Bureau has not observed the statutory requirement for spot inspections as well as mines in which the Bureau has conducted "partial but representative" inspections. Senator Randolph? Senator RANDOLPH. Thank you very much, Mr. Chairman. I wish to ask, and I am not concerned as to who might respond from among the gentlemen from the Department of the Interior and the Bureau of Mines. You will recall that at the last session, Mr. Chairman, members of this subcommittee directed a telegram to the President of the United States, urging the expeditious sending of a nomination to the Senate of a qualified person to be Director of the U.S. Bureau of Mines. I realize that you certainly could not speak for either the Secretary of the Department of the Interior and certainly not for the President of the United States, but I ask if you have knowledge of any action. that has taken place, any conferences that have been held, any efforts that have been made, to do what this subcommittee believes should be done; namely, to have a director of the Bureau of Mines nominated and considered by the Senate and, hopefully, confirmed so that he might lead the Bureau in its very important work in the enforcement and the implementation of the Coal Mine Health and Safety Act. STATEMENT OF HON. FRED RUSSELL, UNDER SECRETARY OF THE INTERIOR; HOLLIS M. DOLE, ASSISTANT SECRETARY, MINERAL RESOURCES; HENRY WHEELER, JR., DEPUTY DIRECTOR OF THE BUREAU OF MINES FOR HEALTH AND SAFETY; JAMES WESTFIELD, ASSISTANT DIRECTOR FOR COAL MINE HEALTH AND SAFETY; MITCHELL MELICH, SOLICITOR; AND WILLIAM A. GERSHUNY, ASSISTANT SOLICITOR, TRIAL BRANCH, AND ROBERT LONG, ASSOCIATE SOLICITOR-Resumed Mr. DOLE. Mr. Chairman, Senator Randolph, I am pleased to tell the committee that great effort has been underway for some time. We have reviewed what I consider a fairly large number of extremely well-qualified people here in the United States who might possibly fill the position of Director of the Bureau of Mines. It has been a searching task, but I think it has been one that has been most rewarding. I am pleased to announce to the committee that I can give you full assurance that every effort is being made for an announcement to come out at an early date. Senator RANDOLPH. Mr. Dole, sometimes early dates really don't mean too much to us. I am not attempting to say that you are not being definitive in your reply, but perhaps it is not inappropriate for me to press you just a little in this matter. Do you think that the President might act on this nomination, let us say, within the coming week? Mr. DOLE. Mr. Chairman, and Mr. Randolph, I doubt if it would be this coming week, but I am quite sure that it will be in a very short time, and again I am not trying to be evasive on this, but in the selection of a Presidential nominee, as you are more aware than I, there are certain procedures such as FBI checks, as this man does have to handle sensitive material. There are other procedures that must be followed. I have every assurance from the people who will make this announcement that they will take every means possible to bring this to an announcement as soon as possible, because they are as aware as you gentlemen on the committee and as we that the early placement of a director in the Bureau of Mines is an absolute necessity. Senator RANDOLPH. Mr. Dole, I am grateful, as I am sure our Chairman is, for your response to this question. I would ask you, further, approximately how many employees are there at the present time within the U.S. Bureau of Mines? Mr. DOLE. I am informed by Dr. Hayes that the number is 4,700. Senator RANDOLPH. I do believe, Mr. Dole and gentlemen, that not only is there an acute need for implementation and enforcement of the Coal Mine Health and Safety Act, but the employees themselves, gentlemen, need leadership at this time. I imagine the esprit de corps of the Bureau of Mines cannot be the best if month after month it goes without a Director. Do you wish to make response to that statement? Mr. DOLE. Yes, Senator Randolph, I would agree with you entirely and we are cognizant of this very fact. I can assure you that this leadership will be forthcoming. I can assure you that when it does arrive, we believe that it will do a lot to bring back this great esprit de corps that has existed in the Bureau of Mines and lately has been flagging. Senator RANDOLPH. I thank you very much. We have confidence in what you are saying in this matter. We are not talking about just another person to be nominated. This is much more than that. The broad program of the Bureau of Mines in many fields is involved, particularly in the area we are discussing in the oversight hearings. Mr. Chairman, with your indulgence I should like to make just one further statement. You and the witness have mentioned the process of inspection. I do not want to attempt to draw sides in this matter. There is a continuing criticism of the Bureau of Mines for its failure to enforce the provisions of this act. You have heard this and you are familiar with it. I wish my position to be clearly understood. I want you to move as quickly as possible, as effectively as possible, but I also understand that you cannot move from 200-some inspectors to a needed 700-some inspectors and do it overnight, to use an expression, because those inspectors must be highly skilled, efficient, dedicated inspectors. So, if there is some fumbling in these first few months, I think you will be better able in the months ahead, because of recognition of errors, to do your task than you have done in the past. I have a full recognition, I am sure the chairman shares this recognition of the problems mentioned in these hearings; namely, the manpower problem. Mr. Dole, you told us that the process of screening and employing and placing these men in the field was going to move forward. I |