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Did they put an injunction against the law? Isn't the law what is actually written? What is the idea of not continuing with the law enforcement as they are written?

Senator WILLIAMS. Let me ask you this. You say there were how many violations posted?

Mr. DE VINCE. Six posted. This is U.S. Steel, Maple Creek mine.
Senator WILLIAMS. One of them was the toilets?

Mr. DE VINCE. Right.

Senator WILLIAMS. One was water?

Mr. DE VINCE. Drinking water.

Senator WILLIAMS. One was the cable?

Mr. DE VINCE. Cable being hung up, yes.

Senator WILLIAMS. When was this inspection?

Mr. DE VINCE. Approximately 2 months ago.

Senator WILLIAMS. And the notice went on the board?
Mr. DE VINCE. Right.

Senator WILLIAMS. Was there a penalty on these?

Mr. DE VINCE. I would not know.

Mr. BRITVICH. I have never seen the penalty.

Senator WILLIAMS. Now you ask a good question and it is a question you should ask. Why, if the law provides that these things be taken care of, aren't they taken care of? Very good question.

Now one area, and this is subject to amplification, I guess. In one area some operators thought they didn't have time to do what was required under the law and went into court saying they could not do this, and the court in a sense gave them an extension of time.

Now that particular case-and that was not around here, that was down in southern Virginia has been expanded I think by the Bureau beyond the area where the case was brought into court and they are being slow on enforcement generally and in other places. Is this the way you understand it?

Mr. SIEGEL. That is right.

Senator WILLIAMS. Now what we are trying to do is find out exactly what is happening on enforcement, and you are telling me here the law in western Pennsylvania is not being enforced.

Mr. DE VINCE. That is right.

Senator WILLIAMS. Like drinking water, toilets, hanging cable?

Mr. DE VINCE. And inspection. This is what all the commotion is about. Here a judge tells us to go back to work. We have laws to abide by and he is telling us to go to work under these conditions Now are we forced to go to work when the laws are not complied with, or are we supposed to forget about the law?

Senator WILLIAMS. Now that question is a question for a judge. I am not a judge. We make the laws, the judge

Mr. DE VINCE. You make the laws but then you as an individual want them enforced.

Senator WILLIAMS. That is right, and we want to see them enforced. That is why our job is to come here to see what is not being enforced and then report our observations to where we work. We work in the Senate, and we report it to the Department and we make sure that they do what they are supposed to do to enforce it.

Now on the question of when it finally comes to the final individual situation of we are here as a mine and is this mine meeting the law, then people take it to court. This afternoon, right now, it is being decided

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down in Philadelphia whether this walkout was justified on the basis of the lack of inspections That is the question before the court.

Mr. BRITVICH. The union was not backing us up-district 4, district 5 and the International. We were fortunate enough to have the man come out who took this up and supported us, but yet they called us a minority group, our union officials, because we are protesting these laws which are not being enforced.

Senator WILLIAMS. This is well known now, it has been fully reported in the newspapers and we know that. That is all being talked about in court down in Philadelphia right this minute.

Mr. BRITVICH. You see, this injunction, the reason why everything is so stalemated now, as Mr. Newman told me he is the head of inspection in Waynesburg. The injunction is not against the law, it is the Federal Register which is an interpretation of the law. That is the reason why we say their hands are tied. Now it is before three judges. Right near the school here where he was teaching us this class he said these three judges said they may have an answer to this injunction by September.

Mr. DE VINCE. Injunction. As far as it goes the injunction has nothing to do with the law. By God, when you have a law it must be enforced.

Mr. BRITVICH. And you must have an interpretation.

Mr. DE VINCE. The interpretation is clear on the toilets; you have to have toilets. It is clear on the drinking water. It is clear on the cable. Mr. FEDER. These are the inspection reports we got from the Bureau of Mines. Without objection, they will be inserted into the hearing record at this point.

(The reports referred to follow :)

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COAL MINE INSPECTION REPORT
MAPLE CREEK MINE

UNITED STATES STEEL CORPORATION

COAL OPERATIONS-RAW MATERIALS, FRICK DISTRICT
NEW EAGLE, WASHINGTON COUNTY, PENNSYLVANIA

March 30-31, 1970

by

James B. Shannon

Federal Coal Mine Inspector

INTRODUCTION

This report is based on an inspection made pursuant to the Federal Coal Mine Health and Safety Act of 1969 (83 Stat. 742).

GENERAL INFORMATION

The Maple Creek mine at New Eagle, Washington County, Pennsylvania, is opened by 5 shafts, 3 drifts, and a slope into the Pittsburgh coalbed. Employment was provided for 734 persons, of whom 608 worked underground and 126 on the surface on 2 coal-producing and 1 maintenance shifts a day. The mine was operated 5 and 6 days a week. An average of 9,321 tons of processed coal was produced daily.

FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969

Violation

Section 75.516.

Notices

The 440 a.c. power wire from the transformer to the distribution box in 40 room section 3 flat 2 main was not installed on insulators. A Notice of Violation No. 8 was issued on March 30, 1970 on Form 104(b) requiring that this violation be abated by 8 a.m. on March 31, and a Notice of Penalty No. 8 pertaining thereto was issued March 30. This violation was not totally abated in the time set, and a Notice No. 8 was issued on Form 104(b) Extension, extending the time for total abatement of the foregoing violation and in other sections in the mine to 8 a.m. on May 1. .

Violation - Section 75.518.

Short-circuit protection was not provided for lights used on the haulage road for illumination and block signals. A Notice of Violation No. 7 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 12:01 a,m. on May 1, and a Notice of Penalty No. 7 pertaining thereto, was issued March 30.

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An automatic circuit breaker was not provided for the trailing cable of No. 5 11BU loading machine in 40 room 3 flat 2 main section. A Notice of Violation No. 9 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 8 a.m. on March 31, and a Notice of Penalty No. 9 pertaining thereto was issued March 30. This violation was not totally abated in the time set and a Notice No. 9 was. issued on Form 104(b).Extension, extending the time for total abatement of the foregoing violation and for the trailing cables of other directcurrent mining equipment in the mine to 8 a.m. on June 1.

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Emergency firefighting supplies were not located within 2 miles of the working sections in 2 main. A Notice of Violation No. 10 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 8 a.m. on March 31, and a Notice of Penalty No. 10 pertaining thereto was issued March 30. The violation was totally abated in the prescribed time.

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No. 15 mine jitney (personnel carrier) was not provided with a lifting jack and bar. A Notice of Violation No. 1 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 10:20 a.m. on March 30, and a Notice of Penalty No. 1 pertaining thereto was issued March 30. The violation was totally abated in the prescribed time.

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No. 6 Portabus (personnel carrier) used to transport a number of men in excess of five to the 40 room section 3 flat 2 main was not equipped with sanding devices. A Notice of Violation No. 2 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 12:01 a.m. May 1, and a Notice of Penalty No. 2 pertaining thereto was issued March 30.

Violation - Section 75.1404.

Haulage cars used in the mine were not provided with automatic brakes.
A Notice of Violation No. 3 was issued March 30, 1970, on Form 104(b)
requiring that this violation be abated by 8 a.m. September 1, and a
Notice of Penalty No. 3 pertaining thereto was issued March 30.

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Sanitary toilet facilities were not provided in the 40 room section 3 flat 2 main section. A Notice of Violation No. 5 was issued March 30, 1970, on Form 104(b) requiring that this violation be abated by 8 a.m. on May 1, and a Notice of Penalty No. 5 pertaining thereto was issued March 30.

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