Surely we can devise a system which will enable us in this country to equal the 90% plus participation of the British coal miners in their scheme which has been in operation nearly 20 years.

I would now like to turn to Title IV of the Act. We are favorably impressed with the speed and clarity with which the Bureau of Disability Insurance, Social Security Administration, has been proceeding. Their concern for the individual is a refreshing contrast to the attitudes usually encounted in state workmen's compensation agencies. However, we find ourselves in strong opposition to a number of administrative decisions. Our opposition is on record in numerous meetings and correspondence. First and foremost is the decision to subtract the Pennsylvania occupational disease award of $100 per month from the black lung disability benefit. Mr. Boyle has registered the Union's objection to the Secretary of HEW, Commissioner Robert M. Ball and many others, but all to no avail. In fact, as you know, Pennsylvania, on the basis of this ruling, has very recently passed legislation stopping payment of occupational disease awards for black lung. Mr. Boyle has clearly indicated that the SSA decision violates both the intent and the letter of Public Law 91-173.

It is also our opinion that the Bureau of Disability Insurance is incorrectly deleting non-pulmonary OASDI benefits from black lung disability benefits. This permits offsetting the latter with OASDI payments for a totally different disability such as paraplegia. This action is taken despite the fact that these are two different disabilities which, were they to exist in two separate individuals would be paid in full for each indivi

dual.

The Bureau has published their x-ray criteria for diagnosing black lung. To date there has been no indication that they contemplate adopting the x-ray criteria developed by the Public Health Service for the diagnosis of coal workers' pneumoconiosis in accordance with Title II. It is our considered opinion that Bureau adoption of the PHS x-ray criteria would strengthen both programs and avoid considerable confusion.

On March 9, 1970 a Statement of Cooperation was signed by the Union and the Social and Rehabilitation Service of HEW. This is the first time

The

such an agreement has been signed by SRS and an international union. purpose of the Statement is to rehabilitate miners disabled by coal workers' pneumoconiosis. It is acknowledged that few, if any, of these men can be rehabilitated to the point of going back into the mines. It is possible, however, that the provision of certain services and facilities will make the balance of their lives more meaningful and productive than usually prevails. The Union, to implement the Statement, has appointed a Rehabilitation Counselor in every UMWA District office. In addition this Counselor assists the membership and widows with black lung disability benefits. He also continues with his efforts of many years standing to secure state workmen's compensation benefits. The Counselor is, in effect, an ombudsman for the disabled miner. The Union is anxious to implement this Statement as rapidly as possible but to date we have only been able to reach the point of exploratory discussions with SRS.

47-135 O 71 15

A final point concerns the general overall effectiveness of the Bureau of Occupational Safety and Health. We are deeply concerned about the apparent laissez-faire attitude of the Department of Health, Education, and Welfare toward the Bureau and its responsibilities. There is no other segment of HEW with the experience or competency for handling the responsibilities delegated to HEW by Public Law 91-173. Yet there are disquieting rumors and public pronouncements about the dismemberment of the Bureau and its program. This would completely destroy any future hope of any occupational health program remaining in HEW. Organized labor would then be forced to seek an occupational health program elsewhere. As I indicated two years ago in testifying before you on S. 2864, I am strongly convinced that HEW is the Federal agency which should have this responsibility. Congress mandated that HEW must have the health responsibilities for Public Law 91-173 but we find continuing evidence beyond our concern for the Act which indicates a Departmental lack of understanding of the role of an adequate occupational health program.

The new Act, which is concerned solely with protecting the health and safety of the nation's coal miners, should so strengthen the program and direction of the Bureau of Occupational Safety and Health that it would soon be required to take similar measures for the protection of the on-the-job health of all workers. The Federal Coal Mine Health and Safety Act of 1969 is the answer to those who through ignorance, apathy,

willfulness or a total lack of comprehension of the important role of occupational health, have systematically sought to decimate this essential public health program.

Over the years the miners and their Union have seen their fellow workers suffering the ravages of disability and death which are the daily penalties paid for allowing conditions to prevail which produce coal workers' pneumoconiosis. At last, they have secured the enactment of Federal legislation essential for wiping out this manmade plague. They will be highly intolerant of any attempts to delay or subvert enforcement and compliance. I strongly urge that the Federal Coal Mine

Health and Safety Act of 1969 be considered a portent of the future and immediate action be taken to strengthen and expand its impact.

Senator SCHWEIKER. Mr. Chairman, I would like to respond to Senator Randolph and say I would certainly be pleased to join him, and I know I can speak for all of the members on this side of the aisle, we will sign the telegram because we feel it is of such urgency.

Senator RANDOLPH. Thank you, Senator.

Senator SCHWEIKER. I would like to make one other point in terms of inspection that was discussed here. I have information from the Interior Department as of several weeks ago saying that of the 200 gassy mines and this was the mines that methane is inclined to form, in an explosive prone mine, that they have been spot checked on the basis of every 15 days.

Now, then, on the basis of the Department of the Interior's information which they have supplied, they are only up to one-third of the provisions of my amendment in the present law in terms of their inspection teams, so I think it is pretty indicative of how serious the problem is when their own statistics show that they are only inspecting or operating at one-third of the level of what the explosive inspection amendment intended to do.

I do want to say, however, that it is a difficult job to get inspectors when you don't have a Director of the Bureau of Mines. We all knew there would be a gearing up problem in terms of getting these people, but unfortunately we have had an inordinate slowdown in the process because of the lack of a head of the Bureau so that we knew there would be a problem of gearing up, we anticipated that, but it has been made tragically complex and complicated by the lack of a head of the Bureau of Mines.

Senator WILLIAMS. Under the time limitations that we are working under this morning, we have only time to thank you gentlemen for this appearance. I will say there might be some loose ends and some facts that are not clear and perhaps when we have the record from the cases, I just have a feeling that when the rank and file members have to come at considerable time and expense to the Senate, that they feel, that they, under the law, have not had their representatives fully engaged in an effort to get this law enforced, and it has not been spelled out clearly to me that the union representatives of the rank and file members have done all that we provided for under the law. There might be other questions that we will have to put to you gentlemen and we will now go to the next phase of our morning hearing, and we thank

you.

Mr. BOYLE. Thank you.

Senator WILLIAMS. We will take a 5-minute recess.

(A brief recess was taken.)

Senator WILLIAMS. Before we call Mr. Nader, I want to announce or say that we have consulted in this recess, and we are not satisfied with all that was stated here about the United Mine Workers role in the Virginia lawsuit, so I am asking Mr. Boyle to return this afternoon and further go into more detail on what was done and what might have been done to expedite the entire business of the enforcement of the coal mine health and safety law.

Senator WILLIAMS. Our next witness is Mr. Ralph Nader who everybody knows has proven himself to be the most effective advocate for the health and safety of our Nation's populace, an outspoken voice in pointing out failure of both industry and Government in these areas,