The deliberate frustration of the will of Congress creates almost a constitutional crisis and requires drastic action. The men who work in the mines are being denied their right to earn their daily bread under safe working conditions by a callously indifferent bureaucracy which is floundering in its own fat. The initial obstacle in the path of the act of enforcement is a big one, the Bureau of Mines, itself. Because the Bureau lacks a capable director, because of the ill-timed reorganization of the Bureau which shuffled existing personnel into policymaking positions for which they were often ill equipped, because of the political appointment of a number of men who lack the expertise and experience in this vital area to high positions within the Department, because of the continuing proindustry bias and production orientation of this Government agency, and because of a number of poorly conceived policy decisions by Department officials, the Department is not enforcing the act. Today, the American coal miner receives less protection from the Federal Government than he did a year ago when this tough new act was still in the process of being drafted. Last year, most of the large mines where 80 percent of this Nation's coal is mined were inspected at least three times. Each of these inspections routinely required 20 man-days to complete. Sometimes these inspections even took longer. The result is that inspection reports were lengthy and authoritative. Today, the Bureau does not conduct such thorough inspections. It has instituted a diluted PBR, an initial for partial but representative inspection system. These PBR's are completed within 2 to 4 man-days. It is the Bureau's stated goal to complete four such inspections of each mine this year. These inspections are to take the place of the regular inspections conducted in previous years. How effective a compromise this can be is best illustrated by one such inspection and its consequences. On April 6, 7, and 8 of this year, a PBR was conducted at the Helen Mining Co. in Homer City, Pa. Miners who worked there told me the inspector never examined the working faces of the mine to determine whether ventilation was adequate. As the honorable Senator knows, inadequate ventilation is the most frequent cause of mine explosions. The inspector did not return to the mine on April 9. The following day, on April 10, at one of the four working faces which had all been operating on only two splits of air a continuous miner ignited a methane bleeder. One man was killed and three seriously injured in this explosion. I am also told that the men at this mine had complained about the lack of adequate ventilation. But it required the death of a miner and the serious injury to three others to abate this unsafe condition. If the facts about this disaster recounted to me are true, I hold the Bureau directly responsible for this predictable tragedy. I have with me the PBR inspection report and the fatality report. I would offer them into evidence before this subcommittee. Senator WILLIAMS. We will receive them for the record. Mr. YABLONSKI. Last year, Congress decreed that the regular inspections then being conducted by the Bureau were not enough to protect miners. Spot inspections were to be made at especially hazardous mines, mines which liberate excessive quantities of methane gas, once every 5 working days. There are about 200 mines so classified by the Bureau. But, in private discussions, Bureau officials have told me this provision of the act will not be fully enforced for another year. We thought the miners should be apprised of their rights under this act and made public a list of these "especially hazardous mines," a list which was not prepared until almost 2 months after the act was effective. I would also like to offer into evidence before the subcommittee a copy of the document which we have prepared, including the enumeration of these especially hazardous mines. Senator WILLIAMS. It will be received into the record. (The information referred to follows:) UNITED STATES DEPARTMENT OF THE INTERIOR COAL-MINE INSPECTION REPORT THE HELEN MINING COMPANY HOMER CITY, INDIANA COUNTY, PENNSYLVANIA April 6-8, 1970 By Stanley J. Smetana A-PBR-1 Federal Building Originating Office Bureau of Mines U. S. Post Office, Johnstown, Pennsylvania 15901 Donald W. Huntley, Subdistrict Manager Johnstown, Pennsylvania, Subdistrict, Coal Mine Safety District A 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 Homer City mine is located about 2 miles south of Homer City, Indiana County, Pennsylvania, The mine is opened by a shaft and an over and under two-compartment slope into the Upper Freeport coalbed. Of the 128 employees, 108 worked underground on 3 shifts a day, and produced an average of 1,100 tons of coal a day. The three-phase alternating-current pump motor at the slope bottom was not provided with adequate overload protection that would deenergize all three phases in the event that any phase is overloaded. A Notice of Violation No. 1 was issued April 6, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on April 8, 1970, and a Notice of Penalty No. 1 pertaining thereto was issued April 6, 1970. This violation was not totally abated in the time set, and a Form 104. (b) extension was issued, extending the time for abatement to 8 a.m., April 15, 1970. Deluge-type water sprays or foam generators automatically actuated by rise in temperatures or other no less effective means approved by the Secretary of controlling fires were not installed on the No. 1 flight belt conveyor drive. A Notice of Violation No. 2 was issued April 6, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on May 15, 1970, and a Notice of Penalty No. 2 pertaining thereto was issued April 6, 1970. Violation Section 75.1100 The waterline along No. 1 flight belt conveyor was not provided with 150 feet of rubber-lined firehose or the equivalent at each firehose cutlet. A Notice of Violation No. 3 was issued April 6, 1970, on Form 104.(b) requiring that this violation be abated by 8 a.m. on May 15, 1970, and a Notice of Penalty No. 3 pertaining thereto was issued April 6, 1970. I The haulage locomotives underground were not equipped with automatic brakes or other devices approved by the Secretary, which are designed to stop the locomotives with the proper margin of safety. A Notice of Violation No. 4 was issued April 6, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on June 19, 1970, and a Notice of Penalty No. 4 pertaining thereto was issued April 6, 1970. Violation Section 75.1715 The employees were not provided with a positive identification check fastened to the lamp belt and made of rust-resistant metal of not less than 16 gage. A Notice of Violation No. 1 was issued April 7, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on April 15, 1970, and a Notice of Penalty No. 1 pertaining thereto was issued April 7, 1970. Self-rescuers were not provided for the miners in 2 right that would protect the miner for 1 hour or longer. A Notice of Violation No. 2 was issued April 7, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on May 15, 1970, and a Notice of Penalty No. 2 pertaining thereto was issued April 7, 1970. Sanitary toilet facilities were not provided in the active workings of 2 right, A Notice of Violation No. 3 was issued April 7, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on May 15, 1970, and a Notice of Penalty No. 3 pertaining thereto was issued April 7, 1970. Potable water for drinking purposes was not provided in the active workings in 2 right. A Notice of Violation No. 4 was issued April 7, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on April 15, 1970, and a Notice of Penalty No. 4 pertaining thereto was issued April 7, 1970. Violation Section 75.1101 Deluge-type water sprays or foam generators automatically actuated by a rise in temperature or other no less effective means approved by the Secretary of controlling fire were not installed at 2 right belt conveyor drive. A Notice of Violation No. 5 was issued April 7, 1970, on Form 104. (b) requiring that this violation be abated by 8 a.m. on May 15, 1970, and a Notice of Penalty No. 5 pertaining thereto was issued April 7, 1970. 47-135 O 71 20 |