Rockefeller Statement on UMWA Upper Big Branch Investigation

Statement

Senator Jay Rockefeller released the following statement after a new report from the United Mineworkers of America on the Upper Big Branch mine disaster was released today:

"The UMWA has taken an important step in trying to get to the bottom of this terrible tragedy, which took the lives of 29 men at Upper Big Branch last year. I am tremendously proud of our West Virginia coal miners, and strongly believe that they deserve a safe work environment. It's clear from this and other reports that Massey didn't take the basic steps necessary to protect the miners under their charge. This report reinforces the need to strengthen mine safety protections, and increase our enforcement and accountability, which I have continued to push for.

"We have made some strides with MSHA moving forward to update their regulations and Congress passing my legislation to require mining companies to disclose safety issues in their public business records. But, I remain frustrated at the lack of action in Congress on my legislation to create safer conditions for coal miners, and today I'm once again calling on my colleagues to spare no effort in protecting the men and women who mine our nation's coal."

Background:

Since the disaster at Upper Big Branch last year, Rockefeller led renewed efforts in Congress to protect coal miners on many fronts:

* Pushed the Department of Labor to keep the Upper Big Branch families informed and to increase mine safety enforcement.

* Enacted a new law requiring publicly-traded mining companies to report safety information to their shareholders. The Wall Street Reform law includes language Rockefeller introduced to hold mining companies accountable for their safety records. Specifically, this new law requires publicly-traded mining companies to include serious mine safety violations in their public filings with the Securities and Exchange Commission (SEC). Mining companies that fail to properly disclose this information will face SEC penalties.

* Introduced comprehensive mine safety legislation. Last year, Rockefeller introduced the Robert C. Byrd Mine and Workplace Safety and Health Act. It was reintroduced again in January this year with Senator Joe Manchin. It would:

* Strengthen whistleblower protections for miners that report safety concerns
* Increase Mine Safety and Health Administration (MHSA) oversight and accountability
* Give MSHA improved enforcement tools, and hold irresponsible operators accountable through an improved pattern of violations (POV) process that focuses on rehabilitating unsafe mines
* Reduce safety risks for miners associated with coal dust and make sure that miners communicate with one another about poor conditions

* Secured additional funds for mine safety.In August of last year, the Senate passed the Supplemental Appropriations Act and included $22 million that Rockefeller specifically requested for MSHA and the Federal Mine Safety and Health Review Commission to reduce the appeals backlog, enforce mine safety laws, investigate the Upper Big Branch Disaster, and upgrade emergency response equipment.

* Secured Administrative Changes to the Pattern of Violations (POV) process. Earlier this year, MSHA proposed new regulations to reform the POV process. That proposal incorporated many of the concepts in Rockefeller's mine safety bill -- rehabilitating troubled mines, eliminating the 'potential POV' process so that mines can actually be placed onto pattern status, and eliminating outdated regulations that have allowed certain operators to delay accountability with excessive lawsuits.

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