Long-awaited mine-safety bill is here

HARRISBURG - A Senate committee today is expected to approve the first overhaul of the state's mine-safety law in almost 50 years.

The comprehensive bill - bogged down for years in contentious negotiations - would create a state board to update safety regulations without legislative approval, and require mining companies, rather than employees, to bear responsibility for accidents.

Mine-safety standards and training would also be strengthened.

While mining companies generally support the measure, the mine workers' union is opposed to it.

Nevertheless, unanimous committee support is expected for the bill, said a spokesman for State Sen. Mary Jo White (R., Venango), chairman of the Senate Environmental Resources and Energy Committee.

"We are all disappointed it took so long, but the end product is a far superior bill than earlier drafts," said Patrick Henderson, White's spokesman and the committee's executive director. "I think it will move expeditiously through the legislature."

Both the House and full Senate would still have to approve the measure.

Passage of the "Bituminous Mine Safety Act" would be historic and symbolic for the nation's fourth-largest coal-producing state, fulfilling pledges made by public officials after a near-disaster at Quecreek mine that trapped nine miners underground for 77 hours in 2002.

"It's a good bill," said Scott Roberts, deputy secretary for mineral resources. "It accomplishes a lot of the goals we set out for ourselves after Quecreek."

A spokesman for Gov. Rendell said the governor supports the bill.

"If the final product reflects the understanding reached and contains no surprises, the governor will sign the bill," said Chuck Ardo.

An association that represents 27 bituminous mining companies in Pennsylvania was originally concerned about the makeup of the regulatory board, but is now on board.

"All things considered, I think we will end up supporting the bill," said George Ellis, president of the Pennsylvania Coal Association.

But the Senate bill is likely to move over the objections of the United Mine Workers, which represent 3,000 miners in Pennsylvania.

"We do not currently support the language in the bill," said Bill Smith, a spokesman for the United Mine Workers. Smith would not provide details, but said certain mine-safety provisions the union had sought were left out of the bill.

Attempts to advance legislation since Quecreek had been slowed by disagreements among the various parties; neither the mine workers, the coal company operators or the Department of Environmental Protection could agree on key provisions.

In the version being voted on today, mine operators - rather than foremen or supervisors, as had been the case - will be held accountable for accidents.

"We knew there were penalties we would have to accept; to be a player we had to give something up," said Ellis.

In addition, both the union and the mine operators will get greater representation on the state regulatory board, which would have the authority to make updates and changes as needed to mining law.

"We never had a mechanism to update the law to address advances in technology," said Ellis. "The last thing you want is to politicize mine safety, and that's what happens with legislation."

The seven-member board will be made up of three union representatives and three mine company officials, along with the secretary of the Department of Environmental Protection, who will chair the board. In order to be approved, new regulations or changes would require the support of five board members.

The bill, sponsored by Sen. Richard A. Kasunic (D., Fayette) was given the symbolic number "949" in honor of Gov. Schweiker's joyful response - "Nine for nine!" - after the successful rescue of all the miners at Quecreek in the early morning of July 28, 2002.

A total of 528 miners have died since 1961 when the state law was last updated, seven of them since Quecreek.

State officials say there is no new provision in the bill that would have prevented the Quecreek incident, where miners, working from outdated maps, accidently breached the walls of a flooded mine.

But they say policy changes taken in the wake of the incident that also will be made into law will help prevent similar accidents. A key requirement is test drilling to detect mine voids before beginning full mining operations.