[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 854 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 854
To improve compliance with mine safety and health laws, empower miners
to raise safety concerns, prevent future mine tragedies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5 (legislative day, April 4), 2017
Mr. Casey (for himself, Mr. Manchin, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve compliance with mine safety and health laws, empower miners
to raise safety concerns, prevent future mine tragedies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Robert C. Byrd
Mine Safety Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY
Sec. 101. Independent accident investigations.
Sec. 102. Subpoena authority and miner rights during inspections and
investigations.
Sec. 103. Designation of miner representative.
Sec. 104. Additional amendments relating to inspections and
investigations.
TITLE II--ENHANCED ENFORCEMENT AUTHORITY
Sec. 201. Technical amendment.
Sec. 202. Procedures and criteria for determining a pattern of
violations.
Sec. 203. Injunctive authority.
Sec. 204. Revocation of approval of plans.
Sec. 205. Challenging a decision to approve, modify, or revoke a coal
or other mine program or plan.
Sec. 206. GAO study on MSHA underground mine plan approval.
TITLE III--PENALTIES
Sec. 301. Civil penalties.
Sec. 302. Civil and criminal liability of officers, directors, and
agents.
Sec. 303. Criminal penalties.
Sec. 304. Commission review of penalty assessments.
Sec. 305. Delinquent payments and prejudgment interest.
TITLE IV--MINERS' RIGHTS AND PROTECTIONS
Sec. 401. Protection from retaliation.
Sec. 402. Protection from loss of pay.
Sec. 403. Underground coal miner employment standard for mines with
patterns of violations.
TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS
Sec. 501. Pre-shift review of mine conditions.
Sec. 502. Rock dust standards.
Sec. 503. Atmospheric monitoring systems.
Sec. 504. Study on respirable dust standards.
Sec. 505. Refresher training on miners' rights and responsibilities.
Sec. 506. Authority to mandate additional training.
Sec. 507. Brookwood-Sago Mine Safety Grants.
Sec. 508. Certification of personnel.
Sec. 509. Electronic records requirement.
TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS
Sec. 601. Definitions.
Sec. 602. Assistance to States.
Sec. 603. Double encumbrance; succession plan.
TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Sec. 701. Coverage of public employees.
Sec. 702. Enhanced protections from retaliation.
Sec. 703. Victims' rights.
Sec. 704. Correction of serious, willful, or repeated violations
pending contest and procedures for a stay.
Sec. 705. Conforming amendments.
Sec. 706. Civil penalties.
Sec. 707. Criminal penalties.
Sec. 708. Penalties.
Sec. 709. Authorization of cooperative agreements by NIOSH Office of
Mine Safety and Health.
Sec. 710. Effective date.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
801 et seq.).
TITLE I--ADDITIONAL INSPECTION AND INVESTIGATION AUTHORITY
SEC. 101. INDEPENDENT ACCIDENT INVESTIGATIONS.
(a) In General.--Section 103(b) (30 U.S.C. 813(b)) is amended--
(1) by striking ``(b) For the purpose'' and inserting the
following:
``(b) Accident Investigations.--
``(1) In general.--For all accident investigations under
this Act, the Secretary shall--
``(A) determine why the accident occurred;
``(B) determine whether there were violations of
law, mandatory health or safety standards, or other
requirements, and if there is evidence of conduct that
may constitute a violation of Federal criminal law, the
Secretary may refer such evidence to the Attorney
General; and
``(C) make recommendations to avoid any recurrence.
``(2) Independent accident investigations.--
``(A) In general.--There shall be, in addition to
an accident investigation under paragraph (1), an
independent investigation by an independent
investigation panel (referred to in this subsection as
the `Panel') appointed under subparagraph (B) for--
``(i) any accident involving 3 or more
deaths; or
``(ii) any accident that is of such
severity or scale for potential or actual harm
that, in the opinion of the Secretary of Health
and Human Services, the accident merits an
independent investigation.
``(B) Appointment.--
``(i) In general.--As soon as practicable
after an accident described in subparagraph
(A), the Secretary of Health and Human Services
shall appoint 5 members for the Panel required
under this paragraph from among individuals who
have expertise in accident investigations, mine
engineering, or mine safety and health that is
relevant to the particular investigation.
``(ii) Chairperson.--The Panel shall
include, and be chaired by, a representative
from the Office of Mine Safety and Health
Research of the National Institute for
Occupational Safety and Health (referred to in
this subsection as `NIOSH').
``(iii) Conflicts of interest.--Panel
members, and staff and consultants assisting
the Panel with an investigation, shall be free
from conflicts of interest with regard to the
investigation, and be subject to the same
standards of ethical conduct for persons
employed by the Secretary of Health and Human
Services.
``(iv) Composition.--The Secretary of
Health and Human Services--
``(I) shall appoint as members of
the Panel--
``(aa) 1 operator of a mine
or individual representing mine
operators; and
``(bb) 1 representative of
a labor organization that
represents miners; and
``(II) may not appoint more than 1
of either type of individuals described
in items (aa) and (bb) as members of
the Panel.
``(v) Staff and expenses.--The Director of
NIOSH (referred to in this subsection as the
`Director') shall designate NIOSH staff to
facilitate the work of the Panel. The Director
may accept as staff personnel on detail from
other Federal agencies or reemploy annuitants.
The detail of personnel under this paragraph
may be on a non-reimbursable basis, and such
detail shall be without interruption or loss of
civil service status or privilege. The Director
shall have the authority to procure on behalf
of the Panel such materials, supplies or
services, including technical experts, as
requested in writing by a majority of the
Panel.
``(vi) Compensation and travel.--All
members of the Panel who are officers or
employees of the United States shall serve
without compensation in addition to that
received for their services as officers or
employees of the United States. Each Panel
member who is not an officer or employee of the
United States shall be compensated at a rate
equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of
title 5, United States Code, for each day
(including travel time) during which such
member is engaged in the performance of duties
of the Panel. The members of the Panel shall be
allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter 57 of title 5, United States Code,
while away from their homes or regular places
of business in the performance of services for
the Panel.
``(C) Duties.--The Panel shall--
``(i) assess and identify any factors that
caused the accident, including deficiencies in
safety management systems, regulations,
enforcement, industry practices or guidelines,
or organizational failures;
``(ii) identify and evaluate any
contributing actions or inactions of--
``(I) the operator;
``(II) any contractors or other
persons engaged in mining-related
functions at the site;
``(III) any State agency with
oversight responsibilities;
``(IV) any agency or office within
the Department of Labor;
``(V) the Federal Mine Safety and
Health Review Commission; or
``(VI) any other person or entity
(including equipment manufacturers);
``(iii) review the determinations and
recommendations of the Secretary under
paragraph (1);
``(iv) prepare a report that--
``(I) includes the findings
regarding the causal factors described
in clauses (i) and (ii);
``(II) identifies any strengths and
weaknesses in the Secretary's
investigation; and
``(III) includes recommendations,
including interim recommendations where
appropriate, to industry, labor
organizations, State and Federal
agencies, or Congress, regarding
policy, regulatory, enforcement,
administrative, or other changes,
which, in the judgment of the Panel,
would prevent a recurrence at other
mines; and
``(v) publish such findings and
recommendations (excluding any portions which
the Attorney General requests that the
Secretary withhold in relation to a criminal
referral) and hold public meetings to inform
the mining community and families of affected
miners of the Panel's findings and
recommendations.
``(D) Hearings; applicability of certain federal
law.--The Panel shall have the authority to conduct
public hearings or meetings, but shall not be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
All public hearings of the Panel shall be subject to
the requirements under section 552b of title 5, United
States Code.
``(E) Memorandum of understanding.--Not later than
90 days after the date of enactment of the Robert C.
Byrd Mine Safety Protection Act of 2017, the Secretary
of Labor and the Secretary of Health and Human Services
shall conclude and publically issue a memorandum of
understanding that--
``(i) outlines administrative arrangements
which will facilitate a coordination of efforts
between the Secretary of Labor and the Panel,
ensures that such Secretary's investigation
under paragraph (1) is not delayed or otherwise
compromised by the activities of the Panel, and
establishes a process to resolve any conflicts
between such investigations;
``(ii) ensures that Panel members or staff
will be able to participate in investigation
activities (such as mine inspections and
interviews) related to the Secretary of Labor's
investigation and will have full access to
documents that are assembled or produced in
such investigation, and ensures that the
Secretary of Labor will make available to the
Panel all of the authority provided under this
section to such Secretary relating to obtaining
information and witnesses, which may be
requested by the Panel; and
``(iii) establishes such other arrangements
as are necessary to implement this paragraph.
``(F) Procedures.--Not later than 90 days after the
date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2017, the Secretary of Health and
Human Services shall establish procedures to ensure the
consistency and effectiveness of Panel investigations.
In establishing such procedures, such Secretary shall
consult with independent safety investigation agencies,
sectors of the mining industry, representatives of
miners, families of miners involved in fatal accidents,
State mine safety agencies, and mine rescue
organizations. Such procedures shall include--
``(i) authority for the Panel to use
evidence, samples, interviews, data, analyses,
findings, or other information gathered by the
Secretary of Labor, as the Panel determines
valid;
``(ii) provisions to ensure confidentiality
if requested by any witness, to the extent
permitted by law, and prevent conflicts of
interest in witness representation; and
``(iii) provisions for preservation of
public access to the Panel's records through
the Secretary of Health and Human Services.
``(G) Subpoenas; witnesses; contempt.--
``(i) Subpoena authority.--For the purpose
of making any investigation of any accident or
other occurrence relating to health or safety
in a coal or other mine under this paragraph,
the Director shall at the request of a majority
of the Panel, or upon the initiative of such
Director, sign and issue subpoenas for the
attendance and testimony of witnesses and the
production of relevant papers, books, and
documents, and administer oaths. Witnesses
summoned shall be paid the same fees and
mileage that are paid witnesses in the courts
of the United States.
``(ii) Additional investigative
authority.--In carrying out inspections and
investigations under this paragraph, the staff
of the Director or Panel and attorneys
representing the Director or Panel are
authorized to question any individual
privately. Under this subparagraph, any
individual who is willing to speak with or
provide a statement to the Director or Panel's
staff or their attorneys, may do so without the
presence, involvement, or knowledge of the
operator or the operator's agents or attorneys.
The Director or Panel shall keep the identity
of an individual providing such a statement
confidential to the extent permitted by law.
Nothing in this paragraph prevents any
individual from being represented by that
individual's personal attorney or other
representative.
``(3) Powers and processes.--For the purpose''; and
(2) by striking ``give testimony before the Secretary or to
appear and produce documents before the Secretary'' and
inserting ``give testimony before the Secretary (or, in the
case of a subpoena under paragraph (2)(G), the Director or
Panel) and produce documents before the Secretary (or, in such
case, the Director or Panel)''.
(b) Reporting Requirements.--Section 511(a) (30 U.S.C. 958(a)) is
amended by inserting after ``501,'' the following: ``the status of
implementation of recommendations from each independent investigation
panel under section 103(b)(2) received in the preceding 5 years,''.
SEC. 102. SUBPOENA AUTHORITY AND MINER RIGHTS DURING INSPECTIONS AND
INVESTIGATIONS.
Section 103(b) (30 U.S.C. 813(b)), as so amended, is further
amended by adding at the end the following:
``(4) Additional powers.--In carrying out inspections and
investigations under this subsection, authorized
representatives of the Secretary and attorneys representing the
Secretary are authorized to question any individual privately.
Under this section, any individual who is willing to speak with
or provide a statement to such authorized representatives or
attorneys representing the Secretary may do so without the
presence, involvement, or knowledge of the operator or the
operator's agents or attorneys. The Secretary shall keep the
identity of an individual providing such a statement
confidential to the extent permitted by law. Nothing in this
paragraph prevents any individual from being represented by
that individual's personal attorney or other representative.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection such sums as
may be necessary.''.
SEC. 103. DESIGNATION OF MINER REPRESENTATIVE.
Section 103(f) (30 U.S.C. 813(f)) is amended by inserting before
the last sentence the following: ``If any miner is entrapped, disabled,
killed, or otherwise prevented as the result of an accident in such
mine from designating such a representative directly, such miner's
closest relative may act on behalf of such miner in designating such a
representative. If any miner is not currently working in such mine as
the result of an accident in such mine, but would be currently working
in such mine but for such accident, such miner may designate such a
representative. A representative of miners shall have the right to
participate in any accident investigation the Secretary initiates
pursuant to subsection (b), including the right to participate in
investigative interviews and to review all relevant papers, books,
documents, and records produced in connection with the accident
investigation, unless the Secretary, in consultation with the Attorney
General, excludes representatives of miners from the investigation on
the grounds that inclusion would interfere with or adversely impact a
criminal investigation that is pending or under consideration.''.
SEC. 104. ADDITIONAL AMENDMENTS RELATING TO INSPECTIONS AND
INVESTIGATIONS.
(a) Hours of Inspections.--Section 103(a) (30 U.S.C. 813(a)) is
amended by inserting after the third sentence the following: ``Such
inspections shall be conducted during the various shifts and days of
the week during which miners are normally present in the mine to ensure
that the protections of this Act are afforded to all miners working all
shifts.''.
(b) Review of Pattern of Violations.--Section 103(a) (30 U.S.C.
813(a)), as so amended, is further amended by inserting before the last
sentence the following: ``Upon request by an operator or authorized
representative of such operator, during the course of the inspections
required to carry out the requirements of clauses (3) and (4) or (at
the discretion of the Secretary) during the pre-inspection conference,
the Secretary shall review with the appropriate mine officials the
Secretary's most recent determination regarding whether such operator
has a pattern of violations under section 104(e) for the applicable
coal or other mine.''.
(c) Injury and Illness Reporting.--Section 103(d) (30 U.S.C.
813(d)) is amended by striking the last sentence and inserting the
following: ``The records to be kept and made available by the operator
of the mine shall include man-hours worked, and occupational injuries
and illnesses, of the miners employed by, or under the direction or
authority of, such operator, and shall be maintained separately for
each mine and be reported at a frequency determined by the Secretary,
but not less than annually. Independent contractors (within the meaning
of section 3(d)) shall be responsible for reporting accidents,
occupational injuries and illnesses, and man-hours worked for each mine
with respect to the miners in their employ or under their direction or
authority. Such independent contractors shall so report at a frequency
determined by the Secretary, but not less than annually. Reports or
records of operators required and submitted to the Secretary under this
subsection shall be signed and certified as accurate and complete by a
knowledgeable and responsible person possessing a certification,
registration, qualification, or other approval under section 118.
Knowingly falsifying such reports or records shall be grounds for
revoking such certification, registration, qualification, or other
approval under the standards established under subsection (b)(1) of
such section.''.
(d) Orders Following an Accident.--Section 103(k) (30 U.S.C.
813(k)) is amended by striking ``, when present,''.
(e) Conflict of Interest in the Representation of Miners.--Section
103(a) (30 U.S.C. 813(a)), as amended by this section, is further
amended by adding at the end the following: ``During inspections and
investigations under this section, and during any litigation under this
Act, no attorney shall represent or purport to represent both the
operator of a coal or other mine and any other individual, unless such
individual has knowingly and voluntarily waived all actual and
reasonably foreseeable conflicts of interest resulting from such
representation. The Secretary is authorized to take such actions as the
Secretary considers appropriate to ascertain whether such individual
has knowingly and voluntarily waived all such conflicts of interest. If
the Secretary finds that such an individual cannot be represented
adequately by such an attorney due to such conflicts of interest, the
Secretary may petition the appropriate United States district court
which shall have jurisdiction to disqualify such attorney as counsel to
such individual in the matter. The Secretary may make such a motion as
part of an ongoing related civil action or as a miscellaneous
action.''.
TITLE II--ENHANCED ENFORCEMENT AUTHORITY
SEC. 201. TECHNICAL AMENDMENT.
Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amended--
(1) in the first sentence--
(A) by striking ``any mandatory health or safety
standard'' and inserting ``any provision of this Act,
including any mandatory health or safety standard or
regulation promulgated under this Act''; and
(B) by striking ``such mandatory health or safety
standards'' and inserting ``such provisions,
regulations, or mandatory health or safety standards'';
and
(2) in the second sentence, by striking ``any mandatory
health or safety standard'' and inserting ``any provision of
this Act, including any mandatory health or safety standard or
regulation promulgated under this Act,''.
SEC. 202. PROCEDURES AND CRITERIA FOR DETERMINING A PATTERN OF
VIOLATIONS.
Section 104(e)(4) is amended to read as follows:
``(4) The criteria for determining when a pattern of
violations of mandatory health or safety standards exists, and
the requirements for the issuance and termination of notice of
a pattern of violations, shall be the criteria and requirements
in the regulations promulgated by the Secretary under part 104
of chapter I of title 30, Code of Federal Regulations, as
published on January 23, 2013.''.
SEC. 203. INJUNCTIVE AUTHORITY.
Section 108(a)(2) (30 U.S.C. 818(a)(2)) is amended by striking ``a
pattern of violation of'' and all that follows through the period and
inserting ``a course of conduct that in the judgment of the Secretary
constitutes a continuing hazard to the health or safety of miners,
including violations of this Act or of mandatory health or safety
standards or regulations under this Act.''.
SEC. 204. REVOCATION OF APPROVAL OF PLANS.
Section 105 (30 U.S.C. 815) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) in subsection (a), by striking ``subsection (d)'' and
inserting ``subsection (e)''; and
(3) by inserting after subsection (c) the following:
``(d) Revocation of Approval of Programs or Plans.--
``(1) Revocation.--If the Secretary finds that any program
or plan of an operator, or part thereof, that was approved by
the Secretary under this Act is based on inaccurate information
or that circumstances that existed when such program or plan
was approved have materially changed and that continued
operation of such mine or an area of such mine under such
program or plan constitutes a hazard to the safety or health of
miners, the Secretary shall revoke the approval of such program
or plan.
``(2) Withdrawal orders.--Upon revocation of the approval
of a program or plan under paragraph (1), the Secretary may
immediately issue an order requiring the operator to cause all
persons, except those persons referred to in section 104(c), to
be withdrawn from such mine or an area of such mine, and to be
prohibited from entering such mine or such area, until the
operator has submitted and the Secretary has approved a new
plan.''.
SEC. 205. CHALLENGING A DECISION TO APPROVE, MODIFY, OR REVOKE A COAL
OR OTHER MINE PROGRAM OR PLAN.
Section 105(e) (30 U.S.C. 815(e)), as so redesignated by section
204(1), is amended by adding at the end the following: ``In any
proceeding in which a party challenges the Secretary's decision whether
to approve, modify, or revoke a coal or other mine program or plan
under this Act, the Commission shall affirm the Secretary's decision
unless the challenging party establishes that such decision was
arbitrary, capricious, an abuse of discretion, or otherwise not in
accordance with law.''.
SEC. 206. GAO STUDY ON MSHA UNDERGROUND MINE PLAN APPROVAL.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall provide a report to
Congress on the timeliness of approval by the Mine Safety and Health
Administration of plans, and amendments to such plans, for underground
coal mines under the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 801 et seq.), including--
(1) factors that contribute to any delays in the approval
of such plans; and
(2) as appropriate, recommendations for improving
timeliness of plan review and for achieving prompt decisions
regarding such approval.
TITLE III--PENALTIES
SEC. 301. CIVIL PENALTIES.
(a) Targeted Penalties.--Section 110(b) (30 U.S.C. 820(b)) is
amended by adding at the end the following:
``(3) Any person may be assessed a civil penalty of not
more than $220,000 for--
``(A) any change to a ventilation system or
ventilation control in a coal or other mine, where such
ventilation system or control is required by a
ventilation plan, safety standard, or order, and such
change is made without prior approval of the Secretary
and diminishes the level of protection below the
minimum requirements of the approved ventilation plan
or applicable safety standard or order;
``(B) a violation of a mandatory health or safety
standard requiring rock dusting in a coal mine;
``(C) a violation of the prohibition under section
103 on providing advance notice of an inspection; or
``(D) a violation of a mandatory health or safety
standard requiring examinations of work areas in an
underground coal mine.''.
(b) Increased Civil Penalties for Patterns of Violations.--Section
110(b) (30 U.S.C. 820(b)), as so amended, is further amended by adding
at the end the following:
``(4) Notwithstanding any other provision of this Act, an operator
of a coal or other mine that has established a pattern of violations
under section 104(e) shall be assessed an increased civil penalty for
any violation of this Act, including any mandatory health or safety
standard or regulation promulgated under this Act. Such increased
penalty shall be twice the amount that would otherwise be assessed for
the violation under this Act, including the regulations promulgated
under this Act, subject to the maximum civil penalty established for
the violation under this Act.''.
(c) Civil Penalty for Retaliation.--Section 110(a) (30 U.S.C.
820(a)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) If any person violates section 105(c), the Secretary shall
propose, and the Commission shall assess, a civil penalty of not less
than $10,000 or more than $100,000 for the first occurrence of such
violation, and not less than $20,000 or more than $200,000 for any
subsequent violation, during any 3-year period.''.
(d) Technical Amendment.--Section 110(a)(1) (30 U.S.C. 820(a)(1))
is amended by inserting ``including any regulation promulgated under
this Act,'' after ``this Act,''.
SEC. 302. CIVIL AND CRIMINAL LIABILITY OF OFFICERS, DIRECTORS, AND
AGENTS.
Section 110(c) (30 U.S.C. 820(c)) is amended to read as follows:
``(c) Civil and Criminal Liability of Officers, Directors, and
Agents.--
``(1) Civil penalties.--Whenever an operator engages in
conduct for which the operator is subject to a civil penalty
under this section, any director, officer, or agent of such
operator who knowingly authorizes, orders, or carries out such
conduct, or who knowingly authorizes, orders, or carries out
any policy or practice that results in such conduct (having
reason to believe such a result would occur), shall be subject
to the same civil penalty under this section as such operator.
``(2) Criminal penalties.--Whenever an operator engages in
conduct for which the operator is subject to a criminal penalty
under subsection (d), any director, officer, or agent of such
operator who knowingly authorizes, orders, or carries out such
conduct, or who knowingly authorizes, orders, or carries out a
policy or practice that results in such conduct (knowing that
such a result would occur), shall be subject to the same
penalty under paragraph (1), (2), or (3) of subsection (d) as
such operator.''.
SEC. 303. CRIMINAL PENALTIES.
(a) In General.--Section 110(d) (30 U.S.C. 820(d)) is amended to
read as follows:
``(d) Criminal Penalties.--
``(1) In general.--Subject to paragraph (2), any operator
shall, upon conviction, be assessed a fine of not more than
$250,000, imprisoned for not more than 1 year, or both, if such
operator knowingly--
``(A) violates a mandatory health or safety
standard; or
``(B) violates (or fails or refuses to comply with)
any order issued under section 104 or 107, or any order
incorporated in a final decision issued under this Act
(except an order incorporated in a decision under
subsection (a)(1) or section 105(c)).
``(2) Previous conviction.--Any operator who commits a
violation under paragraph (1) after having been previously
convicted of a violation under such paragraph and knows or has
reason to know that such subsequent violation has the potential
to expose a miner to a risk of serious injury, serious illness,
or death, shall, upon such subsequent conviction, be fined not
more than $1,000,000, or imprisoned for not more than 5 years,
or both.
``(3) Significant risk of serious injury, serious illness,
or death.--
``(A) In general.--Subject to subparagraph (B), any
operator shall, upon conviction, be fined not more than
$1,000,000 or imprisoned for not more than 5 years, or
both, if such operator recklessly exposes a miner to a
significant risk of serious injury, serious illness, or
death, by knowingly--
``(i) tampering with or disabling a
required safety device (except with express
authorization from the Secretary);
``(ii) violating a mandatory health or
safety standard; or
``(iii) violating (or failing or refusing
to comply with) an order issued under section
104 or 107, or any order incorporated in a
final decision issued under this Act (except an
order incorporated in a decision under
subsection (a)(1) or section 105(c)).
``(B) Exception.--Any operator who commits a
violation under subparagraph (A) after having been
previously convicted of a violation under such
subparagraph shall, upon such subsequent conviction, be
fined not more than $2,000,000, or imprisoned for not
more than 10 years, or both.
``(4) Interference with employment or livelihood.--
``(A) In general.--Any operator shall be fined
under title 18, United States Code, imprisoned for not
more than 5 years, or both, if such operator knowingly,
and with any intent described in subparagraph (B),
interferes with the lawful employment or livelihood of
a person, or the spouse, sibling, child, or parent of a
person, because such person, spouse, sibling, child, or
parent provides information, in reasonable belief that
such information is true and related to an apparent
health or safety violation (or to an apparent unhealthy
or unsafe condition, policy, or practice) under this
Act, to an authorized representative of the Secretary,
to a State or local mine safety or health officer or
official, or to any other law enforcement officer or
official.
``(B) Intent.--The intent required under
subparagraph (A) is the intent to--
``(i) retaliate against a person, spouse,
sibling, child, or parent described in such
subparagraph; or
``(ii) prevent such person, spouse,
sibling, child, or parent from providing the
information as described in such
subparagraph.''.
(b) Advance Notice of Inspections.--
(1) In general.--Section 110(e) (30 U.S.C. 820(e)) is
amended to read as follows:
``(e) Advance Notice of Inspections.--
``(1) In general.--Subject to paragraph (2), any person
(other than the Secretary of Health and Human Services with
respect to inspections under clauses (1) and (2) of section
103(a)) who knowingly, with the intent to give advance notice
of an inspection conducted, or to be conducted, under this Act
and thereby with the intent to impede, interfere with, or
frustrate such inspection, engages in, or directs another
person to engage in, conduct that a reasonable person would
expect to result in such advance notice, shall be fined under
title 18, United States Code, imprisoned for not more than 5
years, or both.
``(2) Offense by a miner.--Any miner (other than a
director, officer, or agent of the operator involved) who
commits the offense described in paragraph (1) at the direction
of a superior shall be fined under title 18, United States
Code, imprisoned not more than 1 year, or both, unless such
miner commits a subsequent offense under this subsection
(without regard to whether the offense was committed at the
direction of a superior) in which case such miner shall be
fined for such subsequent offense under title 18, United States
Code, imprisoned for not more than 5 years, or both.''.
(2) Posting of advance notice penalties.--Section 109 (30
U.S.C. 819) is amended by adding at the end the following:
``(e) Posting of Advance Notice Penalties.--Each operator of a coal
or other mine shall post, on the bulletin board described in subsection
(a) and in a conspicuous place near each staffed entrance to the mine
property, a notice stating, in a form and manner to be prescribed by
the Secretary--
``(1) that it is unlawful under section 110(e) for any
person (other than the Secretary of Health and Human Services
with respect to inspections under clauses (1) and (2) of
section 103(a)), with the intent to impede, interfere with, or
frustrate an inspection conducted or to be conducted under this
Act, to engage in, or direct another person to engage in, any
conduct that a reasonable person would expect to result in
advance notice of such inspection; and
``(2) the maximum penalties for a violation under section
110(e).''.
SEC. 304. COMMISSION REVIEW OF PENALTY ASSESSMENTS.
Section 110(i) (30 U.S.C. 820(i)) is amended by striking ``In
assessing civil monetary penalties, the Commission shall consider'' and
inserting the following: ``In any review of a citation and proposed
penalty assessment contested by an operator, the Commission shall
assess not less than the penalty derived by using the same methodology
(including any point system) prescribed in regulations under this Act,
so as to ensure consistency in operator penalty assessments, except
that the Commission may assess a penalty for less than the amount that
would result from the utilization of such methodology if the Commission
finds that there are extraordinary circumstances. If there is no such
methodology prescribed for a citation or there are such extraordinary
circumstances, the Commission shall assess the penalty by
considering''.
SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT INTEREST.
(a) Pre-Final Order Interest.--Section 110(j) (30 U.S.C. 820(j)) is
amended by striking the second and third sentences and inserting the
following: ``Pre-final order interest on such penalties shall begin to
accrue on the date the operator contests a citation issued under this
Act, including any mandatory health or safety standard or regulation
promulgated under this Act, and shall end upon the issuance of the
final order. Such pre-final order interest shall be calculated at the
current underpayment rate determined by the Secretary of the Treasury
pursuant to section 6621 of the Internal Revenue Code of 1986, and
shall be compounded daily. Post-final order interest shall begin to
accrue 30 days after the date a final order of the Commission or the
court is issued, and shall be charged at the rate of 8 percent per
annum.''.
(b) Ensuring Payment of Penalties.--
(1) Amendments.--Section 110 (30 U.S.C. 820) is further
amended--
(A) by redesignating subsection (l) as subsection
(m); and
(B) by inserting after subsection (k) the
following:
``(l) Ensuring Payment of Penalties.--
``(1) Delinquent payment letter.--If the operator of a coal
or other mine fails to pay any civil penalty assessment that
has become a final order of the Commission or a court within 45
days after such assessment became a final order, the Secretary
shall send the operator a letter advising the operator of the
consequences under this subsection of such failure to pay. The
letter shall also advise the operator of the opportunity to
enter into or modify a payment plan with the Secretary based
upon a demonstrated inability to pay, the procedure for
entering into such plan, and the consequences of not entering
into or not complying with such plan.
``(2) Withdrawal orders following failure to pay.--If an
operator that receives a letter under paragraph (1) has not
paid the assessment by the date that is 180 days after such
assessment became a final order and has not entered into a
payment plan with the Secretary, the Secretary shall issue an
order requiring such operator to cause all persons, except
those referred to in section 104(c), to be withdrawn from, and
to be prohibited from entering, the mine that is covered by the
final order described in paragraph (1), until the operator pays
such assessment in full (including interest and administrative
costs) or enters into a payment plan with the Secretary. If
such operator enters into a payment plan with the Secretary and
at any time fails to comply with the terms specified in such
payment plan, the Secretary shall issue an order requiring such
operator to cause all persons, except those referred to in
section 104(c), to be withdrawn from the mine that is covered
by such final order, and to be prohibited from entering such
mine, until the operator rectifies the noncompliance with the
payment plan in the manner specified in such payment plan.''.
(2) Applicability and effective date.--The amendments made
by paragraph (1) shall apply to all unpaid civil penalty
assessments under the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.), except that, for any unpaid civil
penalty assessment that became a final order of the Commission
or a court before the date of enactment of this Act, the time
periods under section 110(l) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 820(l)), as so amended, shall be
calculated as beginning on the date of enactment of this Act
instead of on the date of the final order.
TITLE IV--MINERS' RIGHTS AND PROTECTIONS
SEC. 401. PROTECTION FROM RETALIATION.
Section 105(c) (30 U.S.C. 815(c)) is amended to read as follows:
``(c) Protection From Retaliation.--
``(1) Retaliation prohibited.--
``(A) Retaliation for complaint or testimony.--No
person shall discharge, or in any manner discriminate
against, cause to be discharged, cause discrimination
against, or otherwise interfere with the exercise of
the statutory rights of, any miner or other employee of
an operator, representative of miners, or applicant for
employment at a mine of such operator (including the
spouse, sibling, child, or parent of such miner,
employee, representative, or applicant, if such spouse,
sibling, child, or parent is employed or applying for
employment at a mine under the control of such
operator)--
``(i) because such miner, employee,
representative, or applicant--
``(I) has filed or made a
complaint, or is about to file or make
a complaint, including a complaint
notifying such operator or the
operator's agent, or the representative
of the miners at such mine, of an
alleged danger or safety or health
violation in such mine;
``(II) has instituted or caused to
be instituted, or is about to institute
or cause to be instituted, any
proceeding under or related to this
Act;
``(III) has testified, or is about
to testify, in any such proceeding or
has testified, or is about to testify,
before Congress or in any Federal or
State proceeding related to safety or
health in a coal or other mine;
``(IV) has exercised on behalf of
any individual, including such miner,
employee, representative, or applicant,
any such statutory right;
``(V) has reported to such operator
or agent any injury or illness; or
``(VI) has refused to violate any
provision of this Act, including any
mandatory health or safety standard or
regulation promulgated under this Act;
``(ii) because such miner is the subject of
medical evaluations and potential transfer
under a standard published pursuant to section
101; or
``(iii) where the discharge,
discrimination, or other interference was based
on a suspicion or belief that such miner,
employee, representative, or applicant engaged
in, or is about to engage in, any of the
activities described in clause (i).
``(B) Retaliation for refusal to perform duties.--
``(i) In general.--No person shall
discharge or in any manner discriminate against
a miner or other employee of an operator, or
applicant for employment at a mine of such
operator, for refusing to perform the duties of
a miner, other employee, or applicant if such
miner, other employee, or applicant has a good-
faith and reasonable belief that performing
such duties would pose a safety or health
hazard to such miner, other employee, or
applicant, or to any other miner or employee.
``(ii) Standard.--For purposes of clause
(i), the circumstances causing the miner's,
other employee's, or applicant's good-faith
belief that performing such duties would pose a
safety or health hazard shall be of such a
nature that a reasonable person, under the
circumstances confronting the miner, other
employee, or applicant, would conclude that
there is such a hazard. In order to qualify for
protection under this paragraph, the miner,
other employee, or applicant, when practicable,
shall have communicated or attempted to
communicate the safety or health concern to the
operator and have not received from the
operator a response reasonably calculated to
allay such concern.
``(2) Complaint.--Any miner or other employee of an
operator, representative of miners, or applicant for employment
at a mine of such operator who believes that he or she has been
discharged, disciplined, or otherwise discriminated against by
any person in violation of paragraph (1) may file a complaint
with the Secretary alleging such discrimination not later than
180 days after the later of--
``(A) the last date on which an alleged violation
of paragraph (1) occurs; or
``(B) the date on which such miner, employee,
representative, or applicant knows or should reasonably
have known that such alleged violation occurred.
``(3) Investigation and hearing.--
``(A) Commencement of investigation and initial
determination.--Upon receipt of a complaint under
paragraph (2), the Secretary shall--
``(i) forward a copy of the complaint to
the respondent;
``(ii) commence an investigation within 15
days of the Secretary's receipt of the
complaint; and
``(iii) as soon as practicable after
commencing the investigation under clause (ii),
make the determination required under
subparagraph (B).
``(B) Reinstatement.--If the Secretary finds that a
complaint under paragraph (2) was not frivolously
brought, the Commission, on an expedited basis upon
application of the Secretary, shall order the immediate
reinstatement of the miner, employee, or representative
described in such paragraph until there has been a
final Commission order disposing of the underlying
complaint. If either the Secretary or such miner,
employee, or representative pursues the underlying
complaint, such reinstatement shall remain in effect
until the Commission has disposed of such complaint on
the merits, regardless of whether the Secretary pursues
such complaint by filing a complaint under subparagraph
(D) or the miner or other employee pursues such
complaint by filing an action under paragraph (4). If
neither the Secretary nor such miner, employee, or
representative pursues the underlying complaint within
the periods specified in paragraph (4), such
reinstatement shall remain in effect until such time as
the Commission may, upon motion of the operator and
after providing notice and an opportunity to be heard
to the parties, vacate such complaint for failure to
prosecute.
``(C) Investigation.--Such investigation shall
include interviewing the complainant and--
``(i) providing the respondent an
opportunity to submit to the Secretary a
written response to the complaint and to
present statements from witnesses or provide
evidence; and
``(ii) providing the complainant an
opportunity to receive any statements or
evidence provided to the Secretary and to
provide additional information or evidence, or
to rebut any statements or evidence.
``(D) Action by the secretary.--If, upon such
investigation, the Secretary determines that the
provisions of this subsection have been violated, the
Secretary shall immediately file a complaint with the
Commission, with service upon the alleged violator and
the miner, employee, representative, or applicant
described in paragraph (2) alleging such discrimination
or interference and propose an order granting
appropriate relief.
``(E) Action of the commission.--The Commission
shall afford an opportunity for a hearing on the record
(in accordance with section 554 of title 5, United
States Code, but without regard to subsection (a)(3) of
such section) and thereafter shall issue an order,
based upon findings of fact, affirming, modifying, or
vacating the Secretary's proposed order, or directing
other appropriate relief. Such order shall become final
30 days after its issuance. The complaining miner,
employee, representative, or applicant described in
paragraph (2) may present additional evidence on his or
her own behalf during any hearing held pursuant to this
paragraph.
``(F) Relief.--The Commission shall have authority
in such proceedings to require a person committing a
violation of this subsection to take such affirmative
action to abate the violation and prescribe a remedy as
the Commission considers appropriate, including--
``(i) the rehiring or reinstatement of the
miner, employee, or representative described in
paragraph (2) with back pay and interest and
without loss of position or seniority, and
restoration of the terms, rights, conditions,
and privileges associated with the
complainant's employment;
``(ii) any other compensatory and
consequential damages sufficient to make the
complainant whole, and exemplary damages where
appropriate; and
``(iii) expungement of all warnings,
reprimands, or derogatory references that have
been placed in paper or electronic records or
databases of any type relating to the actions
by the complainant that gave rise to the
unfavorable personnel action, and, at the
complainant's direction, transmission of a copy
of the decision on the complaint to any person
whom the complainant reasonably believes may
have received such unfavorable information.
``(4) Notice to and action of complainant.--
``(A) Notice to complainant.--Not later than 90
days after the receipt of a complaint filed under
paragraph (2), the Secretary shall notify, in writing,
the miner, employee, representative, or applicant
described in paragraph (2) of the determination of such
Secretary on whether a violation has occurred.
``(B) Action of complainant.--If the Secretary,
upon investigation, determines that the provisions of
this subsection have not been violated, the complainant
shall have the right, within 30 days after receiving
notice of the Secretary's determination, to file an
action in his or her own behalf before the Commission,
charging discrimination or interference in violation of
paragraph (1).
``(C) Hearing and decision.--The Commission shall
afford an opportunity for a hearing on the record (in
accordance with section 554 of title 5, United States
Code, but without regard to subsection (a)(3) of such
section), and thereafter shall issue an order, based
upon findings of fact, dismissing or sustaining the
complainant's charges and, if the charges are
sustained, granting such relief as it deems appropriate
as described in paragraph (3)(F). Such order shall
become final 30 days after its issuance.
``(5) Burden of proof.--In adjudicating a complaint
pursuant to this subsection, the Commission may determine that
a violation of paragraph (1) has occurred only if the
complainant demonstrates that any conduct described in
paragraph (1) with respect to the complainant was a
contributing factor in the adverse action alleged in the
complaint. A decision or order that is favorable to the
complainant shall not be issued pursuant to this subsection if
the respondent demonstrates by clear and convincing evidence
that the respondent would have taken the same adverse action in
the absence of such conduct.
``(6) Attorneys' fees.--Whenever an order is issued
sustaining the complainant's charges under this subsection, a
sum equal to the aggregate amount of all costs and expenses,
including attorney's fees, as determined by the Commission to
have been reasonably incurred by the complainant for, or in
connection with, the institution and prosecution of such
proceedings shall be assessed against the person committing
such violation. The Commission shall determine whether such
costs and expenses were reasonably incurred by the complainant
without reference to whether the Secretary also participated in
the proceeding.
``(7) Expedited proceedings; judicial review.--Proceedings
under this subsection shall be expedited by the Secretary and
the Commission. Any order issued by the Commission under this
subsection shall be subject to judicial review in accordance
with section 106. Violations by any person of paragraph (1)
shall be subject to the provisions of sections 108 and
110(a)(4).
``(8) Procedural rights.--The rights and remedies provided
for in this subsection may not be waived by any agreement,
policy, form, or condition of employment, including by any pre-
dispute arbitration agreement or collective bargaining
agreement.
``(9) Savings.--Nothing in this subsection shall be
construed to diminish the rights, privileges, or remedies of
any individual who exercises rights under any Federal or State
law or common law, or under any collective bargaining
agreement.''.
SEC. 402. PROTECTION FROM LOSS OF PAY.
Section 111 (30 U.S.C. 821) is amended to read as follows:
``SEC. 111. ENTITLEMENT OF MINERS.
``(a) Protection From Loss of Pay.--
``(1) Withdrawal orders.--
``(A) Shifts at time of order.--If a coal or other
mine, or an area of such mine, is closed by an order
issued under section 103, 104, 107, 108, or 110, all
miners working during the shift when such order was
issued who are idled by such order shall be entitled,
regardless of the result of any review of such order,
to full compensation by the operator at their regular
rates of pay for the period during which they are so
idled, but for not more than the balance of such shift.
``(B) Subsequent shifts.--If such order is not
terminated prior to the working shift succeeding the
shift described in subparagraph (A), all miners
assigned to such succeeding shift who are idled by such
order shall be entitled to compensation by the operator
at their regular rates of pay for the period during
which they are so idled, but not for more than one half
of the hours of such shift, or 4 hours of such shift,
whichever is greater.
``(C) Extended closures.--If a coal or other mine,
or an area of such mine, is closed by an order issued
under section 103, 104, 107, 108, or 110, all miners
who are idled by such order, for a shift succeeding the
shift described in subparagraph (B), shall be entitled,
regardless of the result of any review of such order,
to full compensation by the operator at their regular
rates of pay and in accordance with their regular
schedules of pay for the period for which they are
idled, but not for more than 60 days.
``(2) Closure in advance of order.--
``(A) In general.--If the Secretary determines that
a coal or other mine, or an area of such mine, was
closed by the operator in anticipation of the issuance
of an order described in paragraph (1), all miners who
are idled by such closure shall be entitled, subject to
subparagraph (B), to full compensation by the operator
at their regular rates of pay and in accordance with
their regular schedules of pay, from the time of such
closure until such time as the Secretary authorizes
reopening of such mine or such area, but not for more
than 60 days.
``(B) Exception.--The entitlement under
subparagraph (A) shall not apply if an operator
promptly withdraws miners upon discovery of a hazard
and notifies the Secretary, where required and within
the prescribed time period.
``(3) Refusal to comply.--Whenever an operator violates or
fails or refuses to comply with any order issued under section
103, 104, 107, 108, or 110, all miners employed at the affected
mine who would have been withdrawn from, or prevented from
entering, such mine or area thereof as a result of such order
shall be entitled to full compensation by the operator at their
regular rates of pay, in addition to pay received for work
performed after such order was issued, for the period beginning
when such order was issued and ending when such order is
complied with, vacated, or terminated.
``(b) Enforcement.--
``(1) Commission orders.--The Commission shall have
authority to order compensation due under this section upon the
filing of a complaint by a miner or his representative and
after opportunity for hearing on the record subject to section
554 of title 5, United States Code. Whenever the Commission
issues an order sustaining the complaint under this subsection
in whole or in part, the Commission shall award the complainant
reasonable attorneys' fees and costs.
``(2) Failure to pay compensation due.--Consistent with the
authority of the Secretary to order miners withdrawn from a
mine under this Act, the Secretary shall order a mine that has
been subject to a withdrawal order under section 103, 104, 107,
108, or 110, and has reopened, to be closed again if
compensation in accordance with the provisions of this section
is not paid by the end of the next regularly scheduled payroll
period following the lifting of a withdrawal order.
``(c) Expedited Review.--If an order is issued that results in a
payment to a miner under subsection (a), the operator shall have the
right to an expedited review before the Commission in the same manner
as the procedure under section 316(b)(2)(G)(ii) (including the
deadlines under such section).''.
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES WITH
PATTERNS OF VIOLATIONS.
Title I (30 U.S.C. 811 et seq.) is further amended by adding at the
end the following:
``SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT STANDARD FOR MINES WITH
PATTERNS OF VIOLATIONS.
``(a) In General.--For the purpose of ensuring the health and
safety of miners and the right of miners to raise health or safety
concerns, an operator of an underground coal mine who has received
notice of a pattern of violations under section 104(e) in such mine,
for 3 years after receipt of such notice, may not discharge or
constructively discharge a miner employed at such mine without
reasonable grounds based on a failure of such miner to satisfactorily
perform the duties required for work as a miner, including compliance
with the provisions of this Act, regulations promulgated under this
Act, mandatory health or safety standards under any other law, or any
other legitimate business reason, if--
``(1) the miner is paid on an hourly basis; and
``(2) the miner has completed the employer's probationary
period, which in no case shall exceed 6 months.
``(b) Cause of Action.--A miner aggrieved by a violation of
subsection (a) may file a complaint in the United States district court
in the district where the mine is located not later than 1 year after
such violation.
``(c) Remedies.--For a miner who prevails under subsection (b), the
appropriate United States district court shall provide remedies to
further the objectives of this Act, which may include reinstatement of
such miner to the former position of such miner with back pay and
compensatory damages. Such remedies shall include reasonable attorneys'
fees and costs.
``(d) Pre-Dispute Waiver Prohibited.--The right of a miner to a
cause of action under this section may not be waived with respect to
any dispute that has not arisen as of the time of the waiver.
``(e) Construction.--Nothing in this section shall be construed to
limit the availability of rights and remedies of miners under any other
State or Federal law or a collective bargaining agreement.''.
TITLE V--MODERNIZING HEALTH AND SAFETY STANDARDS
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS.
Section 303(d) (30 U.S.C. 863(d)) is amended by adding at the end
the following:
``(3)(A) Not later than 30 days after the issuance of the interim
final rules promulgated under subparagraph (B), each operator of an
underground coal mine shall implement a communication program at the
underground coal mine to ensure that each miner (prior to traveling to
or arriving at the work area of such miner and commencing the assigned
tasks of such miner) is orally briefed on and made aware of--
``(i) any conditions that are hazardous, or that violate a
mandatory health or safety standard or a plan approved under
this Act, where the miner is expected to work or travel; and
``(ii) the general conditions of that miner's assigned
working section or other area where the miner is expected to
work or travel.
``(B) Not later than 180 days after the date of enactment of the
Robert C. Byrd Mine Safety Protection Act of 2017, the Secretary shall
promulgate interim final rules implementing the requirements of
subparagraph (A).
``(C) Not later than 2 years after the promulgation of the interim
final rules under subparagraph (B), the Secretary shall issue a final
rule implementing the requirements of subparagraph (A).''.
SEC. 502. ROCK DUST STANDARDS.
(a) Standards.--Section 304(d) (30 U.S.C. 864(d)) is amended--
(1) by striking ``Where rock'' and inserting the following:
``Rock Dust.--
``(1) In general.--Where rock'';
(2) by striking ``65 per centum'' and all that follows
through the period and inserting ``80 percent. Where methane is
present in any ventilating current, the percentage of
incombustible content of such combined dusts shall be increased
0.4 percent for each 0.1 percent of methane.''; and
(3) by adding at the end the following:
``(2) Methods of measurement.--
``(A) In general.--Each operator of an underground
coal mine shall take accurate and representative
samples that shall measure the total incombustible
content of combined coal dust, rock dust, and other
dust in such mine to ensure that the coal dust is kept
below explosive levels through the appropriate
application of rock dust.
``(B) Direct reading monitors.--In order to ensure
timely assessment and compliance, the Secretary shall,
not later than 180 days after the date of enactment of
the Robert C. Byrd Mine Safety Protection Act of 2017,
require operators to measure total incombustible
content (or an equivalent measure of explosibility) in
samples of combined coal dust, rock dust, and other
dust, using direct reading monitors that the Secretary
has approved for use in an underground coal mine, such
as coal dust explosibility monitors.
``(C) Regulations.--The Secretary shall, not later
than 180 days after the date of enactment of the Robert
C. Byrd Mine Safety Protection Act of 2017, promulgate
an interim final rule that prescribes methods for
operator sampling of total incombustible content (or an
equivalent measure of explosibility) in samples of
combined coal dust, rock dust, and other dust using
direct reading monitors and that includes requirements
for locations, methods, and intervals for mandatory
operator sampling.
``(D) Recommendations.--Not later than 1 year after
the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2017, the Secretary of Health and
Human Services shall, based upon the latest research,
recommend to the Secretary of Labor any revisions to
the mandatory operator sampling locations, methods, and
intervals included in the interim final rule described
in subparagraph (C) that may be warranted in light of
such research.
``(3) Limitation.--Until the Secretary promulgates a final
rule under paragraph (4)(B), any measurement taken by a direct
reading monitor described in paragraph (2)(B) shall not be
admissible to establish a violation in an enforcement action
under this Act.
``(4) Report and rulemaking authority.--
``(A) Report.--Not later than 2 years after the
date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2017, the Secretary of Health and
Human Services, in consultation with the Secretary of
Labor, shall prepare and submit, to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report--
``(i) regarding whether any direct reading
monitor described in paragraph (2)(B) is
sufficiently reliable and accurate for the
enforcement of the mandatory health or safety
standards by the Secretary of Labor under this
Act, and whether additional improvement to such
direct reading monitor, or additional
verification regarding reliability and
accuracy, would be needed for enforcement
purposes; and
``(ii) identifying any limitations or
impediments for such use in underground coal
mines.
``(B) Authority.--If the Secretary determines,
following a report under subparagraph (A) (or an update
to such report), that any direct reading monitor
described in paragraph (2)(B) is sufficiently reliable
and accurate for the enforcement of mandatory health or
safety standards under this Act, the Secretary shall,
after the submission of such report or update,
promulgate a final rule authorizing the use of such
direct reading monitor for purposes of compliance with,
and enforcement of, such standards and authorizing the
use of other methods for determining total
incombustible content. Such final rule shall specify
mandatory operator sampling locations, methods, and
intervals.''.
(b) Rock Dust Recordkeeping.--Section 304 (30 U.S.C. 864) is
further amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following:
``(e) Rock Dust Recordkeeping.--The operator of each coal mine
shall maintain and continuously update a record of the amount of rock
dust purchased for each such mine.''; and
(3) in subsection (f), as so redesignated, by striking
``Subsections (b) through (d)'' and inserting ``Subsections (b)
through (e)''.
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS.
Section 317 (30 U.S.C. 877) is amended by adding at the end the
following:
``(u) Atmospheric Monitoring Systems.--
``(1) General regulations.--Not later than 1 year after the
date of enactment of the Robert C. Byrd Mine Safety Protection
Act of 2017, the Secretary shall, following consultation with
the Director of the National Institute for Occupational Safety
and Health, promulgate regulations requiring that each operator
of an underground coal mine install atmospheric monitoring
systems that--
``(A) protect miners where the miners normally work
and travel;
``(B) assist in mine emergency response and the
conduct of accident investigations;
``(C) provide real-time information regarding
methane, oxygen, and carbon monoxide levels, and
airflow direction, as appropriate, with sensing,
annunciating, and recording capabilities; and
``(D) can, to the maximum extent practicable,
withstand explosions and fires.
``(2) Additional regulations.--The regulations promulgated
under paragraph (1) shall, if determined appropriate after an
evaluation by the Secretary, include--
``(A) the installation of atmospheric monitoring
and recording devices for mining equipment;
``(B) the implementation of redundant systems, such
as the bundle tubing system, that can continuously
monitor the mine atmosphere following incidents such as
fires, explosions, entrapments, and inundations; and
``(C) the implementation of other technologies
available to conduct continuous atmospheric
monitoring.''.
SEC. 504. STUDY ON RESPIRABLE DUST STANDARDS.
(a) Study.--Beginning one month after the date of enactment of this
Act, the Secretary of Labor shall undertake a retrospective study on
the effectiveness of the final rule of the Department of Labor entitled
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'', published at 79 Fed. Reg. 24814
(May 1, 2014), and evaluate the data regarding the use of continuous
personal dust monitors, to determine whether--
(1) the 1.5 mg/m\3\ respirable dust standard that was
included in such final rule should be further lowered to better
protect the health of miners;
(2) the frequency of sampling continuous personal dust
monitors should be increased;
(3) engineering controls and work practices used by mine
operators to achieve and maintain the required respirable coal
mine dust levels should be modified; and
(4) samples taken on shifts longer than 8 hours should be
converted to an 8-hour equivalent concentration to protect
miners who work longer shifts.
(b) Report.--
(1) Initial report.--Upon beginning the study under
subsection (a), the Secretary of Labor shall transmit a copy of
such study to Congress, notifying Congress that such study has
commenced.
(2) Annual reports.--For each year after the commencement
of the study under subsection (a) and until such study is
completed, the Secretary of Labor shall transmit a report to
Congress on the progress of such study.
(3) Final report.--Upon completion of the study under
subsection (a), the Secretary of Labor shall submit a final
report of such study to Congress.
SEC. 505. REFRESHER TRAINING ON MINERS' RIGHTS AND RESPONSIBILITIES.
(a) In General.--Section 115(a)(3) (30 U.S.C. 825(a)(3)) is amended
to read as follows:
``(3) all miners shall receive no less than 9 hours of
refresher training, no less frequently than once every 12
months. Such training shall include one hour of training on the
statutory rights and responsibilities of miners and their
representatives under this Act, and other applicable Federal
and State law, and shall be through a program of instruction
developed by the Secretary and delivered by an employee of the
Administration (or a trainer approved by the Administration)
that is a party independent from the operator;''.
(b) National Hazard Reporting Hotline.--Section 115 (30 U.S.C.
825), as so amended, is further amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Any health and safety training program of instruction
provided under this section shall include distribution to miners of
information regarding the rights of such miners under this Act and a
toll-free hotline telephone number, which the Secretary shall maintain
to receive complaints from miners and the public regarding hazardous
conditions, discrimination, safety or health violations, or other mine
safety or health concerns. Information regarding such hotline shall be
provided in a portable, convenient format, such as a durable wallet
card, to enable miners to keep such information on their person.''.
(c) Timing of Initial Statutory Rights Training.--Notwithstanding
section 115 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 825) (as so amended) or the health and safety training program
approved under such section, an operator shall ensure that all miners
already employed by the operator on the date of enactment of this Act
shall receive the one hour of statutory rights and responsibilities
training described in section 115(a)(3) of such Act, not later than 180
days after such date.
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING.
(a) In General.--Section 115 (30 U.S.C. 825), as so amended, is
further amended--
(1) by redesignating subsections (e) and (f) (as so
redesignated) as subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) (as so redesignated)
the following:
``(e) Authority To Mandate Additional Training.--
``(1) In general.--The Secretary is authorized to issue an
order requiring that an operator of a coal or other mine
provide additional training beyond what is otherwise required
by law, and specifying the time within which such training
shall be provided, if the Secretary finds that--
``(A)(i) a serious or fatal accident has occurred
at such mine;
``(ii) such mine has experienced accident and
injury rates, citations for violations of this Act
(including mandatory health or safety standards or
regulations promulgated under this Act), citations for
significant and substantial violations, or withdrawal
orders issued under this Act, at a rate above the
average for mines of similar size and type; or
``(iii) an operator has a history of failing to
adequately train miners, as required by this Act or the
regulations promulgated under this Act; and
``(B) additional training would benefit the health
or safety of miners at the mine.
``(2) Withdrawal order.--If the operator fails to provide
training ordered under paragraph (1) within the specified time
provided by the Secretary under such paragraph, the Secretary
shall issue an order requiring such operator to cause all
affected persons, except persons referred to in section 104(c),
to be withdrawn, and to be prohibited from entering such mine,
until such operator has provided such training.''.
(b) Conforming Amendments.--Section 104(g)(2) (30 U.S.C. 814(g)(2))
is amended by striking ``under paragraph (1)'' both places it appears
and inserting ``under paragraph (1) or under section 115(e)''.
SEC. 507. BROOKWOOD-SAGO MINE SAFETY GRANTS.
Section 14(e)(2) of the Mine Improvement and New Emergency Response
Act of 2006 (30 U.S.C. 965(e)(2)) is amended by inserting before the
period ``, and underground mine rescue training activities that
simulate mine accident conditions''.
SEC. 508. CERTIFICATION OF PERSONNEL.
(a) In General.--Title I (30 U.S.C. 811 et seq.), as so amended, is
further amended by adding at the end the following:
``SEC. 118. CERTIFICATION OF PERSONNEL.
``(a) Certification Required.--Any person who is authorized or
designated by the operator of a coal or other mine to perform any
duties or provide any training that this Act, including a mandatory
health or safety standard or regulation promulgated pursuant to this
Act, requires to be performed or provided by a certified, registered,
qualified, or otherwise approved person, shall be permitted to perform
such duties or provide such training only if such person has a current
certification, registration, qualification, or other approval to
perform such duties or provide such training consistent with the
requirements of this section.
``(b) Establishment of Certification Requirements and Procedures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Robert C. Byrd Mine Safety Protection Act of
2017, the Secretary shall issue mandatory standards to
establish--
``(A) requirements for the certification,
registration, qualification, or other approval
described in subsection (a), including the experience,
examinations, and references that may be required as
appropriate;
``(B) time limits for such certification,
registration, qualification, or other approval, and
procedures for obtaining and renewing such
certification, registration, qualification, or other
approval; and
``(C) procedures and criteria for revoking such
certification, registration, qualification, or other
approval, including procedures that ensure that--
``(i) the Secretary (or a State agency, as
applicable) responds to requests for
revocation; and
``(ii) the names of individuals, whose
certification, registration, qualification, or
other approval has been revoked, are provided
to and maintained by the Secretary, and are
made available to appropriate State agencies
through an electronic database.
``(2) Coordination with states.--In developing the
standards required under paragraph (1), the Secretary shall
consult with States that have miner certification programs to
ensure effective coordination with existing State standards and
requirements for certification. The standards required under
paragraph (1) shall provide that the certification,
registration, qualification, or other approval of the State in
which the coal or other mine is located satisfies the
requirement of subsection (a) if the State's program of
certification, registration, qualification, or other approval
is no less stringent than the standards established by the
Secretary under paragraph (1).
``(c) Operator Fees for Certification.--
``(1) Assessment and collection.--Beginning 180 days after
the date of enactment of the Robert C. Byrd Mine Safety
Protection Act of 2017, the Secretary shall assess and collect
fees, in accordance with this subsection, from each operator
for each person certified under this section. Fees shall be
assessed and collected in amounts determined by the Secretary
as necessary to fund certification programs that meet the
standards established under this section.
``(2) Use.--Amounts collected under paragraph (1) shall
only be available to the Secretary, in accordance with
paragraph (3), for making expenditures to carry out the
certification programs established under this section.
``(3) Authorization of appropriations.--In addition to
funds authorized to be appropriated under section 114, there is
authorized to be appropriated to the Secretary for each fiscal
year in which fees are collected under paragraph (1) an amount
equal to the total amount of fees collected under paragraph (1)
during that fiscal year. Such amounts are authorized to remain
available until expended. If on the first day of a fiscal year
a regular appropriation to the Administration has not been
enacted, the Administration shall continue to collect fees (as
offsetting collections) under this subsection at the rate in
effect during the preceding fiscal year, until 5 days after the
date on which such regular appropriation is enacted.
``(4) Collecting and crediting of fees.--Fees authorized
and collected under this subsection shall be deposited and
credited as offsetting collections to the account providing
appropriations to the Administration and shall not be collected
for any fiscal year except to the extent and in the amount
provided in advance in appropriation Acts.
``(d) Citation; Withdrawal Order.--Any operator who permits a
person to perform any of the duties or provide any training described
in subsection (a) without a current certification, registration,
qualification, or other approval that meets the requirements of this
section shall be considered to have committed an unwarrantable failure
under section 104(d)(1), and the Secretary shall issue an order
requiring that such person be withdrawn or reassigned to duties that do
not require such certification, registration, qualification, or other
approval.''.
(b) Conforming Amendments.--Section 318 (30 U.S.C. 878) is
amended--
(1) by striking subsections (a) and (b);
(2) in subsection (c), by redesignating paragraphs (1)
through (3) as subparagraphs (A) through (C), respectively;
(3) in subsection (g), by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D), respectively; and
(4) by redesignating subsections (c) through (l) as
paragraphs (1) through (10), respectively.
SEC. 509. ELECTRONIC RECORDS REQUIREMENT.
Section 103 (30 U.S.C. 802) is amended by adding at the end the
following:
``(l) Electronic Records.--Not later than 180 days after the date
of enactment of the Robert C. Byrd Mine Safety Protection Act of 2017,
the Secretary shall promulgate regulations requiring that mine
operators retain records and data required by this Act, or otherwise
required by the Secretary, that are created, stored, or transmitted in
electronic form. Such records shall include records pertaining to miner
safety and health, tracking and communications, atmospheric monitoring
of methane, carbon monoxide, oxygen, coal dust and other mine
conditions, equipment usage history and operating parameters, equipment
calibration and maintenance, and other information relevant to
compliance with Federal mine health or safety laws and regulations. Not
later than 2 years after the date of enactment of such Act, the
Secretary shall promulgate a regulation regarding the minimum necessary
capabilities of equipment to retain, store, and recover data created or
transmitted in electronic form.''.
TITLE VI--ADDITIONAL MINE SAFETY PROVISIONS
SEC. 601. DEFINITIONS.
(a) Definition of Operator.--Section 3(d) (30 U.S.C. 802(d)) is
amended to read as follows:
``(d) `operator' means--
``(1) any owner, lessee, or other person that--
``(A) operates or supervises a coal or
other mine; or
``(B) controls such mine by making or
having the authority to make management or
operational decisions that affect, directly or
indirectly, the health or safety at such mine;
or
``(2) any independent contractor performing
services or construction at such mine;''.
(b) Definition of Agent.--Section 3(e) (30 U.S.C. 802(e)) is
amended by striking ``the miners'' and inserting ``any miner''.
(c) Definition of Imminent Danger.--Section 3(j) (30 U.S.C. 802(j))
is amended--
(1) by striking ``means the'' and inserting ``means--
``(1) the'';
(2) by striking the semicolon at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) the existence of multiple conditions or practices
(regardless of whether related to each other) that, when
considered in the aggregate, could reasonably be expected to
cause death or serious physical harm before such conditions or
practices can be abated;''.
(d) Definition of Miner.--Section 3(g) (30 U.S.C. 802(g)) is
amended by inserting after ``or other mine'' the following: ``, and
includes any individual who is not currently working in a coal or other
mine but would be currently working in such mine, but for an accident
in such mine''.
(e) Definition of Significant and Substantial Violations.--Section
3 (30 U.S.C. 802), as so amended, is further amended--
(1) in subsection (m), by striking ``and'' after the
semicolon;
(2) in subsection (n), by striking the period at the end
and inserting a semicolon;
(3) in subsection (o), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(p) `significant and substantial violation' means a
violation of this Act, including any mandatory health or safety
standard or regulation promulgated under this Act, that is of
such nature as could significantly and substantially contribute
to the cause and effect of a coal or other mine safety or
health hazard as described in section 104(d).''.
SEC. 602. ASSISTANCE TO STATES.
Section 503 (30 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``, in coordination with the Secretary of
Health, Education, and Welfare and the Secretary of the
Interior,'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to assist such State in developing and implementing
any certification program for coal or other mines required for
compliance with section 118.''; and
(2) in subsection (h), by striking ``$3,000,000 for fiscal
year 1970, and $10,000,000 annually in each succeeding fiscal
year'' and inserting ``$20,000,000 for each fiscal year''.
SEC. 603. DOUBLE ENCUMBRANCE; SUCCESSION PLAN.
(a) Authorization.--Notwithstanding any personnel procedures,
rules, or guidance, the Secretary of Labor is authorized to double
encumber a position or utilize early replacement hiring for authorized
representatives and technical specialist positions in the Mine Safety
and Health Administration. The number of such positions shall be
consistent with the staffing requirements set forth in the succession
plan under subsection (b).
(b) Succession Plan.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall develop and
provide to Congress a succession plan for the Mine Safety and
Health Administration for the next 5 years to assure timely
replacement of qualified employees critical to maintaining the
agency's mission.
(2) Contents of plan.--The succession plan developed under
this subsection shall--
(A) estimate employee turnover for each year;
(B) set benchmarks for maximum allowable percentage
of vacancies, and a maximum ratio of trainees to
authorized representatives;
(C) utilize double encumbrance or early replacement
hiring for authorized representatives and technical
specialists;
(D) implement tracking systems to assure that
staffing levels of authorized representatives and
technical specialists do not fall below the minimum
required to conduct necessary inspections, thoroughly
review mine plans, and conduct accident and special
investigations; and
(E) identify resources necessary to implement such
plan.
(3) Updates to plan.--The succession plan under this
subsection shall be updated biennially.
TITLE VII--AMENDMENTS TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
SEC. 701. COVERAGE OF PUBLIC EMPLOYEES.
(a) In General.--Section 3(5) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 652(5)) is amended by striking ``but does not
include'' and all that follows through the period at the end and
inserting ``including the United States, a State, or a political
subdivision of a State.''.
(b) Construction.--Nothing in this Act, or the amendments made by
this Act, shall be construed to affect the application of section 18 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 667).
SEC. 702. ENHANCED PROTECTIONS FROM RETALIATION.
(a) Employee Actions.--Section 11(c)(1) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
(1) by striking ``discharge'' and all that follows through
``because such'' and inserting the following: ``discharge or
cause to be discharged, or in any manner discriminate against
or cause to be discriminated against, any employee because--
``(A) such'';
(2) by striking ``this Act or has'' and inserting the
following: ``this Act;
``(B) such employee has'';
(3) by striking ``in any such proceeding or because of the
exercise'' and inserting the following: ``before Congress or in
any Federal or State proceeding related to safety or health;
``(C) such employee has refused to violate any provision of
this Act; or
``(D) of the exercise''; and
(4) by inserting before the period at the end the
following: ``, including the reporting of any injury, illness,
or unsafe condition to the employer, agent of the employer,
safety and health committee involved, or employee safety and
health representative involved''.
(b) Prohibition of Retaliation.--Section 11(c) of such Act (29
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the
following:
``(2)(A) No person shall discharge, or cause to be discharged, or
in any manner discriminate against, or cause to be discriminated
against, an employee for refusing to perform the employee's duties if
the employee has a reasonable apprehension that performing such duties
would result in serious injury to, or serious impairment of the health
of, the employee or other employees.
``(B) For purposes of subparagraph (A), the circumstances causing
the employee's good-faith belief that performing such duties would pose
a safety or health hazard shall be of such a nature that a reasonable
person, under the circumstances confronting the employee, would
conclude that there is such a hazard. In order to qualify for
protection under this paragraph, the employee, when practicable, shall
have communicated or attempted to communicate the safety or health
concern to the employer and have not received from the employer a
response reasonably calculated to allay such concern.''.
(c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is
amended by striking paragraph (3) and inserting the following:
``(3) Complaint.--Any employee who believes that the
employee has been discharged, disciplined, or otherwise
discriminated against by any person in violation of paragraph
(1) or (2) may seek relief for such violation by filing a
complaint with the Secretary under paragraph (5).
``(4) Statute of limitations.--
``(A) In general.--An employee may take the action
permitted by paragraph (3) not later than 180 days
after the later of--
``(i) the date on which an alleged
violation of paragraph (1) or (2) occurs; or
``(ii) the date on which the employee knows
or should reasonably have known that such
alleged violation occurred.
``(B) Repeat violation.--With respect to an alleged
repeat violation, except in a case when the employee
has been discharged, a violation of paragraph (1) or
(2) shall be considered to have occurred on the last
date the alleged repeat violation occurred.
``(5) Investigation.--
``(A) In general.--An employee may, within the time
period required under paragraph (4), file a complaint
with the Secretary alleging a violation of paragraph
(1) or (2). If the complaint alleges a prima facie
case, the Secretary shall conduct an investigation of
the allegations in the complaint, which--
``(i) shall include--
``(I) interviewing the complainant;
``(II) providing the respondent an
opportunity to--
``(aa) submit to the
Secretary a written response to
the complaint; and
``(bb) meet with the
Secretary to present statements
from witnesses or provide
evidence; and
``(III) providing the complainant
an opportunity to--
``(aa) receive any
statements or evidence provided
to the Secretary;
``(bb) meet with the
Secretary; and
``(cc) rebut any statements
or evidence; and
``(ii) may include issuing subpoenas for
the purposes of such investigation.
``(B) Decision.--Not later than 90 days after the
filing of the complaint, the Secretary shall--
``(i) determine whether reasonable cause
exists to believe that a violation of paragraph
(1) or (2) has occurred; and
``(ii) issue a decision granting or denying
relief.
``(6) Preliminary order following investigation.--If, after
completion of an investigation under paragraph (5)(A), the
Secretary finds reasonable cause to believe that a violation of
paragraph (1) or (2) has occurred, the Secretary shall issue a
preliminary order providing relief authorized under paragraph
(14) at the same time the Secretary issues a decision under
paragraph (5)(B). If a de novo hearing is not requested within
the time period required under paragraph (7)(A)(i), such
preliminary order shall be deemed a final order of the
Secretary and is not subject to judicial review.
``(7) Hearing.--
``(A) Request for hearing.--
``(i) In general.--A de novo hearing on the
record before an administrative law judge may
be requested--
``(I) by the complainant or
respondent within 30 days after
receiving notification of a decision
granting or denying relief issued under
paragraph (5)(B) or a preliminary order
under paragraph (6) respectively;
``(II) by the complainant within 30
days after the date the complaint is
dismissed without investigation by the
Secretary under paragraph (5)(A); or
``(III) by the complainant within
120 days after the date of filing the
complaint, if the Secretary has not
issued a decision under paragraph
(5)(B).
``(ii) Reinstatement order.--The request
for a hearing shall not operate to stay any
preliminary reinstatement order issued under
paragraph (6).
``(B) Procedures.--
``(i) In general.--A hearing requested
under this paragraph shall be conducted
expeditiously and in accordance with rules
established by the Secretary for hearings
conducted by administrative law judges.
``(ii) Subpoenas; production of evidence.--
In conducting any such hearing, the
administrative law judge may issue subpoenas.
The respondent or complainant may request the
issuance of subpoenas that require the
deposition of, or the attendance and testimony
of, witnesses and the production of any
evidence (including any books, papers,
documents, or recordings) relating to the
matter under consideration.
``(iii) Decision.--The administrative law
judge shall issue a decision not later than 90
days after the date on which a hearing was
requested under this paragraph and promptly
notify, in writing, the parties and the
Secretary of such decision, including the
findings of fact and conclusions of law. If the
administrative law judge finds that a violation
of paragraph (1) or (2) has occurred, the judge
shall issue an order for relief under paragraph
(14). If review under paragraph (8) is not
timely requested, such order shall be deemed a
final order of the Secretary that is not
subject to judicial review.
``(8) Administrative appeal.--
``(A) In general.--Not later than 30 days after the
date of notification of a decision and order issued by
an administrative law judge under paragraph (7), the
complainant or respondent may file, with objections, an
administrative appeal with an administrative review
body designated by the Secretary (referred to in this
paragraph as the `review board').
``(B) Standard of review.--In reviewing the
decision and order of the administrative law judge, the
review board shall affirm the decision and order if it
is determined that the factual findings set forth
therein are supported by substantial evidence and the
decision and order are made in accordance with
applicable law.
``(C) Decisions.--If the review board grants an
administrative appeal, the review board shall issue a
final decision and order affirming or reversing, in
whole or in part, the decision under review by not
later than 90 days after receipt of the administrative
appeal. If it is determined that a violation of
paragraph (1) or (2) has occurred, the review board
shall issue a final decision and order providing relief
authorized under paragraph (14). Such decision and
order shall constitute final agency action with respect
to the matter appealed.
``(9) Settlement in the administrative process.--
``(A) In general.--At any time before issuance of a
final order, an investigation or proceeding under this
subsection may be terminated on the basis of a
settlement agreement entered into by the parties.
``(B) Public policy considerations.--Neither the
Secretary, an administrative law judge, or review board
conducting a hearing under this subsection shall accept
a settlement that contains conditions conflicting with
the rights protected under this Act or that are
contrary to public policy, including a restriction on a
complainant's right to future employment with employers
other than the specific employers named in a complaint.
``(10) Inaction by the review board or administrative law
judge.--
``(A) In general.--The complainant may bring a de
novo action described in subparagraph (B) if--
``(i) an administrative law judge has not
issued a decision and order within the 90-day
time period required under paragraph
(7)(B)(iii); or
``(ii) the review board has not issued a
decision and order within the 90-day time
period required under paragraph (8)(C).
``(B) De novo action.--Such de novo action may be
brought at law or equity in the United States district
court for the district where a violation of paragraph
(1) or (2) allegedly occurred or where the complainant
resided on the date of such alleged violation. The
court shall have jurisdiction over such action without
regard to the amount in controversy and to order
appropriate relief under paragraph (14). Such action
shall, at the request of either party to such action,
be tried by the court with a jury.
``(11) Judicial review.--
``(A) Timely appeal to the court of appeals.--Any
party adversely affected or aggrieved by a final
decision and order issued under this subsection may
obtain review of such decision and order in the United
States Court of Appeals for the circuit where the
violation, with respect to which such final decision
and order was issued, allegedly occurred or where the
complainant resided on the date of such alleged
violation. To obtain such review, a party shall file a
petition for review not later than 60 days after the
final decision and order was issued. Such review shall
conform to chapter 7 of title 5, United States Code.
The commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a
stay of the final decision and order.
``(B) Limitation on collateral attack.--An order
and decision with respect to which review may be
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
``(12) Enforcement of order.--If a respondent fails to
comply with an order issued under this subsection, the
Secretary or the complainant on whose behalf the order was
issued may file a civil action for enforcement in the United
States district court for the district in which the violation
was found to occur to enforce such order. If both the Secretary
and the complainant file such action, the action of the
Secretary shall take precedence. The district court shall have
jurisdiction to grant all appropriate relief described in
paragraph (14).
``(13) Burdens of proof.--
``(A) Criteria for determination.--In making a
determination or adjudicating a complaint pursuant to
this subsection, the Secretary, administrative law
judge, review board, or a court may determine that a
violation of paragraph (1) or (2) has occurred only if
the complainant demonstrates that any conduct described
in paragraph (1) or (2) with respect to the complainant
was a contributing factor in the adverse action alleged
in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph
(A), a decision or order that is favorable to the
complainant shall not be issued in any administrative
or judicial action pursuant to this subsection if the
respondent demonstrates by clear and convincing
evidence that the respondent would have taken the same
adverse action in the absence of such conduct.
``(14) Relief.--
``(A) Order for relief.--If the Secretary,
administrative law judge, review board, or a court
determines that a violation of paragraph (1) or (2) has
occurred, the Secretary, administrative law judge,
review board, or court, respectively, shall have
jurisdiction to order all appropriate relief, including
injunctive relief, and compensatory and exemplary
damages, including--
``(i) affirmative action to abate the
violation;
``(ii) reinstatement without loss of
position or seniority, and restoration of the
terms, rights, conditions, and privileges
associated with the complainant's employment,
including opportunities for promotions to
positions with equivalent or better
compensation for which the complainant is
qualified;
``(iii) compensatory and consequential
damages sufficient to make the complainant
whole (including back pay, prejudgment
interest, and other damages); and
``(iv) expungement of all warnings,
reprimands, or derogatory references that have
been placed in paper or electronic records or
databases of any type relating to the actions
by the complainant that gave rise to the
unfavorable personnel action, and, at the
complainant's direction, transmission of a copy
of the decision on the complaint to any person
whom the complainant reasonably believes may
have received such unfavorable information.
``(B) Attorneys' fees and costs.--If the Secretary
or an administrative law judge, review board, or court
grants an order for relief under subparagraph (A), the
Secretary, administrative law judge, review board, or
court, respectively, shall assess, at the request of
the employee against the employer--
``(i) reasonable attorneys' fees; and
``(ii) costs (including expert witness
fees) reasonably incurred, as determined by the
Secretary, administrative law judge, review
board, or court, respectively, in connection
with bringing the complaint upon which the
order was issued.
``(15) Procedural rights.--The rights and remedies
provided for in this subsection may not be waived by any
agreement, policy, form, or condition of employment, including
by any pre-dispute arbitration agreement or collective
bargaining agreement.
``(16) Savings.--Nothing in this subsection shall be
construed to diminish the rights, privileges, or remedies of
any employee who exercises rights under any Federal or State
law or common law, or under any collective bargaining
agreement.
``(17) Election of venue.--
``(A) In general.--An employee of an employer who
is located in a State that has a State plan approved
under section 18 may file a complaint alleging a
violation of paragraph (1) or (2) by such employer
with--
``(i) the Secretary under paragraph (5); or
``(ii) a State plan administrator in such
State.
``(B) Referrals.--If--
``(i) the Secretary receives a complaint
pursuant to subparagraph (A)(i), the Secretary
shall not refer such complaint to a State plan
administrator for resolution; or
``(ii) a State plan administrator receives
a complaint pursuant to subparagraph (A)(ii),
the State plan administrator shall not refer
such complaint to the Secretary for
resolution.''.
(d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C.
666(j)) is amended by inserting before the period the following: ``,
including the history of violations under section 11(c)''.
SEC. 703. VICTIMS' RIGHTS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) is amended by inserting after section 9 (29 U.S.C. 658) the
following:
``SEC. 9A. VICTIMS' RIGHTS.
``(a) Rights Before the Secretary.--A victim or the representative
of a victim shall be afforded the right, with respect to an inspection
or investigation conducted under section 8, to--
``(1) meet with the Secretary regarding the inspection or
investigation conducted under such section before the
Secretary's decision to issue a citation or take no action;
``(2) receive, at no cost, a copy of any citation or
report, issued as a result of such inspection or investigation,
at the same time as the employer receives such citation or
report;
``(3) be informed of any notice of contest or addition of
parties to the proceedings filed under section 10(c); and
``(4) be provided notification of the date and time or any
proceedings, service of pleadings, and other relevant
documents, and an explanation of the rights of the employer,
employee and employee representative, and victim to participate
in proceedings conducted under section 10(c).
``(b) Rights Before the Commission.--Upon request, a victim or
representative of a victim shall be afforded the right with respect to
a work-related bodily injury or death to--
``(1) be notified of the time and date of any proceeding
before the Commission;
``(2) receive pleadings and any decisions relating to the
proceedings; and
``(3) be provided an opportunity to appear and make a
statement in accordance with the rules prescribed by the
Commission.
``(c) Modification of Citation.--Before entering into an agreement
to withdraw or modify a citation issued as a result of an inspection or
investigation of an incident under section 8, the Secretary shall
notify a victim or representative of a victim and provide the victim or
representative of a victim with an opportunity to appear and make a
statement before the parties conducting settlement negotiations. In
lieu of an appearance, the victim or representative of the victim may
elect to submit a letter to the Secretary and the parties.
``(d) Secretary Procedures.--The Secretary shall establish
procedures--
``(1) to inform victims of their rights under this section;
and
``(2) for the informal review of any claim of a denial of
such a right.
``(e) Commission Procedures and Considerations.--The Commission
shall--
``(1) establish procedures relating to the rights of
victims to be heard in proceedings before the Commission; and
``(2) in rendering any decision, provide due consideration
to any statement or information provided by any victim before
the Commission.
``(f) Family Liaisons.--The Secretary shall designate at least 1
employee at each area office of the Occupational Safety and Health
Administration to serve as a family liaison to--
``(1) keep victims informed of the status of
investigations, enforcement actions, and settlement
negotiations; and
``(2) assist victims in asserting their rights under this
section.
``(g) Definition.--In this section, the term `victim' means--
``(1) an employee, including a former employee, who has
sustained a work-related injury or illness that is the subject
of an inspection or investigation conducted under section 8; or
``(2) a family member (as further defined by the Secretary)
of a victim described in paragraph (1), if--
``(A) the victim dies as a result of an incident
that is the subject of an inspection or investigation
conducted under section 8; or
``(B) the victim sustains a work-related injury or
illness that is the subject of an inspection or
investigation conducted under section 8, and the
victim, because of incapacity, cannot reasonably
exercise the rights under this section.''.
SEC. 704. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS
PENDING CONTEST AND PROCEDURES FOR A STAY.
Section 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659) is amended by adding at the end the following:
``(d) Correction of Serious, Willful, or Repeated Violations
Pending Contest and Procedures for a Stay.--
``(1) Period permitted for correction of serious, willful,
or repeated violations.--For each violation which the Secretary
designates as serious, willful, or repeated, the period
permitted for the correction of the violation shall begin to
run upon receipt of the citation.
``(2) Filing of a motion of contest.--The filing of a
notice of contest by an employer--
``(A) shall not operate as a stay of the period for
correction of a violation designated as serious,
willful, or repeated; and
``(B) may operate as a stay of the period for
correction of a violation not designated by the
Secretary as serious, willful, or repeated.
``(3) Criteria and rules of procedure for stays.--
``(A) Motion for a stay.--An employer may file with
the Commission a motion to stay a period for the
correction of a violation designated as serious,
willful, or repeated.
``(B) Criteria.--In determining whether a stay
should be issued on the basis of a motion filed under
subparagraph (A), the Commission shall consider
whether--
``(i) the employer has demonstrated a
substantial likelihood of success on its
contest to the citation;
``(ii) the employer will suffer irreparable
harm absent a stay; and
``(iii) a stay will adversely affect the
health or safety of workers.
``(C) Rules of procedure.--The Commission shall
develop rules of procedure for conducting a hearing on
a motion filed under subparagraph (A) on an expedited
basis. At a minimum, such rules shall provide:
``(i) That a hearing before an
administrative law judge shall occur not later
than 15 days following the filing of the motion
for a stay (unless extended at the request of
the employer), and shall provide for a decision
on the motion not later than 15 days following
the hearing (unless extended at the request of
the employer).
``(ii) That a decision of an administrative
law judge on a motion for stay is rendered on a
timely basis.
``(iii) That if a party is aggrieved by a
decision issued by an administrative law judge
regarding the stay, such party has the right to
file an objection with the Commission not later
than 5 days after receipt of the administrative
law judge's decision. Within 10 days after
receipt of the objection, a Commissioner, if a
quorum is seated pursuant to section 12(f),
shall decide whether to grant review of the
objection. If, within 10 days after receipt of
the objection, no decision is made on whether
to review the decision of the administrative
law judge, the Commission declines to review
such decision, or no quorum is seated, the
decision of the administrative law judge shall
become a final order of the Commission. If the
Commission grants review of the objection, the
Commission shall issue a decision regarding the
stay not later than 30 days after receipt of
the objection. If the Commission fails to issue
such decision within 30 days, the decision of
the administrative law judge shall become a
final order of the Commission.
``(iv) For notification to employees or
representatives of affected employees of
requests for such hearings and shall provide
affected employees or representatives of
affected employees an opportunity to
participate as parties to such hearings.''.
SEC. 705. CONFORMING AMENDMENTS.
Section 17(d) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(d)) is amended to read as follows:
``(d) Any employer who fails to correct a violation designated by
the Secretary as serious, willful, or repeated and for which a citation
has been issued under section 9(a) within the period permitted for its
correction (and a stay has not been issued by the Commission under
section 10(d)) may be assessed a civil penalty of not more than $7,000
for each day during which such failure or violation continues. Any
employer who fails to correct any other violation for which a citation
has been issued under section 9(a) of this title within the period
permitted for its correction (which period shall not begin to run until
the date of the final order of the Commission in the case of any review
proceeding under section 10 initiated by the employer in good faith and
not solely for delay of avoidance of penalties) may be assessed a civil
penalty of not more than $7,000 for each day during which such failure
or violation continues.''.
SEC. 706. CIVIL PENALTIES.
(a) In General.--Section 17 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 666) is amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting
``$120,000'';
(B) by striking ``$5,000'' and inserting
``$8,000''; and
(C) by adding at the end the following: ``In
determining whether a violation is repeated, the
Secretary shall consider the employer's history of
violations under this Act and under State occupational
safety and health plans established under section 18.
If such a willful or repeated violation caused or
contributed to the death of an employee, such civil
penalty amounts shall be increased to not more than
$250,000 for each such violation, but not less than
$50,000 for each such violation, except that for an
employer with 25 or fewer employees such penalty shall
not be less than $25,000 for each such violation.'';
(2) in subsection (b)--
(A) by striking ``$7,000'' and inserting
``$12,000''; and
(B) by adding at the end the following: ``If such a
violation caused or contributed to the death of an
employee, such civil penalty amounts shall be increased
to not more than $50,000 for each such violation, but
not less than $20,000 for each such violation, except
that for an employer with 25 or fewer employees such
penalty shall not be less than $10,000 for each such
violation.'';
(3) in subsection (c), by striking ``$7,000'' and inserting
``$12,000'';
(4) in subsection (d), as amended by section 705, by
striking ``$7,000'' each place it occurs and inserting
``$12,000'';
(5) by redesignating subsections (e) through (l) as
subsections (f) through (m), respectively; and
(6) in subsection (j) (as redesignated by paragraph (5)),
by striking ``$7,000'' and inserting ``$12,000;''.
(b) Inflation Adjustment.--Section 17 of such Act is further
amended by inserting after subsection (d) the following:
``(e) Amounts provided under this section for civil penalties shall
be adjusted by the Secretary at least once during each 4-year period
beginning January 1 after the date of enactment of the Robert C. Byrd
Mine Safety Protection Act of 2017, to account for the percentage
increase or decrease in the Consumer Price Index for all urban
consumers during such period.''.
SEC. 707. CRIMINAL PENALTIES.
(a) In General.--Section 17 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 666) (as amended by sections 705 and 706) is
further amended--
(1) by amending subsection (f), as so redesignated, to read
as follows:
``(f)(1) Any employer who knowingly violates any standard, rule, or
order promulgated under section 6, or of any regulation prescribed
under this Act, and that violation caused or contributed to the death
of any employee, shall, upon conviction, be punished by a fine in
accordance with title 18, United States Code, by imprisonment for not
more than 10 years, or by both, except that if the conviction is for a
violation committed after a first conviction of such person under this
subsection or subsection (i), punishment shall be by a fine in
accordance title 18, United States Code, by imprisonment for not more
than 20 years, or by both.
``(2) For the purpose of this subsection, the term `employer'
means, in addition to the definition contained in section 3, any
officer or director.'';
(2) in subsection (g), as so redesignated, by striking
``fine of not more than $1,000 or by imprisonment for not more
than six months,'' and inserting ``fine in accordance with
title 18, United States Code, or by imprisonment for not more
than 2 years,'';
(3) in subsection (h), as so redesignated, by striking
``fine of not more than $10,000, or by imprisonment for not
more than six months,'' and inserting ``fine in accordance with
title 18, United States Code, or by imprisonment for not more
than 5 years,'';
(4) by redesignating subsections (j) through (m), as so
redesignated, as subsections (k) through (n), respectively; and
(5) by inserting after subsection (i) the following:
``(j)(1) Any employer who knowingly violates any standard, rule, or
order promulgated under section 6, or any regulation prescribed under
this Act, and that violation causes or contributes to serious bodily
harm to any employee but does not cause death to any employee, shall,
upon conviction, be punished by a fine in accordance with title 18,
United States Code, by imprisonment for not more than 5 years, or by
both, except that if the conviction is for a violation committed after
a first conviction of such person under this subsection or subsection
(e), punishment shall be by a fine in accordance with title 18, United
States Code, by imprisonment for not more than 10 years, or by both.
``(2) For the purpose of this subsection, the term `employer'
means, in addition to the definition contained in section 3, any
officer or director.
``(3) For purposes of this subsection, the term `serious bodily
harm' means bodily injury or illness that involves--
``(A) a substantial risk of death;
``(B) protracted unconsciousness;
``(C) protracted and obvious physical disfigurement; or
``(D) protracted loss or impairment, either temporary or
permanent, of the function of a bodily member, organ, or mental
faculty.''.
(b) Jurisdiction for Prosecution Under State and Local Criminal
Laws.--Section 17 of such Act (29 U.S.C. 666) (as amended by this Act)
is further amended by adding at the end the following:
``(o) Nothing in this Act shall preclude a State or local law
enforcement agency from conducting criminal prosecutions in accordance
with the laws of such State or locality.''.
SEC. 708. PENALTIES.
Subsection (n) of section 17 the Occupational Safety and Health Act
of 1970 (29 U.S.C. 666), as redesignated by sections 706 and 707, is
amended by adding at the end the following: ``Pre-final order interest
on such penalties shall begin to accrue on the date the party contests
a citation issued under this Act, and shall end upon the issuance of
the final order. Such pre-final order interest shall be calculated at
the current underpayment rate determined by the Secretary of the
Treasury pursuant to section 6621 of the Internal Revenue Code of 1986,
and shall be compounded daily. Post-final order interest shall begin to
accrue 30 days after the date a final order of the Commission or the
court is issued, and shall be charged at the rate of 8 percent per
year.''.
SEC. 709. AUTHORIZATION OF COOPERATIVE AGREEMENTS BY NIOSH OFFICE OF
MINE SAFETY AND HEALTH.
Section 22(h)(3) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 671(h)(3)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) enter into cooperative agreements or
contracts with international institutions and private
entities to improve mine safety and health through the
development and evaluation of new interventions; and''.
SEC. 710. EFFECTIVE DATE.
(a) General Rule.--Except as provided for in subsection (b), this
title and the amendments made by this title shall take effect not later
than 90 days after the date of the enactment of this Act.
(b) Exception for States and Political Subdivisions.--The following
are exceptions to the effective date described in subsection (a):
(1) A State that has a State plan approved under section 18
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
667) shall amend its State plan to conform with the
requirements of this title, and the amendments made by this
title, not later than 12 months after the date of the enactment
of this Act. The Secretary of Labor may extend the period for a
State to make such amendments to its State plan by not more
than 12 months, if the State's legislature is not in session
during the 12-month period beginning with the date of the
enactment of this Act. Such amendments to the State plan shall
take effect not later than 90 days after the adoption of such
amendments by such State.
(2) This title and the amendments made by this Act shall
take effect not later than 36 months after the date of the
enactment of this Act with respect to a workplace of a State,
or a political subdivision of a State, that does not have a
State plan approved under such section 18 (29 U.S.C. 667).
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