Mine safety markup veers into broader discussion on workplace protection

Rep. Glenn Thompson (R-Pa.)
echoed that message, arguing that the supporters of the broader OSHA reforms
are “doing a disservice to miners” by “diluting” legislation intended to
protect those working underground. Summarizing the Republican opposition,
Thompson warned that tightening OSHA rules would hobble businesses still trying
to emerge from the recession.

“We need to protect workers,”
Thompson said, “but we need to do it in a balanced way that protects the
workforce as well.”

Rep. George Miller
(D-Calif.), the chairman of the labor panel that wrote the legislation,
rejected the GOP criticisms, noting that OSHA penalties have been updated only
once in the last four decades. In the meantime, he added, 14 workers across the
country are killed on the job each day.

“This committee,” he said,
“can do both.”

Rep. David Wu (D-Ore.),
formerly a small-business owner, said the OSHA reforms would level the playing
field to prevent “outlier” businesses from gaining competitive advantage by
scrimping on worker safety. The changes, Wu said, are “good for just about
every legitimate business that’s trying to do the right thing.”

It’s a problem, added Rep.
Phil Hare (D-Ill.), “when you can be fined more for messing with a donkey than
a person in a factory.” He was referring to horse slaughter penalties. 

“We want to err on the side
of working people,” Hare said.

A GOP amendment to repeal the
OSHA reforms was shot down Wednesday along strict party lines.

Miller’s bill is a response
to the April explosion at the Upper Big Branch mine in southern West Virginia
that killed 29 miners and severely maimed a 30th. Several investigations are
under way to determine the cause of the disaster, but mine safety experts
suspect that a buildup of methane gas and accumulations of combustible coal
dust contributed to the blast.

In the months prior to the
accident, the operator of the Upper Big Branch was cited for hundreds of safety
violations, many of which indicated problems with the mine’s ventilation
system. The episode has led to numerous allegations that the mine owner,
Virginia-based Massey Energy, fosters a culture of putting coal production
above miner safety.

Miller’s proposal would hike
penalties for mine operators who violate safety rules, expand whistleblower
protections for miners who report hazards and grant subpoena power to federal
inspectors conducting investigations into accidents.

Wednesday’s vote to send the
bill to the floor was 30 to 17, strictly along party lines. The office of House
Majority Leader Steny Hoyer (D-Md.) said House leaders have no plans to
consider the bill at this point.

The bill has a difficult road
ahead. Senate Democrats, reliant on support from GOP colleagues to overcome
filibusters, aren’t expected to introduce their reform bill until the fall.
Wednesday’s House debate lends some indication to what changes Senate GOP
leaders will likely demand if Democrats want their backing. 

If that’s the case, Democrats
can expect GOP leaders to insist that Congress wait for the results of the
Upper Big Branch investigations before enacting legislative fixes.

“You should get all the
information you possible can before you make a decision,” said Rep. Phil Roe
(R-Tenn.). 

But Democrats say the reforms
are needed now if lawmakers hope to prevent the next disaster. “We seem only to
be able to move after a tragedy,” Miller said.

Miller dismissed the thought that House leaders should base
their timeline on “the whims of the Senate.” Those, he said, “change every
day.”