Essay - Labor Law: Mine Safety and Health Act the Federal Mine...

Labor Law: Mine Safety and Health Act

***** Federal Mine ***** and Health Act passed in 1969 and were last substantially amended ***** 1977. There has been just one amendment to the ***** since *****; that was a pen*****lty increase in 1990 enacted not for safety ***** health policy reasons, but to raise revenue for ***** federal government.

The Coal ***** Health and Safety Act of 1969, and the Mine Safety and Health Act ***** 1977, have been among the most successful laws that the Congress has every enacted. It provides for a comprehensive approach to mine ***** and health combining enforcement with education and training as well as a wide range of cooperative efforts ***** promote safety and health throughout the mining industry. Total mine fatalities in ***** decade before enactment of the 1977 law *****d from 435 to 254. In the 1990's, annual deaths ***** mining have ranged ***** 112 to 80.The American ***** industry today is the world leader in safety and *****. This is a significant accomplishment for which industry, labor, and government all deserve credit (Ruffennach C. Gregory, Saving Lives or Wasting Resources? The Federal Mine Safety ***** Health *****)

But while ***** Mine Act has ***** ***** ***** since 1977, the mining industry has changed dramatic*****y, and ***** that matter, statistically, the nature and causes of injuries ***** fatalities in ***** have also changed dramatically since 1977. Yet MSHA operates under ***** same procedures and rules that were passed in 1977. (http://www.msha.gov/)

In 1891, ***** passed the first federal statute govern*****g ***** safety, marking the beginning ***** what was to be an extended evolution of increasingly ***** federal legislation regulating mining activities. The ***** law was relatively modest legislation that applied only to mines in U.S. territ*****ies, **********, among other things, established minimum ventilation requirements at underground coal mines and prohibited operators from employing children under 12 years of age. (Rifkin, B., American labor sourcebook. 1979)

In 1910, following a ***** in which the number of co*****lmine fatalities exceeded 2,000 annually, ********** established ***** *****ureau ***** Mines as a new *****ncy in the Department of the Interior. The Bureau ***** charged with the responsibility to conduct research and to reduce accidents ***** the coal mining industry, but was given no inspection authority until 1941, when Congress empo*****d federal inspectors to enter mines. In 1947, Congress authorized the formulation of the first code of federal regulations for mine safety. (Outten, W.N., Rights of employees: the basic ACLU guide to an employee's rights.)

***** Federal ***** Mine Safety ***** ***** 1952 provided for annual inspections in certa***** underground coal*****, ***** gave the Bureau limited ***** authority, including power to issue violation ********** and imminent danger ********** orders. The 1952 Act also authorized the assessment of civil penalties against mine ***** for noncompliance with withdrawal orders or for refusing to give inspectors access to mine property, although no provision was made for monetary penalties for noncompliance with the safety *****s. In 1966, Congress extended coverage of the