Capito States Democrats' Mine Safety Bill Does Not "Properly Address the True Shortcomings in our Safety Laws"

Press Release

Today, Congresswoman Shelley Moore Capito, R.W.Va, strongly opposed the Democrats' mine safety bill, stating that it imposes severe penalties on businesses without properly addressing the true shortcomings in our safety laws.

"I have repeatedly stated that our miners deserve a bipartisan, straightforward mine safety bill, free from partisan games. I hoped that both sides could bring their ideas and concerns to the table in an effort to closely examine the efficiency and effectiveness of mine safety standards, figure out what is and is not working, and produce a bill from there. That has not been the case. In fact, this bill was added to the legislative calendar in the dead of night without the full House having a chance to review the legislation," stated Capito.

Capito argues that simply putting laws on the books and expanding agency power does not in itself protect the miner; laws must be combined with proper enforcement. For example, MSHA already has the authority to place a mine on POV (Pattern of Violation) status which then subjects the mine to tougher enforcement, increased inspections and higher fines. Capito notes that not one mining operation has even been placed on a pattern of violations despite the enforcement tool being on the books for over 30 years.

"There's no better example of the need to pass effective standards than the Upper Branch Mine disaster which occurred less than four years after the Sago Mine disaster in my district that lead to the MINER Act. We cannot allow another disaster to claim the lives of our miners while we pass bills that do not actually address the true shortcomings in our safety laws," concluded Capito.

"I also fear that this bill focuses more on punishment than prevention," Capito elaborated.

For example, the legislation would criminalize a person's "knowing" conduct, rather than "willful" actions of an accident. This slight change would have a dramatic impact on mine operators since it would make it easier for MSHA to establish liability and impose fines for alleged violations after-the-fact instead of preventing accidents before they occur.

"In all, the Democrats bill being considered today does little to address mine safety, but rather imposes severe penalties on businesses, introduces dramatic regulatory changes, and promotes unnecessary litigation which will hurt those mines and miners operating in good faith on behalf of worker safety," concluded Capito.

H.R. 6495 failed by a vote of 214-193 with 27 Democrats voting against the bill and one Republican voting in support.

Source