IN COAL MINES HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON MINES AND MINING A BILL RELATING TO CERTAIN INSPECTIONS AND OTHER PURPOSES MAY 16, 17, 21, 23, 24, 28, 31, AND JUNE 4, 6, 7, 11, 13, 14, 1940 Printed for the use of the Committee on Mines and Mining •METALO INSPECTIONS AND INVESTIGATIONS IN COAL MINES THURSDAY, MAY 16, 1940 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON MINES AND MINING, Washington, D. C. The subcommittee of the Committee on Mines and Mining met in the committee room, 1401 New House Office Building, at 10 a. m., Hon. Andrew L. Somers (chairman of the subcommittee) presiding. Other members present: Hon. J. Hardin Peterson, Hon. Fadjo Cravens, and Hon. Fred Bradley of the subcommittee; and Hon. Ivor D. Fenton of the full committee. Also present: Mr. J. J. Forbes, supervising engineer; Mr. M. J. Ankeny, mining engineer; and Mr. E. J. Gleim, electrical engineer, all of the Bureau of Mines, Department of the Interior, Pittsburgh, Pa.; David Speck, Esq., Assistant Solicitor, Department of the Interior. Mr. SOMERS. Gentlemen, the Committee will please come to order. I will present for your consideration S. 2420, "An Act relating to certain inspections and investigations in coal mines for the purpose of obtaining information relating to health and safety conditions, accidents, and occupational diseases therein, and for other purposes.' This bill was introduced in the House by our colleague, Mr. Keller of Illinois. The act reads as follows [reading]: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and empowered to make our cause to be made annual inspections and investigations in coal mines the products of which regularly enter commerce or the operations of which substantially affect commerce— (a) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, whenever such health or safety conditions, accidents, or occupational diseases burden or obstruct commerce or threaten so to do; (b) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for determining the most effective manner in which the public funds made available for the protection or advancement of health or safety in coal mines, and for the prevention or relief of accidents or occupational diseases therein may be expended for the accomplishment of such objects; (c) For the purpose of obtaining information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such mines, as a basis for the preparation and dissemination of reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines; 1 (d) For the purpose of obtaining information relating to accidents involving bodily injury or loss of life in such mines or relating to occupational diseases originating in such mines, to be transmitted to the Bureau of the Census for use in connection with the preparation and compilation of the various census reports; (e) For the purpose of obtaining information relating to health and safety conditions in such mines, and causes of accidents involving bodily injury or loss of life in such mines, or the causes of occupational diseases originating in such 'mines, to be transmitted to the Congress for its consideration in connection with legislative matters involving health and safety conditions, accidents, or occupational diseases in coal mines. (f) The Secretary of the Interior, or any agency of government which he may use in carrying out the provisions of this Act, shall cooperate with the Bureau of Mines, or other safety agency, in the respective States and Territories, and shall report the acts of himself, or such agencies, to the State and Territorial bureaus or safety agencies. He, or such agency of government as may be used by him, shall give notice of all inspections to such State or Territorial bureaus or agencies, and afford an opportunity for their representatives to assist in such inspections. All inspections made by the Secretary of the Interior, or any agency of government which he may use, shall not be in violation of any State, Territorial, or Federal law. SEC. 2. The Secretary of the Interior is further authorized and empowered to make or cause to be made the inspections and investigations provided for in section 1 of this Act at other than annual intervals in either of the following situations: Upon the occurrence of an accident involving bodily injury or loss of life in a mine subject to the provisions of section 1; if, in the opinion of the Secretary of the Interior, the circumstances of the accident indicate that the making of such inspections or investigations in the mine concerned will be in furtherance of the purposes of this Act. SEC. 3. The Secretary of the Interior, or any duly authorized representative of the Secretary, shall be entitled to admission to any coal mine, the products of which regularly enter commerce or the operations of which substantially affect commerce, for the purpose of making any inspection or investigation authorized under section 1 or section 2 of this Act. SEC. 4. Any owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine subject to the provisions of section 1 or section 2 of this Act who willfully refuses to admit the Secretary of the Interior, or any duly authorized representative of the Secretary, to such mine, pursuant to the provisions of section 3 of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding sixty days, or by both. SEC. 5. Every owner, lessee, agent, manager, superintendent, or other person having control or supervision of any coal mine the products of which regularly enter commerce or the operations of which substantially affect commerce shall furnish to the Secretary of the Interior, or to any duly authorized representative of the Secretary, upon request, complete and correct information to the best of his knowledge concerning any or all accidents involving bodily injury or loss of life which occurred in such mine during the calendar year in which the request is made or during the preceding calendar year. SEC. 6. The Secretary of the Interior is hereby authorized and directed (a) To report annually to the Congress, either in summary or detailed form. the information obtained by him under this Act, together with such findings and comments thereon and such recommendations for legislative action as he may deem proper: (b) To compile, analyze, and publish, either in summary or detailed form, the information obtained by him under this Act, together with such findings concerning the causes of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines, and such recommendations for the prevention or amelioration of unhealthy or unsafe conditions, accidents, or occupational diseases in coal mines as he may deem proper: (c) To prepare and disseminate reports, studies, statistics, and other educational materials pertaining to the protection or advancement of health or safety in coal mines and to the prevention or relief of accidents or occupational diseases in coal mines: (d) To transmit to the Director of the Census, either in summary or detailed form, the information obtained by him under this Act, for use in connection with the preparation and compilation of the various Census reports; (e) To make available for public inspection, either in summary or detailed form, the information obtained under this Act. SEC. 7. The Secretary of the Interior shall delegate the execution of the provisions of this Act to any of the existing bureaus or agencies under the Department of the Interior for the execution of the provisions of this Act. In the execution of the provisions of this Act, the Secretary of the Interior may also utilize the services of any other instrumentality or agency of the Federal Government, any State or Territorial government, authorized to make investigations or inspections pertaining to health or safety in coal mines, if the agency or instrumentality concerned consents to such utilization. The Secretary of the Interior may reimburse any such Federal agency or instrumentality for the services rendered by it out of any funds made available to him for the execution of the provisions of this Act. SEC. 8. The Secretary of the Interior shall have authority to appoint, subject to the civil-service laws, and within the appropriations therefor such officers and employees as he may deem requisite for the administration of this Act; to fix, subject to the Classification Act of 1923, as amended, the compensation of officers and employees so appointed. SEC. 9. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for the due execution of this act. SEC. 10. For the purposes of this act, the term "commerce" means trade, traffic, commerce, or transportation between any State, Territory, possession, or the District of Columbia and any other State, Territory, or possession of the United States, or between any State, Territory, possession, or the District of Columbia and any foreign country, or wholly within any Territory, possession, or the District of Columbia, or between points in the same State if passing through any other State or through any Territory, possession, or the District of Columbia or through any foreign country. SEC. 11. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Passed the Senate January 18, 1940. Attest: EDWIN A. HALSEY, Secretary. Mr. SOMERS. A copy of this bill was submitted to the Secretary of the Interior and under date of February 17, 1940, the chairman of the Committee on Mines and Mining received the following letter from Secretary Ickes [reading]: Hon. JOE L. SMITH, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Mines and Mining, House of Representatives. MY DEAR MR. CHAIRMAN: Reference is made to your request for a statement of the views of this Department upon H. R. 6352, entitled "A bill relating to certain inspections and investigations in coal mines for the purpose of obtaining information relating to health and safety conditions, accidents, and occupational diseases therein, and for other purposes." Since a companion bill, S. 2420, has already passed the Senate, with certain amendments, my comments and recommendations will be directed to the latter measure. The provisions of S. 2420, if enacted, would confer upon this Department factfinding and reporting powers commensurate with its responsibilities in a field of vital national significance. Under existing statutes the duty of protecting the health and safety of the workers engaged in the mining of coal is committed to this Department, for administration through the Bureau of Mines. Substantial appropriations are annually made for the prevention and relief of accidents and occupational diseases in coal mines, and for the dissemination of information directed to the improvement of working conditions in these mines. The conduct of this work has, however, been hampered through lack of statutory authority to make inspections and investigations in the mines themselves, since hazardous conditions or their causes can be ascertained only through actual examinations. At present these examinations cannot be made without the consent of the mine owner. The bill in question authorizes the Secretary of the Interior to make inspections and investigations in coal mines, the products or operations of which are |