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Mine-Safety Measure Giving U.S. Regulator More Powers Fails to Pass House

Legislation giving regulators expanded power to shut mines with repeated safety violations, such as the Massey Energy Co. mine where 29 coal miners died this year, failed to pass in the House of Representatives.

Lawmakers voted 214-193 for the bill, less than the two- thirds majority needed for expedited action today after the National Association of Manufacturers fought the additional regulations on companies. Republicans, who take control of the House next month, opposed the measure and don’t plan to consider it in the new Congress.

The measure, approved by the House Labor and Education Committee in July, would have boosted penalties for some types of mine-safety violations and added protections for whistleblowers who report safety lapses. It would expand subpoena powers of the Mine Safety and Health Administration and provide additional pay protection for employees unable to work when violations lead regulators to close a mine.

“There are life-threatening gaps in our mine safety laws,” said Representative George Miller, a California Democrat and sponsor of the measure. “We’ve tried it the other way, with self-enforcement, and it doesn’t work.”

Lawmakers and regulators have been examining steps to boost safety after an April 5 explosion ripped Massey’s Upper Big Branch mine in Montcoal, West Virginia, the worst U.S. mine accident in 40 years. The mine has been cited by regulators for deficiencies in ventilation and for buildups of combustible coal dust before the explosion.

Manufacturer Opposition

Business groups led by the National Association of Manufacturers said the bill would limit appeals by employers and lacked incentives for companies to improve workplace safety programs. “It seeks to create a solution to a problem we don’t fully understand,” said Representative Brett Guthrie, a Kentucky Republican.

Massey is challenging the mine-safety agency over ventilation requirements at Upper Big Branch. The company said in a June lawsuit that MSHA rejected a system that it said would have aided workers and forced installation of a complex setup in an area where miners are working at the time of the blast.

Regulators are seeking to change a system in which Massey and other mining companies appeal safety violations to delay or avoid safety enforcement actions.

The legislation is H.R. 6495.

To contact the reporter on this story: Holly Rosenkrantz in Washington at hrosenkrantz@bloomberg.net.

To contact the editor responsible for this story: Larry Liebert at lliebert@bloomberg.net.

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