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LegislationLEGISLATION | Detail


H.R. 5663: Robert C. Byrd Miner Safety and Health Act of 2010

Sponsor: Miller (D - CA)

Official Title: A bill to improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, establish rights of families of victims of workplace accidents, and for other purposes.

Status:
7/1/2010: Introduced in House
7/1/2010: Referred to House Education and Labor Committee
7/13/2010: Hearing Held by House Education and Labor Committee
7/21/2010: Mark up in the House Education and Labor Committee
7/21/2010: Ordered to be reported
7/29/2010: Reported to House
7/29/2010: Referred to House Judiciary Committee
7/29/2010: Discharged House Judiciary Committee
7/29/2010: Placed on House calendar

Commentary:
Section 820(d) of Title 30, U.S. Code, currently prohibits “willfully” violating a mandatory mining health or safety standard or “knowingly” violating or refusing to comply with certain orders issued by the Secretary of Labor. This bill would significantly lower the protectiveness of the mental state required to prove a violation of a mandatory health and safety standard from “willfully” to “knowingly.” Violators are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both on the first conviction, and imprisonment for up to 5 years, a fine of $500,000, or both for subsequent violations. This bill would increase the penalty for first violations to imprisonment for up to 5 years, a fine of $1,000,000, or both, and the penalty for subsequent violations to imprisonment for up to 10 years, a fine of $2,000,000, or both. Under 30 U.S.C. § 820(c), a director, officer, or agent of a corporate violator who “knowingly authorized, ordered, or carried out” the conduct leading to the violation is subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require the government to prove that the director, officer, or agent had any actual knowledge that what he or she authorized, ordered, or carried out was unlawful.

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