Not quite three years ago 29 coal miners died in an explosion in a West Virginia mine with a history of deliberate safety violations and a corporate CEO who put “running coal” over miner safety. Yet, says Rep. George Miller (D-Calif.), since the Upper Big Branch tragedy:

Congress hasn’t been able to do anything to fix our laws so that rogue operators are deterred from operating outside the margins of safety. It piles tragedy upon tragedy if these families have to wait until the next deadly event for Congress to act.     

Last week, Miller and Rep. Nick Joe Rahall (D-W.Va.) introduced legislation to bring the nation’s mine health and safety laws up to date, give mine safety officials the ability to effectively investigate and shut down habitually dangerous mines and hold mine operators accountable for putting their workers in unnecessary danger. Said Rahall:

While no piece of legislation can remove all of the dangers inherent in coal mining, we have a responsibility to advance sensible improvements in our national mine health and safety program that we know can save lives.

The bill, the Robert C. Byrd Mine Safety Protection Act of 2013, builds on the provisions from a 2010 measure introduced shortly after the Upper Big Branch disaster, which was blocked by the Republican-controlled House.

New provisions in the legislation being introduced today would require mine operators to record and maintain records of rock dust purchases so that the Mine Safety and Health Administration (MSHA) can verify steps taken by operators to prevent the build-up of explosive coal dust, a key factor at Upper Big Branch.

Civil penalties for targeted violations that are known to have contributed to previous mining tragedies are increased, and protections are expanded for whistleblowers who report safety violations to MSHA. It also:

• Expands subpoena powers for MSHA, so that the agency, like the state of West Virginia could more thoroughly conduct investigations into mine accidents.
• Strengthens penalties against those who would give advance notice of mine safety inspections.
• Increases the amount of rock dusting to 80% of total incombustible content in all working areas.

Read a fact sheet on the bill.

Late last month in federal court, the former president of a Massey Energy subsidiary, who also served for 20 years in top positions throughout Massey, implicated former Massey CEO Donald Blankenship in a long-term scheme to hide mine safety violations from federal inspectors at mines throughout the Massey system.

David Hughart, former president of White Buck Coal Co., pleaded guilty to conspiring with other company officials from 2000 to 2010 to warn of inspections that could let miners and managers conceal potentially deadly conditions that could lead to a shutdown in production. At the hearing, The Associated Press reported:

When asked by Judge Irene Berger if such warnings were company policy and, if so, who ordered it, Hughart said "the chief executive officer." Though he was not mentioned by name in court, Don Blankenship was Massey CEO at the time. And outside the courtroom, Karen Hughart confirmed that's who her husband meant.

Hughart will be sentenced in June.

Former Upper Big Branch security chief Hughie Elbert Stover was convicted in October 2011 of obstructing justice and lying to FBI and MSHA agents investigating the mine explosion. He was sentenced to 36 months in prison. Also former Upper Big Branch mines superintendent Gary May was sentenced to 21 months in prison in January, pleading guilty to evading federal mine safety and laws and covering up safety violations.