Pennsylvania Act 2007-57 — MINE FAMILIES FIRST ACT

Act text

MINE FAMILIES FIRST ACT
                  Act of Oct. 4, 2007, P.L. 415, No. 57               Cl. 27
                                  AN ACT

     Establishing the Mine Families First Program; providing
        assistance to persons whose family members are trapped,
        injured or awaiting rescue during an underground mine
        emergency and for duties of the Department of Environmental
        Protection.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Mine Families
     First Act.
     Section 2.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  Since this Commonwealth began regular reporting in
        1870, over 51,504 miners have died in Pennsylvania's
        anthracite and bituminous mines, specifically, 31,116 in
        anthracite mines and 20,388 in bituminous mines.
            (2)  As a result of mine accidents like the Darr Mine
        Disaster in Westmoreland County that claimed 239 lives in
        1907 and the Knox Mine accident in Luzerne County in 1959,
        where the Susquehanna River broke through an anthracite mine
        and killed 12 miners, Pennsylvania adopted some of the first
        mine safety statutes in the United States, starting in 1869
        with a law requiring ventilation in anthracite mines.
            (3)  The Commonwealth's current mine safety laws, the act
        of July 17, 1961 (P.L.659, No.339), known as the Pennsylvania
        Bituminous Coal Mine Act, and the act of November 10, 1965
        (P.L.721, No.346), known as the Pennsylvania Anthracite Coal
        Mine Act, establish the framework for ensuring the safety of
        workers in bituminous, anthracite and other underground
        industrial mineral mines, but they do not include provisions
        for caring for the families of miners trapped, injured or
        awaiting rescue.
            (4)  The Quecreek Mine accident that occurred in Somerset
        County during July 2002, where nine miners were rescued after
        being trapped as water flooded into the mine, provided a
        model for how to care for the needs of families of miners
        during a mine emergency.
            (5)  It is the policy of the Commonwealth to treat the
        families of miners trapped, injured or awaiting rescue during
        a mine emergency with the dignity and respect they deserve
        and to make sure the families are provided updated
        information on rescue efforts before the public or the media
        and that their needs and questions are attended to during a
        mine emergency.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Mine Emergency Response Program."  The program established
     in the Department of Environmental Protection to ensure the
     safety of underground miners as authorized by the act of July
     17, 1961 (P.L.659, No.339), known as the Pennsylvania Bituminous
     Coal Mine Act, and the act of November 10, 1965 (P.L.721,
     No.346), known as the Pennsylvania Anthracite Coal Mine Act.
     Section 4.  Mine Families First Program.
        (a)  Establishment.--The department shall establish the Mine
     Families First Program as part of the Mine Emergency Response
     Program to ensure two-way communication between those persons in
     command of a mine emergency response operation and the families
     of miners trapped, injured or awaiting rescue.
        (b)  Mine families first response and communication plan.--
     Within 90 days of the effective date of this section, the
     department shall develop a mine families first response and
     communication plan to outline the steps that shall be taken by
     the department and mine owners and operators to communicate with
     families of miners involved in a mine emergency. The plan shall
     at a minimum contain the following:
            (1)  Procedures for the immediate notification of mine
        family members in the event of a mine emergency through
        individuals previously designated by mine workers.
            (2)  Designation of and, if necessary, transportation to
        a physical location for mine families to gather to obtain
        information about the mine emergency and rescue operations.
            (3)  Security provisions to ensure the privacy of mine
        families at the location designated for mine emergency
        briefings for families.
            (4)  Procedures to ensure mine families are briefed
        regularly, before the news media, about the progress of the
        mine emergency response.
            (5)  Designation of a mine family first liaison staff for
        each incident to serve as a 24-hour point of contact for mine
        families to provide a two-way conduit for information about
        the mine emergency and rescue operations.
            (6)  Procedures and a process for involving and
        coordinating the participation of not-for-profit and public
        social service organizations to provide counseling and other
        social services mine families may need during a mine
        emergency.
            (7)  Procedures and a process for notification and, if
        needed, transportation of mine families to medical facilities
        where miners extricated from mines are given follow-up
        medical care.
        (c)  Public review process.--
            (1)  The department shall, within 30 days of completing
        the initial mine families first response and communication
        plan, submit the plan for public review and comment.
            (2)  After completion of the review and comment period,
        the department shall make the necessary revisions to the mine
        families first response and communication plan and develop a
        final plan for use as part of a mine emergency response
        program.
     Section 5.  Family first liaison.
        (a)  Designation.--The department shall designate a person to
     serve as mine families first liaison for each mine emergency,
     whose duties shall include, at a minimum:
            (1)  Provide miners' families with briefings on the
        progress of mine emergency response operations in a timely
        and effective manner.
            (2)  Receive and act on comments, concerns and needs of
        the miners' families during and immediately after the
        response to the mine emergency.
            (3)  Coordinate with the appropriate social service,
        disaster aid and other public and not-for-profit agencies and
        organizations to provide assistance needed by mine families.
            (4)  Assure information about the mine emergency response
        is communicated to miners' families before information is
        released to the public or media.
            (5)  Ensure the wishes of the miners' families are
        honored with respect to the granting of interviews and access
        by the news media.
        (b)  Training program.--The department shall develop a
     training program for mine families first liaisons to provide a
     basic level of competency in handling emergency situations, in
     effective communications techniques and in understanding the
     psychological factors experienced by miners' families during
     mine emergency situations.
     Section 6.  Advisory council.
        (a)  Establishment.--The department shall establish the Mine
     Families First Response and Communication Advisory Council. The
     council shall be comprised of at least the following members:
            (1)  One member representing mine owners.
            (2)  One member representing mine labor unions.
            (3)  One member representing local emergency response
        professionals.
            (4)  One member representing mental health professionals.
            (5)  One member from the Pennsylvania Emergency
        Management Agency.
            (6)  Two at-large members selected from the general
        public.
     Each member shall be appointed by the Governor, with the
     exception of the two at-large members, one of whom shall be
     appointed by the President pro tempore of the Senate and the
     other of whom shall be appointed by the Speaker of the House of
     Representatives. All members must be residents of this
     Commonwealth. One alternate member shall be appointed for each
     member and shall take the place of the respective member
     whenever that member is unable to attend an official meeting.
        (b)  Terms.--Each member shall serve for a period of three
     years. A member upon expiration of that member's term shall
     continue to serve until a successor is appointed.
        (c)  Duties.--The advisory council shall assist the
     department in developing the initial mine families first
     response and communication plan and provide assistance in
     periodic review and updating of the plan. The advisory council
     shall assist in reviewing how the plan was used in the event of
     an actual mine emergency and offer recommendations to the
     department for any needed changes to the plan resulting from its
     review.
        (d)  Expenses.--Advisory council members shall not receive a
     salary but shall be reimbursed for all necessary expenses
     incurred in the performance of their duties. An alternate may
     not be reimbursed unless the alternate serves in place of the
     appointed member.
        (e)  Meetings.--All actions of the advisory council shall be
     by majority vote of the members or alternates present. A quorum
     shall be at least one more than half the number of the advisory
     council members; however, vacancies shall not be counted when
     calculating the number needed for a quorum. The advisory council
     shall elect a chairperson from among its members. The advisory
     council shall meet upon the call of the chairperson, after a
     mine emergency, or at least annually.
     Section 7.  Interagency coordination.
        The department shall coordinate the development of the mine
     families first response and communication plan and the mine
     families first liaison program with the Pennsylvania Emergency
     Management Agency to ensure consistency with overall emergency
     response procedures and protocols.
     Section 8.  Effective date.
        This act shall take effect immediately.