Sec. 101. Independent accident investigations
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Section 103(b) (30 U.S.C. 813(b)) is amended by striking
(b)For the purpose and inserting the following: For all accident investigations under this Act, the Secretary shall— determine why the accident occurred; determine whether there were violations of law, mandatory health or safety standards, or other requirements; and if there is evidence of conduct that may constitute a violation of Federal criminal law, refer such evidence to the Attorney General of the United States; and make recommendations to avoid any recurrence. There shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel ) appointed under subparagraph
(B)for— any accident involving 3 or more deaths; or any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research, of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH ). Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary. The Secretary of Health and Human Services— shall appoint as members of the Panel— 1 operator of a mine or individual representing mine operators; and 1 member of a labor organization or other representative of miners; and shall not appoint more than 1 of either type of individuals described in items
(aa)and
(bb)as members of the Panel. The Director of NIOSH shall designate NIOSH staff to facilitate the work of the Panel. The Director may accept as staff personnel on detail from other Federal agencies or may re-employ annuitants. The detail of personnel under this paragraph may be on a non-reimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege. The Director of NIOSH shall have the authority to procure on behalf of the Panel such materials, supplies, or services, including technical experts, as requested in writing by a majority of the Panel. All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. The Panel shall— assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; identify and evaluate any contributing actions or inactions of— the operator; any contractors or other persons engaged in mining-related functions at the site; any State agency with oversight responsibilities; any agency or office within the Department of Labor; the Federal Mine Safety and Health Review Commission; or any other person or entity (including equipment manufacturers); review the determinations and recommendations made by the Secretary under paragraph (1); prepare a report that— includes the findings regarding the causal factors described in clauses
(i)and (ii); identifies any strengths and weaknesses in the Secretary’s investigation; and includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, that, in the judgment of the Panel, would prevent a recurrence at other mines; and publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. Not later than 90 days after the date of enactment of the Robert C. Byrd Mine and Workplace Safety and Health Act of 2013 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publically issue a memorandum of understanding that— outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that the Secretary's investigation under paragraph
(1)is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided to such Secretary under this section, including subpoena authority, to obtain information and witnesses which may be requested by such Panel; and establishes such other arrangements as are necessary to implement this paragraph. Not later than 90 days after the date of enactment of the Robert C. Byrd Mine and Workplace Safety and Health Act of 2013 , the Secretary of Health and Human Services shall establish procedures to ensure the consistency and effectiveness of Panel investigations. In establishing such procedures, such Secretary shall consult with independent safety investigation agencies, sectors of the mining industry, representatives of miners, families of miners involved in fatal accidents, State mine safety agencies, and mine rescue organizations. Such procedures shall include— authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. For the purpose of carrying out any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director of NIOSH shall, at the request of a majority of the Panel or upon the Director's own initiative sign, and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Director of NIOSH or Panel, or to appear and produce documents before the Director or Panel, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. In carrying out inspections and investigations under this paragraph, the Director of NIOSH or the Panel, and the staff of and attorneys representing the Director or Panel, are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel, or the staff or attorneys of the Director or Panel, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. There is authorized to be appropriated to carry out this subsection such sums as may be necessary. For the purpose . Section 511(a) ( 30 U.S.C. 958(a) ) is amended by inserting after 501, the following: the status of implementation of recommendations from each independent investigation panel under section 103(b) received in the preceding 5 years, .
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