Sec. 104. Additional amendments relating to inspections, investigations, and recordkeeping
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Section 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts. If an inspection of a working section of a mine occurs during a shift on which a mechanized mining unit is producing, or customarily produces, coal on such section, then such inspection shall be conducted while such unit is producing coal at a rate that is reasonably consistent with the average rate of production at the mine during the previous quarter. .
Section 103(a) (as amended by subsection (a)) is further amended by inserting after the fifth sentence (as inserted by such subsection) the following: If the Secretary determines that the operator has not properly maintained a record of all violations of this Act (including any mandatory health or safety standard or regulation promulgated under this Act) for a mine, the Secretary shall provide, during the 3-month period following such determination, a minimum of one spot inspection by his authorized representative of all or part of such mine, during every 15 working days and at irregular intervals.
Such inspections shall be in addition to any other inspections required under this section. . Section 103(d) ( 30 U.S.C. 813(d) ) is amended by striking the last sentence and inserting the following: The records to be kept and made available by the operator of the mine shall include man-hours worked and occupational injuries and illnesses, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but at not less than annually.
Each operator shall be responsible for reporting on all miners working at such mine regardless of their employer, except that independent contractors (within the meaning of section 3(d)) shall only be responsible for reporting on miners in their employ or under their direction or authority. . Section 103(k) ( 30 U.S.C. 813(k) ) is amended by striking , when present, . Section 103(a) (30 U.S.C. 813(a)) (as amended by subsections
(a)and
(b)is further amended by adding at the end the following: During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States District Court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action. . Section 103 ( 30 U.S.C. 813 ) is amended by adding at the end the following: The Secretary shall establish and maintain a publicly available electronic database containing current and historical data on the safety records of each coal or other mine. Such database shall be user-friendly and searchable, and shall have the ability to provide aggregate data for each mine, each operator, and each controller of a mine and the ability to compare safety data between mines, operators, and controllers. . Section 103 (as amended by subsection (f)) is further amended by adding at the end the following: To the maximum extent practicable, when the Secretary identifies a mine as having a significant or persistent safety or health problem— an authorized representative of the Secretary shall request a meeting with the appropriate State-level regulator to share the concerns of the Secretary when the Secretary determines that such actions would improve conditions of the mine; and the Secretary and the State-level regulator may develop a joint plan designed to correct the identified problem. Nothing in this subsection shall be construed to require the Secretary to take action that could delay or compromise any civil or criminal enforcement action or proceeding. . Section 112 ( 30 U.S.C. 822 ) is amended— by striking Except as provided and inserting the following: Except as provided ; and by adding at the end the following: The Attorney General shall designate 1 or more full-time employees with expertise in the mining industry to coordinate with the Department of Labor and assist United States attorneys in the investigation and prosecution of criminal violations under this Act. .
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Sec. 104
Additional amendments relating to inspections, investigations, and recordkeeping
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