Business owners could be held criminally liable for safety violations if the mine safety act passes.  The country watched the staggering horrors created by recent mine disasters and the apparent ineffectiveness of the Mine Safety Health Administration (MSHA) and demanded change.  The Mine Safety Act, HR 5663, came into being.  But it covers much more than just mine safety.

This bill is considered one of the most sweeping changes to the Occupational Safety and Health Act of 1970.  Business groups are lobbying against this bill.

Under this bill, deaths or serious injuries in the workplace become felonies rather than misdemeanors.   These felonies carry a 10 year prison sentence for a first offense and 20 years for a second.  But it is not clear who would be charged since the language states, “any officer or director”. 

The bill also removes the word “willfully” and replaces it with “knowing” when it comes to these criminal penalties.  Since “knowing” is a new term in safety, this creates confusion.  How does a director defend against “knowing”?

Another bone of contention is the requirement to immediately abate hazards that OSHA finds and cites.  These hazards have to be fixed even before OSHA proves that a standard has been violated.  If OSHA says it, it is now gospel.  Business groups says this violates the concept of “due process”.

 
Again this bill does more than just improve miner safety. It continues to reinforce the adversarial stance that OSHA has taken.