,,ii #aafth ,,congress #b;d ,session ,s4 #ejdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjbj ,mr4 ,casey 7for himself1 ,mr4 ,brown1 and ,mr4 ,manchin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to improve compliance with mine safety and health laws1 empower miners to raise safety concerns1 and prevent future mine tragedies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj 4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references4 ,,title ,i--,additional inspection and investigation authority ,sec4 #aja4 ,independent accident investigations4 ,sec4 #ajb4 ,subpoena authority and miner rights during inspections and investigations4 ,sec4 #ajc4 ,designation of miner representative4 ,sec4 #ajd4 ,additional amendments relating to inspections and investigations4 ,,title ,,ii--,enhanced enforcement authority ,sec4 #bja4 ,technical amendment4 ,sec4 #bjb4 ,procedures and criteria for determining a pattern of violations4 ,sec4 #bjc4 ,injunctive authority4 ,sec4 #bjd4 ,revocation of approval of plans4 ,sec4 #bje4 ,challenging a decision to approve1 modify1 or revoke a coal or other mine program or plan4 ,sec4 #bjf4 ,,gao study on ,,msha underground mine plan approval4 ,,title ,,iii--,penalties ,sec4 #cja4 ,civil penalties4 ,sec4 #cjb4 ,civil and criminal liability of officers1 directors1 and agents4 ,sec4 #cjc4 ,criminal penalties4 ,sec4 #cjd4 ,commission review of penalty assessments4 ,sec4 #cje4 ,delinquent payments and prejudgment interest4 ,,title ,,iv--,miners' rights and protections ,sec4 #dja4 ,protection from retaliation4 ,sec4 #djb4 ,protection from loss of pay4 ,sec4 #djc4 ,underground coal miner employment standard for mines with patterns of violations4 ,,title ,v--,modernizing health and safety standards ,sec4 #eja4 ,pre-shift review of mine conditions4 ,sec4 #ejb4 ,rock dust standards4 ,sec4 #ejc4 ,atmospheric monitoring systems4 ,sec4 #ejd4 ,study on respirable dust standards4 ,sec4 #eje4 ,refresher training on miners' rights and responsibilities4 ,sec4 #ejf4 ,authority to mandate additional training4 ,sec4 #ejg4 ,brookwood-,sago ,mine ,safety ,grants4 ,sec4 #ejh4 ,certification of personnel4 ,sec4 #eji4 ,electronic records requirement4 ,,title ,,vi--,additional mine safety provisions ,sec4 #fja4 ,definitions4 ,sec4 #fjb4 ,assistance to ,states4 ,sec4 #fjc4 ,double encumbrance2 succession plan4 ,,title ,,vii--,amendments to the ,occupational ,safety and ,health ,act of #aigj ,sec4 #gja4 ,coverage of public employees4 ,sec4 #gjb4 ,enhanced protections from retaliation4 ,sec4 #gjc4 ,victims' rights4 ,sec4 #gjd4 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay4 ,sec4 #gje4 ,conforming amendments4 ,sec4 #gjf4 ,civil penalties4 ,sec4 #gjg4 ,criminal penalties4 ,sec4 #gjh4 ,penalties4 ,sec4 #gji4 ,authorization of cooperative agreements by ,,niosh ,office of ,mine ,safety and ,health4 ,sec4 #gaj4 ,effective date4 #b4 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment is expressed as an amendment to a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq474 ,i ,additional inspection and investigation authority #aja4 ,independent accident investigations 7a7 ,in general ,section #ajc7;b7 7#cj ,u4,s4,c4 #hac7;b77 is amended-- 7#a7 by striking 7b7 ,for the purpose and inserting the following3 7b7 ,accident investigations 7#a7 ,in general ,for all accident investigations under this ,act1 the ,secretary shall-- 7,a7 determine why the accident occurred2 7,b7 determine whether there were violations of law1 mandatory health or safety standards1 or other requirements1 and if there is evidence of conduct that may constitute a violation of ,federal criminal law1 the ,secretary may refer such evidence to the ,attorney ,general2 and 7,c7 make recommendations to avoid any recurrence4 7#b7 ,independent accident investigations 7,a7 ,in general ,there shall be1 in addition to an accident investigation under paragraph 7#a71 an independent investigation by an independent investigation panel 7referred to in this subsection as the ,panel7 appointed under subparagraph 7,b7 for-- 7i7 any accident involving #c or more deaths2 or 7ii7 any accident that is of such severity or scale for potential or actual harm that1 in the opinion of the ,secretary of ,health and ,human ,services1 the accident merits an independent investigation4 7,b7 ,appointment 7i7 ,in general ,as soon as practicable after an accident described in subparagraph 7,a71 the ,secretary of ,health and ,human ,services shall appoint #e members for the ,panel required under this paragraph from among individuals who have expertise in accident investigations1 mine engineering1 or mine safety and health that is relevant to the particular investigation4 7ii7 ,chairperson ,the ,panel shall include1 and be chaired by1 a representative from the ,office of ,mine ,safety and ,health ,research of the ,national ,institute for ,occupational ,safety and ,health 7referred to in this subsection as ,,niosh74 7iii7 ,conflicts of interest ,panel members1 and staff and consultants assisting the ,panel with an investigation1 shall be free from conflicts of interest with regard to the investigation1 and be subject to the same standards of ethical conduct for persons employed by the ,secretary of ,health and ,human ,services4 7iv7 ,composition ,the ,secretary of ,health and ,human ,services-- 7,i7 shall appoint as members of the ,panel-- 7aa7 #a operator of a mine or individual representing mine operators2 and 7bb7 #a representative of a labor organization that represents miners2 and 7,,ii7 may not appoint more than #a of either type of individuals described in items 7aa7 and 7bb7 as members of the ,panel4 7v7 ,staff and expenses ,the ,director of ,,niosh 7referred to in this subsection as the ,director7 shall designate ,,niosh staff to facilitate the work of the ,panel4 ,the ,director may accept as staff personnel on detail from other ,federal agencies or reemploy annuitants4 ,the detail of personnel under this paragraph may be on a non-reimbursable basis1 and such detail shall be without interruption or loss of civil service status or privilege4 ,the ,director shall have the authority to procure on behalf of the ,panel such materials1 supplies or services1 including technical experts1 as requested in writing by a majority of the ,panel4 7vi7 ,compensation and travel ,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 ,states4 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of duties of the ,panel4 ,the members of the ,panel shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,panel4 7,c7 ,duties ,the ,panel shall-- 7i7 assess and identify any factors that caused the accident1 including deficiencies in safety management systems1 regulations1 enforcement1 industry practices or guidelines1 or organizational failures2 7ii7 identify and evaluate any contributing actions or inactions of-- 7,i7 the operator2 7,,ii7 any contractors or other persons engaged in mining-related functions at the site2 7,,iii7 any ,state agency with oversight responsibilities2 7,,iv7 any agency or office within the ,department of ,labor2 7,v7 the ,federal ,mine ,safety and ,health ,review ,commission2 or 7,,vi7 any other person or entity 7including equipment manufacturers72 7iii7 review the determinations and recommendations of the ,secretary under paragraph 7#a72 7iv7 prepare a report that-- 7,i7 includes the findings regarding the causal factors described in clauses 7i7 and 7ii72 7,,ii7 identifies any strengths and weaknesses in the ,secretary's investigation2 and 7,,iii7 includes recommendations1 including interim recommendations where appropriate1 to industry1 labor organizations1 ,state and ,federal agencies1 or ,congress1 regarding policy1 regulatory1 enforcement1 administrative1 or other changes1 which1 in the judgment of the ,panel1 would prevent a recurrence at other mines2 and 7v7 publish such findings and recommendations 7excluding any portions which the ,attorney ,general requests that the ,secretary withhold in relation to a criminal referral7 and hold public meetings to inform the mining community and families of affected miners of the ,panel's findings and recommendations4 7,d7 ,hearings2 applicability of certain ,federal law ,the ,panel shall have the authority to conduct public hearings or meetings1 but shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 ,all public hearings of the ,panel shall be subject to the requirements under section #eeb;b of title #e1 ,united ,states ,code4 7,e7 ,memorandum of understanding ,not later than #ij days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary of ,labor and the ,secretary of ,health and ,human ,services shall conclude and publicly issue a memorandum of understanding that-- 7i7 outlines administrative arrangements which will facilitate a coordination of efforts between the ,secretary of ,labor and the ,panel1 ensures that such ,secretary's investigation under paragraph 7#a7 is not delayed or otherwise compromised by the activities of the ,panel1 and establishes a process to resolve any conflicts between such investigations2 7ii7 ensures that ,panel members or staff will be able to participate in investigation activities 7such as mine inspections and interviews7 related to the ,secretary of ,labor's investigation and will have full access to documents that are assembled or produced in such investigation1 and ensures that the ,secretary of ,labor will make available to the ,panel all of the authority provided under this section to such ,secretary relating to obtaining information and witnesses1 which may be requested by the ,panel2 and 7iii7 establishes such other arrangements as are necessary to implement this paragraph4 7,f7 ,procedures ,not later than #ij days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary of ,health and ,human ,services shall establish procedures to ensure the consistency and effectiveness of ,panel investigations4 ,in establishing such procedures1 such ,secretary shall consult with independent safety investigation agencies1 sectors of the mining industry1 representatives of miners1 families of miners involved in fatal accidents1 ,state mine safety agencies1 and mine rescue organizations4 ,such procedures shall include-- 7i7 authority for the ,panel to use evidence1 samples1 interviews1 data1 analyses1 findings1 or other information gathered by the ,secretary of ,labor1 as the ,panel determines valid2 7ii7 provisions to ensure confidentiality if requested by any witness1 to the extent permitted by law1 and prevent conflicts of interest in witness representation2 and 7iii7 provisions for preservation of public access to the ,panel's records through the ,secretary of ,health and ,human ,services4 7,g7 ,subpoenas2 witnesses2 contempt 7i7 ,subpoena authority ,for the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph1 the ,director shall at the request of a majority of the ,panel1 or upon the initiative of such ,director1 sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 books1 and documents1 and administer oaths4 ,witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the ,united ,states4 7ii7 ,additional investigative authority ,in carrying out inspections and investigations under this paragraph1 the staff of the ,director or ,panel and attorneys representing the ,director or ,panel are authorized to question any individual privately4 ,under this subparagraph1 any individual who is willing to speak with or provide a statement to the ,director or ,panel's staff or their attorneys1 may do so without the presence1 involvement1 or knowledge of the operator or the operator's agents or attorneys4 ,the ,director or ,panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law4 ,nothing in this paragraph prevents any individual from being represented by that individual's personal attorney or other representative4 7#c7 ,powers and processes ,for the purpose 2 and 7#b7 by striking give testimony before the ,secretary or to appear and produce documents before the ,secretary and inserting give testimony before the ,secretary 7or1 in the case of a subpoena under paragraph 7#b77;,g71 the ,director or ,panel7 and produce documents before the ,secretary 7or1 in such case1 the ,director or ,panel74 7b7 ,reporting requirements ,section #eaa7;a7 7#cj ,u4,s4,c4 #ieh7;a77 is amended by inserting after #eja1 the following3 the status of implementation of recommendations from each independent investigation panel under section #ajc7;b77#b7 received in the preceding #e years14 #ajb4 ,subpoena authority and miner rights during inspections and investigations ,section #ajc7;b7 7#cj ,u4,s4,c4 #hac7;b771 as so amended1 is further amended by adding at the end the following3 7#d7 ,additional powers ,in carrying out inspections and investigations under this subsection1 authorized representatives of the ,secretary and attorneys representing the ,secretary are authorized to question any individual privately4 ,under this section1 any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the ,secretary may do so without the presence1 involvement1 or knowledge of the operator or the operator's agents or attorneys4 ,the ,secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law4 ,nothing in this paragraph prevents any individual from being represented by that individual's personal attorney or other representative4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection such sums as may be necessary4 4 #ajc4 ,designation of miner representative ,section #ajc7;f7 7#cj ,u4,s4,c4 #hac7;f77 is amended by inserting before the last sentence the following3 ,if any miner is entrapped1 disabled1 killed1 or otherwise prevented as the result of an accident in such mine from designating such a representative directly1 such miner's closest relative may act on behalf of such miner in designating such a representative4 ,if any miner is not currently working in such mine as the result of an accident in such mine1 but would be currently working in such mine but for such accident1 such miner may designate such a representative4 ,a representative of miners shall have the right to participate in any accident investigation the ,secretary initiates pursuant to subsection 7b71 including the right to participate in investigative interviews and to review all relevant papers1 books1 documents1 and records produced in connection with the accident investigation1 unless the ,secretary1 in consultation with the ,attorney ,general1 excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration44 #ajd4 ,additional amendments relating to inspections and investigations 7a7 ,hours of inspections ,section #ajc7;a7 7#cj ,u4,s4,c4 #hac7;a77 is amended by inserting after the third sentence the following3 ,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 shifts44 7b7 ,review of pattern of violations ,section #ajc7;a7 7#cj ,u4,s4,c4 #hac7;a771 as so amended1 is further amended by inserting before the last sentence the following3 ,upon request by an operator or authorized representative of such operator1 during the course of the inspections required to carry out the requirements of clauses 7#c7 and 7#d7 or 7at the discretion of the ,secretary7 during the pre-inspection conference1 the ,secretary shall review with the appropriate mine officials the ,secretary's most recent determination regarding whether such operator has a pattern of violations under section #ajd7;e7 for the applicable coal or other mine44 7c7 ,injury and illness reporting ,section #ajc7;d7 7#cj ,u4,s4,c4 #hac7;d77 is amended by striking the last sentence and inserting the following3 ,the records to be kept and made available by the operator of the mine shall include man-hours worked1 and occupational injuries and illnesses1 of the miners employed by1 or under the direction or authority of1 such operator1 and shall be maintained separately for each mine and be reported at a frequency determined by the ,secretary1 but not less than annually4 ,independent contractors 7within the meaning of section #c7;d77 shall be responsible for reporting accidents1 occupational injuries and illnesses1 and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority4 ,such independent contractors shall so report at a frequency determined by the ,secretary1 but not less than annually4 ,reports or records of operators required and submitted to the ,secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification1 registration1 qualification1 or other approval under section #aah4 ,knowingly falsifying such reports or records shall be grounds for revoking such certification1 registration1 qualification1 or other approval under the standards established under subsection 7b77#a7 of such section44 7d7 ,orders following an accident ,section #ajc7k7 7#cj ,u4,s4,c4 #hac7k77 is amended by striking 1 when present14 7e7 ,conflict of interest in the representation of miners ,section #ajc7;a7 7#cj ,u4,s4,c4 #hac7;a771 as amended by this section1 is further amended by adding at the end the following3 ,during inspections and investigations under this section1 and during any litigation under this ,act1 no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual1 unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation4 ,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 interest4 ,if the ,secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest1 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 matter4 ,the ,secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action44 ,,ii ,enhanced enforcement authority #bja4 ,technical amendment ,section #ajd7;d77#a7 7#cj ,u4,s4,c4 #had7;d77#a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking any mandatory health or safety standard and inserting any provision of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act2 and 7,b7 by striking such mandatory health or safety standards and inserting such provisions1 regulations1 or mandatory health or safety standards2 and 7#b7 in the second sentence1 by striking any mandatory health or safety standard and inserting any provision of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act14 #bjb4 ,procedures and criteria for determining a pattern of violations ,section #ajd7;e77#d7 is amended to read as follows3 7#d7 ,the criteria for determining when a pattern of violations of mandatory health or safety standards exists1 and the requirements for the issuance and termination of notice of a pattern of violations1 shall be the criteria and requirements in the regulations promulgated by the ,secretary under part #ajd of chapter ,i of title #cj1 ,code of ,federal ,regulations1 as published on ,january #bc1 #bjac4 4 #bjc4 ,injunctive authority ,section #ajh7;a77#b7 7#cj ,u4,s4,c4 #hah7;a77#b77 is amended by striking a pattern of violation of and all that follows through the period and inserting a course of conduct that in the judgment of the ,secretary constitutes a continuing hazard to the health or safety of miners1 including violations of this ,act or of mandatory health or safety standards or regulations under this ,act44 #bjd4 ,revocation of approval of plans ,section #aje 7#cj ,u4,s4,c4 #hae7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 7#b7 in subsection 7a71 by striking subsection 7d7 and inserting subsection 7e72 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,revocation of approval of programs or plans 7#a7 ,revocation ,if the ,secretary finds that any program or plan of an operator1 or part thereof1 that was approved by the ,secretary under this ,act is based on inaccurate information or that circumstances that existed when such program or plan was approved have materially changed and that continued operation of such mine or an area of such mine under such program or plan constitutes a hazard to the safety or health of miners1 the ,secretary shall revoke the approval of such program or plan4 7#b7 ,withdrawal orders ,upon revocation of the approval of a program or plan under paragraph 7#a71 the ,secretary may immediately issue an order requiring the operator to cause all persons1 except those persons referred to in section #ajd7;c71 to be withdrawn from such mine or an area of such mine1 and to be prohibited from entering such mine or such area1 until the operator has submitted and the ,secretary has approved a new plan4 4 #bje4 ,challenging a decision to approve1 modify1 or revoke a coal or other mine program or plan ,section #aje7;e7 7#cj ,u4,s4,c4 #hae7;e771 as so redesignated by section #bjd7a71 is amended by adding at the end the following3 ,in any proceeding in which a party challenges the ,secretary's decision whether to approve1 modify1 or revoke a coal or other mine program or plan under this ,act1 the ,commission shall affirm the ,secretary's decision unless the challenging party establishes that such decision was arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law44 #bjf4 ,,gao study on ,,msha underground mine plan approval ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall provide a report to ,congress on the timeliness of approval by the ,mine ,safety and ,health ,administration of plans1 and amendments to such plans1 for underground coal mines under the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq471 including-- 7#a7 factors that contribute to any delays in the approval of such plans2 and 7#b7 as appropriate1 recommendations for improving timeliness of plan review and for achieving prompt decisions regarding such approval4 ,,iii ,penalties #cja4 ,civil penalties 7a7 ,targeted penalties ,section #aaj7;b7 7#cj ,u4,s4,c4 #hbj7;b77 is amended by adding at the end the following3 7#c7 ,any person may be assessed a civil penalty of not more than #bbj1jjj for-- 7,a7 any change to a ventilation system or ventilation control in a coal or other mine1 where such ventilation system or control is required by a ventilation plan1 safety standard1 or order1 and such change is made without prior approval of the ,secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order2 7,b7 a violation of a mandatory health or safety standard requiring rock dusting in a coal mine2 7,c7 a violation of the prohibition under section #ajc on providing advance notice of an inspection2 or 7,d7 a violation of a mandatory health or safety standard requiring examinations of work areas in an underground coal mine4 4 7b7 ,increased civil penalties for patterns of violations ,section #aaj7;b7 7#cj ,u4,s4,c4 #hbj7;b771 as so amended1 is further amended by adding at the end the following3 7#d7 ,notwithstanding any other provision of this ,act1 an operator of a coal or other mine that has established a pattern of violations under section #ajd7;e7 shall be assessed an increased civil penalty for any violation of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act4 ,such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this ,act1 including the regulations promulgated under this ,act1 subject to the maximum civil penalty established for the violation under this ,act4 4 7c7 ,civil penalty for retaliation ,section #aaj7;a7 7#cj ,u4,s4,c4 #hbj7;a77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,if any person violates section #aje7;c71 the ,secretary shall propose1 and the ,commission shall assess1 a civil penalty of not less than #aj1jjj or more than #ajj1jjj for the first occurrence of such violation1 and not less than #bj1jjj or more than #bjj1jjj for any subsequent violation1 during any #c-year period4 4 7d7 ,technical amendment ,section #aaj7;a77#a7 7#cj ,u4,s4,c4 #hbj7;a77#a77 is amended by inserting including any regulation promulgated under this ,act1 after this ,act14 #cjb4 ,civil and criminal liability of officers1 directors1 and agents ,section #aaj7;c7 7#cj ,u4,s4,c4 #hbj7;c77 is amended to read as follows3 7c7 ,civil and criminal liability of officers1 directors1 and agents 7#a7 ,civil penalties ,whenever an operator engages in conduct for which the operator is subject to a civil penalty under this section1 any director1 officer1 or agent of such operator who knowingly authorizes1 orders1 or carries out such conduct1 or who knowingly authorizes1 orders1 or carries out any policy or practice that results in such conduct 7having reason to believe such a result would occur71 shall be subject to the same civil penalty under this section as such operator4 7#b7 ,criminal penalties ,whenever an operator engages in conduct for which the operator is subject to a criminal penalty under subsection 7d71 any director1 officer1 or agent of such operator who knowingly authorizes1 orders1 or carries out such conduct1 or who knowingly authorizes1 orders1 or carries out a policy or practice that results in such conduct 7knowing that such a result would occur71 shall be subject to the same penalty under paragraph 7#a71 7#b71 or 7#c7 of subsection 7d7 as such operator4 4 #cjc4 ,criminal penalties 7a7 ,in general ,section #aaj7;d7 7#cj ,u4,s4,c4 #hbj7;d77 is amended to read as follows3 7d7 ,criminal penalties 7#a7 ,in general ,subject to paragraph 7#b71 any operator shall1 upon conviction1 be assessed a fine of not more than #bej1jjj1 imprisoned for not more than #a year1 or both1 if such operator knowingly-- 7,a7 violates a mandatory health or safety standard2 or 7,b7 violates 7or fails or refuses to comply with7 any order issued under section #ajd or #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c774 7#b7 ,previous conviction ,any operator who commits a violation under paragraph 7#a7 after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury1 serious illness1 or death1 shall1 upon such subsequent conviction1 be fined not more than #a1jjj1jjj1 or imprisoned for not more than #e years1 or both4 7#c7 ,significant risk of serious injury1 serious illness1 or death 7,a7 ,in general ,subject to subparagraph 7,b71 any operator shall1 upon conviction1 be fined not more than #a1jjj1jjj or imprisoned for not more than #e years1 or both1 if such operator recklessly exposes a miner to a significant risk of serious injury1 serious illness1 or death1 by knowingly-- 7i7 tampering with or disabling a required safety device 7except with express authorization from the ,secretary72 7ii7 violating a mandatory health or safety standard2 or 7iii7 violating 7or failing or refusing to comply with7 an order issued under section #ajd or #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c774 7,b7 ,exception ,any operator who commits a violation under subparagraph 7,a7 after having been previously convicted of a violation under such subparagraph shall1 upon such subsequent conviction1 be fined not more than #b1jjj1jjj1 or imprisoned for not more than #aj years1 or both4 7#d7 ,interference with employment or livelihood 7,a7 ,in general ,any operator shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both1 if such operator knowingly1 and with any intent described in subparagraph 7,b71 interferes with the lawful employment or livelihood of a person1 or the spouse1 sibling1 child1 or parent of a person1 because such person1 spouse1 sibling1 child1 or parent provides information1 in reasonable belief that such information is true and related to an apparent health or safety violation 7or to an apparent unhealthy or unsafe condition1 policy1 or practice7 under this ,act1 to an authorized representative of the ,secretary1 to a ,state or local mine safety or health officer or official1 or to any other law enforcement officer or official4 7,b7 ,intent ,the intent required under subparagraph 7,a7 is the intent to-- 7i7 retaliate against a person1 spouse1 sibling1 child1 or parent described in such subparagraph2 or 7ii7 prevent such person1 spouse1 sibling1 child1 or parent from providing the information as described in such subparagraph4 4 7b7 ,advance notice of inspections 7#a7 ,in general ,section #aaj7;e7 7#cj ,u4,s4,c4 #hbj7;e77 is amended to read as follows3 7e7 ,advance notice of inspections 7#a7 ,in general ,subject to paragraph 7#b71 any person 7other than the ,secretary of ,health and ,human ,services with respect to inspections under clauses 7#a7 and 7#b7 of section #ajc7;a77 who knowingly1 with the intent to give advance notice of an inspection conducted1 or to be conducted1 under this ,act and thereby with the intent to impede1 interfere with1 or frustrate such inspection1 engages in1 or directs another person to engage in1 conduct that a reasonable person would expect to result in such advance notice1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7#b7 ,offense by a miner ,any miner 7other than a director1 officer1 or agent of the operator involved7 who commits the offense described in paragraph 7#a7 at the direction of a superior shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #a year1 or both1 unless such miner commits a subsequent offense under this subsection 7without regard to whether the offense was committed at the direction of a superior7 in which case such miner shall be fined for such subsequent offense under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 4 7#b7 ,posting of advance notice penalties ,section #aji 7#cj ,u4,s4,c4 #hai7 is amended by adding at the end the following3 7e7 ,posting of advance notice penalties ,each operator of a coal or other mine shall post1 on the bulletin board described in subsection 7a7 and in a conspicuous place near each staffed entrance to the mine property1 a notice stating1 in a form and manner to be prescribed by the ,secretary-- 7#a7 that it is unlawful under section #aaj7;e7 for any person 7other than the ,secretary of ,health and ,human ,services with respect to inspections under clauses 7#a7 and 7#b7 of section #ajc7;a771 with the intent to impede1 interfere with1 or frustrate an inspection conducted or to be conducted under this ,act1 to engage in1 or direct another person to engage in1 any conduct that a reasonable person would expect to result in advance notice of such inspection2 and 7#b7 the maximum penalties for a violation under section #aaj7;e74 4 #cjd4 ,commission review of penalty assessments ,section #aaj7;i7 7#cj ,u4,s4,c4 #hbj7;i77 is amended by striking ,in assessing civil monetary penalties1 the ,commission shall consider and inserting the following3 ,in any review of a citation and proposed penalty assessment contested by an operator1 the ,commission shall assess not less than the penalty derived by using the same methodology 7including any point system7 prescribed in regulations under this ,act1 so as to ensure consistency in operator penalty assessments1 except that the ,commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the ,commission finds that there are extraordinary circumstances4 ,if there is no such methodology prescribed for a citation or there are such extraordinary circumstances1 the ,commission shall assess the penalty by considering4 #cje4 ,delinquent payments and prejudgment interest 7a7 ,pre-,final order interest ,section #aaj7;j7 7#cj ,u4,s4,c4 #hbj7;j77 is amended by striking the second and third sentences and inserting the following3 ,pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act1 and shall end upon the issuance of the final order4 ,such pre-final order interest shall be calculated at the current underpayment rate determined by the ,secretary of the ,treasury pursuant to section #ffba of the ,internal ,revenue ,code of #aihf1 and shall be compounded daily4 ,post-final order interest shall begin to accrue #cj days after the date a final order of the ,commission or the court is issued1 and shall be charged at the rate of #h percent per annum44 7b7 ,ensuring payment of penalties 7#a7 ,amendments ,section #aaj 7#cj ,u4,s4,c4 #hbj7 is further amended-- 7,a7 by redesignating subsection 7l7 as subsection 7m72 and 7,b7 by inserting after subsection 7k7 the following3 7l7 ,ensuring payment of penalties 7#a7 ,delinquent payment letter ,if the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the ,commission or a court within #de days after such assessment became a final order1 the ,secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay4 ,the letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the ,secretary based upon a demonstrated inability to pay1 the procedure for entering into such plan1 and the consequences of not entering into or not complying with such plan4 7#b7 ,withdrawal orders following failure to pay ,if an operator that receives a letter under paragraph 7#a7 has not paid the assessment by the date that is #ahj days after such assessment became a final order and has not entered into a payment plan with the ,secretary1 the ,secretary shall issue an order requiring such operator to cause all persons1 except those referred to in section #ajd7;c71 to be withdrawn from1 and to be prohibited from entering1 the mine that is covered by the final order described in paragraph 7#a71 until the operator pays such assessment in full 7including interest and administrative costs7 or enters into a payment plan with the ,secretary4 ,if such operator enters into a payment plan with the ,secretary and at any time fails to comply with the terms specified in such payment plan1 the ,secretary shall issue an order requiring such operator to cause all persons1 except those referred to in section #ajd7;c71 to be withdrawn from the mine that is covered by such final order1 and to be prohibited from entering such mine1 until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan4 4 7#b7 ,applicability and effective date ,the amendments made by paragraph 7#a7 shall apply to all unpaid civil penalty assessments under the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hja et seq471 except that1 for any unpaid civil penalty assessment that became a final order of the ,commission or a court before the date of enactment of this ,act1 the time periods under section #aaj7l7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbj7l771 as so amended1 shall be calculated as beginning on the date of enactment of this ,act instead of on the date of the final order4 ,,iv ,miners' rights and protections #dja4 ,protection from retaliation ,section #aje7;c7 7#cj ,u4,s4,c4 #hae7;c77 is amended to read as follows3 7c7 ,protection from retaliation 7#a7 ,retaliation prohibited 7,a7 ,retaliation for complaint or testimony ,no person shall discharge1 or in any manner discriminate against1 cause to be discharged1 cause discrimination against1 or otherwise interfere with the exercise of the statutory rights of1 any miner or other employee of an operator1 representative of miners1 or applicant for employment at a mine of such operator 7including the spouse1 sibling1 child1 or parent of such miner1 employee1 representative1 or applicant1 if such spouse1 sibling1 child1 or parent is employed or applying for employment at a mine under the control of such operator7-- 7i7 because such miner1 employee1 representative1 or applicant-- 7,i7 has filed or made a complaint1 or is about to file or make a complaint1 including a complaint notifying such operator or the operator's agent1 or the representative of the miners at such mine1 of an alleged danger or safety or health violation in such mine2 7,,ii7 has instituted or caused to be instituted1 or is about to institute or cause to be instituted1 any proceeding under or related to this ,act2 7,,iii7 has testified1 or is about to testify1 in any such proceeding or has testified1 or is about to testify1 before ,congress or in any ,federal or ,state proceeding related to safety or health in a coal or other mine2 7,,iv7 has exercised on behalf of any individual1 including such miner1 employee1 representative1 or applicant1 any such statutory right2 7,v7 has reported to such operator or agent any injury or illness2 or 7,,vi7 has refused to violate any provision of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act2 7ii7 because such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section #aja2 or 7iii7 where the discharge1 discrimination1 or other interference was based on a suspicion or belief that such miner1 employee1 representative1 or applicant engaged in1 or is about to engage in1 any of the activities described in clause 7i74 7,b7 ,retaliation for refusal to perform duties 7i7 ,in general ,no person shall discharge or in any manner discriminate against a miner or other employee of an operator1 or applicant for employment at a mine of such operator1 for refusing to perform the duties of a miner1 other employee1 or applicant if such miner1 other employee1 or applicant has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to such miner1 other employee1 or applicant1 or to any other miner or employee4 7ii7 ,standard ,for purposes of clause 7i71 the circumstances causing the miner's1 other employee's1 or applicant's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person1 under the circumstances confronting the miner1 other employee1 or applicant1 would conclude that there is such a hazard4 ,in order to qualify for protection under this paragraph1 the miner1 other employee1 or applicant1 when practicable1 shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern4 7#b7 ,complaint ,any miner or other employee of an operator1 representative of miners1 or applicant for employment at a mine of such operator who believes that he or she has been discharged1 disciplined1 or otherwise discriminated against by any person in violation of paragraph 7#a7 may file a complaint with the ,secretary alleging such discrimination not later than #ahj days after the later of-- 7,a7 the last date on which an alleged violation of paragraph 7#a7 occurs2 or 7,b7 the date on which such miner1 employee1 representative1 or applicant knows or should reasonably have known that such alleged violation occurred4 7#c7 ,investigation and hearing 7,a7 ,commencement of investigation and initial determination ,upon receipt of a complaint under paragraph 7#b71 the ,secretary shall-- 7i7 forward a copy of the complaint to the respondent2 7ii7 commence an investigation within #ae days of the ,secretary's receipt of the complaint2 and 7iii7 as soon as practicable after commencing the investigation under clause 7ii71 make the determination required under subparagraph 7,b74 7,b7 ,reinstatement ,if the ,secretary finds that a complaint under paragraph 7#b7 was not frivolously brought1 the ,commission1 on an expedited basis upon application of the ,secretary1 shall order the immediate reinstatement of the miner1 employee1 or representative described in such paragraph until there has been a final ,commission order disposing of the underlying complaint4 ,if either the ,secretary or such miner1 employee1 or representative pursues the underlying complaint1 such reinstatement shall remain in effect until the ,commission has disposed of such complaint on the merits1 regardless of whether the ,secretary pursues such complaint by filing a complaint under subparagraph 7,d7 or the miner or other employee pursues such complaint by filing an action under paragraph 7#d74 ,if neither the ,secretary nor such miner1 employee1 or representative pursues the underlying complaint within the periods specified in paragraph 7#d71 such reinstatement shall remain in effect until such time as the ,commission may1 upon motion of the operator and after providing notice and an opportunity to be heard to the parties1 vacate such complaint for failure to prosecute4 7,c7 ,investigation ,such investigation shall include interviewing the complainant and-- 7i7 providing the respondent an opportunity to submit to the ,secretary a written response to the complaint and to present statements from witnesses or provide evidence2 and 7ii7 providing the complainant an opportunity to receive any statements or evidence provided to the ,secretary and to provide additional information or evidence1 or to rebut any statements or evidence4 7,d7 ,action by the ,secretary ,if1 upon such investigation1 the ,secretary determines that the provisions of this subsection have been violated1 the ,secretary shall immediately file a complaint with the ,commission1 with service upon the alleged violator and the miner1 employee1 representative1 or applicant described in paragraph 7#b7 alleging such discrimination or interference and propose an order granting appropriate relief4 7,e7 ,action of the ,commission ,the ,commission shall afford an opportunity for a hearing on the record 7in accordance with section #eed of title #e1 ,united ,states ,code1 but without regard to subsection 7a77#c7 of such section7 and thereafter shall issue an order1 based upon findings of fact1 affirming1 modifying1 or vacating the ,secretary's proposed order1 or directing other appropriate relief4 ,such order shall become final #cj days after its issuance4 ,the complaining miner1 employee1 representative1 or applicant described in paragraph 7#b7 may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph4 7,f7 ,relief ,the ,commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the ,commission considers appropriate1 including-- 7i7 the rehiring or reinstatement of the miner1 employee1 or representative described in paragraph 7#b7 with back pay and interest and without loss of position or seniority1 and restoration of the terms1 rights1 conditions1 and privileges associated with the complainant's employment2 7ii7 any other compensatory and consequential damages sufficient to make the complainant whole1 and exemplary damages where appropriate2 and 7iii7 expungement of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7#d7 ,notice to and action of complainant 7,a7 ,notice to complainant ,not later than #ij days after the receipt of a complaint filed under paragraph 7#b71 the ,secretary shall notify1 in writing1 the miner1 employee1 representative1 or applicant described in paragraph 7#b7 of the determination of such ,secretary on whether a violation has occurred4 7,b7 ,action of complainant ,if the ,secretary1 upon investigation1 determines that the provisions of this subsection have not been violated1 the complainant shall have the right1 within #cj days after receiving notice of the ,secretary's determination1 to file an action in his or her own behalf before the ,commission1 charging discrimination or interference in violation of paragraph 7#a74 7,c7 ,hearing and decision ,the ,commission shall afford an opportunity for a hearing on the record 7in accordance with section #eed of title #e1 ,united ,states ,code1 but without regard to subsection 7a77#c7 of such section71 and thereafter shall issue an order1 based upon findings of fact1 dismissing or sustaining the complainant's charges and1 if the charges are sustained1 granting such relief as it deems appropriate as described in paragraph 7#c77;,f74 ,such order shall become final #cj days after its issuance4 7#e7 ,burden of proof ,in adjudicating a complaint pursuant to this subsection1 the ,commission may determine that a violation of paragraph 7#a7 has occurred only if the complainant demonstrates that any conduct described in paragraph 7#a7 with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 ,a decision or order that is favorable to the complainant shall not be issued pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct4 7#f7 ,attorneys' fees ,whenever an order is issued sustaining the complainant's charges under this subsection1 a sum equal to the aggregate amount of all costs and expenses1 including attorney's fees1 as determined by the ,commission to have been reasonably incurred by the complainant for1 or in connection with1 the institution and prosecution of such proceedings shall be assessed against the person committing such violation4 ,the ,commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the ,secretary also participated in the proceeding4 7#g7 ,expedited proceedings2 ,judicial review ,proceedings under this subsection shall be expedited by the ,secretary and the ,commission4 ,any order issued by the ,commission under this subsection shall be subject to judicial review in accordance with section #ajf4 ,violations by any person of paragraph 7#a7 shall be subject to the provisions of sections #ajh and #aaj7;a77#d74 7#h7 ,procedural ,rights ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any pre-dispute arbitration agreement or collective bargaining agreement4 7#i7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any individual who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 4 #djb4 ,protection from loss of pay ,section #aaa 7#cj ,u4,s4,c4 #hba7 is amended to read as follows3 #aaa4 ,entitlement of miners 7a7 ,protection from loss of pay 7#a7 ,withdrawal orders 7,a7 ,shifts at time of order ,if a coal or other mine1 or an area of such mine1 is closed by an order issued under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 all miners working during the shift when such order was issued who are idled by such order shall be entitled1 regardless of the result of any review of such order1 to full compensation by the operator at their regular rates of pay for the period during which they are so idled1 but for not more than the balance of such shift4 7,b7 ,subsequent shifts ,if such order is not terminated prior to the working shift succeeding the shift described in subparagraph 7,a71 all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled1 but not for more than one half of the hours of such shift1 or #d hours of such shift1 whichever is greater4 7,c7 ,extended closures ,if a coal or other mine1 or an area of such mine1 is closed by an order issued under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 all miners who are idled by such order1 for a shift succeeding the shift described in subparagraph 7,b71 shall be entitled1 regardless of the result of any review of such order1 to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled1 but not for more than #fj days4 7#b7 ,closure in advance of order 7,a7 ,in general ,if the ,secretary determines that a coal or other mine1 or an area of such mine1 was closed by the operator in anticipation of the issuance of an order described in paragraph 7#a71 all miners who are idled by such closure shall be entitled1 subject to subparagraph 7,b71 to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay1 from the time of such closure until such time as the ,secretary authorizes reopening of such mine or such area1 but not for more than #fj days4 7,b7 ,exception ,the entitlement under subparagraph 7,a7 shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the ,secretary1 where required and within the prescribed time period4 7#c7 ,refusal to comply ,whenever an operator violates or fails or refuses to comply with any order issued under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 all miners employed at the affected mine who would have been withdrawn from1 or prevented from entering1 such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay1 in addition to pay received for work performed after such order was issued1 for the period beginning when such order was issued and ending when such order is complied with1 vacated1 or terminated4 7b7 ,enforcement 7#a7 ,commission orders ,the ,commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or his representative and after opportunity for hearing on the record subject to section #eed of title #e1 ,united ,states ,code4 ,whenever the ,commission issues an order sustaining the complaint under this subsection in whole or in part1 the ,commission shall award the complainant reasonable attorneys' fees and costs4 7#b7 ,failure to pay compensation due ,consistent with the authority of the ,secretary to order miners withdrawn from a mine under this ,act1 the ,secretary shall order a mine that has been subject to a withdrawal order under section #ajc1 #ajd1 #ajg1 #ajh1 or #aaj1 and has reopened1 to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order4 7c7 ,expedited ,review ,if an order is issued that results in a payment to a miner under subsection 7a71 the operator shall have the right to an expedited review before the ,commission in the same manner as the procedure under section #caf7;b77#b77;,g77ii7 7including the deadlines under such section74 4 #djc4 ,underground coal miner employment standard for mines with patterns of violations ,title ,i 7#cj ,u4,s4,c4 #haa et seq47 is further amended by adding at the end the following3 #aag4 ,underground coal miner employment standard for mines with patterns of violations 7a7 ,in general ,for the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns1 an operator of an underground coal mine who has received notice of a pattern of violations under section #ajd7;e7 in such mine1 for #c years after receipt of such notice1 may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner1 including compliance with the provisions of this ,act1 regulations promulgated under this ,act1 mandatory health or safety standards under any other law1 or any other legitimate business reason1 if-- 7#a7 the miner is paid on an hourly basis2 and 7#b7 the miner has completed the employer's probationary period1 which in no case shall exceed #f months4 7b7 ,cause of action ,a miner aggrieved by a violation of subsection 7a7 may file a complaint in the ,united ,states district court in the district where the mine is located not later than #a year after such violation4 7c7 ,remedies ,for a miner who prevails under subsection 7b71 the appropriate ,united ,states district court shall provide remedies to further the objectives of this ,act1 which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages4 ,such remedies shall include reasonable attorneys' fees and costs4 7d7 ,pre-,dispute waiver prohibited ,the right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver4 7e7 ,construction ,nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other ,state or ,federal law or a collective bargaining agreement4 4 ,v ,modernizing health and safety standards #eja4 ,pre-shift review of mine conditions ,section #cjc7;d7 7#cj ,u4,s4,c4 #hfc7;d77 is amended by adding at the end the following3 7#c7 7,a7 ,not later than #cj days after the issuance of the interim final rules promulgated under subparagraph 7,b71 each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner 7prior to traveling to or arriving at the work area of such miner and commencing the assigned tasks of such miner7 is orally briefed on and made aware of-- 7i7 any conditions that are hazardous1 or that violate a mandatory health or safety standard or a plan approved under this ,act1 where the miner is expected to work or travel2 and 7ii7 the general conditions of that miner's assigned working section or other area where the miner is expected to work or travel4 7,b7 ,not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary shall promulgate interim final rules implementing the requirements of subparagraph 7,a74 7,c7 ,not later than #b years after the promulgation of the interim final rules under subparagraph 7,b71 the ,secretary shall issue a final rule implementing the requirements of subparagraph 7,a74 4 #ejb4 ,rock dust standards 7a7 ,standards ,section #cjd7;d7 7#cj ,u4,s4,c4 #hfd7;d77 is amended-- 7#a7 by striking ,where rock and inserting the following3 ,rock dust4-- 7#a7 ,in general ,where rock 2 7#b7 by striking #fe per centum and all that follows through the period and inserting #hj percent4 ,where methane is present in any ventilating current1 the percentage of incombustible content of such combined dusts shall be increased #j4d percent for each #j4a percent of methane42 and 7#c7 by adding at the end the following3 7#b7 ,methods of measurement 7,a7 ,in general ,each operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust1 rock dust1 and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust4 7,b7 ,direct reading monitors ,in order to ensure timely assessment and compliance1 the ,secretary shall1 not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 require operators to measure total incombustible content 7or an equivalent measure of explosibility7 in samples of combined coal dust1 rock dust1 and other dust1 using direct reading monitors that the ,secretary has approved for use in an underground coal mine1 such as coal dust explosibility monitors4 7,c7 ,regulations ,the ,secretary shall1 not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content 7or an equivalent measure of explosibility7 in samples of combined coal dust1 rock dust1 and other dust using direct reading monitors and that includes requirements for locations1 methods1 and intervals for mandatory operator sampling4 7,d7 ,recommendations ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary of ,health and ,human ,services shall1 based upon the latest research1 recommend to the ,secretary of ,labor any revisions to the mandatory operator sampling locations1 methods1 and intervals included in the interim final rule described in subparagraph 7,c7 that may be warranted in light of such research4 7#c7 ,limitation ,until the ,secretary promulgates a final rule under paragraph 7#d77;,b71 any measurement taken by a direct reading monitor described in paragraph 7#b77;,b7 shall not be admissible to establish a violation in an enforcement action under this ,act4 7#d7 ,report and rulemaking authority 7,a7 ,report ,not later than #b years after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall prepare and submit1 to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report-- 7i7 regarding whether any direct reading monitor described in paragraph 7#b77;,b7 is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the ,secretary of ,labor under this ,act1 and whether additional improvement to such direct reading monitor1 or additional verification regarding reliability and accuracy1 would be needed for enforcement purposes2 and 7ii7 identifying any limitations or impediments for such use in underground coal mines4 7,b7 ,authority ,if the ,secretary determines1 following a report under subparagraph 7,a7 7or an update to such report71 that any direct reading monitor described in paragraph 7#b77;,b7 is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this ,act1 the ,secretary shall1 after the submission of such report or update1 promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with1 and enforcement of1 such standards and authorizing the use of other methods for determining total incombustible content4 ,such final rule shall specify mandatory operator sampling locations1 methods1 and intervals4 4 7b7 ,rock dust recordkeeping ,section #cjd 7#cj ,u4,s4,c4 #hfd7 is further amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 7#b7 by inserting after subsection 7d7 the following3 7e7 ,rock dust recordkeeping ,the operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine4 2 and 7#c7 in subsection 7f71 as so redesignated1 by striking ,subsections 7b7 through 7d7 and inserting ,subsections 7b7 through 7e74 #ejc4 ,atmospheric monitoring systems ,section #cag 7#cj ,u4,s4,c4 #hgg7 is amended by adding at the end the following3 7u7 ,atmospheric monitoring systems 7#a7 ,general regulations ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary shall1 following consultation with the ,director of the ,national ,institute for ,occupational ,safety and ,health1 promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that-- 7,a7 protect miners where the miners normally work and travel2 7,b7 assist in mine emergency response and the conduct of accident investigations2 7,c7 provide real-time information regarding methane1 oxygen1 and carbon monoxide levels1 and airflow direction1 as appropriate1 with sensing1 annunciating1 and recording capabilities2 and 7,d7 can1 to the maximum extent practicable1 withstand explosions and fires4 7#b7 ,additional regulations ,the regulations promulgated under paragraph 7#a7 shall1 if determined appropriate after an evaluation by the ,secretary1 include-- 7,a7 the installation of atmospheric monitoring and recording devices for mining equipment2 7,b7 the implementation of redundant systems1 such as the bundle tubing system1 that can continuously monitor the mine atmosphere following incidents such as fires1 explosions1 entrapments1 and inundations2 and 7,c7 the implementation of other technologies available to conduct continuous atmospheric monitoring4 4 #ejd4 ,study on respirable dust standards 7a7 ,study ,beginning one month after the date of enactment of this ,act1 the ,secretary of ,labor shall undertake a retrospective study on the effectiveness of the final rule of the ,department of ,labor entitled ,lowering ,miners' ,exposure to ,respirable ,coal ,mine ,dust1 ,including ,continuous ,personal ,dust ,monitors1 published at #gi ,fed4 ,reg4 #bdhad 7,may #a1 #bjad71 and evaluate the data regarding the use of continuous personal dust monitors1 to determine whether-- 7#a7 the #a4e mg_/m respirable dust standard that was included in such final rule should be further lowered to better protect the health of miners2 7#b7 the frequency of sampling continuous personal dust monitors should be increased2 7#c7 engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified2 and 7#d7 samples taken on shifts longer than #h hours should be converted to an #h-;hour equivalent concentration to protect miners who work longer shifts4 7b7 ,report 7#a7 ,initial report ,upon beginning the study under subsection 7a71 the ,secretary of ,labor shall transmit a copy of such study to ,congress1 notifying ,congress that such study has commenced4 7#b7 ,annual reports ,for each year after the commencement of the study under subsection 7a7 and until such study is completed1 the ,secretary of ,labor shall transmit a report to ,congress on the progress of such study4 7#c7 ,final report ,upon completion of the study under subsection 7a71 the ,secretary of ,labor shall submit a final report of such study to ,congress4 #eje4 ,refresher training on miners' rights and responsibilities 7a7 ,in general ,section #aae7;a77#c7 7#cj ,u4,s4,c4 #hbe7;a77#c77 is amended to read as follows3 7#c7 all miners shall receive no less than #i hours of refresher training1 no less frequently than once every #ab months4 ,such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this ,act1 and other applicable ,federal and ,state law1 and shall be through a program of instruction developed by the ,secretary and delivered by an employee of the ,administration 7or a trainer approved by the ,administration7 that is a party independent from the operator2 4 7b7 ,national hazard reporting hotline ,section #aae 7#cj ,u4,s4,c4 #hbe71 as so amended1 is further amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding the rights of such miners under this ,act and a toll-free hotline telephone number1 which the ,secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions1 discrimination1 safety or health violations1 or other mine safety or health concerns4 ,information regarding such hotline shall be provided in a portable1 convenient format1 such as a durable wallet card1 to enable miners to keep such information on their person4 4 7c7 ,timing of initial statutory rights training ,notwithstanding section #aae of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbe7 7as so amended7 or the health and safety training program approved under such section1 an operator shall ensure that all miners already employed by the operator on the date of enactment of this ,act shall receive the one hour of statutory rights and responsibilities training described in section #aae7;a77#c7 of such ,act1 not later than #ahj days after such date4 #ejf4 ,authority to mandate additional training 7a7 ,in general ,section #aae 7#cj ,u4,s4,c4 #hbe71 as so amended1 is further amended-- 7#a7 by redesignating subsections 7e7 and 7f7 7as so redesignated7 as subsections 7f7 and 7g71 respectively2 and 7#b7 by inserting after subsection 7d7 7as so redesignated7 the following3 7e7 ,authority ,to mandate additional training 7#a7 ,in general ,the ,secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law1 and specifying the time within which such training shall be provided1 if the ,secretary finds that-- 7,a7 7i7 a serious or fatal accident has occurred at such mine2 7ii7 such mine has experienced accident and injury rates1 citations for violations of this ,act 7including mandatory health or safety standards or regulations promulgated under this ,act71 citations for significant and substantial violations1 or withdrawal orders issued under this ,act1 at a rate above the average for mines of similar size and type2 or 7iii7 an operator has a history of failing to adequately train miners1 as required by this ,act or the regulations promulgated under this ,act2 and 7,b7 additional training would benefit the health or safety of miners at the mine4 7#b7 ,withdrawal order ,if the operator fails to provide training ordered under paragraph 7#a7 within the specified time provided by the ,secretary under such paragraph1 the ,secretary shall issue an order requiring such operator to cause all affected persons1 except persons referred to in section #ajd7;c71 to be withdrawn1 and to be prohibited from entering such mine1 until such operator has provided such training4 4 7b7 ,conforming amendments ,section #ajd7;g77#b7 7#cj ,u4,s4,c4 #had7;g77#b77 is amended by striking under paragraph 7#a7 both places it appears and inserting under paragraph 7#a7 or under section #aae7;e74 #ejg4 ,brookwood-,sago ,mine ,safety ,grants ,section #ad7;e77#b7 of the ,mine ,improvement and ,new ,emergency ,response ,act of #bjjf 7#cj ,u4,s4,c4 #ife7;e77#b77 is amended by inserting before the period 1 and underground mine rescue training activities that simulate mine accident conditions4 #ejh4 ,certification of personnel 7a7 ,in general ,title ,i 7#cj ,u4,s4,c4 #haa et seq471 as so amended1 is further amended by adding at the end the following3 #aah4 ,certification of personnel 7a7 ,certification required ,any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this ,act1 including a mandatory health or safety standard or regulation promulgated pursuant to this ,act1 requires to be performed or provided by a certified1 registered1 qualified1 or otherwise approved person1 shall be permitted to perform such duties or provide such training only if such person has a current certification1 registration1 qualification1 or other approval to perform such duties or provide such training consistent with the requirements of this section4 7b7 ,establishment of certification requirements and procedures 7#a7 ,in general ,not later than #a year after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary shall issue mandatory standards to establish-- 7,a7 requirements for the certification1 registration1 qualification1 or other approval described in subsection 7a71 including the experience1 examinations1 and references that may be required as appropriate2 7,b7 time limits for such certification1 registration1 qualification1 or other approval1 and procedures for obtaining and renewing such certification1 registration1 qualification1 or other approval2 and 7,c7 procedures and criteria for revoking such certification1 registration1 qualification1 or other approval1 including procedures that ensure that-- 7i7 the ,secretary 7or a ,state agency1 as applicable7 responds to requests for revocation2 and 7ii7 the names of individuals1 whose certification1 registration1 qualification1 or other approval has been revoked1 are provided to and maintained by the ,secretary1 and are made available to appropriate ,state agencies through an electronic database4 7#b7 ,coordination with ,states ,in developing the standards required under paragraph 7#a71 the ,secretary shall consult with ,states that have miner certification programs to ensure effective coordination with existing ,state standards and requirements for certification4 ,the standards required under paragraph 7#a7 shall provide that the certification1 registration1 qualification1 or other approval of the ,state in which the coal or other mine is located satisfies the requirement of subsection 7a7 if the ,state's program of certification1 registration1 qualification1 or other approval is no less stringent than the standards established by the ,secretary under paragraph 7#a74 7c7 ,operator ,fees for certification 7#a7 ,assessment and collection ,beginning #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary shall assess and collect fees1 in accordance with this subsection1 from each operator for each person certified under this section4 ,fees shall be assessed and collected in amounts determined by the ,secretary as necessary to fund certification programs that meet the standards established under this section4 7#b7 ,use ,amounts collected under paragraph 7#a7 shall only be available to the ,secretary1 in accordance with paragraph 7#c71 for making expenditures to carry out the certification programs established under this section4 7#c7 ,authorization of appropriations ,in addition to funds authorized to be appropriated under section #aad1 there is authorized to be appropriated to the ,secretary for each fiscal year in which fees are collected under paragraph 7#a7 an amount equal to the total amount of fees collected under paragraph 7#a7 during that fiscal year4 ,such amounts are authorized to remain available until expended4 ,if on the first day of a fiscal year a regular appropriation to the ,administration has not been enacted1 the ,administration shall continue to collect fees 7as offsetting collections7 under this subsection at the rate in effect during the preceding fiscal year1 until #e days after the date on which such regular appropriation is enacted4 7#d7 ,collecting and crediting of fees ,fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the ,administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation ,acts4 7d7 ,citation2 withdrawal order ,any operator who permits a person to perform any of the duties or provide any training described in subsection 7a7 without a current certification1 registration1 qualification1 or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section #ajd7;d77#a71 and the ,secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification1 registration1 qualification1 or other approval4 4 7b7 ,conforming amendments ,section #cah 7#cj ,u4,s4,c4 #hgh7 is amended-- 7#a7 by striking subsections 7a7 and 7b72 7#b7 in subsection 7c71 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7#c7 in subsection 7g71 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 and 7#d7 by redesignating subsections 7c7 through 7l7 as paragraphs 7#a7 through 7#aj71 respectively4 #eji4 ,electronic records requirement ,section #ajc 7#cj ,u4,s4,c4 #hjb7 is amended by adding at the end the following3 7l7 ,electronic records ,not later than #ahj days after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 the ,secretary shall promulgate regulations requiring that mine operators retain records and data required by this ,act1 or otherwise required by the ,secretary1 that are created1 stored1 or transmitted in electronic form4 ,such records shall include records pertaining to miner safety and health1 tracking and communications1 atmospheric monitoring of methane1 carbon monoxide1 oxygen1 coal dust and other mine conditions1 equipment usage history and operating parameters1 equipment calibration and maintenance1 and other information relevant to compliance with ,federal mine health or safety laws and regulations4 ,not later than #b years after the date of enactment of such ,act1 the ,secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain1 store1 and recover data created or transmitted in electronic form4 4 ,,vi ,additional mine safety provisions #fja4 ,definitions 7a7 ,definition of operator ,section #c7;d7 7#cj ,u4,s4,c4 #hjb7;d77 is amended to read as follows3 7d7 operator means-- 7#a7 any owner1 lessee1 or other person that-- 7,a7 operates or supervises a coal or other mine2 or 7,b7 controls such mine by making or having the authority to make management or operational decisions that affect1 directly or indirectly1 the health or safety at such mine2 or 7#b7 any independent contractor performing services or construction at such mine2 4 7b7 ,definition of agent ,section #c7;e7 7#cj ,u4,s4,c4 #hjb7;e77 is amended by striking the miners and inserting any miner4 7c7 ,definition of imminent danger ,section #c7;j7 7#cj ,u4,s4,c4 #hjb7;j77 is amended-- 7#a7 by striking means the and inserting means-- 7#a7 the 2 7#b7 by striking the semicolon at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#b7 the existence of multiple conditions or practices 7regardless of whether related to each other7 that1 when considered in the aggregate1 could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated2 4 7d7 ,definition of miner ,section #c7;g7 7#cj ,u4,s4,c4 #hjb7;g77 is amended by inserting after or other mine the following3 1 and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine1 but for an accident in such mine4 7e7 ,definition of significant and substantial violations ,section #c 7#cj ,u4,s4,c4 #hjb71 as so amended1 is further amended-- 7#a7 in subsection 7m71 by striking and after the semicolon2 7#b7 in subsection 7n71 by striking the period at the end and inserting a semicolon2 7#c7 in subsection 7o71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7p7 significant and substantial violation means a violation of this ,act1 including any mandatory health or safety standard or regulation promulgated under this ,act1 that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section #ajd7;d74 4 #fjb4 ,assistance to ,states ,section #ejc 7#cj ,u4,s4,c4 #iec7;a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 in coordination with the ,secretary of ,health1 ,education1 and ,welfare and the ,secretary of the ,interior12 7,b7 in paragraph 7#b71 by striking and after the semicolon2 7,c7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 to assist such ,state in developing and implementing any certification program for coal or other mines required for compliance with section #aah4 2 and 7#b7 in subsection 7h71 by striking #c1jjj1jjj for fiscal year #aigj1 and #aj1jjj1jjj annually in each succeeding fiscal year and inserting #bj1jjj1jjj for each fiscal year4 #fjc4 ,double encumbrance2 succession plan 7a7 ,authorization ,notwithstanding any personnel procedures1 rules1 or guidance1 the ,secretary of ,labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the ,mine ,safety and ,health ,administration4 ,the number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection 7b74 7b7 ,succession ,plan 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor shall develop and provide to ,congress a succession plan for the ,mine ,safety and ,health ,administration for the next #e years to assure timely replacement of qualified employees critical to maintaining the agency's mission4 7#b7 ,contents of plan ,the succession plan developed under this subsection shall-- 7,a7 estimate employee turnover for each year2 7,b7 set benchmarks for maximum allowable percentage of vacancies1 and a maximum ratio of trainees to authorized representatives2 7,c7 utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists2 7,d7 implement tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections1 thoroughly review mine plans1 and conduct accident and special investigations2 and 7,e7 identify resources necessary to implement such plan4 7#c7 ,updates to plan ,the succession plan under this subsection shall be updated biennially4 ,,vii ,amendments to the ,occupational ,safety and ,health ,act of #aigj #gja4 ,coverage of public employees 7a7 ,in general ,section #c7e7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb7e77 is amended by striking but does not include and all that follows through the period at the end and inserting including the ,united ,states1 a ,state1 or a political subdivision of a ,state44 7b7 ,construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to affect the application of section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 #gjb4 ,enhanced protections from retaliation 7a7 ,employee actions ,section #aa7;c77#a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffj7;c77#a77 is amended-- 7#a7 by striking discharge and all that follows through because such and inserting the following3 discharge or cause to be discharged1 or in any manner discriminate against or cause to be discriminated against1 any employee because-- 7,a7 such 2 7#b7 by striking this ,act or has and inserting the following3 this ,act2 7,b7 such employee has 2 7#c7 by striking in any such proceeding or because of the exercise and inserting the following3 before ,congress or in any ,federal or ,state proceeding related to safety or health2 7,c7 such employee has refused to violate any provision of this ,act2 or 7,d7 of the exercise 2 and 7#d7 by inserting before the period at the end the following3 1 including the reporting of any injury1 illness1 or unsafe condition to the employer1 agent of the employer1 safety and health committee involved1 or employee safety and health representative involved4 7b7 ,prohibition of retaliation ,section #aa7;c7 of such ,act 7#bi ,u4,s4,c4 #ffj7;c77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,no person shall discharge1 or cause to be discharged1 or in any manner discriminate against1 or cause to be discriminated against1 an employee for refusing to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to1 or serious impairment of the health of1 the employee or other employees4 7,b7 ,for purposes of subparagraph 7,a71 the circumstances causing the employee's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person1 under the circumstances confronting the employee1 would conclude that there is such a hazard4 ,in order to qualify for protection under this paragraph1 the employee1 when practicable1 shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern4 4 7c7 ,procedure ,section #aa7;c7 of such ,act 7#bi ,u4,s4,c4 #ffj7;c77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,complaint ,any employee who believes that the employee has been discharged1 disciplined1 or otherwise discriminated against by any person in violation of paragraph 7#a7 or 7#b7 may seek relief for such violation by filing a complaint with the ,secretary under paragraph 7#e74 7#d7 ,statute of limitations 7,a7 ,in general ,an employee may take the action permitted by paragraph 7#c7 not later than #ahj days after the later of-- 7i7 the date on which an alleged violation of paragraph 7#a7 or 7#b7 occurs2 or 7ii7 the date on which the employee knows or should reasonably have known that such alleged violation occurred4 7,b7 ,repeat violation ,with respect to an alleged repeat violation1 except in a case when the employee has been discharged1 a violation of paragraph 7#a7 or 7#b7 shall be considered to have occurred on the last date the alleged repeat violation occurred4 7#e7 ,investigation 7,a7 ,in general ,an employee may1 within the time period required under paragraph 7#d71 file a complaint with the ,secretary alleging a violation of paragraph 7#a7 or 7#b74 ,if the complaint alleges a prima facie case1 the ,secretary shall conduct an investigation of the allegations in the complaint1 which-- 7i7 shall include-- 7,i7 interviewing the complainant2 7,,ii7 providing the respondent an opportunity to-- 7aa7 submit to the ,secretary a written response to the complaint2 and 7bb7 meet with the ,secretary to present statements from witnesses or provide evidence2 and 7,,iii7 providing the complainant an opportunity to-- 7aa7 receive any statements or evidence provided to the ,secretary2 7bb7 meet with the ,secretary2 and 7cc7 rebut any statements or evidence2 and 7ii7 may include issuing subpoenas for the purposes of such investigation4 7,b7 ,decision ,not later than #ij days after the filing of the complaint1 the ,secretary shall-- 7i7 determine whether reasonable cause exists to believe that a violation of paragraph 7#a7 or 7#b7 has occurred2 and 7ii7 issue a decision granting or denying relief4 7#f7 ,preliminary order following investigation ,if1 after completion of an investigation under paragraph 7#e77;,a71 the ,secretary finds reasonable cause to believe that a violation of paragraph 7#a7 or 7#b7 has occurred1 the ,secretary shall issue a preliminary order providing relief authorized under paragraph 7#ad7 at the same time the ,secretary issues a decision under paragraph 7#e77;,b74 ,if a de novo hearing is not requested within the time period required under paragraph 7#g77;,a77i71 such preliminary order shall be deemed a final order of the ,secretary and is not subject to judicial review4 7#g7 ,hearing 7,a7 ,request for hearing 7i7 ,in general ,a de novo hearing on the record before an administrative law judge may be requested-- 7,i7 by the complainant or respondent within #cj days after receiving notification of a decision granting or denying relief issued under paragraph 7#e77;,b7 or a preliminary order under paragraph 7#f7 respectively2 7,,ii7 by the complainant within #cj days after the date the complaint is dismissed without investigation by the ,secretary under paragraph 7#e77;,a72 or 7,,iii7 by the complainant within #abj days after the date of filing the complaint1 if the ,secretary has not issued a decision under paragraph 7#e77;,b74 7ii7 ,reinstatement order ,the request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph 7#f74 7,b7 ,procedures 7i7 ,in general ,a hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the ,secretary for hearings conducted by administrative law judges4 7ii7 ,subpoenas2 production of evidence ,in conducting any such hearing1 the administrative law judge may issue subpoenas4 ,the respondent or complainant may request the issuance of subpoenas that require the deposition of1 or the attendance and testimony of1 witnesses and the production of any evidence 7including any books1 papers1 documents1 or recordings7 relating to the matter under consideration4 7iii7 ,decision ,the administrative law judge shall issue a decision not later than #ij days after the date on which a hearing was requested under this paragraph and promptly notify1 in writing1 the parties and the ,secretary of such decision1 including the findings of fact and conclusions of law4 ,if the administrative law judge finds that a violation of paragraph 7#a7 or 7#b7 has occurred1 the judge shall issue an order for relief under paragraph 7#ad74 ,if review under paragraph 7#h7 is not timely requested1 such order shall be deemed a final order of the ,secretary that is not subject to judicial review4 7#h7 ,administrative appeal 7,a7 ,in general ,not later than #cj days after the date of notification of a decision and order issued by an administrative law judge under paragraph 7#g71 the complainant or respondent may file1 with objections1 an administrative appeal with an administrative review body designated by the ,secretary 7referred to in this paragraph as the review board74 7,b7 ,standard of ,review ,in reviewing the decision and order of the administrative law judge1 the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law4 7,c7 ,decisions ,if the review board grants an administrative appeal1 the review board shall issue a final decision and order affirming or reversing1 in whole or in part1 the decision under review by not later than #ij days after receipt of the administrative appeal4 ,if it is determined that a violation of paragraph 7#a7 or 7#b7 has occurred1 the review board shall issue a final decision and order providing relief authorized under paragraph 7#ad74 ,such decision and order shall constitute final agency action with respect to the matter appealed4 7#i7 ,settlement in the ,administrative ,process 7,a7 ,in general ,at any time before issuance of a final order1 an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties4 7,b7 ,public policy considerations ,neither the ,secretary1 an administrative law judge1 or review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this ,act or that are contrary to public policy1 including a restriction on a complainant's right to future employment with employers other than the specific employers named in a complaint4 7#aj7 ,inaction by the review board or administrative law judge 7,a7 ,in general ,the complainant may bring a de novo action described in subparagraph 7,b7 if-- 7i7 an administrative law judge has not issued a decision and order within the #ij-;day time period required under paragraph 7#g77;,b77iii72 or 7ii7 the review board has not issued a decision and order within the #ij-;day time period required under paragraph 7#h77;,c74 7,b7 ,de novo action ,such de novo action may be brought at law or equity in the ,united ,states district court for the district where a violation of paragraph 7#a7 or 7#b7 allegedly occurred or where the complainant resided on the date of such alleged violation4 ,the court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph 7#ad74 ,such action shall1 at the request of either party to such action1 be tried by the court with a jury4 7#aa7 ,judicial review 7,a7 ,timely ,appeal to the court of appeals ,any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the ,united ,states ,court of ,appeals for the circuit where the violation1 with respect to which such final decision and order was issued1 allegedly occurred or where the complainant resided on the date of such alleged violation4 ,to obtain such review1 a party shall file a petition for review not later than #fj days after the final decision and order was issued4 ,such review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the final decision and order4 7,b7 ,limitation on collateral attack ,an order and decision with respect to which review may be obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#ab7 ,enforcement of order ,if a respondent fails to comply with an order issued under this subsection1 the ,secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the ,united ,states district court for the district in which the violation was found to occur to enforce such order4 ,if both the ,secretary and the complainant file such action1 the action of the ,secretary shall take precedence4 ,the district court shall have jurisdiction to grant all appropriate relief described in paragraph 7#ad74 7#ac7 ,burdens of proof 7,a7 ,criteria for determination ,in making a determination or adjudicating a complaint pursuant to this subsection1 the ,secretary1 administrative law judge1 review board1 or a court may determine that a violation of paragraph 7#a7 or 7#b7 has occurred only if the complainant demonstrates that any conduct described in paragraph 7#a7 or 7#b7 with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 7,b7 ,prohibition ,notwithstanding subparagraph 7,a71 a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct4 7#ad7 ,relief 7,a7 ,order for relief ,if the ,secretary1 administrative law judge1 review board1 or a court determines that a violation of paragraph 7#a7 or 7#b7 has occurred1 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall have jurisdiction to order all appropriate relief1 including injunctive relief1 and compensatory and exemplary damages1 including-- 7i7 affirmative action to abate the violation2 7ii7 reinstatement without loss of position or seniority1 and restoration of the terms1 rights1 conditions1 and privileges associated with the complainant's employment1 including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified2 7iii7 compensatory and consequential damages sufficient to make the complainant whole 7including back pay1 prejudgment interest1 and other damages72 and 7iv7 expungement of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7,b7 ,attorneys' fees and costs ,if the ,secretary or an administrative law judge1 review board1 or court grants an order for relief under subparagraph 7,a71 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall assess1 at the request of the employee against the employer-- 7i7 reasonable attorneys' fees2 and 7ii7 costs 7including expert witness fees7 reasonably incurred1 as determined by the ,secretary1 administrative law judge1 review board1 or court1 respectively1 in connection with bringing the complaint upon which the order was issued4 7#ae7 ,procedural ,rights ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any pre-dispute arbitration agreement or collective bargaining agreement4 7#af7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 7#ag7 ,election of venue 7,a7 ,in general ,an employee of an employer who is located in a ,state that has a ,state plan approved under section #ah may file a complaint alleging a violation of paragraph 7#a7 or 7#b7 by such employer with-- 7i7 the ,secretary under paragraph 7#e72 or 7ii7 a ,state plan administrator in such ,state4 7,b7 ,referrals ,if-- 7i7 the ,secretary receives a complaint pursuant to subparagraph 7,a77i71 the ,secretary shall not refer such complaint to a ,state plan administrator for resolution2 or 7ii7 a ,state plan administrator receives a complaint pursuant to subparagraph 7,a77ii71 the ,state plan administrator shall not refer such complaint to the ,secretary for resolution4 4 7d7 ,relation to enforcement ,section #ag7;j7 of such ,act 7#bi ,u4,s4,c4 #fff7;j77 is amended by inserting before the period the following3 1 including the history of violations under section #aa7;c74 #gjc4 ,victims' rights ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 is amended by inserting after section #i 7#bi ,u4,s4,c4 #feh7 the following3 #i;,a4 ,victims' rights 7a7 ,rights before the ,secretary ,a victim or the representative of a victim shall be afforded the right1 with respect to an inspection or investigation conducted under section #h1 to-- 7#a7 meet with the ,secretary regarding the inspection or investigation conducted under such section before the ,secretary's decision to issue a citation or take no action2 7#b7 receive1 at no cost1 a copy of any citation or report1 issued as a result of such inspection or investigation1 at the same time as the employer receives such citation or report2 7#c7 be informed of any notice of contest or addition of parties to the proceedings filed under section #aj7;c72 and 7#d7 be provided notification of the date and time or any proceedings1 service of pleadings1 and other relevant documents1 and an explanation of the rights of the employer1 employee and employee representative1 and victim to participate in proceedings conducted under section #aj7;c74 7b7 ,rights before the ,commission ,upon request1 a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to-- 7#a7 be notified of the time and date of any proceeding before the ,commission2 7#b7 receive pleadings and any decisions relating to the proceedings2 and 7#c7 be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the ,commission4 7c7 ,modification of ,citation ,before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section #h1 the ,secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations4 ,in lieu of an appearance1 the victim or representative of the victim may elect to submit a letter to the ,secretary and the parties4 7d7 ,secretary ,procedures ,the ,secretary shall establish procedures-- 7#a7 to inform victims of their rights under this section2 and 7#b7 for the informal review of any claim of a denial of such a right4 7e7 ,commission procedures and considerations ,the ,commission shall-- 7#a7 establish procedures relating to the rights of victims to be heard in proceedings before the ,commission2 and 7#b7 in rendering any decision1 provide due consideration to any statement or information provided by any victim before the ,commission4 7f7 ,family liaisons ,the ,secretary shall designate at least #a employee at each area office of the ,occupational ,safety and ,health ,administration to serve as a family liaison to-- 7#a7 keep victims informed of the status of investigations1 enforcement actions1 and settlement negotiations2 and 7#b7 assist victims in asserting their rights under this section4 7g7 ,definition ,in this section1 the term victim means-- 7#a7 an employee1 including a former employee1 who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section #h2 or 7#b7 a family member 7as further defined by the ,secretary7 of a victim described in paragraph 7#a71 if-- 7,a7 the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section #h2 or 7,b7 the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section #h1 and the victim1 because of incapacity1 cannot reasonably exercise the rights under this section4 4 #gjd4 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay ,section #aj of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fei7 is amended by adding at the end the following3 7d7 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay 7#a7 ,period permitted for correction of serious1 willful1 or repeated violations ,for each violation which the ,secretary designates as serious1 willful1 or repeated1 the period permitted for the correction of the violation shall begin to run upon receipt of the citation4 7#b7 ,filing of a motion of contest ,the filing of a notice of contest by an employer-- 7,a7 shall not operate as a stay of the period for correction of a violation designated as serious1 willful1 or repeated2 and 7,b7 may operate as a stay of the period for correction of a violation not designated by the ,secretary as serious1 willful1 or repeated4 7#c7 ,criteria and rules of procedure for stays 7,a7 ,motion for a stay ,an employer may file with the ,commission a motion to stay a period for the correction of a violation designated as serious1 willful1 or repeated4 7,b7 ,criteria ,in determining whether a stay should be issued on the basis of a motion filed under subparagraph 7,a71 the ,commission shall consider whether-- 7i7 the employer has demonstrated a substantial likelihood of success on its contest to the citation2 7ii7 the employer will suffer irreparable harm absent a stay2 and 7iii7 a stay will adversely affect the health or safety of workers4 7,c7 ,rules of ,procedure ,the ,commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph 7,a7 on an expedited basis4 ,at a minimum1 such rules shall provide3 7i7 ,that a hearing before an administrative law judge shall occur not later than #ae days following the filing of the motion for a stay 7unless extended at the request of the employer71 and shall provide for a decision on the motion not later than #ae days following the hearing 7unless extended at the request of the employer74 7ii7 ,that a decision of an administrative law judge on a motion for stay is rendered on a timely basis4 7iii7 ,that if a party is aggrieved by a decision issued by an administrative law judge regarding the stay1 such party has the right to file an objection with the ,commission not later than #e days after receipt of the administrative law judge's decision4 ,within #aj days after receipt of the objection1 a ,commissioner1 if a quorum is seated pursuant to section #ab7;f71 shall decide whether to grant review of the objection4 ,if1 within #aj days after receipt of the objection1 no decision is made on whether to review the decision of the administrative law judge1 the ,commission declines to review such decision1 or no quorum is seated1 the decision of the administrative law judge shall become a final order of the ,commission4 ,if the ,commission grants review of the objection1 the ,commission shall issue a decision regarding the stay not later than #cj days after receipt of the objection4 ,if the ,commission fails to issue such decision within #cj days1 the decision of the administrative law judge shall become a final order of the ,commission4 7iv7 ,for notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings4 4 #gje4 ,conforming amendments ,section #ag7;d7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7;d77 is amended to read as follows3 7d7 ,any employer who fails to correct a violation designated by the ,secretary as serious1 willful1 or repeated and for which a citation has been issued under section #i7;a7 within the period permitted for its correction 7and a stay has not been issued by the ,commission under section #aj7;d77 may be assessed a civil penalty of not more than #g1jjj for each day during which such failure or violation continues4 ,any employer who fails to correct any other violation for which a citation has been issued under section #i7;a7 of this title within the period permitted for its correction 7which period shall not begin to run until the date of the final order of the ,commission in the case of any review proceeding under section #aj initiated by the employer in good faith and not solely for delay of avoidance of penalties7 may be assessed a civil penalty of not more than #g1jjj for each day during which such failure or violation continues4 4 #gjf4 ,civil penalties 7a7 ,in ,general ,section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking #gj1jjj and inserting #abj1jjj2 7,b7 by striking #e1jjj and inserting #h1jjj2 and 7,c7 by adding at the end the following3 ,in determining whether a violation is repeated1 the ,secretary shall consider the employer's history of violations under this ,act and under ,state occupational safety and health plans established under section #ah4 ,if such a willful or repeated violation caused or contributed to the death of an employee1 such civil penalty amounts shall be increased to not more than #bej1jjj for each such violation1 but not less than #ej1jjj for each such violation1 except that for an employer with #be or fewer employees such penalty shall not be less than #be1jjj for each such violation42 7#b7 in subsection 7b7-- 7,a7 by striking #g1jjj and inserting #ab1jjj2 and 7,b7 by adding at the end the following3 ,if such a violation caused or contributed to the death of an employee1 such civil penalty amounts shall be increased to not more than #ej1jjj for each such violation1 but not less than #bj1jjj for each such violation1 except that for an employer with #be or fewer employees such penalty shall not be less than #aj1jjj for each such violation42 7#c7 in subsection 7c71 by striking #g1jjj and inserting #ab1jjj2 7#d7 in subsection 7d71 as amended by section #gje1 by striking #g1jjj each place it occurs and inserting #ab1jjj2 7#e7 by redesignating subsections 7e7 through 7l7 as subsections 7f7 through 7m71 respectively2 and 7#f7 in subsection 7j7 7as redesignated by paragraph 7#e771 by striking #g1jjj and inserting #ab1jjj24 7b7 ,inflation ,adjustment ,section #ag of such ,act is further amended by inserting after subsection 7d7 the following3 7e7 ,amounts provided under this section for civil penalties shall be adjusted by the ,secretary at least once during each #d-year period beginning ,january #a after the date of enactment of the ,robert ,c4 ,byrd ,mine ,safety ,protection ,act of #bjbj1 to account for the percentage increase or decrease in the ,consumer ,price ,index for all urban consumers during such period4 4 #gjg4 ,criminal penalties 7a7 ,in ,general ,section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 7as amended by sections #gje and #gjf7 is further amended-- 7#a7 by amending subsection 7f71 as so redesignated1 to read as follows3 7f7 7#a7 ,any employer who knowingly violates any standard1 rule1 or order promulgated under section #f1 or of any regulation prescribed under this ,act1 and that violation caused or contributed to the death of any employee1 shall1 upon conviction1 be punished by a fine in accordance with title #ah1 ,united ,states ,code1 by imprisonment for not more than #aj years1 or by both1 except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection 7i71 punishment shall be by a fine in accordance with title #ah1 ,united ,states ,code1 by imprisonment for not more than #bj years1 or by both4 7#b7 ,for the purpose of this subsection1 the term employer means1 in addition to the definition contained in section #c1 any officer or director4 2 7#b7 in subsection 7g71 as so redesignated1 by striking fine of not more than #a1jjj or by imprisonment for not more than six months1 and inserting fine in accordance with title #ah1 ,united ,states ,code1 or by imprisonment for not more than #b years12 7#c7 in subsection 7h71 as so redesignated1 by striking fine of not more than #aj1jjj1 or by imprisonment for not more than six months1 and inserting fine in accordance with title #ah1 ,united ,states ,code1 or by imprisonment for not more than #e years12 7#d7 by redesignating subsections 7j7 through 7m71 as so redesignated1 as subsections 7k7 through 7n71 respectively2 and 7#e7 by inserting after subsection 7i7 the following3 7j7 7#a7 ,any employer who knowingly violates any standard1 rule1 or order promulgated under section #f1 or any regulation prescribed under this ,act1 and that violation causes or contributes to serious bodily harm to any employee but does not cause death to any employee1 shall1 upon conviction1 be punished by a fine in accordance with title #ah1 ,united ,states ,code1 by imprisonment for not more than #e years1 or by both1 except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection 7e71 punishment shall be by a fine in accordance with title #ah1 ,united ,states ,code1 by imprisonment for not more than #aj years1 or by both4 7#b7 ,for the purpose of this subsection1 the term employer means1 in addition to the definition contained in section #c1 any officer or director4 7#c7 ,for purposes of this subsection1 the term serious bodily harm means bodily injury or illness that involves-- 7,a7 a substantial risk of death2 7,b7 protracted unconsciousness2 7,c7 protracted and obvious physical disfigurement2 or 7,d7 protracted loss or impairment1 either temporary or permanent1 of the function of a bodily member1 organ1 or mental faculty4 4 7b7 ,jurisdiction for ,prosecution ,under ,state and ,local ,criminal ,laws ,section #ag of such ,act 7#bi ,u4,s4,c4 #fff7 7as amended by this ,act7 is further amended by adding at the end the following3 7o7 ,nothing in this ,act shall preclude a ,state or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such ,state or locality4 4 #gjh4 ,penalties ,subsection 7n7 of section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff71 as redesignated by sections #gjf and #gjg1 is amended by adding at the end the following3 ,pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued under this ,act1 and shall end upon the issuance of the final order4 ,such pre-final order interest shall be calculated at the current underpayment rate determined by the ,secretary of the ,treasury pursuant to section #ffba of the ,internal ,revenue ,code of #aihf1 and shall be compounded daily4 ,post-final order interest shall begin to accrue #cj days after the date a final order of the ,commission or the court is issued1 and shall be charged at the rate of #h percent per year44 #gji4 ,authorization of cooperative agreements by ,,niosh ,office of ,mine ,safety and ,health ,section #bb7;h77#c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fga7;h77#c77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions2 and 4 #gaj4 ,effective date 7a7 ,general ,rule ,except as provided for in subsection 7b71 this title and the amendments made by this title shall take effect not later than #ij days after the date of the enactment of this ,act4 7b7 ,exception for ,states and political subdivisions ,the following are exceptions to the effective date described in subsection 7a73 7#a7 ,a ,state that has a ,state plan approved under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg7 shall amend its ,state plan to conform with the requirements of this title1 and the amendments made by this title1 not later than #ab months after the date of the enactment of this ,act4 ,the ,secretary of ,labor may extend the period for a ,state to make such amendments to its ,state plan by not more than #ab months1 if the ,state's legislature is not in session during the #ab-month period beginning with the date of the enactment of this ,act4 ,such amendments to the ,state plan shall take effect not later than #ij days after the adoption of such amendments by such ,state4 7#b7 ,this title and the amendments made by this title shall take effect not later than #cf months after the date of the enactment of this ,act with respect to a workplace of a ,state1 or a political subdivision of a ,state1 that does not have a ,state plan approved under such section #ah 7#bi ,u4,s4,c4 #ffg74