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119-s-5391119th CongressWALLET

Robert C. Byrd Mine Safety Protection Act of 2026

Sponsored By: Senator Kaine, Tim [D-VA]

Introduced

Summary

This bill would tighten mine safety by creating an independent accident-investigation panel and by imposing stronger enforcement and bigger penalties to prevent future deaths and hazards.

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  • Miners and families would get faster, clearer protections. The bill expands whistleblower and retaliation protections, creates expedited reinstatement and damages remedies, requires annual refresher training of at least 9 hours, and guarantees pay for miners idled by withdrawal orders subject to a 60-day cap.
  • Mine operators would face tougher penalties and new liability. The bill adds targeted civil fines up to $220,000 for key safety breaches, doubles penalties for pattern-of-violations mines, and creates criminal fines and prison terms that can reach $1 million for severe or repeat violations.
  • Federal investigators and safety agencies would gain new tools and duties. A five-member Independent Accident Investigation Panel would be triggered for accidents with 3 or more deaths, the Panel would have subpoena and contempt powers, NIOSH would staff it, and agencies must coordinate under a 90-day memorandum and meet multiple interim rule deadlines.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 2 costs, 2 mixed.

Expanded worker protections and pay

If enacted, the bill would greatly expand anti-retaliation protections and speed investigations. You would have 180 days to file a retaliation complaint and the Secretary would start investigating within 15 days. The Commission could order immediate reinstatement on an expedited showing. Hourly miners at underground coal mines receiving a pattern-of-violations notice would get three years of job protection after probation and could sue in federal court within one year. If a withdrawal order idles you, your operator would have to pay the rest of that shift and up to half the next shift (or 4 hours), with extended closure pay capped at 60 days.

New training, certification, and records

If enacted, the bill would require new federal certification rules for mine personnel within one year and let states with equal programs satisfy the requirement. Operators would have to pay fees to fund certification starting 180 days after enactment, as the Secretary sets the fee amounts. All miners would need at least 9 hours of refresher training each year, including a one-hour rights module delivered by a federal or independent trainer; current miners must get that rights training within 180 days. Operators would also have to keep required electronic safety records under rules due in 180 days, and equipment standards for data retention would be set within two years. Brookwood-Sago grants could fund simulated underground rescue training.

Tougher safety rules for mines

If enacted, the bill would require underground coal mines to install real-time atmospheric monitors within one year that measure methane, oxygen, and carbon monoxide, record data, and alert in real time. Rock-dust incombustible content would rise to 80 percent, with an added 0.4 percentage points for each 0.1% methane in a ventilating current. The bill would broaden what counts as an imminent danger and let the Secretary revoke approved plans or issue withdrawal orders when plans are unsafe. These changes would raise safety standards but also create new operational and sampling duties for operators.

Independent accident reviews and oversight

If enacted, the bill would create a five-member Independent Accident Investigation Panel for severe mine accidents (three or more deaths) or other major incidents HHS selects. NIOSH would chair and staff the Panel, which could subpoena witnesses, hold public hearings, and publish reports. The Secretary of Labor would have to deliver a five-year MSHA succession plan within 90 days and could double-encumber or early-hire key safety staff. NIOSH would also be able to make cooperative agreements with international and private partners to develop mine safety tools.

New criminal penalties for operators

If enacted, the bill would add and raise criminal penalties for operators and corporate officers who knowingly or recklessly break mandatory safety rules, including fines and prison time (examples include up to $250,000 and/or 1 year for baseline knowing violations and much larger fines and longer terms for repeated or reckless offenses). It would expand who counts as an operator to include owners, managers, and independent contractors who control safety decisions. The bill would also limit conflicted lawyer representation at inspections unless a knowing waiver is given.

Higher penalties and faster collections

If enacted, the bill would make penalty reviews follow the Secretary's penalty method unless extraordinary circumstances exist, making lower adjustments harder. Interest on contested civil penalties would begin on the contest date at the Treasury underpayment rate compounded daily and, after a final order, interest would run at 8% per year starting 30 days later. The Secretary would have to offer payment plans but could shut a mine and withdraw all persons if a final penalty remains unpaid after 180 days and no plan exists. The bill would also authorize whatever sums are necessary to fund inspections and investigations.

Sponsors & CoSponsors

Sponsor

Kaine, Tim [D-VA]

VA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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