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One Hundred Years of Federal Mining Safety and Health Research

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Coal Advanced <strong>Mining</strong> Technology Program was reduced in budget by DOE over the next few<br />

years, eventually transferred back to the Bureau along with the remaining staff <strong>and</strong> facilities in<br />

the early 1980s. By that time, the program had been reduced to only a small fraction <strong>of</strong> its<br />

former size when it had left the Bureau.<br />

The Secretary <strong>of</strong> the Interior established the Office <strong>of</strong> Surface <strong>Mining</strong>, Reclamation, <strong>and</strong><br />

Enforcement (OSM) in 1977. This new agency was responsible for regulation <strong>of</strong> coal mining<br />

under the Surface <strong>Mining</strong> Control <strong>and</strong> Reclamation Act <strong>of</strong> 1977 (SMCRA). OSM was given<br />

three main functions: (1) regulating active mines, (2) reclaiming l<strong>and</strong>s damaged by surface<br />

mining <strong>and</strong> ab<strong>and</strong>oned mines, <strong>and</strong> (3) providing resources for technical assistance, training, <strong>and</strong><br />

technology development. The Bureau continued to conduct mining research, including the new<br />

Minerals Environmental Technology <strong>Research</strong> Program that it established in 1979.<br />

5.4 <strong>Federal</strong> Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Act <strong>of</strong> 1977<br />

The <strong>Federal</strong> Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Act <strong>of</strong> 1977 (the 1977 Mine Act) (Public Law 95-164)<br />

amended the Coal Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Act <strong>of</strong> 1969. Enacted November 9, 1977, it took<br />

effect 120 days later. The 1977 Mine Act extended most <strong>of</strong> the provisions <strong>of</strong> the 1969 Coal Act<br />

to all other mines <strong>and</strong> also increased the authorized funding for health <strong>and</strong> safety research. The<br />

1977 Mine Act amended the 1969 Coal Act in a number <strong>of</strong> significant ways, principally by<br />

consolidating all federal health <strong>and</strong> safety regulations <strong>of</strong> the mining industry—coal as well as<br />

non-coal mining—under a single law.<br />

The 1977 Mine Act also strengthened <strong>and</strong> exp<strong>and</strong>ed the rights <strong>of</strong> miners, enhancing the<br />

protection <strong>of</strong> miners from retaliation for exercising their rights. The 1977 Mine Act transferred<br />

MESA <strong>and</strong> its functions from the Department <strong>of</strong> the Interior to the Department <strong>of</strong> Labor, <strong>and</strong><br />

changed the name <strong>of</strong> the agency to the Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Administration (MSHA).<br />

Additionally, the 1977 Mine Act established the independent <strong>Federal</strong> Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong><br />

Review Commission to provide for independent review <strong>of</strong> the majority <strong>of</strong> MSHA’s enforcement<br />

actions (MSHA website, 03/10/09).<br />

The organizational effects <strong>of</strong> the 1977 Mine Act on MESA were to transfer the entire agency to<br />

the Department <strong>of</strong> Labor, as well as to change its name to MSHA to parallel its sister agency in<br />

that department, the Occupational <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Administration (OSHA). MSHA was given<br />

regulatory authorities for noncoal mines similar to those it had already possessed for coal mines.<br />

MSHA <strong>and</strong> OSHA negotiated an agreement that defined their areas <strong>of</strong> responsibility in metal <strong>and</strong><br />

nonmetal mines <strong>and</strong> mills. The agreement specified that MSHA had responsibility for regulation<br />

on mining property until such stage in the process that chemical changes were made in the ore<br />

being produced; OSHA had responsibility for safety <strong>and</strong> health regulation for any later stages in<br />

mineral processing.<br />

The <strong>Federal</strong> Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong> Amendments Act <strong>of</strong> 1977 authorized NIOSH to:<br />

• Develop recommendations for mine health st<strong>and</strong>ards for the Mine <strong>Safety</strong> <strong>and</strong> <strong>Health</strong><br />

Administration;<br />

47

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