ARTICLE I. NAME
The name of this advisory committee shall be the Pennsylvania Bituminous Mine Safety Advisory Committee (BMSAC).
ARTICLE II. AUTHORIZATION
This ad hoc committee, representing the various stakeholders within the bituminous underground mining industry is appointed by the Secretary of the Department of Environmental Protection pursuant to Section 1915-A of the Administrative Code of 1927, P.L. 177, as amended, 71 P.S. §510-15A and the Bituminous Coal Mine Act, Act of July 17, 1961, P.L. 659, as amended, §§ 701-100 - 701-705.
ARTICLE III. PURPOSE
The BMSAC was formed to provide a forum for the underground bituminous coal industry to provide technical assistance on mining health and safety issues to the Pennsylvania Bureau of Deep Mine Safety.
ARTICLE IV. FUNCTIONS
The Advisory Committee shall consider and investigate technical issues dealing with the safe operation of bituminous underground coal mines and shall render its advice to the Director of the Pennsylvania Bureau of Deep Mine Safety. Issues considered by the Committee may include the safety of underground mining machinery, electrical equipment, atmospheric monitoring, ventilation, mine examination practices, and any other technical issues within the ambit of the Bituminous Coal Mine Act. The BMSAC may also consider technical issues beyond the Department’s jurisdiction where industry coordination or technological improvements will enhance worker safety.
ARTICLE V. ADVISORY COMMITTEE MEMBERSHIP
Advisory committee membership includes two representatives of the United Mine Workers of America, two representatives of the Pennsylvania Coal Association , a representative of the Federal Mine Safety and Health Administration, a representative of the National Institute for Occupational Safety and Health (NIOSH), and a representative from The Pennsylvania State University. Each member is authorized to designate an alternate without notice; however only the normal number of delegates may participate in deliberations at any meeting.
A. Vacant Positions
Should a BMSAC member vacate his or her position, the organization represented by that individual can nominate a new representative to fill this vacancy.B. Subcommittees
Subcommittees may be formed to address specific technical issues at the direction of the BMSAC. A subcommittee will include one member of the BMSAC, who shall act as Chair of the subcommittee. Other members of the subcommittee shall be individuals deemed by the BMSAC to possess technical competence in the specific subject area and asked to serve on the subcommittee by the Chair of that subcommittee. Instructions to the subcommittee from the BMSAC shall include a definition of the specific technical subject involved, the issues in question, and direction as to the type and due date for reports.
ARTICLE VI. MEETINGS
A. Regular Meetings
Unless otherwise designated, regular meetings will be held on the second Wednesday in January, April, July, and October. Election shall be held at the January meeting of even-numbered years.B. Special Meetings
Special meetings of the BMSAC may be called by the Chair at any time and shall be called by the Chair upon the written notification of any member of the BMSAC. The Department’s committee liaison shall serve a written notice of each special meeting, stating the purpose for which it is called.C. Parliamentary Procedures at all Meetings
Parliamentary procedures at all meetings of the BMSAC shall be in accordance with Robert’s Rules of Order.D. Quorum
Presence of a majority of the voting members of the BMSAC shall be necessary to constitute a quorum to transact the business of the BMSAC at any regular or special meeting of the Committee.E. Location of Meetings
Meetings will be in Uniontown at the Bureau of Deep Mine Safety office unless the committee agrees to an alternate location.
ARTICLE VII. OFFICERS
A. Chairman of the Advisory Committee
The members of the BMSAC shall select a Chair, by majority vote. The term of the Chair shall be two years. The Chair will be selected from membership of the BMSAC. The Chair will be responsible for calling BMSAC meetings, requesting needed assistance from the Department, and reporting to the BMSAC, and shall receive necessary administrative and clerical support from the Department.B. Absence of the Chair
The Chair shall appoint an acting chair to run the BMSAC meetings in the event the Chair is absent. ARTICLE VIII. VOTING Each member of the BMSAC, including the Chair, shall be entitled to exercise one vote in each matter placed before the BMSAC for which a vote is called for. Decisions of the BMSAC shall be by vote of the majority present. Votes must be made by the members or their designated alternate. Voting will not be done in absentia or by proxy.
ARTICLE IX. ADMINISTRATION
Administration and clerical duties shall be performed by the Bureau of Deep Mine Safety, Department of Environmental Protection. A Department staff person shall function as the liaison with the BMSAC. Included among these administrative duties shall be:
A. To give timely notice of meetings of the BMSAC.
B. To record full BMSAC meeting minutes and keep a permanent file. Minutes shall be distributed to the full membership. Minutes should be reviewed by the Chairperson prior to distribution.
C. To conduct both outgoing and incoming correspondence and maintain a permanent file of such correspondence.
D. To perform such other duties as may be requested by the BMSAC including, but not limited to, travel arrangements, conference calls, etc.
ARTICLE X. AMENDMENTS TO BYLAWS
These bylaws may be amended or repealed by BMSAC member(s) in the following way: proposed changes will be sent to members with the agenda for the next meeting; discussion of changes will take place at that next meeting; members will vote on the changes at the meeting subsequent to that; two-thirds of the BMSAC membership must approve any changes.
ARTICLE XI. OUTSIDE PARTICIPANTS AND PRESENTATIONS
Outside participants and presentations such as speakers, films, etc., will be allowed at the discretion of the BMSAC. Any member may request the BMSAC as a whole to determine whether a presentation shall be permitted. All approved outside presenters should identify themselves by name and affiliation with bituminous underground coal mining.
ARTICLE XII. RESOURCE MATERIALS
The Department will provide copies of informational materials for the public at Committee meetings. Organizations may bring materials to Committee meetings, but such material shall be identified as to source.
Requests for Information:
Information on the Pennsylvania Bituminous Mine Safety Advisory Committee can be obtained from the Bureau of Deep Mine Safety as follows:
DEP, Bureau of Deep Mine Safety
Fayette County Health Center
100 New Salem Road, Room 167
Uniontown, PA 15401
724-439-7469
724-439-7324 (Fax)
http://www.dep.state.pa.us