MINUTES

Pennsylvania Bituminous Mine Safety Advisory Committee
Fayette County Health Center, Uniontown, PA
April 9, 1997

The meeting was opened by Program Development and Technical Services Division Chief, Matthew A. Bertovich, at 10 a.m.  All Pennsylvania Bituminous Mine Safety Advisory Committee groups were represented. 


Attendance


Members Present:

   Richard E. Stickler, DEP, Bureau of Deep Mine Safety

      Robert Frantz, The Pennsylvania State University

      Thomas Strong, R & P Coal Company

      Gerry Finfinger, NIOSH Pittsburgh Research Center

            (designated representative for John Murphy)

      James P. Lamont, United Mine Workers of America

           

Others Present:

      Matt Hindman, RoxCoal, Inc.

     Jack Holt, Consol, Inc.

      Wayne Duerr, NIOSH

     John Kovac, NIOSH

      Bob Stein, NIOSH

      Tim Rehak, NIOSH

      Jerry Taylor, Maple Creek Mining, Inc.

      Jeff Kravitz, MSHA

      Alan Polka, TJS Mining, Inc.

      Nina Huizinga, DEP, Policy and Communications

      Matthew A. Bertovich, DEP, Deep Mine Safety

      Joseph A. Sbaffoni, DEP, Deep Mine Safety

      Allison Trader, DEP, Deep Mine Safety

     


Mr. Bertovich introduced Richard E. Sticker, the new director of the Bureau of Deep Mine Safety.  Mr. Stickler gave a brief history of himself.  He has held the position of Bureau Director since March 10.  Mr. Stickler encouraged good communication and participation between the Advisory Committee and the Bureau of Deep Mine Safety.  He indicated that communication was the first and most important step in solving problems.  Mr. Stickler opened the business portion of the meeting.


Minutes of the December 11 meeting were distributed and reviewed.  A motion was made by Tom Strong, and seconded by Bob Frantz, to approve the minutes as typed.  Gerry Finfinger requested that the minutes reflect the organizational change from U. S. Bureau of Mines to NIOSH.  The motion carried with the changes noted by Mr. Finfinger.


Procedures for Advisory Committee:


Matthew Bertovich gave a review of the Department’s guidelines for advisory committees.  The Pennsylvania Bituminous Mine Safety Advisory Committee has been operated according to these procedures.Nina Huizinga informed the committee that listing new business as an agenda item gives an opportunity for members to raise issues that have not been listed on the agenda.  Mr. Bertovich explained that the intent of having the agenda prior to the meeting is to give people insight into what will be discussed at the meeting. 


A discussion took place on the organizational structure of the committee.  A concern had been brought up by Deputy Secretary Robert Dolence at the November 2, 1995, meeting about Deep Mine Safety running an advisory group that gives advice to itself.  Robert Frantz commented that the present format has worked well and that the committee had voted previously to continue this format. Richard Stickler advised the committee that he had reviewed the previous minutes and understood the committee’s comments.He stated, however, that he will be resigning as chairman of the committee.


Draft by-laws will be developed by the by-laws subcommittee.  They will incorporate the change of having Deep Mine Safety act in a supporting role for the committee and not a voting role.  A motion was made by Tom Strong, and seconded by Bob Frantz for the by-laws subcommittee to draft by‑laws that will reflect these changes.  The motion carried.


Old Business:


Mine Rescue Subcommittee:
Wayne Duerr had obtained information from the state of West Virginia.  He informed the committee that West Virginia does have a law concerning mine rescue which covers their workman’s compensation.  Mr. Duerr commented on the difficulty he had in getting states to respond to his inquiries.  Matthew Bertovich advised the committee of a national effort that is underway by the Mine Safety and Health Administration (MSHA) to address mine emergency preparedness issues.  In 1995 MSHA had a conference where the mining community was invited to identify issues related to mine emergency preparedness.  These issues were summarized in a 1996 report, and a work group was formed in January 1997 by Assistant Secretary for Labor Davitt McAteer.  Mr. Bertovich is a member of this work group.


The work groups are addressing many of the same issues that were identified by the Pennsylvania Bituminous Mine Safety Advisory Committee.  They are meeting today (April 9) in Beckley to compile some preliminary information on the issues of the Good Samaritan legislation, workers compensation, and mutual aid agreements.  Mr. Bertovich will copy the entire committee on the materials that are produced by the national work group once he receives them.


Richard Stickler suggested coming up with a good definition of the scope of the problem, having it documented, and then distributed.


The committee agreed that the idea of a mutual aid agreement could be helpful.  The mine rescue subcommittee will be working on coming up with a draft mutual aid agreement.  Once finalized, it would be made available to everyone throughout the industry as a planning tool. 


Update on Act 182
:
  Matthew Bertovich updated the committee on the progress of Act 182 of 1996 which became effective on February 17.  No diesel-powered equipment packages have been received at this time.  A two-day diesel workshop for trainers is in the planning stage.  The workshop will be open to the industry and UMWA.


New Business:


·       
    Joseph Sbaffoni and Richard Stickler advised the group that a policy on allowing the use of electronic gas detectors in lieu of flame safety lamps has been drafted.  A meeting is planned for late April to allow all concerned parties the opportunity to comment on the policy.

·        Jeff Kravitz invited advisory committee members to observe a Mine Emergency Response Development (MERD) program being held in Bruceton on April 26.  Anyone interested is to contact Carol Boring at MSHA in New Stanton. 

·         Agenda items are needed by the first of June for the next meeting which is scheduled for July 9 in Uniontown.

With no further business to discuss, the meeting adjourned at 11:30 a.m.