They have introduced the Robert C Byrd Mine Safety Protection Act of 2013 to congress.

Named for vocal industry advocate the late US Senator Byrd, the proposal is similar to one the pair unveiled during the last US congress to bolster the Mine Act and close loopholes in existing regulations.

Provisions in the latest version of the proposal include a requirement for mine operators to record and maintain records of rock dust purchases, which can in turn allow federal officials to verify the steps mines have taken to prevent coal dust accumulations.

It also increases civil penalties for targeted violations known to be contributory to mining tragedies, even previous events, and whistleblower protections are also strengthened.

“The bill ensures strong and reliable enforcement of mine safety laws by directing MSHA to develop a staffing succession plan to ensure that MSHA retains sufficient numbers of trained personnel to help keep miners safe,” the legislators said.

“Additionally, the bill provides that immediate family members of mine disaster victims can designate a representative to closely monitor and participate in a subsequent accident investigation.”

The Robert C Byrd Mine Safety Act of 2013, if passed, would expand federal subpoena powers and permit more thorough investigations, and also boost penalties against those who provide advance notice of mine safety inspections.

Rock dusting regulations would be increased to 80% of total incombustible content in all working areas if the act becomes law.

The establishment of a NIOSH-appointed independent investigation panel for any accident involving three or more deaths is outlined in the proposal; that group would have subpoena power.

Such investigations, the two said, would include improvement recommendations for regulations, inspections and enforcement systems.

“Less than a year ago, we dedicated a memorial to the 29 lives that were lost in the Upper Big Branch Mine disaster, and as we approach the third anniversary of that terrible tragedy we rededicate ourselves preventing such a catastrophe from occurring again," Rahall said.

“While no piece of legislation can remove all of the dangers inherent in coal mining, we have a responsibility to advance sensible improvements in our national mine health and safety program that we know can save lives.”

Rahall also noted the alarming trend of fatalities in the industry so far this year – seven deaths were recorded in a matter of less than two months, and five of those miners killed were working in West Virginia mines.

Moreover, he said, the families of the UBB victims wre still waiting for federal improvements to mine safety laws.

“Tragedy has already visited our coalfield communities far too many times this year,” Rahall said.

“We must not wait for further loss of life from a preventable tragedy to act to bolster our mine safety laws that we know are inadequate. This legislation is an important step in making good on an obligation we have to health and safety of our courageous miners and their families.”