Sen. Scott Madon, R-Pineville, voted against House Bill 196 which would rolli back part of a state mine safety law. (LRC Public Information)
FRANKFORT — Despite reservations voiced by some Republicans, state senators advanced a bill Thursday that would weaken a safety protection for coal miners put in place almost two decades ago after the death of a Harlan County miner.
House Bill 196, sponsored by Rep. John Blanton, R-Salyersville, advanced from the Kentucky Senate Economic Development, Tourism and Labor Committee by a vote of 7-4. Two Republicans, Sen. Matt Nunn, R-Sadieville, and Sen. Scott Madon, R-Pineville, joined the two Democrats on the committee in opposing the bill. Other Republicans voiced concerns about the bill but voted to advance HB 196 with the understanding it may be changed.
“This is a very difficult bill because there’s arguments on both sides,” said. Sen. Phillip Wheeler, R-Pikeville, who presented the bill to the committee and voted to advance it. “If I felt that this would substantially impair the safety of our working miners, I would be the first to come out against it.”
Wheeler echoed Blanton’s reasoning for the bill, saying he wanted to keep small coal mines in business.
The legislation would reduce the required number of trained and certified coal miners able to respond to medical emergencies, known as mine emergency technicians (METs), depending on how many miners were working a shift. Under HB 196, a shift with 10 or fewer miners would be required to have only one MET, down from the current requirement of two. METs are trained to provide emergency medical care and stabilize a miner’s condition.
A father died mining coal. His son warns KY bill would endanger other miners.
The requirement to have two METs was spurred by the 2005 death of a Harlan County miner, David “Bud” Morris, who didn’t receive proper first aid to stop bleeding after a loaded coal hauler nearly amputated his legs. The only MET on site failed to give Morris necessary medical care. The requirement for two METs on a mining shift was intended to ensure a backup MET is available if one MET is not able to provide aid.
Courtney Rhoades, an organizer for the Letcher County-based legal organization Appalachian Citizens’ Law Center, told lawmakers in testimony the group has seen “no evidence” that coal companies are unable to maintain two METs on mining shifts. At least one small coal mine operator has said it’s been a struggle to have two METs on site.
Both Morris’ son, Landen, and his wife, Stella, have spoken out against the bill, arguing the need for a backup MET is a vital protection and that they don’t want other families of coal miners to go through the loss they went through.
On Thursday, Stella Morris testified against the bill through a video conference call with the legislative committee.
“It’s not about wanting to put anybody out of business. It’s all about wanting to keep their miners that we have underground safe at all times,” Morris told lawmakers.
Nunn, one of the Republicans who voted against the bill, said he had a “lot of food on the table because of coal” and didn’t want to harm the industry.
“I have concerns about this bill and the impact on safety for our miners, the ones who ultimately do put that food on the table,” Nunn said.
Senate Majority Floor Leader Max Wise, R-Campbellsville, who voted for the bill, said he had “some consternation” with the legislation and that senators “may have to work on” the bill before it reaches a Senate floor vote.
The Senate could change HB 196 through a floor amendment, which would send it back to the House to concur or disagree with the changes.