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disaster, reuters uk, oct. 8, 2008, available at c. the board of governors shall serve a term of four years. unique features and importance to the global economy, as well as the 167. see discussion supra sec. iv.a. alternates and advisers, and the secretary general and the staff of the 2009] coal miner safety & health 603 agency. generation," resulted from a methane gas explosion, some 885 feet law the mine improvement and new emergency response act of 2006 the general assembly shall determine that the state is able and willing sufficient.49 b. the board of governors and the secretary general shall appoint in 2005, 15% of the coal consumed worldwide was traded schemes throughout the world, which have limited scope and numerous 77. id. at 49 fig.54. world coal consumption may increase by 65% from 2005 to 2030, transmit to the economic and social council these comments along 12. world coal inst. & united nations env't programme, industry as a partner looking back at the recent coal mining disasters across the world, it the european coal and steel community ("ecsc" or "the community") these two countries alone are predicted to consume nearly the have signed this charter within eighteen months after it is opened for for coal due to the enhanced dangers inherent in nuclear energy 139. world coal inst., world coal institute: the voice of coal 3, available at 1. international labour organization and the safety and health in mines this act created the mine safety and health administration (the atrocious, as rescuers reported poor ventilation, flooding, smoke, and in this field, only positives can result. with the efforts of this proposed the establishment of the agency. labor costs low and risks to mine workers high.115 underground coal mines, http://www.umwa.org/index.php?q=content/types-underground-coal- few of the main "developing" nations have ratified the convention.133 19. wci & unep coal, supra note 12, at 38. services or the supplying of materials, or equipment, by one power of the parliament permits, the commonwealth and all the other coal miners, improve working conditions in coal mines, and david winkowski, a mine is a terrible thing to waste: past, present and future reclamation 66. id. black lung because the cause of death was required to be recorded on the death certificate). those 594 hofstra labor & employment law journal [vol. 26:583 2009] coal miner safety & health 613 have horizontal entries into the coal seam from a hillside." id.; long, supra note 11, at 24-25. recommendations to the board. the board shall then submit further attendance of any delegation shall be borne by the member concerned. 53. id. at 3. to carry out the obligations of membership in the agency, giving due cutting away the coal.61 organization business practices of its members.147 techniques, the risk of collapse is seemingly high. see infra text accompanying notes 56-66. also, safety violations are the root of most mining accidents; nonetheless, it is more efficient to avoid environmental implications, 28 energy l.j. 421, 423 (2007) (citing press release, int'l energy a. regional regulation there will always be arguments against international organizations in november of 2006, a mine collapse in poland ratifying countries had the option to denounce their ratification of the the global on matters within the competence of these organs. with the copies of the reports it has received from member states. fundamental human rights, it is appropriate to draw from the reporting because nearly every nation consumes coal. but, in fact, some of the great majority of coal, 85% or more, is used by electric utilities and "all employees" and contractors; (d) the implementation of "regular 159. the coal resource, supra note 50, at 11. some of the largest coal mining companies 85. julia fuschino, mountaintop coal mining and the clean water act: the fight over article v: general assembly http://news.bbc.co.uk/1/hi/world/europe/6469339.stm. energy future (nov. 7, 2006), available at to members subject to any political, economic, or other conditions as discussed, coal both the iaea and the iccpr are well established and followed experts for a five-year term on the consultative committee. deadliest in the world."27 assembly, as defined in article v, upon the recommendation of the c. the consultative committee shall be responsible for research, miner act significantly increases penalties to mine operators for first- the agency shall establish regulations and standards to improve the http://www.umwa.org/index.php?q=content/underground-coal-mining (last visited feb. 1, 2009). in at www.msha.gov/stats/charts/coalbystate.asp. "a total of 3,786 coal miners died in gas blasts, and the united nations and other organizations or return such coal enterprises and associations from around the world.138 but unfortunately the disaster legislation, it is still prevalent in developing countries with are regional acts and, thus, do not apply worldwide. china's lack of charter, the activities of the agency shall be carried out with due continue operat[ing]."120 the increased after the passage of the federal coal mine health and safety act of 1969 because of new legislation.167 environmental effects, the economy, and world trade shape the coal no. 2002-122, coal workers' x-ray surveillance program frequently asked standards thus filling those gaps. individual rights with a person's right not to be endangered by another's 112. id.; the coal resource, supra note 50, at 10. a grid-like pattern is formed as rooms, usually twenty to b. about the coal mining industry form of wages, community programmes [sic] and inputs into production in the local economy is 142. id. coal is found in more than 70 nations, with the largest reserves in article xii: reporting181 178. id. art. xiv, 8.1 u.s.t. at 1108, 276 u.n.t.s. at 30. a proposal to establish a specialized for improving safety and health."105 127. safety and health in mines convention, june 22, 1995, c176, available at president these measures have considerably improved safety levels.155 collapse may occur in tandem with other risks to coal miners such as explosion and fire. see infra such an organization.168 backwards in terms of granting miners basic human rights. there are many risks to underground coal miners and rescue 43. see mine safety & health admin., sago mine information single source page, http://kennedy.senate.gov/imo/media/doc/ccm%20report%20final%20for%20posting%2002 failed. section iii of this note describes the universality of coal, its c. the general assembly may discuss any questions or any matters across a panel of coal about 800 feet in width and up to 7,000 feet in the safety and health problems facing coal miners are permanent a. what is coal? increases the environmental implications of the shift to coal as the article iv: membership177 2. to propose matters for consideration by the board and communication equipment, "[t]here's absolutely no technology today 5. in 2006, there were seventy-three total mining deaths in the united states, forty-seven of regional regulatory schemes are not equally effective or enforced. there 614 hofstra labor & employment law journal [vol. 26:583 oversee coal mining operations, which provide baseline safety and health source that cannot be abandoned in the foreseeable future.5 flooding and other accidents [in 2007], down 20 percent from 2006. officials reported another drop 2009] coal miner safety & health 599 aspects in seeking to improve the overall safety and health of miners. d. any excess of revenues referred to in paragraph c, and any acting under instructions of the consultative committee. consumers.79 have a significant impact on the health and safety of [companies'] convention and, thus, abandon the domestic regulatory schemes as 62. id. workers, such as collapse, explosion, suffocation, fire, illness, and and social council and the united nations industrial development twenty-three countries that ratified the convention, of which none chose to exercise the international cooperation; cmsha was the product of collaboration between the world but it also means the mine will stop work."162 51. coal is located on every continent and in over 70 different countries. id. at 3. as of 2005, 49. maher, supra note 10 ("the bleak outlook for six coal miners trapped underground in according to cmsha, some of the safety and health aspects of accidents to be produced for examination by the federal mine safety and health act of 197787 become a deadly one."33 141. world coal inst., wci affiliations, human rights. a global coal mine safety and health organization with from united states, australia, united kingdom, germany, and china. regulatory agency (hereinafter referred to as "the agency") upon the first priority and concern of all in the coal or other mining industry must be the health and safety of 24. id. at 38-39. though no country denounced,131 105. id. 7(d). cmsha further provided for coal mine worker safety and health the mine when the explosion occurred and it took them over six hours to remuneration ensuring for himself and his family an existence worthy and regulatory agencies, yet, a global problem demands a global 3. submit reports on its activities annually to the general the purpose of the icmm is sustainable development through better sought to ensure free-market supply of coal and steel to war-torn europe members appointed to the consultative committee together with their 65. id. review 2007 16 (2007), available at world ever more concerned with energy security. world's total energy consumption). though the ilo has released a code of practice on 176. id. art. iii, 8.1 u.s.t. at 1095, 276 u.n.t.s. at 6. this accident was caused sustain the world's energy needs for the next 190 years.68 violations partly due to the high cost of accidents and job-related deaths. render, supra note 133, at twelve who perished, only one died as a direct result of the blast.45 the local production and distribution of mosquito bed nets throughout the local community. id. 41. s. health, educ., labor & pensions comm., 110th cong., report on the august in gas blasts, flooding and other accidents . . . down 20 percent from 2. approve states for membership; 118. chuck hagel & jim leach, china human rights and rule of law update: government injuries and fatalities of coal miners within the member state and 169. int'l atomic energy agency [iaea], statute of the iaea, art. 1, oct. 26, 1956, 8.1 u.s.t. the heart of the convention urges states to set up internal agencies and evidence being used against them; (b) requiring documents related to request from the board reports on any matter relating to the actions.106 in beijing, more than thirty miners were killed in an explosion and the state of the industry has worsened and the profession of miner has 84. doe/eia-0484(2007), supra note 69, at 49. legislative and regulative efforts regarding coal miner safety and health 2009] coal miner safety & health 587 69. energy information administration, doe/eia-0484(2007), international materials, services, equipment, and facilities furnished to members by training within the coal mining industry; consume large amounts of domestic coal are china, the united states, india, russia, and australia); the community suffers great negative impacts from work stoppages and collapsed roofs.36 form strategic partnerships and alliances to coordinate actions and maximise article iii: functions176 exchange of information and technology, and ultimately work to help consideration. reports shall indicate the factors and difficulties, if any, address safety and health issues that are universally encountered in all underground.35 42. id. at 5-6. the act without warrants or permission; (d) allowing corporations to done by people. . . . all underground mines face the same problems. australia, and the european union, are both comprehensive and states, the european union, australia, and china. however, these [t]his universal declaration of human rights as a common standard of achievement for article xiii: privileges and immunities182 communicated to the director-general of the international labour office for registration. such all peoples and all nations, to the end that every individual and every organ of society, claimed fifteen miners' lives.37 30. buckley, supra note 5. 2009] coal miner safety & health 607 "in china, more than 4,700 people died accounting for more than 26% of the total global consumption.69 given the frequency of mining accidents in some countries. successful. legislation exists establishing agencies to regulate and notable achievements, such as "a high level of technological feet wide to support the overlying strata and improve air circulation.58 2009] coal miner safety & health 611 48. see infra sec. iv.a. nation where it is produced.80 hofstra labor & employment law journal, specifically lauren smith, thelma ofori, and brandon 31. lina kushch, twenty-four miners found alive in ukraine, reuters uk, june 9, 2008, withdraw.166 commitment to safety and health standards governed by strictly enforced just and favourable conditions of work and to protection against justice to give an advisory opinion on any legal question arising within development, safety and environmental quality."125 international agency for coal miner 57. id.; united mine workers of america, underground coal mining: room and pillar not widely followed or enforced resulting in continued human rights are imperative. even though coal mining claims the lives of thousands 37. hopes fade for 15 polish miners, bbc news, nov. 22, 2006, available at 6. federal mine safety & health act of 1977 3(k), 30 u.s.c.a. 802(k) (2006) attracted national and international attention.43 40. see maher, supra note 10. develop technology, training, and procedures to reduce if not eliminate f. decisions of the general assembly on financial questions and of a. the consultative committee shall be comprised of fifteen experts dioxide emissions, but as the demand for coal rises in the coming years, as those promulgated by the ilo, are a good foundation for a solution. incompatible with the provisions of this charter. "typical activities include access to basic healthcare and recreational facilities, provision of quality (dec. 10, 1948), available at http://www.un.org/en/documents/udhr/. international coal trade may increase by 53% from 2005 to 2030, and the share of coal in world agency to promulgate global standards and to ensure compliance. "more 557a (2000). occurrences, but it can develop into severe lung disease, also known as progressive massive fibrosis. 9. examples of this devastating risk were seen in utah, west virginia, and china. see infra 2009] coal miner safety & health 601 sec. ii.b. article viii: consultative committee and collecting and exchanging information.139 although u.s. mines are some of the safest in the world, as the miner this accident, the "worst . . . for a 137. id. 56. long, supra note 11, at 26. iii. the coal economy by demonstrating the dangers inherent in underground coal mining and amended at 30 u.s.c. 876). article ii: objective and purpose international coal mine worker safety and health organization. mines, and tunnel mines where more coal could be obtained.55 el=0&sp=true. is a noxious pollutant of both air and water." id. 2. the world coal institute and international council on mining and utah is exposing shortcomings in last year's efforts to overhaul mine safety regulations, including a located in another part of the world is not protected. this note asserts in december 2007, china experienced "one of convention]. it came into effect in 1998, with states is uncertain, but may be related to poor dust inspection or non- within the scope of this charter, and may make recommendations to and health problems would broaden the reach of regulations and underground coal mining has continually posed significant risks to ("cmsha"), annual budget estimates for the expenses of the agency. to facilitate collapses.62 dangers to coal miners everywhere. section iv details a selection of 583 143. id. ukraine.31 though the incidence of black lung appears to be canyon."41 rights.173 following: (a) the inadequate current regulations; (b) the need for a the act most effective methods to achieve this are as follows: (a) requiring for mine worker safety and health. it would allow for the efficient 138. id. botswana, brazil, czech republic, finland, germany, ireland, lebanon, luxembourg, norway, lignite, which contains the least amount of carbon, is a "soft brown coal with visible plant 598 hofstra labor & employment law journal [vol. 26:583 5. it also imposes the same requirements on coal mine operators. see id. art. 2(1). servs., publ'n no. 2004146, worker health chartbook, 2004 160, 239 fig. 4-19 (2004), monoxide poisoning while waiting over forty hours to be rescued.46 there are approximately 984 act acknowledges, there is still much room for improvement.97 states may have more sophisticated regulation than china, it has a in addition, 4. sections of the proposal are analogized to other effective treaties, mar. 25, 2009). 163. see discussion supra sec. iv.a. regulations requiring the cause of death to appear on the death certificate. niosh chartbook, for sustainable development: coal 36 (2002) [hereinafter wci & unep coal]. 3c3&ei=5070&emc=eta1. estimates to the general assembly for its approval. increases the risk of secondary collapse and harm to rescue workers. even with recent advances in 11. priscilla long, where the sun never shines: a history of america's bloody escondida foundation aims to improve the quality of life of low-income groups in various regions. safety and health violations than to improve mine safety. id. at 185, 190. intermediary for the purposes of securing the performance of accordance with regulations and standards made in response to leads to a higher risk of fire and explosion.11 energy consumption may increase to from 27% in 2005 to 29% in 2030. doe/eia-0484(2008), protection of his interests.153 such as the international chamber of commerce, international council improve understanding of the importance of coal as the single largest source of terms and conditions hereinafter set forth. 10. approve the appointment of the secretary general by the (rocky mountain mineral law foundation 2000); doe/eia-0484(2008), supra note 67, at 47. developed areas of the world; denunciation option). the majority of accidents and fatalities in the world occur within on mine disasters in the united states (2009), id. at pmbl. "provide a forum for the exchange of information and the discussion of at the end of the mine, retreat mining is used to most recently, a collapse at utah's crandall canyon mine in august [2007] left six miners 98. wci & unep coal, supra note 12, at 37-39. furthermore, what should be implemented on the global front. recent accidents across the world exemplify the dangers of coal article ix: finance178 present ideal role models for the creation of the proposal. current domestic, regional, and international regulations and standards, overall safety and health of coal miners throughout the world. the 61. id. practical application of, safe working conditions for coal miners even in its cleanest forms coal emits developed countries, laws usually mandate "rigorous safety procedures, an agency outweighs arguments against it. sections of the proposal are argue isn't yet feasible."). century 9-1, 9-5 of an accident"; and (c) "allowing mines with revoked licenses to http://europa.eu/scadplus/treaties/ecsc_en.htm (last visited mar. 21, 2009) [hereinafter ecsc most coal miner deaths problems of the coal industry which have gone unsolved for years. . . . the annual report 2007]; barboza, supra note 28. accidents occur mostly in illegally operated mines in small rural towns agency shall facilitate cooperation with states and between states in sec. ii.b. as of 2007, coal is second behind oil in producing carbon required by the relationship agreement between the agency and 1. elect members of the board of governors (the "board"); ecsc's main economic agenda. these regional faults illustrate the need among the shall be convened by the secretary general, at the request of the board enforcement of monetary sanctions, and compiling reports. the board collapse of an unlicensed lijiawa coal mine in yu county.30 8. considering that intentional collapse is incorporated into some underground mining specialized agencies, which deposit an instrument of acceptance of this sara mischner & paula rothfeld it seeks to accomplish coal mining companies often evolve into a local monopoly labor intensive, unsophisticated equipment is used, and poor health and explanation as to why the disease continues to persist in the united lobbying and policy development, forming strategic alliances with other is due partly to the establishment of a permanent body to administer the id. another example of a coal mining company giving back to its community is coal and allied supports are removed once the coal has been retrieved, which results in hard, dense, glossy black coal, and is usually found under mountains. id. it is the cleanest burning a. the agency shall enjoy in the territory of each member such legal "safety net" including assessments and control of risks, "accidents and practical and reasonable measures to eliminate workplace fatalities, 166. id. located in rural areas include bhp billiton, a worldwide operation. bhp billiton, annual unless otherwise agreed upon by the board of governors and the agency to administer and carry out a set of standards in hopes of mine in march of 2007.34 available at http://www.reuters.com/article/topnews/idusn0641764920070806. 134. see safety and health in mines convention, supra note 127, at art 4(1) ("the measures having a central location would provide for efficient management of the rescue efforts, and miners trapped in horrific circumstances almost every and continuous; this is why a permanent organization is imperative. the geographic reach, and effectiveness, allowing for violations of basic http://www.nytimes.com/2007/12/07/world/asia/07mine.html?ex=1197608400&en=1967717ae6a2d thousands of years of pressure and heat resulted in the formation of gas australia, by 606 hofstra labor & employment law journal [vol. 26:583 voluntary contributions to the agency, shall be placed in a general article vii: board of governors developing countries there are lower safety levels and even when they 4. consider the annual report of the board; governors by majority vote and approved by the general assembly. 38. id. 82. king & swartz, supra note 72. penalties including legal prosecution, "warnings, demotions, and pmbl., apr. 18, 1951. presumed dead. federal inspectors had warned of hazardous conditions, though another federal the coal resource, supra note 50, at 13-14. a senior at hunan normal university who conducted surveys among mar. 26, 2009). the seven core objectives are: raise the level of safety, it has done so without much success.113 from a maximum of $50,000 to $500,000. the jail time maximums for such willful violations, one- c. all reports shall be submitted to the secretary general of the contributions of member states to the regular budget of the united the remaining fifteen appointees shall be drawn proportionately from "some miners fear poverty more than mining disasters," said cao yu, that allows you to communicate with those trapped miners."10 of labor, mining injury rates continue to drop enforcement remains strong (2008), disaster within the context of federal mine safety regulations in general). "just and favorable conditions of work": concrete rules and enforcement leads to an unacceptable risk to miners. a brief review of recent events demonstrates the strong need for an miner safety and health agency. section vii concludes that unless a coal form the information made available to it under paragraphs a and b of mine collapses may trap miners thousands of feet below the agency, the world energy outlook 2006 maps out a cleaner, cleverer and more competitive 93. press release, office of the press sec'y, supra note 92; see miner act, 2 (codified as 3. suspend a member from the privileges and rights of among the peoples of member states themselves and among the peoples of territories the wci and the icmm recognize the need for a global solution.164 13. id. (noting that china has a fatality rate of more than 300 times that of australia, which coal miners.161 the various regions. of this charter, which is not settled by negotiation shall be referred to agency that brings together governments, employers and workers of its risk management gateway). fatalities are a result of methane gas explosions that stem from poor 107. see id. workers.8 health, safety, and working conditions within coal mines.89 the future will shift from the united states and japan to china and 103. coal mining safety and health act, 1999, 7(a). the independent exercise of their functions in connection with the in accidents; (b) "concealing, misreporting, or providing a delayed report 87. federal mine safety & health act (msha) of 1977 2, 30 u.s.c. 801-962 (2000). the secretary was also vested with problem.150 in 1995, the ilo hosted the convention concerning the this type of ilo convention may be effective in other areas, if coal mining fatalities do occur, a thorough investigation 117. see cecc annual report 2008, supra note 116, at 52; cecc annual report 2007, supra coal is a universal product.50 http://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/meshcm-9.pdf. supra note 11, at 26. tunnel mining approaches the coal seam through dirt as opposed to the other likewise, international coal mine safety and health standards, such the existing coal mining act and shifted the responsibility of safety and 26. lindsay beck, poor safety standards blamed for china mine blast, reuters uk, june 584 hofstra labor & employment law journal [vol. 26:583 writing process. also, we would like to thank our families for their support, and members of the c. the secretary general shall have a staff to oversee and direct notes countries in which [its] mines are located. 30 per cent of [its] total supply spend [sic] is with charter after their membership has been approved by the general attaining a crucial global solution. 7. approve any agreement or agreements between the agency 2006) (on file with author). 89. 30 u.s.c. 801-962. in the findings and purpose of the act, congress declared, "the the members of the agency, or to the board of governors, or to both http://www.worldcoal.org/pages/content/index.asp?pageid=244 (last visited feb. 1, 2009). 68. the coal resource, supra note 50, at 3. with improvements in technology and the article xiv: settlement of disputes183 coal; nonetheless, like all types of coal, it continuously emits methane gas. id. at 3-4. coal is also 88. id. 802(n); federal mine safety & health act (msha) of 1977 302(a), 29 u.s.c. b. in carrying out its functions, the agency shall: inadequate given the frequency of accidents and the multitude of safety the general fund may be used; in 2007, "[a] total of 3,786 coal miners died following wwii.122 64. id. 1. charles hutzler, world's coal use carries deadly cost, associated press, nov. 11, dangers to coal miner safety and health. by uniting international experts 55. id. at 9, 24-26. most underground mines are less than 1,000 feet deep, but some extend many face reprisals if they report accidents. and some do not want to see their mine shut down for fines or dismissal. when a rain-swollen river breached a dike in august [2007], the mine flooded, improvements in the work place. id. viktor yushchenko noted that "[t]his accident reflects all the key board or return it with recommendations as to its entirety or parts 20. id. at 37-38. contribution of coal to social and economic development. and rescue procedures and preparedness, and assessment of coal mine worker's health. id. 7(e)- fundamental human rights of coal mine workers. 29. id. functions of the agency. consultative committee. this annual report shall contain data on mining. standards, procedures, and regulations to be presented to the general mines, at 1-2, meshcm/2006/9 (may 8-13, 2006), available at promote respect for these rights and freedoms and by progressive measures, national and http://research.lawlex.com.au/default.asp?itid=0&ntid=0&nid=&cid=16222&jurid=&alpha=&alpha although the chinese government has taken steps to also, mines (last visited feb. 1, 2009) [hereinafter types of underground coal mines]. "drift mines by the principles adopted by the united nations in assessing b. the first board of governors will be appointed by a majority vote 120. id. recurring dangers. the problem is perpetuated by current regulatory 146. int'l council on mining & metals, about us, http://www.icmm.com/about-us (last visited there are two types of room and pillar mines--conventional and step for the industry, they still have numerous faults and lack a universal around the world will continue to have their universal right to safety and a treaty enforcing coal mines, supra note 55. shaft mines are usually very deep, and have access to the coal seam via german solidarity. id. france, germany, belgium, italy, luxembourg, and the netherlands were 97. see wci & unep coal, supra note 12, at 37. 4. to foster the exchange of technical information on safe thought china might overtake the united states as the world's leading producer of greenhouse gases and health agency could focus on continuing to research, improve, and from the united states, the cmsha, from australia, and the safety and health in mines high corruption within the chinese government imposes a barrier to their to the agency. worker safety and health throughout history. the proposal in this note, it is composed mainly of carbon compliance with regulations due to economic difficulties.25 chosen because they are widely accepted and effective throughout the promote the role of clean coal technologies in improving the environmental of governors shall compile and produce an annual report to the d. environmental effects of increased coal consumption the agency, represented for this purpose by the secretary-general in 2008, the original descended underground in the form of drift mines, slope mines, shaft health administration's] review of the mining plans at crandall doc. a/6316 (dec. 16, 1966) [hereinafter iccpr]. china has a long history of poor working conditions and human supra note 17, at 239 fig. 4-19 (explaining how after the federal coal mine health and safety act 125. see ecsc treaty, supra note 122. 52. long, supra note 11, at 4. edwin r. render, can tort law be used to save blue collar jobs in the united states?, 29 cal. current regional and international coal mine safety regulations are 75. see id.; robert w. gee et al., china's power sector: global economic and available at http://www.cdc.gov/niosh/docs/chartbook/pdfs/chartbook_2004_niosh.pdf consistent application would close the existing gaps, thus, protecting through this initiative, malaria has been reduced by over 90%. id. bhp strives to engage local it is a member of numerous international organizations 116. cong.-exec. comm'n on china, 110th cong., annual report 52 (2d sess. 2008), (2) everyone, without any discrimination, has the right to equal pay for violations and unsafe coal mines. enacted the coal mining safety and health act of 199999 http://www.iea.org/textbase/press/pressdetail.asp?press_rel_id=187); joseph kahn & jim 99. coal mining safety and health act, 1999, no.39 (queensl., austl.), available at 102. see id. while in china, there are news reports of mining blasts, deaths, of governors or of a majority of members. the sessions shall take from the general assembly, as defined in article v, who shall the parties hereto establish a world coal miner safety and health the country's worst mining accidents" when a gas explosion in an illegal widespread government corruption has allowed poor conditions and performance of coal. 18. umwa black lung, supra note 17. this disease is not fatal in the short term in all 121. see id. at 8. 140. id. at 4. 2009] coal miner safety & health 609 95. press release, office of the press sec'y, supra note 92. disease. it is an altogether preventable disease and in other cases treatable, with health the board of governors on the amount of the agency's budget shall equal work. room and pillar, and longwall.56 the largest consumers of coal in the lack of support for this convention is its major fault. it's about time: thirty feet wide, are cut into the coal bed leaving pillars of coal up to 100 address misconceptions about coal through the production and dissemination falling due to greater awareness and implementation of directed and health violations across the world. within certain states and regions, national regulations in developed nations, such as the united states, development principles include the need for "continual improvement of http://news.bbc.co.uk/2/hi/asia-pacific/8005523.stm. 2006, available at http://www.nytimes.com/2006/12/08/us/08sago.html. since coal miner safety and health is within those it has contributed about fourty times the amount of the local government to such local services as individuals and community groups by improving their social and economic circumstances. id. standards, emergency procedures, inspections, reporting, occupational china implemented new interim provisions to "increase accountability country chose to exercise that option, the world would be moving mining for morality at sago mine: big business and big money equal modest enforcement of and health organization. the charter is drafted in a way to address the health to the coal mine site owners under an expanded duty of care 24. slope mines slant downwards and are usually not that deep. id. at 25; types of underground there are numerous advantages in having a permanent organization national institute for occupational safety and health, 7 requirement concerning family draws its organization's reporting requirements from the international of 1969 was passed, there was an increase in the reported number and rate of coal miner deaths from 109-238, 120 stat. 493 (2006) (codified as amended in scattered sections of 30 u.s.c.); press although there is a strong emphasis on protecting an its work includes miners. workers.40 principles of the united nations to promote peace and it may consider appropriate, to the parties. the committee may also water, drainage, roads, bridges, parks, and sporting facilities. id. however it only provides and compile reports to the united nations. underground coal removal in the united states is the room and pillar has worked extensively in china). training, penalties for violations, and more.163 observance of the sovereign rights of states. cmsha.104 c. in carrying out its functions, the agency shall not make assistance 144. see world coal inst., safety at coal mine, incident command and control, 4 mine rescue teams, 5 prompt incident notification, 6 2. international labour organization, sector meetings: meeting of experts on safety and method.57 this world and heavily consumed in various markets. id. at 13-14. ("`accident' includes a mine explosion, mine ignition, mine fire, or mine inundation, or injury to, or "administration"), which is a division of the department of labor.88 these annual reports and produce them to the agency for review. the reports as may fall within their field of competence. in 33. id. 020/290503 (may 29, 2003), available at solution. although both effective and progressive, msha and cmsha a. a general assembly consisting of representatives of all members from high oil prices, n.y. times, may 23, 2008, available at the wci has consultative status with the united nations economic risky underground coal mines. id. 861-878. subchapter iv discusses black lung benefits. id. the expiration of ten years from the date on which the convention first comes into force, by an act an accident investigation, depriving them of work."); the coal resource, supra note 50, at 11. conditions of mines, and propose and promulgate standards and gas explosions occur frequently in ukraine's aging mines the board of governors shall have the authority to exercise borrowing india.73 http://www.cecc.gov/pages/general/newsletters/ceccnewsletter20061208.pdf. 4. european coal and steel community the agency. it shall transmit its reports, and such general comments as place at the headquarters of the agency unless otherwise determined articulate and promote the enforcement of common regulations, collect carbon dioxide, a leading cause of environmental pollution and global 115. see hutzler, supra note 1 (noting that local officials are sometimes part-owners shifting is no justification for why a coal miner located in one part of the world is the united states (28% of the world's supply), russia (19%), china less of a focus on safety and health and have few enforceable standards. eleven others died as a result of oxygen deprivation and carbon healthy work conditions than a person in a developing nation. in a. the agency is authorized: http://www.ilo.org/public/english/dialogue/sector/techmeet/meshcm06/index.htm. 133. see safety and health in mines convention, supra note 127. the five main developed 119. id. the act includes many detailed subchapters. id. 811-962. subchapter i established, inter alia, on mining and metals ("icmm"), and world energy council.142 world."126 612 hofstra labor & employment law journal [vol. 26:583 analogized to other effective treaties, agencies, and conventions viable energy source will increase, especially as oil reserves decline and international coal miner safety and health agency is needed and is employer within the area, giving them greater bargaining power over health of coal mines, may 8-13, 2006, the levels of methane were so high that required by the convention.130 110. hutzler, supra note 1. week, the united states has only about thirty mining deaths per year.114 regions are excellent models of what all countries should strive for, and covenant on civil and political rights ("iccpr"),172 health surveillance and risk-based monitoring of employees"; and (e) the often a very large source of local community income." wci & unep coal, supra note 12, at 30. the coal industry by providing a forum for discussion of industry challenges, 160. hutzler, supra note 1 ("at huayuan mining co. in eastern shandong province, miners b. each member shall produce and submit an annual report to the treaty]. this community was created to ease their strained relations and to strengthen franco- tunnel while the coal is then removed by a conveyer belt.65 traditionally, underground coal mining has posed significant risks hazards, health hazards, and mine rescue, http://www.cdc.gov/niosh/topics/minerescue/ (last coal industry and the inherent dangers facing miners and rescue developed areas of the world; note 116, at 68. 111. buckley, supra note 5. nov. 8, 2007, at a4. as discussed in section iv, supra, currently coal is regulated 129. see id. (listing the twenty-three ratifying nations as: albania, armenia, austria, been and continue to be sophisticated coal mine safety and health 162. hutzler, supra note 1. miners.28 liquid fuels, and individual consumption.71 w. int'l l.j. 175, 182 (1998). the most significant "developing" country missing is china, "the coal is a global commodity; it is traded internationally, effects world's leading coal producer." id. at 183. (provides links to other mine safety and health agencies such as msha, ilo, and minerals industry equipment, and workers is directly linked to the number of coal mining court, unless the parties concerned agree on another mode of artificial roof supports are used to hold up the roof of the 2. australia coal mining safety and health act and regulation article 23. a serious mining accident occurred in the russian ulyanovskaya is lacking broad international support. taken together, these schemes the safety and health in mines convention provided suggested 123. ecsc treaty, supra note 122, at art. 3. http://www.bhpbilliton.com/bbcontentrepository/20071114332570/bhpbannualreview07.pdf. the january 2006 sago mine tragedy in west virginia also http://www.goodpracticemining.org/documents/jon/icmm_sd_principles.pdf. keeping this declaration constantly in mind, shall strive by teaching and education to 145. id. convention agency, which shall be in accordance with the provisions of the over 10 years ago, there were approximately 5,000 cases of black the international court of justice in conformity with the statute of the 588 hofstra labor & employment law journal [vol. 26:583 membership, the board of governors, as defined in article vii, and it replaced conventionally poor safety and health records.19 128. see id. china, dec. 2006, at 7 available at poorly ventilated underground mines for extended lengths of time with provide a voice for coal in international policy discussions on energy and the higher incidence of black lung disease in comparison to australia.24 principle.102 three types which tunnel through coal. id. at 25. the icmm sustainable today, that number is likely even higher than what is this objective through: (a) the implementation of "a management system mining industry. its continuing presence and growing demand on the questions & resource list (2002), available at http://www.cdc.gov/niosh/docs/2002-122/ general assembly. the board shall also collect reports of members 86. rubenstein & winkowski, supra note 85, at 191. these new provisions impose stricter coal miners were also objectives of the community, although not as 34. search at stricken siberian mine, bbc news, mar. 20, 2007, available at international energy agency, among others.143 2007 (quoting dave feickert, an independent mine safety consultant based in new zealand, who (last visited feb. 1, 2009) [hereinafter umwa black lung]. liaisons, 8 penalties, 11 technical study panel. a gas explosion in the summer of 2008 killed at least one miner this program has protected over five million people from contracting malaria through its support of supra. the agency should consider adopting substantive standards loosely based on the msha, a report published by the senate in 2008 revealed "multiple agencies, regulations and standards that shall prevent injury to most prominent, if not the foremost risk to underground coal mine charges, including reasonable research and inspection costs, for 50. see world coal inst., the coal resource: a comprehensive overview of coal 1. united states federal mine safety and health act 174. the proposed agency will be structurally based on the iaea and iccpr, as discussed accidents.160 124. id. only articles 68 and 69 address specifically miners and working conditions within creating unavoidable difficulties for mining operations.32 (1) everyone has the right to work, to free choice of employment, to the treaties and conventions analogized to in the proposal were the united nations or of any of the specialized agencies, which shall while the united 8. approve rules and limitations regarding the exercise of 153. id. at art. 23 (emphasis added). basic human rights, 76. doe/eia-0484(2007), supra note 69, at 49. their sovereign rights must be balanced with coal miners' universal international, to secure their universal and effective recognition and observance, both 156. hutzler, supra note 1 ("the u.s. has had three major fatal accidents in the last two years. regulation and mandatory health examinations.23 signed in 1951 and entered in force in 1952, the treaty establishing visited jan. 29, 2009) [hereinafter niosh focus on coal]. occupational safety & health, dep't of health & human servs., focus on coal mining: safety limited information on the issue, not a solution. 15, 2008 (sanjeev miglani ed.), available at billion tons of proven recoverable coal reserves worldwide, which could on any such questions or matters. 36. id. 2007, at a6, available at 1. to take decisions on any matter specifically referred to the limited, the australian arm of the rio tinto company. wci & unep coal, supra note 12, at 30. when a lightening bolt ignited methane gas trapped in the mine and risks in mining emergencies, the potential for injury, illness, and death article 23 of the declaration directly deals with the right to e. the committee shall study the reports submitted by the parties to throughout the world; and, if requested to do so, to act as an longwall mining]; long, supra note 11, at 41. advise the agency on select matters; the work of the board in this regard, the secretary general shall states."100 shall meet in regular annual sessions and in such special sessions as consumption rates are expected to increase, which will inevitably affect injuries and diseases"; (c) the provision of health and safety training for 16. id. safety and health coal prices and the international marketplace for coal.77 numbers have since decreased, and were at an all time low in 1999. id. 3. to apply the findings and proposals of the consultative the world, bearing in mind the special needs of the under- 25. id. at 39. the fatality rates of pneumoconiosis among united states' coal mine workers worldwide membership; coal mining industry, especially in china,145 application of, safe working conditions for coal miners. year for first time violators and five-years for subsequent violators, remain the same. (3) everyone who works has the right to just and favourable minerals 1. conduct its activities in accordance with the purposes and d. the general assembly shall: v. a global problem demands a global solution fatalities. china's lax coal mining regulatory scheme causes the that number did not improve much in 2008, given 155. id. voluntary contributions to the agency, and the manner in which rescue efforts were slowed due to the threat of another explosion.38 2009] coal miner safety & health 615 materials, services, and equipment to meet the needs of research administration's "efforts to enhance mine safety training, to improve agreements concluded between a state or a group of states and the demand for coal needs to be balanced with appropriate safety measures. through continued improvements in 100. id. 3(1). mechanized and safety regulations better enforced, risks remain."156 fatal illness among coal mine workers.17 be developed with respect to safety and health of coal miners. members, and all members, in order to ensure to all of them the rights general assembly for this purpose by the board; mining is inherently high risk and will always remain so as long as it is regulations. however, these regulations are disregarded at times, and 73. id. not only is it mined throughout the human rights derived from the universal declaration of human conventional mining is an older method where "the coal 122. europa, treaty establishing the european coal and steel community, ecsc treaty, into the cause of the accident results.16 in china, about 50% of 191-92 (2002). supra note 67, at 47. see the coal resource, supra note 50, at 13. 2009) [hereinafter room and pillar mining]. for an international mine safety and health organization, addresses those 21. id. at 38. governors, consultative committee, and general assembly. of the general assembly. subsequent appointments are made by msha, a sweeping act, covers nearly all issues concerning coal miner [hereinafter the coal resource]. c. international coal trade and the economy of the general assembly, may determine. 126. int'l labour org., http://www.ilo.org/global/lang--en/index.htm (last visited mar. 25, standards and procedures. id. 841-846. subchapter iii, interim mandatory safety standards for occur in smaller village and town mines where mining techniques are "coal mining directly employ[s] millions worldwide [and] generates income and employment in 108. id. at 4-6. central as others.124 ensure decision-makers and opinion formers are fully informed of the c. the board of governors shall establish periodically a scale of quotas, import and export tariffs, and duties. see id. at arts. 3-5. by 2010, possibly later. now, the international energy agency has said china could become the lung in china.21 the agency. the scale shall be designed to produce revenues for the 586 hofstra labor & employment law journal [vol. 26:583 remains in this inherently challenging industry."7 151. the coal resource, supra note 50, at 11. there was a push for mine safety reform,48 following this mining accident 23. id. doe/eia-0484(2008), supra note 67, at 47 (noting that in 2005 coal increased to 27% of the rights to safe and healthy working conditions. the benefits, as a. the board of governors shall submit to the general assembly the the proposed permanent specialized international coal miner safety id=&ihl=&nhl=&fp=&rdt=&vaftype=&requirelogin=&tab=ind&pact=coredoc&top=exp&nav=col borrowing powers by the board, rules regarding the acceptance of largest coal-producing nations are also the world's largest coal or service useful in research on, or development or practical procedures must be implemented.47 answers to questions related to establishing the cause of a serious collect as much coal as possible from the pillars before the roof development and recommendations for coal mine safety and health which "binds all persons, including the state and, so far as the legislative 72. neil king jr. & spencer swartz, why coal is to get additional attention, wall st. j., the wci acknowledges that there are still problems with safety in the in july 2008, weeks before the summer olympics and training programs aimed at preventing coal mine accidents and made in longwall coal mining, "a cutting [device] moves back and forth 604 hofstra labor & employment law journal [vol. 26:583 counsel and, when appropriate, other organs of the united nations 1. within six months of the consultative committee's findings 2009] coal miner safety & health 589 elevators. types of underground coal mines, supra; long, supra note 11, at 25. they are a more to employment and to work in a safe environment as basic human http://www.msha.gov/mshainfo/factsheets/mshafct8.htm; see also, nat'l inst. for 2006. officials reported another drop in the first 8 months of [2008]."111 &docview=true. highlight the valuable role affordable and abundant coal resources play in a (1st sess. 2007), available at agency, who shall transmit them to the consultative committee for this figure may seem surprisingly low, especially legislation.15 secure the availability of coal and steel through a free market.123 only apply within those states and regions. international coal mine their attention to business and away from safety). coal mining and industries associated with coal production are article x: reimbursement of members179 nevertheless, "[e]ven in wealthy nations, where mining is more issues new coal mine provisions as mining fatalities increase, u.s. cong.-exec. comm'n on whether or not members of the united nations or of any of the 183. id. art. xvii, 8.1 u.s.t. at 1110, 276 u.n.t.s. at 34. paragraph d of this article. convention, the wci provides some information on coal mine safety.144 60. id. energy outlook 47, 56 (2008), available at http://www.eia.doe.gov/oiaf/ieo/pdf/coal.pdf a. any question or dispute concerning the interpretation or application fortunately, coal mining in the united states is safer, although 22. id. accidents still occur. in the summer of 2007 much attention was drawn subchapter ii is entitled interim mandatory health standards, which provides for various health pockets and coal seams.54 feasible. section vi proposes the establishment of an international coal outdated equipment are the most susceptible to this disease.20 regulations for mine safety.90 46. id. 2009). it has connections with the coal industry advisory board to the http://www.worldcoal.org/pages/content/index.asp?pageid=440 (last visited mar. 25, 2009) b. the general assembly and the consultative committee are 92. mine improvement and new emergency response (miner) act of 2006, pub. l. no. sipherd. coal for life, or at least the next 147ish years! 135. see int'l labour org. [ilo], code of practice on safety and health in underground coal 44. assoc. press, report blames lightning for explosion in sago mine, n.y. times, dec. 7, 90% of whom are in developing countries."151 c. the agency shall assemble and make available in an accessible however, without a its most precious resource--the miner." id. 801(a). in accordance with its findings and purpose, board of governors. in recommending and approving a state for 106. id. at 3. for ensuring application of the convention shall be prescribed by national laws and regulations."). use of coal increases.75 b. the board of governors shall apportion the agency expenses, international arena. the international atomic energy agency 2. a permanent agency, not merely an ad hoc convention, is needed is an excellent model because it is effective and respected, accompanying collapses. b. the secretary general shall direct meetings of the general authority to enforce standards and reporting requirements, inspect mines, a. the secretary general shall be appointed by the board of underground mine in taiyuan claimed the lives of approximately 105 other uses of coal include conversion into other nations. 104. id. 7(b), (c). health and safety standards and worker education and training."154 596 hofstra labor & employment law journal [vol. 26:583 health and safety standards, 18 u. fla. j.l. & pub. pol'y 209 (2007) (discussing the sago mine "at least 3,200 people died in china's coal mines . . . , making them the of the http://online.wsj.com/article/sb118714418469598156.html?mod=googlenews_wsj. e. the general assembly shall have the authority: this accident demonstrates that improvements to mine safety and rescue people across the world, and is consumed globally.76 coal mines throughout the world. its primary functions will be to http://www.msha.gov/sagomine/sagomine.asp (last updated dec. 7, 2007) (providing links from the 173. id. at pmpl. from a maximum of $25,000 to $250,000. the fines for subsequent criminal violations increase capacity and such privileges and immunities as are necessary for the drawn from the members of the agency and shall include one member available at www.cecc.gov/pages/annualrpt/annualrpt08/ceccannrpt2008.pdf [hereinafter states, united kingdom, and australia as a result of a strong the majority of coal consumed is used domestically in the 136. world coal inst., about wci, www.worldcoal.org/about_wci.asp (last visited mar. 25, seam is cut, drilled, blasted and then loaded into cars" for removal.60 154. see the coal resource, supra note 50, at 10. coal was the second most consumed energy source in the world, 182. iaea, supra note 169, art. xv, 8.1 u.s.t. at 1109-10, 276 u.n.t.s. at 32-34. (14%), australia (9%), and india (7%).67 177. id. art. iv, 8.1 u.s.t. at 1097, 276 u.n.t.s. at 8. at 1095, 276 u.n.t.s. 1957 at 4 [hereinafter iaea]. collapses also entrap pockets of gas within the mines, which in turn 2009] coal miner safety & health 593 states, competent organs of the united nations, and specialized said they continued to work as water began seeping into the mine last summer, because they feared graded according to quality and how much sulfur and ash is emitted when burned. id. at 4. "sulfur occupationally caused diseases. 2009] coal miner safety & health 605 officials were unsure as to how many miners were working in primary fuel source. guy caruso, adm'r, energy info. admin., u.s. dep't of energy, statement "it is estimated that coal employs over 7 million people worldwide, time and subsequent willful violations of mandatory safety standards.96 &docview=true&reldocid=44415. 147. id. specialists shall be established to advance research and development continuous.59 safety and health regulatory agency. the agency, as created, would mine safety and health international agency is established, coal miners organization.141 it is "a preventable, health and safety on the job: black lung, http://www.umwa.org/index.php?q=content/black-lung agencies, and conventions http://www.cecc.gov/pages/annualrpt/annualrpt07/ceccannrpt2007.pdf [hereinafter cecc on, and development and practical application of, safe working the but something more standardized, focused, and widely accepted needs to the chinese government's focus lies not in workers' safety but in coal the scope of the agency's activities. length."64 47. moussa, supra note 43, at 211-12. in response to this disaster, the u.s. government paragraph d, apply for this purpose. the proceeds of such charges 157. the coal resource, supra note 50, at 10; hutzler, supra note 1. in developed countries miners in hunan province in 2005 and 2006. "mining accidents create 610 hofstra labor & employment law journal [vol. 26:583 health violated. article shall be defined in a separate agreement or agreements between nat'l inst. for occupational safety & health, dep't of health & human servs., publ'n penalties for first time willful violations of mandatory safety or health standards have increased energy, and human rights. not approve the estimates, it shall return them together with its twenty-three countries ratifying it as of 2009.129 to workers' health and safety.2 132. see id. the convention, inter alia, suggests reporting requirements, miner and settlement. the ilo's safety and health in mines convention is a great model, but companies bringing revenue into the country, which includes keeping observations or comments that may be made in accordance with id. of information resources. section ii details and analyzes the shortcomings of current though the safety and health in mines and published a recommendation.127 governments and companies invaluable resources. an ad hoc structure environment. top priority; and (e) imposing penalties and fines to deter violations.108 [companies'] health and safety performance."148 [hereinafter doe/eia-0484(2008)]; the coal resource, supra note 50, at 3. ("iaea")169 safety conditions exist.14 http://www.umwa.org/index.php?q=content/longwall-mining (last visited feb. 1, 2009) [hereinafter b. other members of the agency shall be those states and institutions, the committee, transmit to the specialized agencies, including the evidenced by the continuing disasters across the world. in utah demonstrated that these new procedures and standards are not of human dignity, and supplemented, if necessary, by other means of administrative matters of the agency. 2009] coal miner safety & health 591 the miner act amends msha and is the "most its members consist of 54. id. three major types of coal formed: lignite, bituminous, and anthracite. id. at 4. although these coal mine safety and health schemes are a positive 81. king & swartz, supra note 72; graham bowley & david jolly, economic toll mounts 2009] coal miner safety & health 585 15. id. at 37. these countries and currently coal mining is regulated regionally such as within the united only two out of the five main "developed" coal-producing nations and 170. id. art. ii, 8.1 u.s.t. at 1095, 276 u.n.t.s. 1957 at 4. it is predicted to be the leading source of carbon dioxide.84 ventilation and lack of monitoring.12 3. china's labor law ("msha") was 7. niosh focus on coal, supra note 6. as the world's demand for energy increases, reliance on coal as a 70. doe/eia-0484(2007), supra note 69, at 49; doe/eia-0484(2008), supra note 67, at 47; 39. james nelson, six coal miners trapped in utah mine collapse, reuters, aug. 6, 2007, the safety and health in mines convention has many positive 3. id. a. safety and health risks to underground coal mine workers seemingly no direct connection to the ilo or the mine safety and health caused by coal use, coal mining also presents a myriad of other i. introduction derived from fossilized plant matter buried under layers of sediment.53 the price of oil skyrockets.81 unemployment. mining, http://www.umwa.org/index.php?q=content/room-and-pillar-mining (last visited feb. 1, 101. coal mining safety and health bill, 1999, at 2 (queensl., austl.), available at of human beings across the world each year, it is a fundamental energy 2009). world, but its impact is far reaching.51 resulted in an underground explosion, trapping thirteen miners.44 nations have not ratified it and those that have can now easily mines. the vast majority of the ecsc was devoted to economic issues that may impede the freely protected by effective safety and health standards, while a coal miner expensive endeavor but yield a high return because they can access numerous coal seams. long, assembly. prompted by the sago mine disaster, president bush signed into in late 2006 as a response to external pressures, wci is the only 158. the coal resource, supra note 50, at 11. "expenditure of large scale coal mines in the 175. iaea, supra note 169, at art. i, 8.1 u.s.t. at 1095, 276 u.n.t.s. at 4. than 3,700 died in coal mines [in 2007] making china, the world's therefore, the time and effort required to find their exact location distributing information on coal.140 the universal declaration of human rights article 23.171 protect safety and health of coal miners worldwide; pursuant to this authority, and to accept voluntary contributions made wages, community programs, and contributions to the local economy.159 (the "miner act").92 ii. the coal industry affects the health and safety of miners assembly of the united nations, to request the international court of training, some dangers have been controlled.3 collapse is one of the usually the main employers in the rural areas where coal seams lie.158 the icmm is another source of international focus on mining.146 (4) everyone has the right to form and to join trade unions for the black lung disease.98 response. 180. id. art. viii, 8.1 u.s.t. at 1102, 276 u.n.t.s. at 18. requirements in the iccpr. a safety and health advisory council was also established to huntington, utah, where six coal miners were trapped in a collapsed http://news.bbc.co.uk/1/hi/world/europe/6171264.stm. 63. united mine workers of america, underground coal mining: longwall mining, such as the united states, australia, and the european union, there have effectiveness.121 would inevitably be more costly and would not be able to adequately member furnishing to the agency materials, services, equipment, or new violations are: (a) failing to remedy hazardous conditions resulting assessment of coal mine worker competence, skilled supervisors, appropriate coal mine emergency 149. id. at 3. http://uk.reuters.com/article/oilrpt/idukpek702120080615. facilities, the board shall enter into an agreement with such member the ecsc expired on july 23, 2002 leaving behind representatives, inspectors to monitor effectiveness of safety and health implementations, effect.135 b. delegates of members together with their alternates and advisers, 14. id. vii. conclusion convention, from the ilo, as they are the most effective in protecting the safety and health of coal the proposed organization, infra, will provide such a permanent accidents may take precedence.107 contrast, has nearly eliminated black lung from its coal mines through working conditions in coal mines, and to encourage individualized after a tunnel is 91. id. 801(g), 811, 813, 814. published due to underreporting in small-scale mines.22 the roof been fascinating and enlightening on many aspects. we would like to thank our faculty advisor mandatory safety and health standards, and procedures for their enforcement. id. 811-825. 161. hutzler, supra note 1 ("miners themselves are often complicit in the deadly bargain. and left twelve missing at a 110-year old coal mine in donetsk, safety and health of underground coal mines in 2006, it has no binding looking at us, one would never think us to write on this issue; however, writing this note has healthy work environment are fundamental human rights guaranteed by 184. in developing countries, like china, it may be more efficient and less costly to allow fatal annually with their compliance. the member states shall compile vi. a proposal for a global mine safety and health if any http://www.nytimes.com/2008/05/23/business/worldbusiness/23oilweb.html. pneumoconiosis or black lung is the most common health risk and 27. china mine blast leaves 18 dead, bbc news, apr. 18, 2009, available at 9. approve amendments to this charter; and agencies.134 602 hofstra labor & employment law journal [vol. 26:583 83. id. the most popular method of 608 hofstra labor & employment law journal [vol. 26:583 [hereinafter niosh coal workers' faq]. there is no cure for the damage caused by the inhaled throughout the international community. in combination, they work to effective improvements implemented or discovered through practice outgoing members and approved by the general assembly. a. each member should make available such information as would, in 114. barboza, supra note 28. occupational diseases can and do occur."4 iaea has particular authority and specialized requirements not feasible the wci and icmm are international informational centers with safe energy outlook 49, 49 (2007), available at the though there is agency, maybe history will not have to repeat itself after all. the united nations. 148. icmm, icmm sustainable development framework: icmm principles, at 1, doc. ref: c http://research.lawlex.com.au/default.asp?itid=0&ntid=0&nid=&cid=16222&jurid=&alpha=&alpha "[bhp] support[s] . . . local communities by sourcing most of [its] materials and labour from the c. the legal capacity, privileges, and immunities referred to in this specifically in queensland, the government regulatory schemes are inadequate to remedy what is a global underground coal mines, includes detailed procedures and safety standards specifically for the frozen income when coal mines are shut down for safety violations or possible discovery of new coal reserves, coal may last for an even longer period of time. same amount of coal that the entire world consumes presently.74 coal miners working in before u.s. senate committee on energy and natural resources 5, 8 (mar. 4, 2008), available at board. they can extend directly through a mountain and have natural drainage. long, supra note 11, at article xi: exchange of information180 6. to encourage and assist research on, and development and continuous mining is a more prevalent form that uses a machine for illegal mining operations to continue.116 has seven core objectives, all focusing on developing the international rehabilitation and reintegration of "employees into operations following mine.39 are piecemeal in addressing the problem and are not adequate as as of 2004, contributions, which the board of governors may, in accordance with components" and is usually found under plains. id. bituminous coal, the most common type of suppliers from the local community or region." id. at 15. in mozambique, bhp has implemented a it takes eternal vigilance to stay on top of it.1 article vi: secretary general administration of the standards with a central location to maintain rights.152 efforts to correct the environmentally damaging effects of coal mines, 13 vill. envtl. l.j. 189, the objectives of the community were primarily to 5. approve the budget of the agency recommended by the d. the board shall be responsible for financially related matters, 131. see safety and health in mines convention, supra note 127 (displaying a table of the safety and health across the world.128 and benefits resulting from membership, shall fulfill in good faith the 17. see nat'l inst. for occupational safety & health, dep't of health & human http://www.worldcoal.org/assets_cm/files/pdf/corporate_brochure_final_version.pdf (last visited 2009] coal miner safety & health 617 standards and codes of practice for the states to implement internally.165 the universal 1. inadequate current regulations the main focus of the miner act is safety in anticipation of, during, agency shall require coal mine operators to report to the states alternates and by advisers shall represent each member. the cost of there were many warning signs during the planning stage of management systems at coal mines to promote risk management in approximately five billion in 2030.72 previously discussed, outweigh the criticisms and concerns about having 79. see id. at 50-55 (noting that among nations which both produce high amounts of coal and the original parties to the ecsc. treaty establishing the european coal and steel community, b. the contents of the report shall be determined within six months of itself. cecc annual report 2008]; cong.-exec. comm'n on china, 110th cong., annual report 69 mining industry."26 and it regulates a field of energy derived from mining.170 require a two-thirds majority of those present and voting. and zimbabwe). once the coal seam is reached there are two methods of retrieval-- 150. see supra sec. iii. emissions leader by the end of this year, and the netherlands environment assessment agency said production, it provides a solid foundation for the creation of an b. at such sessions, one delegate who may be accompanied by international convention sought to establish national standards for miner accident or potential accident, and protecting the person from the d. the secretary general of the agency may, after consultation with "mining alters the landscape and underground available at the proposal 10. kris maher, miners' fate underscores safety-overhaul failures, wall st. j., aug. 15, 80. the coal resource, supra note 50, at 13. the purposes and principles of the charter of the united nations. member of the agency for another; and to perform any operation 0608.pdf. coal mines and their safety. effectively amended in november 1977, id=&ihl=&nhl=&fp=&rdt=&vaftype=&requirelogin=&tab=ind&pact=coredoc&top=exp&nav=col down to 2,000 feet. united mine workers of america, underground coal mining: types of the level of sophistication of a country's coal mining protections, [sic] resources to improve the perception of coal worldwide. safety and health regulations are piecemeal and aspirational. they are b. a draft global mine safety organization charter174 for this purpose. 59. room and pillar mining, supra note 57. 2009] coal miner safety & health 597 fuel, is one of the "dirtiest" fuels.82 94. see generally miner act. the miner act amends various provisions of the federal b. international regulation internationally.78 "coal is a rock that burns."52 the u.s. about 91% of coal produced is currently used for generating electricity, making it the water and soil."86 focused on continual improvement of all aspects of operations that could available at http://www.nytimes.com/2007/08/26/world/asia/26china.html?ei5 ("experts once the first comprehensive statute in the united states to adequately address 32. id. 67. energy information administration, doe/eia-0484(2008), international 2. allocate its resources in such a manner as to secure efficient 592 hofstra labor & employment law journal [vol. 26:583 a person in a developed nation has no less a claim to safe and the judgment of the member, be helpful to the agency. to the board for resubmission to the general assembly; 28. david barboza, 105 killed in china mine explosion, n.y. times, dec. 7, 2007, available 74. id. and issue penalties for mine operators who did not comply.91 2. to establish a consultative committee of fifteen members for coal will increase from under three billion metric tons in 2005 to larger coal mining operations provide substantial local income through 2. and every year thereafter. largest producer and consumer of coal, home to the world's deadliest institutions, organizing policy workshops, and producing and lower fatality rates are seen in the united this greatly http://www.ilo.org/ilolex/cgi-lex/convde.pl?c176 [hereinafter safety and health in mines nationally and regionally in an ineffective piecemeal fashion. the 168. see discussion supra sec. vi.a. technologies, new capital investments, and continuously improved this accident brought nationwide attention, once again, to the united nations and its concerned organs, copies of such parts of the utilization and the greatest possible general benefit in all areas of initially prepare the budget estimates. if the general assembly does consideration to its ability and willingness to act in accordance with c. the agency is based on the principle of sovereign equality of all its allocate resources as needed, provided that they make safety and health a providing concrete examples of when legislation and regulations have emergency supplies of breathable air along escape routes."95 address the continuing safety and health problems facing coal miners, 113. the coal resource, supra note 50, at 10-11; see hutzler, supra note 1. safety and health aspects of the coal mining industry and, thus, save 6, 2007, disaster at crandall canyon mine 5 (comm. print 2008), available at the international labour organization ("ilo") is "the tripartite un the current piecemeal scheme is limited in scope, workers.132 the mine as well as during the mine's operation that suggest this disaster which were related to coal mining. overall mining deaths dropped in 2007 to sixty-seven, but management training, facilitation of informational exchange, and required inspections. see id. art. majority of the world's coal mining fatalities.13 e. subject to rules and limitations approved by the general assembly, occupational lung disease that is contracted by prolonged breathing of assembly and shall work to coordinate between the board of employment and employment safety and stresses that the right includes in the first 8 months of [2008]." chris buckley, update 3-china milk scandal province hid mine global front exhibits its universality and the need for a universal government, and employee and employer organizations.101 peru, philippines, poland, portugal, slovakia, south africa, spain, sweden, united states, zambia, denunciation shall not take effect until one year after the date on which it is registered."). the united states and germany signed onto this international safety and health in mines standard. and highlights their inadequacies. section v demonstrates that an fuel for electricity generation, and its vital role in other industries--including other regional industries that are dependent on coal mining." id. at 11. it is traded all over the by the general assembly. f. the parties to the agency may submit to the committee any assembly of the united nations, to the economic and social [in 2006] in coal mines."110 the wci operators and managers.103 furthermore, safety and health issues were subsidiary to the expired also, the effectiveness of this convention is capped because it only providing for reimbursement for the items furnished. coal mine dust, which shortens and compromises the health of the people who have contracted the member states in common action to promote decent work throughout the number one source of energy consumption. in addition to pollution illness or injury, where feasible."149 and/or research and development that may assist other member states the use of "black lung" as a synonym for pneumoconiosis. united mine workers of america, however, the convention is weakened because major coal producing for coal min[ing] accidents."118 united mine workers of america, who we are, where we work: underground coal mining, safety and communications technology for miners and provide more safety & health admin., u.s. dep't of labor, coal fatalities by state (2009), available individual's rights, the need to establish the cause of serious mining 179. id. art. xiii, 8.1 u.s.t. at 1105-08, 276 u.n.t.s. at 30. gave authority to the secretary of labor to study information on the the world coal institute ("wci") was established in 1985 to success with msha in the united states and with cmsha in australia flowing coal and steel products from one member state to another, such as price fixing, production a. the initial members of the agency shall be those state members of china had already passed that level."). separately empowered, subject to authorization from the general employees, . . . contractors and the communit[y]"; (b) the taking "all industrial consumers.70 90. id. 801(g). the international energy agency predicts that the world's demand mine safety & health act. sections of the miner act include: 2 emergency response, 3 shall be placed in a separate fund, which shall be used to pay members that the right of coal miners to safety and health protection is universal. dismissal for violations of coal mine safety practices."119 australia, resulting in low fatality rates and the virtual elimination of this note then proposes the creation of an international coal mine working conditions in mines and "improved standard[s] of living for" nationwide permit 21, 34 b.c. envtl. aff. l. rev. 179, 182 (2007); a. brooke rubenstein & requires each ratifying state to establish and enforce national standards coal, is soft and burns with a "smoky yellow flame." id. anthracite, having the most carbon, is a agency adequate to meet the expenses and costs, less any voluntary sweeping overhaul of federal mine safety law" in almost thirty years.93 education and employment opportunities." id. at 15. for example in chile, bhp's minera 78. doe/eia-0484(2008), supra note 67, at 52-53. (k). assembly. in fixing the scale the general assembly shall be guided the conditions in the mine after the explosion were challenges relating to the coal industry."136 171. see discussion supra sec. v. in improving overall safety conditions in coal mines. address many of the issues facing coal miners and they, therefore, exercise of its functions. release, office of the press sec'y, president bush signs s.2803, the miner act of 2006 (june 15, and villages.112 enacted the miner act of 2006. see infra sec. iv.a. death.6 global front on behalf of the coal industry.137 warming.83 1. to establish and adopt, in consultation and collaboration with 109. the coal resource, supra note 50, at 10. collapse.66 signature and shall have deposited an instrument of ratification with have adopted in light of this agency and on the progress made: for any materials, services, equipment, or facilities furnished by them among members in accordance with a scale to be fixed by the general thirty-four of those mining deaths were coal related. mine safety & health admin., u.s. dep't for approximately 31% of underground coal mining.63 despite these attempted improvements, such these tragedies highlight the risks of methane gas explosions and inspectors; (c) providing for entry into on- and off-site mines covered by 181. iccpr, supra note 172, art. 40. 6. approve reports to be submitted to the united nations as obligations assumed by them in accordance with this charter. affecting the implementation of the agency. 5. to make provisions, in accordance with this charter, for members of the agency any liability in respect of loans entered into malaria program over six years ago, which spans over 160 thousand square kilometers. id. at 16. permanent agency, not merely an ad hoc convention; and (c) the need for report this accident.29 and to meet other expenses, which may be incurred by the agency yardley, as china roars, pollution reaches deadly extremes, n.y. times, aug. 26, 2007, cmsha imposes duties of safety and health on coal mine iv. the regulation of coal world-wide is inadequate d. subject to the provisions of this charter and to the terms of committee; http://uk.reuters.com/article/oilrpt/idukl0962732920080609?pagenumber=2&virtualbrandchann coal mine dust."18 death of, any person"); see mine safety & health admin., u.s. dep't of labor, historical data in the coal mine safety and health field. available at http://www.msha.gov/mshainfo/injuryrates/cymshainjuryinfo2001-2007.pdf; mine 616 hofstra labor & employment law journal [vol. 26:583 the united nations, or return them to the board with its it builds upon and furthers the 600 hofstra labor & employment law journal [vol. 26:583 social protection. rights violations.117 delay in mandating better emergency two-way communications technology that some companies 3. the need for an agency outweighs arguments against it states solve universal safety and health problems that coal miners face. 13 (2005), available at http://www.worldcoal.org/assets_cm/files/pdf/thecoalresource.pdf 130. see id. at art. 19(1) ("a member which has ratified this convention may denounce it after 58. room and pillar mining, supra note 57; long, supra note 11, at 26. "while great strides have been made in recent decades to reduce agreements with its recommendations to the board, for it provides for safety and health has the world's lowest fatality rate). the development and enforcement of effective coal mine safety and 618 hofstra labor & employment law journal [vol. 26:583 901-945. lastly, subchapter v sets forth various administrative provisions. id. 951-962. agency, shall enjoy such privileges and immunities as are necessary in coal producing nations are the united states, canada, great britain, germany, and australia. only "to allow the coal mining industry to participate in developing strategies gaps. having a permanent agency focusing on solving coal mine safety failures in both the company's formulation and [the mine saftey and 165. id. solution. arguments by states concerning the agency's usurpation of 590 hofstra labor & employment law journal [vol. 26:583 http://uk.reuters.com/article/oilrpt/idukpek7176320081008. records, develop and research technology, and conduct meetings. and publish vital statistical and informational reports, facilitate the steel production, cement manufacturing, chemicals and liquid fuels. agency had approved the work."). 45. id. recommendations; coal, as compared with other sources of resubmission to the general assembly; china's coal mining industry.109 as set forth in section b for the parties concerned; msha's website to information about the sago mine disaster); see generally shari ben moussa, established in areas related to coal mine worker safety and health, 35. id. existing national and regional coal mine safety and health conditions, with due consideration for the needs of the under- fund, which may be used as the board of governors, with the approval coal industry 28, 45 (paragon house 1989). under their jurisdiction. 152. see universal declaration of human rights, g.a.res. 217a, u.n. doc. a/810, art. 23 b. miner safety and health is at risk around the world because much of the coal is found at a depth of 1 kilometer or more, this article. it shall take positive steps to encourage the exchange [hereinafter niosh chartbook]. in title iv of the coal mine act of 1969, congress legalized and after, mining disasters.94 declaration of human rights of the united nations enshrines the rights 172. international covenant on civil and political rights, g.a. 2200a (xxi), art. 40, u.n. of coal miners, and shall serve as an intermediary among its members a. organization predicates is clear that uniform global safety and health standards for coal mining could have been prevented.42 96. compare miner act 8(a)(1)(b)(2), with 30 u.s.c. 820(d) (2000). criminal surface with limited air supply.9 health programs. a collaborative committee of states and industry the following section is a proposal for an international mine safety environmental harms.85 http://www.eia.doe.gov/neic/speeches/caruso030408.pdf. there is a strong commitment to safety and health standards in structure of the land, simultaneously releasing pollutants into the air, are in place, they are less likely to be enforced.157 drowning 172."); see also the coal resource, supra note 50, at 10. professor james e. hickey jr. for his invaluable knowledge, input, and support throughout the promulgate minimal standards for the safety and health of mine a. the board of governors shall be comprised of twenty members as the demand for coal grew, coal mining international non-profit, non-governmental organization working on the at another method of coal mining is longwall mining, which accounts among its members of information relating to safe working conditions for a global solution. great stress. for them an accident means a colleague has departed the 4. id. 164. see discussion supra sec. iv.b. environmental effects will be astounding as the energy demand and the http://www.eia.doe.gov/oiaf/archive/ieo07/pdf/coal.pdf [hereinafter doe/eia-0484(2007)]; in drafting cmsha, the drafters acknowledged the need to balance powers on behalf of the agency without, however, imposing on article i: establishment of the agency175 as discussed above, the rights to employment and a safe and 71. marla e. mansfield, coal, in energy law and policy for the 21st a. the parties to the agency shall submit reports on the measures they 2009] coal miner safety & health 595
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It's About Time: A Proposal to Establish a Specialized International Agency for Coal Miner Safety and Health