52 Pa. Stat. § 690-106

Current through P.A. Acts 2023-32
Section 690-106 - Board of Coal Mine Safety
(a) Establishment.--The Board of Coal Mine Safety is established and shall develop all of the following:
(1) Proposed amendments to the interim mandatory safety standards.
(2) Additional regulations with respect to mine safety if the board determines that existing Federal and State regulations do not adequately address a specific hazard.
(3) Other regulations as specifically authorized under this act.
(b) Composition.--The board shall consist of the secretary, who shall be the chairperson, and the following members appointed by the Governor:
(1) Three members who represent the viewpoint of the coal mine operators in this Commonwealth.
(2) Three members who represent the viewpoint of the working miners in this Commonwealth.
(c) Terms.--All appointments shall be subject to the following:
(1) The initial appointments after the effective date of this section shall have staggered terms so that, for each group of appointments under subsection (b), one member shall serve a term of one year, one member shall serve a term of two years and one member shall serve a term of three years. All subsequent appointments shall be for terms of three years.
(2) Members shall be eligible for reappointment.
(d) Representation.--For the initial appointments after the effective date of this section, the following shall apply:
(1) The members appointed under subsection (b)(1) shall be selected from a list containing six nominees submitted by the major trade association representing coal mine operators in this Commonwealth.
(2) The members appointed under subsection (b)(2) shall be selected from a list containing six nominees submitted by the highest-ranking official within the major labor organization representing coal miners in this Commonwealth.
(e) Vacancies.--The following shall apply to vacancies on the board:
(1) The members appointed under subsection (b)(1) shall be selected from a list containing three nominees submitted by the major trade association representing coal mine operators in this Commonwealth.
(2) The members appointed under subsection (b)(2) shall be selected from a list containing three nominees submitted by the highest-ranking official within the major labor organization representing coal miners in this Commonwealth.
(f) Employment.--Members of the board may continue in employment in the coal industry while serving on the board.
(g) Service.--Members shall serve at the pleasure of the Governor.
(h) Compensation.--Members of the board shall be compensated at the appropriate per diem rate based on the prevailing formula administered by the Commonwealth, but not less than $150 per day, plus reasonable expenses incurred while performing their official duties. The compensation shall be adjusted annually by the department to account for inflation based on the Consumer Price Index published by the United States Department of Labor. An individual board member may waive his or her right to all or part of the compensation.
(i) Meetings.--The board shall meet within 180 days of the effective date of this section for, at a minimum, organizational purposes. Members of the board shall meet at least twice during each calendar year or more often as may be necessary.
(j) Access.--In performing its functions, the board shall have access to the services of the department. The department shall make clerical support and assistance available to enable the board to carry out its duties.
(k) Funding.--Funding for the operation of the board and implementation of the provisions of this chapter shall be derived from the general government appropriation of the department.
(l) Nominations.--If a vacancy on the board occurs, nominations and appointments shall be made in the following manner:
(1) In the case of an appointment to fill a vacancy, a list of nominees under subsection (e) shall be requested by and submitted to the Governor within 30 days after the vacancy occurs by the major trade association or major labor organization which nominated the individual whose seat on the board is vacant.
(2) The vacancy shall be filled by the Governor within 30 days of the receipt of the list of nominees.
(m) Quorum.--A quorum of the board shall consist of five members. Actions of the board must be approved by an affirmative vote of at least five members.

52 P.S. § 690-106

2008, July 7, P.L. 654, No. 55, §106, effective in 180 days [ 1/5/2009].