Symbolic solutions for deadly dilemmas: an analysis of federal coal mine health and safety legislation

Numerous studies of coal mine laws have argued that the passage of all significant health and safety legislation can be attributed to a succession of catastrophic disasters which heightened awareness and propelled lawmakers into action. This paper takes issue with this "disaster-law" argument because it obscures the intricacies of law creation by focusing on a single factor. More accurately, mining disasters represent one dimension of a process aimed at resolving conflicts occurring within a specific social context. Historically, legislation has been utilized to avert economic crises by addressing the demands of protesting miners. Unfortunately, while the "written law" assured improvements, the "law in action" did not meet these guarantees and the deaths in the mines continued. A case study of the Coal Mine Health and Safety Act of 1969 demonstrates how a law with apparently progressive standards can fail to effect change because of its dualistic nature and incomplete implementation.