RFID Law Blog

In reaction to recent mining incidents, where rescuers could not locate trapped miners, the US Senate is moving legislation updating the 1977 Federal Mine Safety and Health Act. The Committee on Health, Education, Labor and Pensions yesterday passed this bill.
The bill provides new initiatives of potential interest to providers of RFID and similar technologies, particularly requirements for tracking technologies for miners and communications capabilities. See the language below:

``(ii) POST ACCIDENT COMMUNICATIONS.--Not later than 3 years after the date of enactment of the Mine Improvement and New Emergency Response Act of 2006, a plan shall, to be approved, provide for post accident communication between underground and surface personnel via a wireless two-way medium, and provide for an electronic tracking system permitting surface personnel to determine the location of any persons trapped underground or set forth within the plan the reasons such provisions can not be adopted. Where such plan sets forth the reasons such provisions can not be adopted, the plan shall also set forth the operator's alternative means of compliance. Such alternative shall approximate, as closely as possible, the degree of functional utility and safety protection provided by the wireless two-way medium and tracking system referred to in this subpart."

The legislation also creates a grant program to develop, test, and deliver the kind of technology required above:

SEC. 6. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH.

(a) Grants.--Section 22 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671) is amended by adding at the end the following:

``(h) Office of Mine Safety and Health.--

``(1) IN GENERAL.--There shall be permanently established within the Institute an Office of Mine Safety and Health which shall be administered by an Associate Director to be appointed by the Director.

``(2) PURPOSE.--The purpose of the Office is to enhance the development of new mine safety technology and technological applications and to expedite the commercial availability and implementation of such technology in mining environments.

``(3) FUNCTIONS.--In addition to all purposes and authorities provided for under this section, the Office of Mine Safety and Health shall be responsible for research, development, and testing of new technologies and equipment designed to enhance mine safety and health. To carry out such functions the Director of the Institute, acting through the Office, shall have the authority to--

``(A) award competitive grants to institutions and private entities to encourage the development and manufacture of mine safety equipment;

``(B) award contracts to educational institutions or private laboratories for the performance of product testing or related work with respect to new mine technology and equipment; and

``(C) establish an interagency working group as provided for in paragraph (5).

``(4) GRANT AUTHORITY.--To be eligible to receive a grant under the authority provided for under paragraph (3)(A), an entity or institution shall--

``(A) submit to the Director of the Institute an application at such time, in such manner, and containing such information as the Director may require; and

``(B) include in the application under subparagraph (A), a description of the mine safety equipment to be developed and manufactured under the grant and a description of the reasons that such equipment would otherwise not be developed or manufactured, including reasons relating to the limited potential commercial market for such equipment.

I guess the idea of using RFID and similar tracking technologies on individuals can have very positive implications and applications. This is the kind of thing our industry should promote.

RFID, Radio Frequency Identification is a technology, which includes wireless data capture and transaction processing. Proximity (short range) and Vicinity (long range) are two major application areas where RFID technology is used.