-CITE-

30 USC CHAPTER 22 - MINE SAFETY AND HEALTH 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

-MISC1-

CHAPTER 22 - MINE SAFETY AND HEALTH

Sec.

801. Congressional findings and declaration of purpose.

802. Definitions.

803. Mines subject to coverage.

804. Interim Compliance Panel.

(a) Establishment; composition.

(b) Compensation; travel and subsistence expenses.

(c) Cooperation of Federal agencies.

(d) Quorum; voting; selection of chairman.

(e) Appointment of administrative law judges;

provisions applicable.

(f) Functions; hearings; notice and review;

termination; annual report.

SUBCHAPTER I - GENERAL

811. Mandatory safety and health standards.

(a) Development, promulgation, and revision.

(b) Emergency temporary mandatory standards.

(c) Modification of standards.

(d) Judicial review.

(e) Distribution of copies of proposed standards or

regulations.

812. Advisory committees.

(a) Committee on coal or other mine safety

research; establishment; membership; chairman;

functions; conflicts of interest.

(b) Committee on coal or other mine health

research; establishment; membership; chairman;

functions; conflicts of interest.

(c) Additional advisory committees; chairman;

conflicts of interest.

(d) Compensation; travel and subsistence expenses.

813. Inspections, investigations, and recordkeeping.

(a) Purposes; advance notice; frequency;

guidelines; right of access.

(b) Notice and hearing; subpoenas; witnesses;

contempt.

(c) Records of employee exposure to toxic materials

or harmful physical agents; undue exposure.

(d) Accident investigations; records.

(e) Collecting information without unreasonable

burden on operators.

(f) Participation of representatives of operators

and miners in inspections.

(g) Immediate inspection; notice of violation or

danger; determination.

(h) Records and reports; compilation and

publication; availability.

(i) Spot inspections.

(j) Accident notification; rescue and recovery

activities.

(k) Safety orders; recovery plans.

814. Citations and orders.

(a) Issuance and form of citations; prompt

issuance.

(b) Follow-up inspections; findings.

(c) Exempt persons.

(d) Findings of violations; withdrawal order.

(e) Pattern of violations; abatement; termination

of pattern.

(f) Respirable dust concentrations; dust control

person or team.

(g) Untrained miners.

(h) Duration of citations and orders.

815. Procedure for enforcement.

(a) Notification of civil penalty; contest.

(b) Failure of operator to correct violation;

notification; contest; temporary relief.

(c) Discrimination or interference prohibited;

complaint; investigation; determination;

hearing.

(d) Contest proceedings; hearing; findings of fact;

affirmance, modification, or vacatur of

citation, order, or proposed penalty;

procedure before Commission.

816. Judicial review of Commission orders.

(a) Petition by person adversely affected or

aggrieved; temporary relief.

(b) Petition by Secretary for review or enforcement

of final Commission orders.

(c) Stay of order or decision of Commission or

Panel.

817. Procedures to counteract dangerous conditions.

(a) Withdrawal orders.

(b) Notice to mine operators; further

investigation; findings and decision by

Secretary.

(c) Form and content of orders.

(d) Findings; duration of orders.

(e) Reinstatement, modification, and vacatur of

orders.

818. Injunctions.

(a) Civil action by Secretary.

(b) Jurisdiction; relief; findings of Commission or

Secretary.

819. Posting of orders and decisions.

(a) Mine office; bulletin board.

(b) Distribution of orders, citations, notices, and

decisions.

(c) Compliance.

(d) Filing; designation of health and safety

officers.

820. Penalties.

(a) Civil penalty for violation of mandatory health

or safety standards.

(b) Civil penalty for failure to correct violation

for which citation has been issued.

(c) Liability of corporate directors, officers, and

agents.

(d) Criminal penalties.

(e) Unauthorized advance notice of inspections.

(f) False statements, representations, or

certifications.

(g) Violation by miners of safety standards

relating to smoking.

(h) Equipment falsely represented as complying with

statute, specification, or regulations.

(i) Authority to assess civil penalties.

(j) Payment of penalties; interest.

(k) Compromise, mitigation, and settlement of

penalty.

(l) Inapplicability to black lung benefit

provisions.

821. Entitlement of miners to full compensation.

822. Representation of Secretary in civil litigation by

Solicitor of Labor.

823. Federal Mine Safety and Health Review Commission.

(a) Establishment; membership; chairman.

(b) Terms; personnel; administrative law judges.

(c) Delegation of powers.

(d) Proceedings before administrative law judge;

administrative review.

(e) Witnesses and evidence; subpoenas; contempt.

823a. Principal office in District of Columbia; proceedings

held elsewhere.

824. Authorization of appropriations.

825. Mandatory health and safety training.

(a) Approved program; regulations.

(b) Training compensation.

(c) Certificate.

(d) Standards.

(e) Proposed regulations.

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

841. Mandatory health standards for underground mines;

enforcement; review; purpose.

842. Dust concentration and respiratory equipment.

(a) Samples; procedures; transmittal; notice of

excess concentration; periodic reports to

Secretary; contents.

(b) Standards; noncompliance permit; renewal;

procedures; limitations; extension period.

(c) Applications for noncompliance; contents.

(d) Promulgation of new standards; procedures.

(e) Concentration of respirable dust.

(f) Average concentration.

(g) Compliance inspections.

(h) Maintenance of respiratory equipment;

substitutes for environmental controls.

843. Medical examinations.

(a) Chest roentgenogram; availability; periodic

intervals; other tests; transmittal of

results; advice of rights.

(b) Evidence of pneumoconiosis; option to transfer;

wages.

(c) Costs of examinations and tests.

(d) Autopsies.

844. Rock dust and gas hazards; controls.

845. Dust standards in presence of quartz.

846. Noise standards; promulgation of new standards; tests;

procedures; protective devices.

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

861. Mandatory safety standards for underground mines.

(a) Coverage; enforcement; review.

(b) Purpose; initiation of studies and research.

862. Roof support.

(a) Roof control plan; contents; review;

availability.

(b) Creation of dangers by roof falls.

(c) Location and supply of roof support material;

safety devices for roof work.

(d) Roof bolts.

(e) Recovery of roof bolts.

(f) Safety inspections; correction of dangerous

conditions.

863. Ventilation.

(a) Equipment; approval; daily examinations.

(b) Standards for air in work areas.

(c) Line brattice; functions; exceptions; repairs;

flame resistant material.

(d) Pre-shift examinations and tests; scope;

violations of mandatory standards;

notification; posting of "DANGER" signs;

restriction of entry; records; re-entry.

(e) Daily examinations and tests; scope; imminent

danger; withdrawal of persons; abatement of

danger.

(f) Weekly examination for hazardous conditions;

scope; notification; repairs; imminent danger;

withdrawal of persons; abatement; records.

(g) Weekly ventilation examinations; scope;

records.

(h) Methane examinations at working place; periodic

intervals; standards; procedures for different

air contents of methane.

(i) Methane examination of air returning from

working section; periodic intervals;

standards; procedures for different air

contents; virgin territory.

(j) Abandoned area air; pre-shift examination.

(k) Abandoned area air; inaccessible or unsafe for

inspection; air from where pillars have been

removed.

(l) Methane monitors; required equipment;

maintenance; warnings; deenergizing of

equipment.

(m) Idle area inspections; authorized inspectors.

(n) Intentional roof falls; prior inspections;

safeguards.

(o) Methane and dust control plans; contents.

(p) Devices for detection of methane and oxygen

deficiency; maintenance.

(q) Pillar recovery; areas without bleeder systems.

(r) Overcast and undercast intake air split

requirements; time extension.

(s) Blasting; prior and subsequent examinations for

methane.

(t) Mine fan stop plans; requisites.

(u) Modifications affecting main air current or any

split; withdrawal of personnel; removal of

power.

(v) Reading and countersigning of daily and weekly

reports; foreman; superintendent.

(w) Daily mine condition reports; requisites;

signatures.

(x) Reopening of abandoned or declared inactive

mine; notification; inspection.

(y) Separation of intake and return aircourses from

belt haulage entries; standards.

(z) Pillar extractions; bleeder systems and sealing

requirements; standards.

864. Combustible materials and rock dusting.

(a) Accumulations; maintenance.

(b) Abatement of hazards in active working areas.

(c) Rock dusting of all areas of underground mines;

exceptions.

(d) Distribution of rock dust; places, quantities.

(e) Limitation of applicability.

865. Electrical equipment.

(a) Allowable equipment; replacements; maintenance;

permits for noncompliance; renewals;

limitations; list of electric face equipment;

survey of new and rebuilt equipment;

publication of results.

(b) Notification of permits.

(c) Gassy mines; maintenance of equipment.

(d) Location of nonpermissible power connection

units.

(e) Mine map; contents; modifications.

(f) Repairs; deenergizing of equipment; authorized

personnel; locking out of disconnection

devices.

(g) Periodic examinations; maintenance; records;

accessibility.

(h) Electrical conductors.

(i) Electrical connections.

(j) Cables and wires; entry through metal frames.

(k) Support of power wires.

(l) Insulation of power wires; exceptions.

(m) Circuit breakers; overload protection for

three-phase motors.

(n) Disconnecting switches for main power circuits;

location and installation.

(o) Switches.

(p) Lightning arresters.

(q) Nonapproved devices.

(r) Deenergizing of electric face equipment.

866. Trailing cables.

(a) Requirements established for flame resistant

cables.

(b) Circuit breakers; markings and visual

observation of position of disconnection

devices.

(c) Distribution center junctions; safety

connections.

(d) Temporary splices; usable period; exceptions;

quality.

(e) Permanent splices; quality.

(f) Clamping of cables.

(g) Making and breaking of connections to junction

boxes.

867. Grounding of equipment.

(a) Metallic enclosed power conductors; metallic

frames and other equipment; methods.

(b) Frames of offtrack direct current machines;

enclosures of related detached components.

(c) Stationary high-voltage equipment powered by

underground delta systems.

(d) Repairs of high-voltage lines; exceptions.

(e) Deenergizing of underground power circuits on

idle days; exceptions.

868. Underground high-voltage distribution.

(a) Circuits entering underground areas of mines;

circuit breakers.

(b) Circuits extending underground and supplying

equipment; direct neutral grounds; ground

conductors for frames, exceptions; location of

disconnection devices, exceptions.

(c) Grounding resistors.

(d) Inclusion of fail safe ground check circuits in

resistance grounded systems; operative

functions; time extension.

(e) Underground cables used in resistance grounded

systems; metallic shields for power

conductors; standards; splices.

(f) Couplers for power circuits; guidelines for

construction.

(g) Connections of single-phase loads.

(h) Installation of underground transmission

cables.

(i) Disconnection devices; location; visual

observation of position of switch.

(j) Circuit breakers and disconnection devices;

markings.

(k) Splices in cables used as trailing cables;

terminations and splices in other cables.

(l) Grounding of frames of underground equipment.

(m) Moving of power centers, transformers, and

cables; deenergizing; exceptions; safety

guidelines; record of examinations.

869. Underground low- and medium-voltage alternating

current circuits.

(a) Circuits providing power for three-phase

equipment; circuit breakers.

(b) Circuits used underground; direct neutral

grounds; ground conductors for frames;

exceptions; grounding resistors.

(c) Inclusion of fail safe ground check circuits in

resistance ground systems; operative

functions; time extension; couplers for power

circuits; guidelines for construction.

(d) Disconnecting devices installed in conjunction

with circuit breakers; purpose; trailing

cables for mobile equipment; guidelines for

construction; time extension; splices.

(e) Connections of single phase loads.

(f) Circuit breakers; markings.

(g) Trailing cables for medium voltage circuits;

guidelines for construction.

870. Trolley wires and trolley feeder wires.

(a) Intervals for cutoff switches.

(b) Overcurrent protection devices.

(c) Location of wires.

(d) Adequate insulation and guard devices;

promulgation of safety guidelines.

871. Fire protection.

(a) Firefighting equipment; promulgation of minimum

requirements for equipment; existing

requirements; examinations after blasting.

(b) Underground storage areas for lubricating oils

and greases; construction; exceptions.

(c) Housing of underground structures, stations,

shops, and pumps; construction; ventilation.

(d) Use of arc or flame in underground mines;

fireproof enclosures; operations outside

fireproof enclosures; procedures; standards.

(e) Installation of fire suppression devices on

unattended underground equipment;

flame-resistant hydraulic fluids.

(f) Deluge-type water sprays at main and secondary

drives.

(g) Installation of slippage and sequence switches

on belt conveyors; fire suppression devices on

belt haulageways.

(h) Flame-resistant conveyor belt.

872. Maps.

(a) Fireproof repository; contents; certification.

(b) Availability for inspection; confidential

copies.

(c) Notification of mine closures; filing of

revised and supplemental map; certification.

873. Blasting and explosives.

(a) Limitations on storage and use of black powder

and mudcaps.

(b) Storage of explosives and detonators; mudcaps

in anthracite mines; restrictions; tests.

(c) Permissible explosives, detonators, and

devices; firing; stem boreholes;

nonpermissible explosives; compressed air

blasting.

(d) Container construction for carrying explosives

or detonators in underground mines.

(e) Transportation of explosives or detonators in

underground mines.

(f) Storage of explosives and detonators in working

sections of underground mines; containers;

locations.

(g) Location of explosive and detonator containers

in working places of underground mines.

874. Hoisting and mantrips.

(a) Transporting of persons; required equipment and

capabilities; safety catches; daily

examinations; operators.

(b) Promulgation of other safeguards.

(c) Rated capacities; indicator for position of

cage.

(d) Methods for signaling between shaft stations

and hoist rooms.

(e) Braking equipment for haulage cars used in

underground mines.

(f) Automatic couplers for haulage equipment.

875. Emergency shelters; construction; contents;

implementation plans.

876. Communication facilities; locations.

877. General safety provisions.

(a) Location of oil and gas wells; establishment

and maintenance of barriers; minimum

requisites; exceptions.

(b) Boreholes in advance of work face; distance in

advance of work face; distance between

boreholes.

(c) Prohibition against smoking; implementation

programs.

(d) Portable electric lamps; exceptions.

(e) Promulgation of lighting standards.

(f) Escapeways; ventilation; maintenance; tests of

passageways; protection of entrance;

connection between mine openings.

(g) Erection of fireproof structures; prior

existing structures; fire doors; monthly

tests; records; availability.

(h) Prevention of accumulations of coal dust and

methane gas; surface coal-handling facilities;

air-intake openings.

(i) Training programs.

(j) Electric face equipment; installation of

canopies.

(k) Mine entrances; sealing; prevention of entry by

unauthorized personnel.

(l) Facilities for changing and storing clothes;

toilet and bathing facilities.

(m) Emergency medical assistance preparations;

locations for medical equipment; filing of

implementation plans.

(n) Self-rescue device; training of personnel.

(o) Methods of eliminating oxygen deficiencies.

(p) Identification check system; records.

(q) Installation of devices to prevent and suppress

ignition on electric cutting face equipment.

(r) Tunnelling under water; permits; contents;

necessity; safety zones; restrictions.

(s) Drinking water.

(t) Standards for prevention of explosions from

nonmethane gases and for testing for

accumulations.

878. Definitions.

SUBCHAPTER IV - BLACK LUNG BENEFITS

PART A - GENERAL PROVISIONS

901. Congressional findings and declaration of purpose;

short title.

902. Definitions.

903. Field offices.

904. Repealed.

PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973

921. Regulations and presumptions.

(a) Promulgation; payment of benefits.

(b) Promulgation of standards determining total

disability.

(c) Presumptions.

(d) Applicability of presumptions.

922. Payment of benefits.

(a) Schedules.

(b) Reduction of benefits.

(c) Reporting of income.

923. Filing of notice of claim.

(a) Promulgation of regulations; time requirement.

(b) Utilization of personnel and procedures;

evidence required to establish claim; medical

evidence; affidavits; autopsy reports;

reimbursement of expenses.

(c) Filing of claim for workmen's compensation;

necessity; exceptions.

(d) Employment termination and benefits

entitlement.

924. Time for filing claims.

(a) Claims filed before December 31, 1973.

(b) Filing of claims after June 30, 1973.

(c) Effective date of claims.

(d) Reduction of State benefits.

(e) Conditions upon payment.

924a. Repealed.

925. Procedure for the determination of claims during

transition period.

PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973

931. Benefits under State workmen's compensation laws.

(a) Filing.

(b) Adequacy of compensation; listing of States

providing adequate compensation; requisites

for listing.

(c) Publication in the Federal Register; review of

listings.

932. Failure to meet workmen's compensation requirements.

(a) Benefits; applicability of Longshore and Harbor

Workers' Compensation Act; promulgation of

regulations.

(b) Liability of operators.

(c) Persons entitled to benefits.

(d) Monthly payments; amounts; accrual of interest.

(e) Conditions upon payment.

(f) Limitation on filing of claims.

(g) Reduction of monthly benefits.

(h) Promulgation of regulations.

(i) Subsequent operators' liability for benefit

payments.

(j) Failure of operators to secure benefits.

(k) Secretary as party in claim proceedings.

(l) Filing of new claims or refiling or

revalidation of claims of miners already

determined eligible at time of death.

932a. Appointment of qualified individuals to hear and

determine claims for benefits.

933. Duties of operators in States not qualifying under

workmen's compensation laws.

(a) Securing of benefits for miners; self-insurers;

mutual companies.

(b) Required provisions of insurance contracts.

(c) Cancellation of insurance contracts.

(d) Penalties for failure to secure payment of

benefits.

934. "Fund" defined; liability of operators to United

States for repayments to fund; procedures applicable;

rate of interest.

934a. Repealed.

935. Utilization of services of State and local agencies.

936. Regulations and reports.

(a) Promulgation; applicability of section 553 of

title 5.

(b) Annual reports to Congress.

(c) Compliance with State workmen's compensation

laws; conflicts between State and Federal

provisions.

937. Contracts and grants.

(a) Construction, purchase, and operation of

fixed-site and mobile clinical facilities.

(b) Research activities.

(c) Authorization of appropriations.

938. Miners suffering from pneumoconiosis; discrimination

prohibited.

(a) Mine operators.

(b) Determination by Secretary; procedure.

(c) Costs and penalties.

939. Authorization of appropriations.

940. Applicability of amendments to part B of this

subchapter to this part.

941. Penalty for false statements or representations.

942. Miner benefit entitlement reports; penalty for failure

or refusal to file.

943. Black lung insurance program.

(a) Authorization to establish and carry out.

(b) Non-availability of other insurance coverage.

(c) Agreements with coal mine operators;

reinsurance agreements.

(d) Terms and conditions of insurability.

(e) Premium schedule studies and investigations.

(f) Regulations relating to premium rates.

(g) Black Lung Compensation Insurance Fund.

(h) Omitted.

(i) Authorization of appropriations.

944. Statement of reasons for denial of claim.

945. Repealed.

SUBCHAPTER V - ADMINISTRATIVE PROVISIONS

951. Studies and research.

(a) Appropriate projects.

(b) Responsibility for carrying out prescribed

activities.

(c) Contracting with and grants to public and

private agencies; availability of information;

exceptions.

(d) Prevention of diseases affecting persons

working with mine products.

(e) Authorization of appropriations.

(f) Exceptions to mandatory health and safety

standards for improving techniques and

equipment.

(g) Grants for research and development of

respiratory equipment.

951a. Health, Safety, and Mining Technology Research

Program.

(a) Health, Safety, and Mining Technology Research

Plan.

(b) Technical amendment.

952. Training and education.

(a) Programs for operators, agents, and miners.

(b) Technical assistance to operators.

(c) National Mine Health and Safety Academy.

953. Assistance to States.

(a) Development and enforcement of health and

safety regulations; improvement of workmen's

compensation and occupational disease laws;

promotion of Federal-State coordination in

mine safety.

(b) Application for grants; contents.

(c) Approval by Secretary; notice and hearing.

(d) Review by Court of Appeals; conclusiveness of

findings of Secretary; filing of petition.

(e) Programs to train State inspectors.

(f) Cooperation in implementation of programs;

exchange of reports between States.

(g) Limitation on grants.

(h) Authorization of appropriations.

954. Appointment of administrative personnel and

inspectors; qualifications; training programs.

955. State laws.

956. Applicability of administrative procedure provisions.

957. Promulgation of regulations.

958. Annual reports to Congress; contents.

959. Study of coordination of Federal and State activities;

report.

960. Limitation on issuance of temporary restraining order

or preliminary injunction.

961. Functions transferred under 1977 amendments.

(a) Transfer of functions to Secretary of Labor.

(b) Existing mandatory standards; review by

advisory committee; recommendations.

(c) Unexpended appropriations; personnel; property;

records; obligations; commitments; savings

provisions; pending proceedings and suits.

(d) "Function" defined.

(e) Determinations by Director of Office of

Management and Budget.

962. Acceptance of contributions and prosecution of

projects; cooperative programs to promote health and

safety education and training; use of funds for costs

of mine rescue and survival operations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 961, 1211, 1266, 1292 of

this title; title 29 section 557a; title 31 section 1105.

-End-

-CITE-

30 USC Sec. 801 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-

Sec. 801. Congressional findings and declaration of purpose

-STATUTE-

Congress declares that -

(a) the first priority and concern of all in the coal or other

mining industry must be the health and safety of its most

precious resource - the miner;

(b) deaths and serious injuries from unsafe and unhealthful

conditions and practices in the coal or other mines cause grief

and suffering to the miners and to their families;

(c) there is an urgent need to provide more effective means and

measures for improving the working conditions and practices in

the Nation's coal or other mines in order to prevent death and

serious physical harm, and in order to prevent occupational

diseases originating in such mines;

(d) the existence of unsafe and unhealthful conditions and

practices in the Nation's coal or other mines is a serious

impediment to the future growth of the coal or other mining

industry and cannot be tolerated;

(e) the operators of such mines with the assistance of the

miners have the primary responsibility to prevent the existence

of such conditions and practices in such mines;

(f) the disruption of production and the loss of income to

operators and miners as a result of coal or other mine accidents

or occupationally caused diseases unduly impedes and burdens

commerce; and

(g) it is the purpose of this chapter (1) to establish interim

mandatory health and safety standards and to direct the Secretary

of Health and Human Services and the Secretary of Labor to

develop and promulgate improved mandatory health or safety

standards to protect the health and safety of the Nation's coal

or other miners; (2) to require that each operator of a coal or

other mine and every miner in such mine comply with such

standards; (3) to cooperate with, and provide assistance to, the

States in the development and enforcement of effective State coal

or other mine health and safety programs; and (4) to improve and

expand, in cooperation with the States and the coal or other

mining industry, research and development and training programs

aimed at preventing coal or other mine accidents and

occupationally caused diseases in the industry.

-SOURCE-

(Pub. L. 91-173, Sec. 2, Dec. 30, 1969, 83 Stat. 742; Pub. L.

95-164, title I, Sec. 102(a), Nov. 9, 1977, 91 Stat. 1290; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (g), was in the original "this

Act", meaning Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as

amended, known as the Federal Coal Mine Health and Safety Act of

1969 which was redesignated the Federal Mine Safety and Health Act

of 1977 by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91

Stat. 1290. The Federal Mine Safety and Health Act of 1977 enacted

this chapter, amended sections 633 and 636 of Title 15, Commerce

and Trade, repealed sections 451 to 460 and 471 to 483 of this

title, and enacted provisions set out as notes under this section

and section 636 of Title 15. For complete classification of this

Act to the Code, see Short Title note set out below and Tables.

-MISC1-

AMENDMENTS

1977 - Pars. (a) to (d), (f). Pub. L. 95-164, Sec. 102(a)(1),

inserted "or other" after "coal" wherever appearing.

Par. (g). Pub. L. 95-164, Sec. 102(a)(1), (2), inserted "or

other" after "coal" wherever appearing and substituted "Secretary

of Labor" for "Secretary of the Interior".

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in par. (g) pursuant

to section 509(b) of Pub. L. 96-88 which is classified to section

3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Section 307 of Pub. L. 95-164 provided that: "Except as otherwise

provided, this Act and the amendments made by this Act [see Short

Title of 1977 Amendment note below] shall take effect 120 days

after the date of enactment of this Act [Nov. 9, 1977]. The

Secretary of Labor and the Secretary of the Interior are authorized

to establish such rules and regulations as may be necessary for the

efficient transfer of functions provided under this Act. The

amendment to the Federal Coal Mine Health and Safety Act of 1969

made by section 202 of this Act [amending section 842(e) of this

title and repealing subsec. (k) of section 878 of this title] shall

be effective on the date of enactment [Nov. 9, 1977]."

EFFECTIVE DATE

Section 509 of Pub. L. 91-173 provided that: "Except to the

extent an earlier date is specifically provided in this Act [see

Short Title note below], the provisions of titles I and III of this

Act [subchapters I and III of this chapter] shall become operative

ninety days after the date of enactment of this Act [Dec. 30,

1969], and the provisions of title II of this Act [subchapter II of

this chapter] shall become operative six months after the date of

enactment of this Act. The provisions of the Federal Coal Mine

Safety Act, as amended [section 451 et seq. of this title], are

repealed on the operative date of titles I and III of this Act

except that such provisions shall continue to apply to any order,

notice, decision, or finding issued under that Act prior to such

operative date and to any proceedings related to such order,

notice, decision or findings. All other provisions of this Act,

shall be effective on the date of enactment of this Act [Dec. 30,

1969]."

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-275, Sec. 1, Nov. 2, 2002, 116 Stat. 1925, provided

that: "This Act [amending sections 902, 921 to 924, 925, 932a, and

936 of this title, repealing sections 904, 924a, and 945 of this

title, and enacting provisions set out as notes under sections 902

and 921 of this title] may be cited as the 'Black Lung

Consolidation of Administrative Responsibility Act'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-119, title II, Sec. 201(a), Dec. 29, 1981, 95 Stat.

1643, provided that: "This title [amending sections 901, 902, 921

to 923, 932, and 940 of this title and enacting provisions set out

as notes under section 901 of this title] may be cited as the

'Black Lung Benefits Amendments of 1981'."

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-239, Sec. 1, Mar. 1, 1978, 92 Stat. 95, provided that:

"This Act [enacting sections 903, 904, 924a, and 942 to 945 of this

title, amending sections 901, 902, 921 to 924, 931, 932, 933, 937,

940, and 941 of this title, and enacting provisions set out as

notes under sections 901, 932a, and 934a of this title, section

4121 of Title 26, Internal Revenue Code, and section 675 of Title

29, Labor] may be cited as the 'Black Lung Benefits Reform Act of

1977'."

SHORT TITLE OF 1977 AMENDMENT

Section 1 of Pub. L. 95-164 provided: "That this Act [enacting

sections 822 to 825 and 961 of this title and section 557a of Title

29, Labor, amending this section, sections 802 to 804, 811 to 821,

842, 861, 878, 951 to 955, 958, and 959 of this title, and sections

5314 and 5315 of Title 5, Government Organization and Employees,

repealing sections 721 to 740 of this title and section 1456a of

Title 43, Public Lands, and enacting provisions set out as notes

under this section, section 954 of this title and section 11 of

former Title 31, Money and Finance] may be cited as the 'Federal

Mine Safety and Health Amendments Act of 1977'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-303, Sec. 1(a), May 19, 1972, 86 Stat. 150, provided:

"That this Act [enacting sections 925 and 937 to 941 of this title,

amending sections 901, 902, 921 to 924, 931, 932, 933, 934, and 936

of this title, and enacting provisions set out as notes under

sections 921 to 923 of this title] may be cited as the 'Black Lung

Benefits Act of 1972'."

SHORT TITLE

Section 1 of Pub. L. 91-173, as amended by Pub. L. 95-164, title

I, Sec. 101, Nov. 9, 1977, 91 Stat. 1290, provided: "That this Act

[which was known as the Federal Coal Mine Health and Safety Act of

1969 prior to the amendment by Pub. L. 95-164 and which enacted

this chapter, amended sections 633 and 636 of Title 15, Commerce

and Trade, repealed sections 451 to 460 and 471 to 483 of this

title, and enacted provisions set out as notes under this section

and section 636 of Title 15] may be cited as the 'Federal Mine

Safety and Health Act of 1977'."

For short title of subchapter IV of this chapter as the "Black

Lung Benefits Act", see section 901(b) of this title.

SEPARABILITY

Section 510 of Pub. L. 91-173 provided that: "If any provision of

this Act [see Short Title note set out above], or the application

of such provision to any person or circumstance shall be held

invalid, the remainder of this Act, or the application of such

provision to persons or circumstances other than those as to which

it is held invalid, shall not be affected thereby."

-End-

-CITE-

30 USC Sec. 802 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-

Sec. 802. Definitions

-STATUTE-

For the purpose of this chapter, the term -

(a) "Secretary" means the Secretary of Labor or his delegate;

(b) "commerce" means trade, traffic, commerce, transportation,

or communication among the several States, or between a place in

a State and any place outside thereof, or within the District of

Columbia or a possession of the United States, or between points

in the same State but through a point outside thereof;

(c) "State" includes a State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, Guam, and the Trust Territory of the Pacific

Islands;

(d) "operator" means any owner, lessee, or other person who

operates, controls, or supervises a coal or other mine or any

independent contractor performing services or construction at

such mine;

(e) "agent" means any person charged with responsibility for

the operation of all or a part of a coal or other mine or the

supervision of the miners in a coal or other mine;

(f) "person" means any individual, partnership, association,

corporation, firm, subsidiary of a corporation, or other

organization;

(g) "miner" means any individual working in a coal or other

mine;

(h)(1) "coal or other mine" means (A) an area of land from

which minerals are extracted in nonliquid form or, if in liquid

form, are extracted with workers underground, (B) private ways

and roads appurtenant to such area, and (C) lands, excavations,

underground passageways, shafts, slopes, tunnels and workings,

structures, facilities, equipment, machines, tools, or other

property including impoundments, retention dams, and tailings

ponds, on the surface or underground, used in, or to be used in,

or resulting from, the work of extracting such minerals from

their natural deposits in nonliquid form, or if in liquid form,

with workers underground, or used in, or to be used in, the

milling of such minerals, or the work of preparing coal or other

minerals, and includes custom coal preparation facilities. In

making a determination of what constitutes mineral milling for

purposes of this chapter, the Secretary shall give due

consideration to the convenience of administration resulting from

the delegation to one Assistant Secretary of all authority with

respect to the health and safety of miners employed at one

physical establishment;

(2) For purposes of subchapters II, III, and IV of this

chapter, "coal mine" means an area of land and all structures,

facilities, machinery, tools, equipment, shafts, slopes, tunnels,

excavations, and other property, real or personal, placed upon,

under, or above the surface of such land by any person, used in,

or to be used in, or resulting from, the work of extracting in

such area bituminous coal, lignite, or anthracite from its

natural deposits in the earth by any means or method, and the

work of preparing the coal so extracted, and includes custom coal

preparation facilities;

(i) "work of preparing the coal" means the breaking, crushing,

sizing, cleaning, washing, drying, mixing, storing, and loading

of bituminous coal, lignite, or anthracite, and such other work

of preparing such coal as is usually done by the operator of the

coal mine;

(j) "imminent danger" means the existence of any condition or

practice in a coal or other mine which could reasonably be

expected to cause death or serious physical harm before such

condition or practice can be abated;

(k) "accident" includes a mine explosion, mine ignition, mine

fire, or mine inundation, or injury to, or death of, any person;

(l) "mandatory health or safety standard" means the interim

mandatory health or safety standards established by subchapters

II and III of this chapter, and the standards promulgated

pursuant to subchapter I of this chapter;

(m) "Panel" means the Interim Compliance Panel established by

this chapter; and

(n) "Administration" means the Mine Safety and Health

Administration in the Department of Labor.

(o) "Commission" means the Federal Mine Safety and Health

Review Commission.

-SOURCE-

(Pub. L. 91-173, Sec. 3, Dec. 30, 1969, 83 Stat. 743; Pub. L.

95-164, title I, Sec. 102(b), Nov. 9, 1977, 91 Stat. 1290.)

-MISC1-

AMENDMENTS

1977 - Par. (a). Pub. L. 95-164, Sec. 102(b)(1), substituted

"Secretary of Labor" for "Secretary of the Interior".

Par. (d). Pub. L. 95-164, Sec. 102(b)(2), (4), substituted

"supervises a coal or other mine or any independent contractor

performing services or construction at such mine" for "supervises a

coal mine".

Pars. (e), (g). Pub. L. 95-164, Sec. 102(b)(4), inserted "or

other" after "coal" wherever appearing.

Par. (h). Pub. L. 95-164, Sec. 102(b)(3), added subpar. (1),

designated existing provisions as subpar. (2), and inserted "For

purposes of subchapters II, III, and IV of this chapter," after

"(2)".

Par. (j). Pub. L. 95-164, Sec. 102(b)(4), inserted "or other"

after "coal".

Pars. (n), (o). Pub. L. 95-164, Sec. 102(b)(5), added pars. (n)

and (o).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

30 USC Sec. 803 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-

Sec. 803. Mines subject to coverage

-STATUTE-

Each coal or other mine, the products of which enter commerce, or

the operations or products of which affect commerce, and each

operator of such mine, and every miner in such mine shall be

subject to the provisions of this chapter.

-SOURCE-

(Pub. L. 91-173, Sec. 4, Dec. 30, 1969, 83 Stat. 744; Pub. L.

95-164, title I, Sec. 102(c), Nov. 9, 1977, 91 Stat. 1291.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-164 inserted "or other" after "coal".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-End-

-CITE-

30 USC Sec. 804 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

-HEAD-

Sec. 804. Interim Compliance Panel

-STATUTE-

(a) Establishment; composition

There is hereby established the Interim Compliance Panel, which

shall be composed of five members as follows:

(1) Assistant Secretary of Labor for Labor Standards,

Department of Labor, or his delegate;

(2) Director of the National Institute of Standards and

Technology, Department of Commerce, or his delegate;

(3) Administrator of Consumer Protection and Environmental

Health Service, Department of Health and Human Services, or his

delegate;

(4) Director of the United States Bureau of Mines, Department

of the Interior, or his delegate; and

(5) Director of the National Science Foundation, or his

delegate.

(b) Compensation; travel and subsistence expenses

Members of the Panel shall serve without compensation in addition

to that received in their regular employment, but shall be entitled

to reimbursement for travel, subsistence, and other necessary

expenses incurred by them in the performance of duties vested in

the Panel.

(c) Cooperation of Federal agencies

Notwithstanding any other provision of law, the Secretary of

Health and Human Services, the Secretary of Commerce, the Secretary

of the Interior, and the Secretary shall, upon request of the

Panel, provide the Panel such personnel and other assistance as the

Panel determines necessary to enable it to carry out its functions

under this chapter.

(d) Quorum; voting; selection of chairman

Three members of the Panel shall constitute a quorum for doing

business. All decisions of the Panel shall be by majority vote. The

chairman of the Panel shall be selected by the members from among

the membership thereof.

(e) Appointment of administrative law judges; provisions applicable

The Panel is authorized to appoint as many administrative law

judges as are necessary for proceedings required to be conducted in

accordance with the provisions of this chapter. The provisions

applicable to administrative law judges appointed under section

3105 of title 5 shall be applicable to administrative law judges

appointed pursuant to this subsection.

(f) Functions; hearings; notice and review; termination; annual

report

(1) It shall be the function of the Panel to carry out the duties

imposed on it pursuant to this chapter and to provide an

opportunity for a public hearing, after notice, at the request of

an operator of the affected coal mine or the representative of the

miners of such mine. Any operator or representative of miners

aggrieved by a final decision of the Panel may file a petition for

review of such decision under section 816 of this title. The

provisions of this section shall terminate upon completion of the

Panel's functions as set forth under this chapter. Any hearing held

pursuant to this subsection shall be of record and the Panel shall

make findings of fact and shall issue a written decision

incorporating its findings therein in accordance with section 554

of title 5.

(2) The Panel shall make an annual report, in writing, to the

Secretary for transmittal by him to the Congress concerning the

achievement of its purposes, and any other relevant information

(including any recommendations) which it deems appropriate.

-SOURCE-

(Pub. L. 91-173, Sec. 5, Dec. 30, 1969, 83 Stat. 744; Pub. L.

95-164, title I, Sec. 102(d), Nov. 9, 1977, 91 Stat. 1291; Pub. L.

95-251, Sec. 2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-418,

title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.

102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(2). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "Bureau of Standards".

1978 - Subsec. (e). Pub. L. 95-251 substituted "administrative

law judges" for "hearing examiners" wherever appearing.

1977 - Subsec. (c). Pub. L. 95-164 substituted "Secretary of the

Interior" for "Secretary of Labor".

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (a)(4) pursuant to section 10(b) of Pub. L. 102-285, set

out as a note under section 1 of this title.

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a) and

"Secretary of Health and Human Services" substituted for "Secretary

of Health, Education, and Welfare" in subsec. (c) pursuant to

section 509(b) of Pub. L. 96-88 which is classified to section

3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f)(2) of this section relating to transmitting annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 114 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 865 of this title.

-End-

-CITE-

30 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 802, 841, 861, 938 of

this title.

-End-

-CITE-

30 USC Sec. 811 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 811. Mandatory safety and health standards

-STATUTE-

(a) Development, promulgation, and revision

The Secretary shall by rule in accordance with procedures set

forth in this section and in accordance with section 553 of title 5

(without regard to any reference in such section to sections 556

and 557 of such title), develop, promulgate, and revise as may be

appropriate, improved mandatory health or safety standards for the

protection of life and prevention of injuries in coal or other

mines.

(1) Whenever the Secretary, upon the basis of information

submitted to him in writing by an interested person, a

representative of any organization of employers or employees, a

nationally recognized standards-producing organization, the

Secretary of Health and Human Services, the National Institute for

Occupational Safety and Health, or a State or political

subdivision, or on the basis of information developed by the

Secretary or otherwise available to him, determines that a rule

should be promulgated in order to serve the objectives of this

chapter, the Secretary may request the recommendation of an

advisory committee appointed under section 812(c) of this title.

The Secretary shall provide such an advisory committee with any

proposals of his own or of the Secretary of Health and Human

Services, together with all pertinent factual information developed

by the Secretary or the Secretary of Health and Human Services, or

otherwise available, including the results of research,

demonstrations, and experiments. An advisory committee shall submit

to the Secretary its recommendations regarding the rule to be

promulgated within 60 days from the date of its appointment or

within such longer or shorter period as may be prescribed by the

Secretary, but in no event for a period which is longer than 180

days. When the Secretary receives a recommendation, accompanied by

appropriate criteria, from the National Institute for Occupational

Safety and Health that a rule be promulgated, modified, or revoked,

the Secretary must, within 60 days after receipt thereof, refer

such recommendation to an advisory committee pursuant to this

paragraph, or publish such as a proposed rule pursuant to paragraph

(2), or publish in the Federal Register his determination not to do

so, and his reasons therefor. The Secretary shall be required to

request the recommendations of an advisory committee appointed

under section 812(c) of this title if the rule to be promulgated

is, in the discretion of the Secretary which shall be final, new in

effect or application and has significant economic impact.

(2) The Secretary shall publish a proposed rule promulgating,

modifying, or revoking a mandatory health or safety standard in the

Federal Register. If the Secretary determines that a rule should be

proposed and in connection therewith has appointed an advisory

committee as provided by paragraph (1), the Secretary shall publish

a proposed rule, or the reasons for his determination not to

publish such rule, within 60 days following the submission of the

advisory committee's recommendation or the expiration of the period

of time prescribed by the Secretary in such submission. In either

event, the Secretary shall afford interested persons a period of 30

days after any such publication to submit written data or comments

on the proposed rule. Such comment period may be extended by the

Secretary upon a finding of good cause, which the Secretary shall

publish in the Federal Register. Publication shall include the text

of such rules proposed in their entirety, a comparative text of the

proposed changes in existing rules, and shall include a

comprehensive index to the rules, cross-referenced by subject

matter.

(3) On or before the last day of the period provided for the

submission of written data or comments under paragraph (2), any

interested person may file with the Secretary written objections to

the proposed mandatory health or safety standard, stating the

grounds therefor and requesting a public hearing on such

objections. Within 60 days after the last day for filing such

objections, the Secretary shall publish in the Federal Register a

notice specifying the mandatory health or safety standard to which

objections have been filed and a hearing requested, and specifying

a time and place for such hearing. Any hearing under this

subsection for the purpose of hearing relevant information shall

commence within 60 days after the date of publication of the notice

of hearing. Hearings required by this subsection shall be conducted

by the Secretary, who may prescribe rules and make rulings

concerning procedures in such hearings to avoid unnecessary cost or

delay. Subject to the need to avoid undue delay, the Secretary

shall provide for procedures that will afford interested parties

the right to participate in the hearing, including the right to

present oral statements and to offer written comments and data. The

Secretary may require by subpoena the attendance of witnesses and

the production of evidence in connection with any proceeding

initiated under this section. If a person refuses to obey a

subpoena under this subsection, a United States district court

within the jurisdiction of which a proceeding under this subsection

is conducted may, upon petition by the Secretary, issue an order

requiring compliance with such subpoena. A transcript shall be

taken of any such hearing and shall be available to the public.

(4)(A) Within 90 days after certification of the record of the

hearing held pursuant to paragraph (3), the Secretary shall by rule

promulgate, modify, or revoke such mandatory health or safety

standards, and publish his reasons therefor.

(B) In the case of a proposed mandatory health or safety standard

to which objections requesting a public hearing have not been

filed, the Secretary, within 90 days after the period for filing

such objections has expired, shall by rule promulgate, modify, or

revoke such mandatory standards, and publish his reasons therefor.

(C) In the event the Secretary determines that a proposed

mandatory health or safety standard should not be promulgated he

shall, within the times specified in subparagraphs (A) and (B)

publish his reasons for his determination.

(5) Any mandatory health or safety standard promulgated as a

final rule under this section shall be effective upon publication

in the Federal Register unless the Secretary specifies a later

date.

(6)(A) The Secretary, in promulgating mandatory standards dealing

with toxic materials or harmful physical agents under this

subsection, shall set standards which most adequately assure on the

basis of the best available evidence that no miner will suffer

material impairment of health or functional capacity even if such

miner has regular exposure to the hazards dealt with by such

standard for the period of his working life. Development of

mandatory standards under this subsection shall be based upon

research, demonstrations, experiments, and such other information

as may be appropriate. In addition to the attainment of the highest

degree of health and safety protection for the miner, other

considerations shall be the latest available scientific data in the

field, the feasibility of the standards, and experience gained

under this and other health and safety laws. Whenever practicable,

the mandatory health or safety standard promulgated shall be

expressed in terms of objective criteria and of the performance

desired.

(B) The Secretary of Health and Human Services, as soon as

possible after November 9, 1977, but in no event later than 18

months after such date and on a continuing basis thereafter, shall,

for each toxic material or harmful physical agent which is used or

found in a mine, determine whether such material or agent is

potentially toxic at the concentrations in which it is used or

found in a mine. The Secretary of Health and Human Services shall

submit such determinations with respect to such toxic substances or

harmful physical agents to the Secretary. Thereafter, the Secretary

of Health and Human Services shall submit to the Secretary all

pertinent criteria regarding any such substances determined to be

toxic or any such harmful agents as such criteria are developed.

Within 60 days after receiving any criteria in accordance with the

preceding sentence relating to a toxic material or harmful physical

agent which is not adequately covered by a mandatory health or

safety standard promulgated under this section, the Secretary shall

either appoint an advisory committee to make recommendations with

respect to a mandatory health or safety standard covering such

material or agent in accordance with paragraph (1), or publish a

proposed rule promulgating such a mandatory health or safety

standard in accordance with paragraph (2), or shall publish his

determination not to do so.

(7) Any mandatory health or safety standard promulgated under

this subsection shall prescribe the use of labels or other

appropriate forms of warning as are necessary to insure that miners

are apprised of all hazards to which they are exposed, relevant

symptoms and appropriate emergency treatment, and proper conditions

and precautions of safe use or exposure. Where appropriate, such

mandatory standard shall also prescribe suitable protective

equipment and control or technological procedures to be used in

connection with such hazards and shall provide for monitoring or

measuring miner exposure at such locations and intervals, and in

such manner so as to assure the maximum protection of miners. In

addition, where appropriate, any such mandatory standard shall

prescribe the type and frequency of medical examinations or other

tests which shall be made available, by the operator at his cost,

to miners exposed to such hazards in order to most effectively

determine whether the health of such miners is adversely affected

by such exposure. Where appropriate, the mandatory standard shall

provide that where a determination is made that a miner may suffer

material impairment of health or functional capacity by reason of

exposure to the hazard covered by such mandatory standard, that

miner shall be removed from such exposure and reassigned. Any miner

transferred as a result of such exposure shall continue to receive

compensation for such work at no less than the regular rate of pay

for miners in the classification such miner held immediately prior

to his transfer. In the event of the transfer of a miner pursuant

to the preceding sentence, increases in wages of the transferred

miner shall be based upon the new work classification. In the event

such medical examinations are in the nature of research, as

determined by the Secretary of Health and Human Services, such

examinations may be furnished at the expense of the Secretary of

Health and Human Services. The results of examinations or tests

made pursuant to the preceding sentence shall be furnished only to

the Secretary or the Secretary of Health and Human Services, and,

at the request of the miner, to his designated physician.

(8) The Secretary shall, to the extent practicable, promulgate

separate mandatory health or safety standards applicable to mine

construction activity on the surface.

(9) No mandatory health or safety standard promulgated under this

subchapter shall reduce the protection afforded miners by an

existing mandatory health or safety standard.

(b) Emergency temporary mandatory standards

(1) The Secretary shall provide, without regard to the

requirements of chapter 5 of title 5 for an emergency temporary

mandatory health or safety standard to take immediate effect upon

publication in the Federal Register if he determines (A) that

miners are exposed to grave danger from exposure to substances or

agents determined to be toxic or physically harmful, or to other

hazards, and (B) that such emergency standard is necessary to

protect miners from such danger.

(2) A temporary mandatory health or safety standard shall be

effective until superseded by a mandatory standard promulgated in

accordance with the procedures prescribed in paragraph (3) of this

subsection.

(3) Upon publication of such standard in the Federal Register,

the Secretary shall commence a proceeding in accordance with

subsection (a) of this section, and the standards as published

shall also serve as a proposed rule for the proceeding. The

Secretary shall promulgate a mandatory health or safety standard

under this paragraph no later than nine months after publication of

the emergency temporary standard as provided in paragraph (2).

(c) Modification of standards

Upon petition by the operator or the representative of miners,

the Secretary may modify the application of any mandatory safety

standard to a coal or other mine if the Secretary determines that

an alternative method of achieving the result of such standard

exists which will at all times guarantee no less than the same

measure of protection afforded the miners of such mine by such

standard, or that the application of such standard to such mine

will result in a diminution of safety to the miners in such mine.

Upon receipt of such petition the Secretary shall publish notice

thereof and give notice to the operator or the representative of

miners in the affected mine, as appropriate, and shall cause such

investigation to be made as he deems appropriate. Such

investigation shall provide an opportunity for a public hearing at

the request of such operator or representative or other interested

party, to enable the operator or the representative of miners in

such mine or other interested party to present information relating

to the modification of such standard. Before granting any exception

to a mandatory safety standard, the findings of the Secretary or

his authorized representative shall be made public and shall be

available to the representative of the miners at the affected mine.

The Secretary shall issue a decision incorporating his findings of

fact therein, and send a copy thereof to the operator or the

representative of the miners, as appropriate. Any such hearing

shall be of record and shall be subject to section 554 of title 5.

(d) Judicial review

Any person who may be adversely affected by a mandatory health or

safety standard promulgated under this section may, at any time

prior to the sixtieth day after such standard is promulgated, file

a petition challenging the validity of such mandatory standard with

the United States Court of Appeals for the District of Columbia

Circuit or the circuit wherein such person resides or has his

principal place of business, for a judicial review of such

standard. A copy of the petition shall be forthwith transmitted by

the clerk of the court to the Secretary. The filing of such

petition shall not, unless otherwise ordered by the court, operate

as a stay of the standard. No objection that has not been urged

before the Secretary shall be considered by the court, unless the

failure or neglect to urge such objection shall be excused for good

cause shown. The validity of any mandatory health or safety

standard shall not be subject to challenge on the grounds that any

of the time limitations in this section have been exceeded. The

procedures of this subsection shall be the exclusive means of

challenging the validity of a mandatory health or safety standard.

(e) Distribution of copies of proposed standards or regulations

The Secretary shall send a copy of every proposed mandatory

health or safety standard or regulation at the time of publication

in the Federal Register to the operator of each coal or other mine

and the representative of the miners at such mine and such copy

shall be immediately posted on the bulletin board of the mine by

the operator or his agent, but failure to receive such notice shall

not relieve anyone of the obligation to comply with such standard

or regulation.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 101, Dec. 30, 1969, 83 Stat. 745;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1291;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-164 substituted provisions

revising and setting out in detail the procedures to be followed by

the Secretary of Labor in developing, promulgating, and revising

mandatory health and safety standards covering coal and other mines

for provisions which had charged the Secretary of the Interior with

the responsibility of developing standards for the protection of

life and the prevention of injuries in coal mines.

Subsec. (b). Pub. L. 95-164 substituted provisions relating to

emergency temporary mandatory standards for provisions requiring

that improved standards not reduce the previously existing level of

health and safety in coal mines.

Subsec. (c). Pub. L. 95-164 substituted provisions relating to

the modification of standards for provisions covering the

consultative and research steps in the promulgation of safety

standards.

Subsec. (d). Pub. L. 95-164 substituted provisions relating to

judicial review of standards for provisions covering the

consultative and research steps in the promulgation of health

standards.

Subsec. (e). Pub. L. 95-164 redesignated subsec. (k) as (e) and

substituted "proposed mandatory health or safety standard or

regulation" for "proposed standard or regulation" and "coal or

other mine" for "coal mine".

Subsecs. (f) to (j). Pub. L. 95-164 struck out subsecs. (f) to

(j) which had related to the submission of objections to proposed

standards, hearings, the effective date of standards, mandatory

standards for surface coal mines, and the publication of

pre-existing consistent regulations in the Federal Register and the

continuing effectiveness of those regulations until modified or

superseded, and incorporated those provisions, as altered to apply

to coal and other mines and as otherwise revised, into subsec. (a).

Subsec. (k). Pub. L. 95-164 redesignated subsec. (k) as (e).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)(1),

(6)(B), and (7) pursuant to section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

EFFECTIVE DATE

Subchapter operative 90 days after Dec. 30, 1969, except to the

extent an earlier date is specifically provided for in Pub. L.

91-173, see section 509 of Pub. L. 91-173, set out as a note under

section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 813, 815, 841, 842, 846,

861 of this title.

-End-

-CITE-

30 USC Sec. 812 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 812. Advisory committees

-STATUTE-

(a) Committee on coal or other mine safety research; establishment;

membership; chairman; functions; conflicts of interest

(1) The Secretary of the Interior shall appoint an advisory

committee on coal or other mine safety research composed of -

(A) the Director of the Office of Science and Technology or his

delegate, with the consent of the Director;

(B) the Director of the National Institute of Standards and

Technology, Department of Commerce, or his delegate, with the

consent of the Director;

(C) the Director of the National Science Foundation, or his

delegate, with the consent of the Director; and

(D) such other persons as the Secretary of the Interior may

appoint who are knowledgeable in the field of coal or other mine

safety research.

The Secretary of the Interior shall designate the chairman of the

committee.

(2) The advisory committee shall consult with, and make

recommendations to, the Secretary of the Interior on matters

involving or relating to coal or other mine safety research. The

Secretary of the Interior shall consult with, and consider the

recommendations of, such committee in the conduct of such research,

the making of any grants, and the entering into of contracts for

such research.

(3) The chairman of the committee and a majority of the persons

appointed by the Secretary of the Interior pursuant to paragraph

(1)(D) shall be individuals who have no economic interests in the

coal or other mining industry, and who are not operators, miners,

or officers or employees of the Federal Government or any State or

local government.

(b) Committee on coal or other mine health research; establishment;

membership; chairman; functions; conflicts of interest

(1) The Secretary of Health and Human Services shall appoint an

advisory committee on coal or other mine health research composed

of -

(A) the Director, United States Bureau of Mines, or his

delegate, with the consent of the Director;

(B) the Director of the National Science Foundation, or his

delegate, with the consent of the Director;

(C) the Director of the National Institutes of Health, or his

delegate, with the consent of the Director; and

(D) such other persons as the Secretary of Health and Human

Services may appoint who are knowledgeable in the field of coal

or other mine health research.

The Secretary of Health and Human Services shall designate the

chairman of the committee.

(2) The advisory committee shall consult with, and make

recommendations to, the Secretary of Health and Human Services on

matters involving or relating to coal or other mine health

research. The Secretary of Health and Human Services shall consult

with, and consider the recommendations of, such committee in the

conduct of such research, the making of any grants, and the

entering into of contracts for such research.

(3) The chairman of the committee and a majority of the persons

appointed by the Secretary of Health and Human Services pursuant to

paragraph (1)(D) shall be individuals who have no economic

interests in the coal or other mining industry, and who are not

operators, miners, or officers or employees of the Federal

Government or any State or local government.

(c) Additional advisory committees; chairman; conflicts of interest

The Secretary or the Secretary of Health and Human Services may

appoint other advisory committees as he deems appropriate to advise

him in carrying out the provisions of this chapter. The Secretary

or the Secretary of Health and Human Services, as the case may be,

shall appoint the chairman of each such committee. A majority of

the members (including the chairman) of any such advisory committee

appointed pursuant to this subsection shall be composed of

individuals who have no economic interests in the coal or other

mining industry, and who are not operators, miners, or officers or

employees of the Federal Government or any State or local

government.

(d) Compensation; travel and subsistence expenses

Advisory committee members, other than officers or employees of

Federal, State, or local governments, shall be, for each day

(including traveltime) during which they are performing committee

business, entitled to receive compensation at a rate fixed by the

appropriate Secretary but not in excess of the maximum rate of pay

for grade GS-18 as provided in the General Schedule under section

5332 of title 5, and shall, notwithstanding the limitations of

sections 5703 and 5704 of title 5, be fully reimbursed for travel,

subsistence, and related expenses.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 102, Dec. 30, 1969, 83 Stat. 747;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1295;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.

1433; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(1)(B). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

1977 - Subsec. (a). Pub. L. 95-164 expanded the area of coverage

for the committee on mine safety research from "coal mines" to

"coal or other mines".

Subsec. (b). Pub. L. 95-164 expanded the area of coverage for the

advisory committee on mine health research from "coal mines" to

"coal or other mines".

Subsec. (c). Pub. L. 95-164 struck out ", who shall be an

individual who has no economic interest in the coal mining

industry, and who is not an operator, miner, or an officer or

employee of the Federal Government or any State or local

government" after "chairman of each such committee" and inserted

"(including the chairman)" after "A majority of the members".

Subsec. (d). Pub. L. 95-164 reenacted subsec. (d) without change.

-CHANGE-

CHANGE OF NAME

"United States Bureau of Mines" substituted for "Bureau of Mines"

in subsec. (b)(1)(A) pursuant to section 10(b) of Pub. L. 102-285,

set out as a note under section 1 of this title.

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (b) and

(c) pursuant to section 509(b) of Pub. L. 96-88 which is classified

to section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law in Office of Science and Technology and

in Director or Deputy Director of Office of Science and Technology

transferred to Director of National Science Foundation, and Office

of Science and Technology, including offices of Director and Deputy

Director, provided for by sections 1 and 2 of Reorg. Plan No. 2, of

1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, abolished by

sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1,

1973, 38 F.R. 9579, 87 Stat. 1089, both set out in the Appendix to

Title 5, Government Organization and Employees.

-MISC3-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 811, 961 of this title.

-End-

-CITE-

30 USC Sec. 813 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 813. Inspections, investigations, and recordkeeping

-STATUTE-

(a) Purposes; advance notice; frequency; guidelines; right of

access

Authorized representatives of the Secretary or the Secretary of

Health and Human Services shall make frequent inspections and

investigations in coal or other mines each year for the purpose of

(1) obtaining, utilizing, and disseminating information relating to

health and safety conditions, the causes of accidents, and the

causes of diseases and physical impairments originating in such

mines, (2) gathering information with respect to mandatory health

or safety standards, (3) determining whether an imminent danger

exists, and (4) determining whether there is compliance with the

mandatory health or safety standards or with any citation, order,

or decision issued under this subchapter or other requirements of

this chapter. In carrying out the requirements of this subsection,

no advance notice of an inspection shall be provided to any person,

except that in carrying out the requirements of clauses (1) and (2)

of this subsection, the Secretary of Health and Human Services may

give advance notice of inspections. In carrying out the

requirements of clauses (3) and (4) of this subsection, the

Secretary shall make inspections of each underground coal or other

mine in its entirety at least four times a year, and of each

surface coal or other mine in its entirety at least two times a

year. The Secretary shall develop guidelines for additional

inspections of mines based on criteria including, but not limited

to, the hazards found in mines subject to this chapter, and his

experience under this chapter and other health and safety laws. For

the purpose of making any inspection or investigation under this

chapter, the Secretary, or the Secretary of Health and Human

Services, with respect to fulfilling his responsibilities under

this chapter, or any authorized representative of the Secretary or

the Secretary of Health and Human Services, shall have a right of

entry to, upon, or through any coal or other mine.

(b) Notice and hearing; subpoenas; witnesses; contempt

For the purpose of making any investigation of any accident or

other occurrence relating to health or safety in a coal or other

mine, the Secretary may, after notice, hold public hearings, and

may sign and issue subpoenas for the attendance and testimony of

witnesses and the production of relevant papers, books, and

documents, and administer oaths. Witnesses summoned shall be paid

the same fees and mileage that are paid witnesses in the courts of

the United States. In case of contumacy or refusal to obey a

subpoena served upon any person under this section, the district

court of the United States for any district in which such person is

found or resides or transacts business, upon application by the

United States and after notice to such person, shall have

jurisdiction to issue an order requiring such person to appear and

give testimony before the Secretary or to appear and produce

documents before the Secretary, or both, and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

(c) Records of employee exposure to toxic materials or harmful

physical agents; undue exposure

The Secretary, in cooperation with the Secretary of Health and

Human Services, shall issue regulations requiring operators to

maintain accurate records of employee exposures to potentially

toxic materials or harmful physical agents which are required to be

monitored or measured under any applicable mandatory health or

safety standard promulgated under this chapter. Such regulations

shall provide miners or their representatives with an opportunity

to observe such monitoring or measuring, and to have access to the

records thereof. Such regulations shall also make appropriate

provisions for each miner or former miner to have access to such

records as will indicate his own exposure to toxic materials or

harmful physical agents. Each operator shall promptly notify any

miner who has been or is being exposed to toxic materials or

harmful physical agents in concentrations or at levels which exceed

those prescribed by an applicable mandatory health or safety

standard promulgated under section 811 of this title, or mandated

under subchapter II of this chapter, and shall inform any miner who

is being thus exposed of the corrective action being taken.

(d) Accident investigations; records

All accidents, including unintentional roof falls (except in any

abandoned panels or in areas which are inaccessible or unsafe for

inspections), shall be investigated by the operator or his agent to

determine the cause and the means of preventing a recurrence.

Records of such accidents and investigations shall be kept and the

information shall be made available to the Secretary or his

authorized representative and the appropriate State agency. Such

records shall be open for inspection by interested persons. Such

records shall include man-hours worked and shall be reported at a

frequency determined by the Secretary, but at least annually.

(e) Collecting information without unreasonable burden on operators

Any information obtained by the Secretary or by the Secretary of

Health and Human Services under this chapter shall be obtained in

such a manner as not to impose an unreasonable burden upon

operators, especially those operating small businesses, consistent

with the underlying purposes of this chapter. Unnecessary

duplication of effort in obtaining information shall be reduced to

the maximum extent feasible.

(f) Participation of representatives of operators and miners in

inspections

Subject to regulations issued by the Secretary, a representative

of the operator and a representative authorized by his miners shall

be given an opportunity to accompany the Secretary or his

authorized representative during the physical inspection of any

coal or other mine made pursuant to the provisions of subsection

(a) of this section, for the purpose of aiding such inspection and

to participate in pre- or post-inspection conferences held at the

mine. Where there is no authorized miner representative, the

Secretary or his authorized representative shall consult with a

reasonable number of miners concerning matters of health and safety

in such mine. Such representative of miners who is also an employee

of the operator shall suffer no loss of pay during the period of

his participation in the inspection made under this subsection. To

the extent that the Secretary or authorized representative of the

Secretary determines that more than one representative from each

party would further aid the inspection, he can permit each party to

have an equal number of such additional representatives. However,

only one such representative of miners who is an employee of the

operator shall be entitled to suffer no loss of pay during the

period of such participation under the provisions of this

subsection. Compliance with this subsection shall not be a

jurisdictional prerequisite to the enforcement of any provision of

this chapter.

(g) Immediate inspection; notice of violation or danger;

determination

(1) Whenever a repersentative (!1) of the miners or a miner in

the case of a coal or other mine where there is no such

representative has reasonable grounds to believe that a violation

of this chapter or a mandatory health or safety standard exists, or

an imminent danger exists, such miner or representative shall have

a right to obtain an immediate inspection by giving notice to the

Secretary or his authorized representative of such violation or

danger. Any such notice shall be reduced to writing, signed by the

representative of the miners or by the miner, and a copy shall be

provided the operator or his agent no later than at the time of

inspection, except that the operator or his agent shall be notified

forthwith if the complaint indicates that an imminent danger

exists. The name of the person giving such notice and the names of

individual miners referred to therein shall not appear in such copy

or notification. Upon receipt of such notification, a special

inspection shall be made as soon as possible to determine if such

violation or danger exists in accordance with the provisions of

this subchapter. If the Secretary determines that a violation or

danger does not exist, he shall notify the miner or representative

of the miners in writing of such determination.

(2) Prior to or during any inspection of a coal or other mine,

any representative of miners or a miner in the case of a coal or

other mine where there is no such representative, may notify the

Secretary or any representative of the Secretary responsible for

conducting the inspection, in writing, of any violation of this

chapter or of any imminent danger which he has reason to believe

exists in such mine. The Secretary shall, by regulation, establish

procedures for informal review of any refusal by a representative

of the Secretary to issue a citation with respect to any such

alleged violation or order with respect to such danger and shall

furnish the representative of miners or miner requesting such

review a written statement of the reasons for the Secretary's final

disposition of the case.

(h) Records and reports; compilation and publication; availability

In addition to such records as are specifically required by this

chapter, every operator of a coal or other mine shall establish and

maintain such records, make such reports, and provide such

information, as the Secretary or the Secretary of Health and Human

Services may reasonably require from time to time to enable him to

perform his functions under this chapter. The Secretary or the

Secretary of Health and Human Services is authorized to compile,

analyze, and publish, either in summary or detailed form, such

reports or information so obtained. Except to the extent otherwise

specifically provided by this chapter, all records, information,

reports, findings, citations, notices, orders, or decisions

required or issued pursuant to or under this chapter may be

published from time to time, may be released to any interested

person, and shall be made available for public inspection.

(i) Spot inspections

Whenever the Secretary finds that a coal or other mine liberates

excessive quantities of methane or other explosive gases during its

operations, or that a methane or other gas ignition or explosion

has occurred in such mine which resulted in death or serious injury

at any time during the previous five years, or that there exists in

such mine some other especially hazardous condition, he shall

provide a minimum of one spot inspection by his authorized

representative of all or part of such mine during every five

working days at irregular intervals. For purposes of this

subsection, "liberation of excessive quantities of methane or other

explosive gases" shall mean liberation of more than one million

cubic feet of methane or other explosive gases during a 24-hour

period. When the Secretary finds that a coal or other mine

liberates more than five hundred thousand cubic feet of methane or

other explosive gases during a 24-hour period, he shall provide a

minimum of one spot inspection by his authorized representative of

all or part of such mine every 10 working days at irregular

intervals. When the Secretary finds that a coal or other mine

liberates more than two hundred thousand cubic feet of methane or

other explosive gases during a 24-hour period, he shall provide a

minimum of one spot inspection by his authorized representative of

all or part of such mine every 15 working days at irregular

intervals.

(j) Accident notification; rescue and recovery activities

In the event of any accident occurring in any coal or other mine,

the operator shall notify the Secretary thereof and shall take

appropriate measures to prevent the destruction of any evidence

which would assist in investigating the cause or causes thereof. In

the event of any accident occurring in a coal or other mine, where

rescue and recovery work is necessary, the Secretary or an

authorized representative of the Secretary shall take whatever

action he deems appropriate to protect the life of any person, and

he may, if he deems it appropriate, supervise and direct the rescue

and recovery activities in such mine.

(k) Safety orders; recovery plans

In the event of any accident occurring in a coal or other mine,

an authorized representative of the Secretary, when present, may

issue such orders as he deems appropriate to insure the safety of

any person in the coal or other mine, and the operator of such mine

shall obtain the approval of such representative, in consultation

with appropriate State representatives, when feasible, of any plan

to recover any person in such mine or to recover the coal or other

mine or return affected areas of such mine to normal.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 103, Dec. 30, 1969, 83 Stat. 749;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1297;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-164 inserted provisions

authorizing representatives of the Secretary of Health, Education,

and Welfare to make inspections, expanded the area of inspection

and investigation to include mines other than coal mines, inserted

provisions requiring the inspection of surface mines at least two

times a year, inserted provisions requiring the development of

guidelines for additional inspections of mines, and inserted

provisions, formerly contained in subsec. (b), authorizing the

entry to, upon, or through, any coal or other mine for the purpose

of making inspection or investigation.

Subsec. (b). Pub. L. 95-164 redesignated subsec. (d) as (b) and

substituted "coal or other mine" for "coal mine". Provisions of

former subsec. (b) were incorporated into subsec. (a).

Subsecs. (c) to (e). Pub. L. 95-164 added subsecs. (c) to (e),

struck out former subsec. (c) which provided for the utilization of

facilities and personnel of other Federal agencies, and

redesignated former subsecs. (d) and (e) as (b) and (j),

respectively.

Subsec. (f). Pub. L. 95-164 redesignated subsec. (h) as (f),

inserted provision for a representative of the operator to

accompany the Secretary or his representative in the physical

inspection of a mine, extended the provisions to cover mines other

than coal mines, and inserted provisions relating to the choice of

the authorized representative of the miners, the representative's

duties, and the choice of more than one representative. Former

subsec. (f) redesignated (k).

Subsec. (g). Pub. L. 95-164 designated existing provisions as

par. (1), inserted provisions to par. (1) as so designated which

extended the right to an immediate inspection to individual miners

when there is no representative of the miners, provided for

immediate notification to the mine operator or his agent if the

complaint indicates that the danger is imminent, kept the name of

the person giving the notice and the names of the individual miners

off the copy or notification, and required the Secretary to notify

the miners or their representatives if he determines that a

violation or danger does not exist, and added par. (2).

Subsec. (h). Pub. L. 95-164 added subsec. (h). The provisions of

former subsec. (h), relating to the right of the miners'

representative to accompany the authorized representative of the

Secretary on the inspection, were incorporated into subsec. (f).

Subsec. (i). Pub. L. 95-164 inserted definition of "liberation of

excessive quantities of methane or other explosive gases" and

inserted provisions for a reduced schedule of one spot inspections

in mines with liberation rates for methane or other explosive gases

lower than that required to qualify as "excessive".

Subsecs. (j), (k). Pub. L. 95-164 redesignated former subsecs.

(e) and (f) as (j) and (k), respectively.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (a), (c),

(e), and (h) pursuant to section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 814, 821 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "representative".

-End-

-CITE-

30 USC Sec. 814 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 814. Citations and orders

-STATUTE-

(a) Issuance and form of citations; prompt issuance

If, upon inspection or investigation, the Secretary or his

authorized representative believes that an operator of a coal or

other mine subject to this chapter has violated this chapter, or

any mandatory health or safety standard, rule, order, or regulation

promulgated pursuant to this chapter, he shall, with reasonable

promptness, issue a citation to the operator. Each citation shall

be in writing and shall describe with particularity the nature of

the violation, including a reference to the provision of the

chapter, standard, rule, regulation, or order alleged to have been

violated. In addition, the citation shall fix a reasonable time for

the abatement of the violation. The requirement for the issuance of

a citation with reasonable promptness shall not be a jurisdictional

prerequisite to the enforcement of any provision of this chapter.

(b) Follow-up inspections; findings

If, upon any follow-up inspection of a coal or other mine, an

authorized representative of the Secretary finds (1) that a

violation described in a citation issued pursuant to subsection (a)

of this section has not been totally abated within the period of

time as originally fixed therein or as subsequently extended, and

(2) that the period of time for the abatement should not be further

extended, he shall determine the extent of the area affected by the

violation and shall promptly issue an order requiring the operator

of such mine or his agent to immediately cause all persons, except

those persons referred to in subsection (c) of this section, to be

withdrawn from, and to be prohibited from entering, such area until

an authorized representative of the Secretary determines that such

violation has been abated.

(c) Exempt persons

The following persons shall not be required to be withdrawn from,

or prohibited from entering, any area of the coal or other mine

subject to an order issued under this section:

(1) any person whose presence in such area is necessary, in the

judgment of the operator or an authorized representative of the

Secretary, to eliminate the condition described in the order;

(2) any public official whose official duties require him to

enter such area;

(3) any representative of the miners in such mine who is, in

the judgment of the operator or an authorized representative of

the Secretary, qualified to make such mine examinations or who is

accompanied by such a person and whose presence in such area is

necessary for the investigation of the conditions described in

the order; and

(4) any consultant to any of the foregoing.

(d) Findings of violations; withdrawal order

(1) If, upon any inspection of a coal or other mine, an

authorized representative of the Secretary finds that there has

been a violation of any mandatory health or safety standard, and if

he also finds that, while the conditions created by such violation

do not cause imminent danger, such violation is of such nature as

could significantly and substantially contribute to the cause and

effect of a coal or other mine safety or health hazard, and if he

finds such violation to be caused by an unwarrantable failure of

such operator to comply with such mandatory health or safety

standards, he shall include such finding in any citation given to

the operator under this chapter. If, during the same inspection or

any subsequent inspection of such mine within 90 days after the

issuance of such citation, an authorized representative of the

Secretary finds another violation of any mandatory health or safety

standard and finds such violation to be also caused by an

unwarrantable failure of such operator to so comply, he shall

forthwith issue an order requiring the operator to cause all

persons in the area affected by such violation, except those

persons referred to in subsection (c) of this section to be

withdrawn from, and to be prohibited from entering, such area until

an authorized representative of the Secretary determines that such

violation has been abated.

(2) If a withdrawal order with respect to any area in a coal or

other mine has been issued pursuant to paragraph (1), a withdrawal

order shall promptly be issued by an authorized representative of

the Secretary who finds upon any subsequent inspection the

existence in such mine of violations similar to those that resulted

in the issuance of the withdrawal order under paragraph (1) until

such time as an inspection of such mine discloses no similar

violations. Following an inspection of such mine which discloses no

similar violations, the provisions of paragraph (1) shall again be

applicable to that mine.

(e) Pattern of violations; abatement; termination of pattern

(1) If an operator has a pattern of violations of mandatory

health or safety standards in the coal or other mine which are of

such nature as could have significantly and substantially

contributed to the cause and effect of coal or other mine health or

safety hazards, he shall be given written notice that such pattern

exists. If, upon any inspection within 90 days after the issuance

of such notice, an authorized representative of the Secretary finds

any violation of a mandatory health or safety standard which could

significantly and substantially contribute to the cause and effect

of a coal or other mine safety or health hazard, the authorized

representative shall issue an order requiring the operator to cause

all persons in the area affected by such violation, except those

persons referred to in subsection (c) of this section, to be

withdrawn from, and to be prohibited from entering, such area until

an authorized representative of the Secretary determines that such

violation has been abated.

(2) If a withdrawal order with respect to any area in a coal or

other mine has been issued pursuant to paragraph (1), a withdrawal

order shall be issued by an authorized representative of the

Secretary who finds upon any subsequent inspection the existence in

such mine of any violation of a mandatory health or safety standard

which could significantly and substantially contribute to the cause

and effect of a coal or other mine health or safety hazard. The

withdrawal order shall remain in effect until an authorized

representative of the Secretary determines that such violation has

been abated.

(3) If, upon an inspection of the entire coal or other mine, an

authorized representative of the Secretary finds no violations of

mandatory health or safety standards that could significantly and

substantially contribute to the cause and effect of a coal or other

mine health and safety hazard, the pattern of violations that

resulted in the issuance of a notice under paragraph (1) shall be

deemed to be terminated and the provisions of paragraphs (1) and

(2) shall no longer apply. However, if as a result of subsequent

violations, the operator reestablishes a pattern of violations,

paragraphs (1) and (2) shall again be applicable to such operator.

(4) The Secretary shall make such rules as he deems necessary to

establish criteria for determining when a pattern of violations of

mandatory health or safety standards exists.

(f) Respirable dust concentrations; dust control person or team

If, based upon samples taken, analyzed, and recorded pursuant to

section 842(a) of this title, or samples taken during an inspection

by an authorized representative of the Secretary, the applicable

limit on the concentration of respirable dust required to be

maintained under this chapter is exceeded and thereby violated, the

Secretary or his authorized representative shall issue a citation

fixing a reasonable time for the abatement of the violation. During

such time, the operator of the mine shall cause samples described

in section 842(a) of this title to be taken of the affected area

during each production shift. If, upon the expiration of the period

of time as originally fixed or subsequently extended, the Secretary

or his authorized representative finds that the period of time

should not be further extended, he shall determine the extent of

the area affected by the violation and shall promptly issue an

order requiring the operator of such mine or his agent to cause

immediately all persons, except those referred to in subsection (c)

of this section, to be withdrawn from, and to be prohibited from

entering, such area until the Secretary or his authorized

representative has reason to believe, based on actions taken by the

operator, that such limit will be complied with upon the resumption

of production in such mine. As soon as possible after an order is

issued, the Secretary, upon request of the operator, shall dispatch

to the mine involved a person, or team of persons, to the extent

such persons are available, who are knowledgeable in the methods

and means of controlling and reducing respirable dust. Such person

or team of persons shall remain at the mine involved for such time

as they shall deem appropriate to assist the operator in reducing

respirable dust concentrations. While at the mine, such persons may

require the operator to take such actions as they deem appropriate

to insure the health of any person in the coal or other mine.

(g) Untrained miners

(1) If, upon any inspection or investigation pursuant to section

813 of this title, the Secretary or an authorized representative

shall find employed at a coal or other mine a miner who has not

received the requisite safety training as determined under section

825 of this title, the Secretary or an authorized representative

shall issue an order under this section which declares such miner

to be a hazard to himself and to others, and requiring that such

miner be immediately withdrawn from the coal or other mine, and be

prohibited from entering such mine until an authorized

representative of the Secretary determines that such miner has

received the training required by section 825 of this title.

(2) No miner who is ordered withdrawn from a coal or other mine

under paragraph (1) shall be discharged or otherwise discriminated

against because of such order; and no miner who is ordered

withdrawn from a coal or other mine under paragraph (1) shall

suffer a loss of compensation during the period necessary for such

miner to receive such training and for an authorized representative

of the Secretary to determine that such miner has received the

requisite training.

(h) Duration of citations and orders

Any citation or order issued under this section shall remain in

effect until modified, terminated or vacated by the Secretary or

his authorized representative, or modified, terminated or vacated

by the Commission or the courts pursuant to section 815 or 816 of

this title.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 104, Dec. 30, 1969, 83 Stat. 750;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1300.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-164 substituted provisions

directing the Secretary to issue a citation to the operator based

upon the belief of the Secretary or his authorized representative,

after inspection or investigation, that there has been a violation

of this chapter or any mandatory health or safety standard, rule,

order, or regulation for provisions that had related to the

issuance of a withdrawal order upon a finding that an imminent

danger existed.

Subsec. (b). Pub. L. 95-164 substituted provisions setting out

the steps to be taken if, upon any follow-up inspection of a coal

or other mine, the authorized representative of the Secretary finds

that a citation violation has not been abated and that the time for

abatement should not be extended for provisions that had set out

the steps to be taken in the case of a violation that did not

create an imminent danger.

Subsec. (c). Pub. L. 95-164 redesignated subsec. (d) as (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 95-164 redesignated subsec. (c) as (d) and

substituted reference to "citation" for reference to "notice".

Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 95-164 substituted provisions relating to

the steps to be taken if an operator has a pattern of violations of

mandatory health or safety standards for provisions setting out the

requisites of notices and orders issued pursuant to this section.

Subsec. (f). Pub. L. 95-164 redesignated subsec. (i) as (f).

Former subsec. (f), relating to the delivery of notices and orders

issued under this section, was incorporated into subsec. (a).

Subsec. (g). Pub. L. 95-164 added subsec. (g). Former subsec.

(g), relating to the modification and termination of notice, was

incorporated into subsec. (h).

Subsec. (h). Pub. L. 95-164 added subsec. (h). Provisions of

former subsec. (h), which related to steps to be taken when a

condition existed which could not be abated through the use of

existing technology, were covered in the general revision of

subsecs. (d) and (e).

Subsec. (i). Pub. L. 95-164 redesignated subsec. (i) as (f).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 815, 816, 817, 820, 821,

842, 863 of this title.

-End-

-CITE-

30 USC Sec. 815 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 815. Procedure for enforcement

-STATUTE-

(a) Notification of civil penalty; contest

If, after an inspection or investigation, the Secretary issues a

citation or order under section 814 of this title, he shall, within

a reasonable time after the termination of such inspection or

investigation, notify the operator by certified mail of the civil

penalty proposed to be assessed under section 820(a) of this title

for the violation cited and that the operator has 30 days within

which to notify the Secretary that he wishes to contest the

citation or proposed assessment of penalty. A copy of such

notification shall be sent by mail to the representative of miners

in such mine. If, within 30 days from the receipt of the

notification issued by the Secretary, the operator fails to notify

the Secretary that he intends to contest the citation or the

proposed assessment of penalty, and no notice is filed by any miner

or representative of miners under subsection (d) of this section

within such time, the citation and the proposed assessment of

penalty shall be deemed a final order of the Commission and not

subject to review by any court or agency. Refusal by the operator

or his agent to accept certified mail containing a citation and

proposed assessment of penalty under this subsection shall

constitute receipt thereof within the meaning of this subsection.

(b) Failure of operator to correct violation; notification;

contest; temporary relief

(1)(A) If the Secretary has reason to believe that an operator

has failed to correct a violation for which a citation has been

issued within the period permitted for its correction, the

Secretary shall notify the operator by certified mail of such

failure and of the penalty proposed to be assessed under section

820(b) of this title by reason of such failure and that the

operator has 30 days within which to notify the Secretary that he

wishes to contest the Secretary's notification of the proposed

assessment of penalty. A copy of such notification of the proposed

assessment of penalty shall at the same time be sent by mail to the

representative of the mine employees. If, within 30 days from the

receipt of notification of proposed assessment of penalty issued by

the Secretary, the operator fails to notify the Secretary that he

intends to contest the notification of proposed assessment of

penalty, such notification shall be deemed a final order of the

Commission and not subject to review by any court or agency.

Refusal by the operator or his agent to accept certified mail

containing a notification of proposed assessment of penalty issued

under this subsection shall constitute receipt thereof within the

meaning of this subsection.

(B) In determining whether to propose a penalty to be assessed

under section 820(b) of this title, the Secretary shall consider

the operator's history of previous violations, the appropriateness

of such penalty to the size of the business of the operator

charged, whether the operator was negligent, the effect on the

operator's ability to continue in business, the gravity of the

violation, and the demonstrated good faith of the operator charged

in attempting to achieve rapid compliance after notification of a

violation.

(2) An applicant may file with the Commission a written request

that the Commission grant temporary relief from any modification or

termination of any order or from any order issued under section 814

of this title together with a detailed statement giving the reasons

for granting such relief. The Commission may grant such relief

under such conditions as it may prescribe, if -

(A) a hearing has been held in which all parties were given an

opportunity to be heard;

(B) the applicant shows that there is substantial likelihood

that the findings of the Commission will be favorable to the

applicant; and

(C) such relief will not adversely affect the health and safety

of miners.

No temporary relief shall be granted in the case of a citation

issued under subsection (a) or (f) of section 814 of this title.

The Commission shall provide a procedure for expedited

consideration of applications for temporary relief under this

paragraph.

(c) Discrimination or interference prohibited; complaint;

investigation; determination; hearing

(1) No person shall discharge or in any manner discriminate

against or cause to be discharged or cause discrimination against

or otherwise interfere with the exercise of the statutory rights of

any miner, representative of miners or applicant for employment in

any coal or other mine subject to this chapter because such miner,

representative of miners or applicant for employment has filed or

made a complaint under or related to this chapter, including a

complaint notifying the operator or the operator's agent, or the

representative of the miners at the coal or other mine of an

alleged danger or safety or health violation in a coal or other

mine, or because such miner, representative of miners or applicant

for employment is the subject of medical evaluations and potential

transfer under a standard published pursuant to section 811 of this

title or because such miner, representative of miners or applicant

for employment has instituted or caused to be instituted any

proceeding under or related to this chapter or has testified or is

about to testify in any such proceeding, or because of the exercise

by such miner, representative of miners or applicant for employment

on behalf of himself or others of any statutory right afforded by

this chapter.

(2) Any miner or applicant for employment or representative of

miners who believes that he has been discharged, interfered with,

or otherwise discriminated against by any person in violation of

this subsection may, within 60 days after such violation occurs,

file a complaint with the Secretary alleging such discrimination.

Upon receipt of such complaint, the Secretary shall forward a copy

of the complaint to the respondent and shall cause such

investigation to be made as he deems appropriate. Such

investigation shall commence within 15 days of the Secretary's

receipt of the complaint, and if the Secretary finds that such

complaint was not frivolously brought, the Commission, on an

expedited basis upon application of the Secretary, shall order the

immediate reinstatement of the miner pending final order on the

complaint. If upon such investigation, the Secretary determines

that the provisions of this subsection have been violated, he shall

immediately file a complaint with the Commission, with service upon

the alleged violator and the miner, applicant for employment, or

representative of miners alleging such discrimination or

interference and propose an order granting appropriate relief. The

Commission shall afford an opportunity for a hearing (in accordance

with section 554 of title 5 but without regard to subsection (a)(3)

of such section) and thereafter shall issue an order, based upon

findings of fact, affirming, modifying, or vacating the Secretary's

proposed order, or directing other appropriate relief. Such order

shall become final 30 days after its issuance. The Commission shall

have authority in such proceedings to require a person committing a

violation of this subsection to take such affirmative action to

abate the violation as the Commission deems appropriate, including,

but not limited to, the rehiring or reinstatement of the miner to

his former position with back pay and interest. The complaining

miner, applicant, or representative of miners may present

additional evidence on his own behalf during any hearing held

pursuant to his (!1) paragraph.

(3) Within 90 days of the receipt of a complaint filed under

paragraph (2), the Secretary shall notify, in writing, the miner,

applicant for employment, or representative of miners of his

determination whether a violation has occurred. If the Secretary,

upon investigation, determines that the provisions of this

subsection have not been violated, the complainant shall have the

right, within 30 days of notice of the Secretary's determination,

to file an action in his own behalf before the Commission, charging

discrimination or interference in violation of paragraph (1). The

Commission shall afford an opportunity for a hearing (in accordance

with section 554 of title 5 but without regard to subsection (a)(3)

of such section), and thereafter shall issue an order, based upon

findings of fact, dismissing or sustaining the complainant's

charges and, if the charges are sustained, granting such relief as

it deems appropriate, including, but not limited to, an order

requiring the rehiring or reinstatement of the miner to his former

position with back pay and interest or such remedy as may be

appropriate. Such order shall become final 30 days after its

issuance. Whenever an order is issued sustaining the complainant's

charges under this subsection, a sum equal to the aggregate amount

of all costs and expenses (including attorney's fees) as determined

by the Commission to have been reasonably incurred by the miner,

applicant for employment or representative of miners for, or in

connection with, the institution and prosecution of such

proceedings shall be assessed against the person committing such

violation. Proceedings under this section shall be expedited by the

Secretary and the Commission. Any order issued by the Commission

under this paragraph shall be subject to judicial review in

accordance with section 816 of this title. Violations by any person

of paragraph (1) shall be subject to the provisions of sections 818

and 820(a) of this title.

(d) Contest proceedings; hearing; findings of fact; affirmance,

modification, or vacatur of citation, order, or proposed penalty;

procedure before Commission

If, within 30 days of receipt thereof, an operator of a coal or

other mine notifies the Secretary that he intends to contest the

issuance or modification of an order issued under section 814 of

this title, or citation or a notification of proposed assessment of

a penalty issued under subsection (a) or (b) of this section, or

the reasonableness of the length of abatement time fixed in a

citation or modification thereof issued under section 814 of this

title, or any miner or representative of miners notifies the

Secretary of an intention to contest the issuance, modification, or

termination of any order issued under section 814 of this title, or

the reasonableness of the length of time set for abatement by a

citation or modification thereof issued under section 814 of this

title, the Secretary shall immediately advise the Commission of

such notification, and the Commission shall afford an opportunity

for a hearing (in accordance with section 554 of title 5, but

without regard to subsection (a)(3) of such section), and

thereafter shall issue an order, based on findings of fact,

affirming, modifying, or vacating the Secretary's citation, order,

or proposed penalty, or directing other appropriate relief. Such

order shall become final 30 days after its issuance. The rules of

procedure prescribed by the Commission shall provide affected

miners or representatives of affected miners an opportunity to

participate as parties to hearings under this section. The

Commission shall take whatever action is necessary to expedite

proceedings for hearing appeals of orders issued under section 814

of this title.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 105, Dec. 30, 1969, 83 Stat. 753;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1303.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-164 substituted provisions under

which the Secretary must notify the operator of the civil penalty

he proposes to assess following the issuance of a citation or order

and the operator must give notice that he will contest the citation

or proposed assessment for provisions under which an operator was

required to apply for review of an order issued under section 814

of this title and under which an investigation was made, hearings

held, and information presented.

Subsec. (b). Pub. L. 95-164 substituted provisions relating to

the steps to be taken following the failure of the operator to

correct violations, including provisions relating to temporary

relief formerly contained in subsec. (d), for provisions requiring

the Secretary to make findings of fact and to issue a written

decision upon receiving the report of an investigation.

Subsec. (c). Pub. L. 95-164 added subsec. (c). Former subsec.

(c), directing the Secretary to take action under this section as

promptly as possible, was incorporated into a part of par. (3).

Subsec. (d). Pub. L. 95-164 added subsec. (d). Former subsec. (d)

redesignated (b)(2).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 814, 816, 820 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "this".

-End-

-CITE-

30 USC Sec. 816 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 816. Judicial review of Commission orders

-STATUTE-

(a) Petition by person adversely affected or aggrieved; temporary

relief

(1) Any person adversely affected or aggrieved by an order of the

Commission issued under this chapter may obtain a review of such

order in any United States court of appeals for the circuit in

which the violation is alleged to have occurred or in the United

States Court of Appeals for the District of Columbia Circuit, by

filing in such court within 30 days following the issuance of such

order a written petition praying that the order be modified or set

aside. A copy of such petition shall be forthwith transmitted by

the clerk of the court to the Commission and to the other parties,

and thereupon the Commission shall file in the court the record in

the proceeding as provided in section 2112 of title 28. Upon such

filing, the court shall have exclusive jurisdiction of the

proceeding and of the questions determined therein, and shall have

the power to make and enter upon the pleadings, testimony, and

proceedings set forth in such record a decree affirming, modifying,

or setting aside, in whole or in part, the order of the Commission

and enforcing the same to the extent that such order is affirmed or

modified. No objection that has not been urged before the

Commission shall be considered by the court, unless the failure or

neglect to urge such objection shall be excused because of

extraordinary circumstances. The findings of the Commission with

respect to questions of fact, if supported by substantial evidence

on the record considered as a whole, shall be conclusive. If any

party shall apply to the court for leave to adduce additional

evidence and shall show to the satisfaction of the court that such

additional evidence is material and that there were reasonable

grounds for the failure to adduce such evidence in the hearing

before the Commission, the court may order such additional evidence

to be taken before the Commission and to be made a part of the

record. The Commission may modify its findings as to the facts, or

make new findings, by reason of additional evidence so taken and

filed, and it shall file such modified or new findings, which

findings with respect to questions of fact, if supported by

substantial evidence on the record considered as a whole, shall be

conclusive. The Commission may modify or set aside its original

order by reason of such modified or new findings of fact. Upon the

filing of the record after such remand proceedings, the

jurisdiction of the court shall be exclusive and its judgment and

degree shall be final, except that the same shall be subject to

review by the Supreme Court of the United States, as provided in

section 1254 of title 28.

(2) In the case of a proceeding to review any order or decision

issued by the Commission under this chapter, except an order or

decision pertaining to an order issued under section 817(a) of this

title or an order or decision pertaining to a citation issued under

section 814(a) or (f) of this title, the court may, under such

conditions as it may prescribe, grant such temporary relief as it

deems appropriate pending final determination of the proceeding, if

-

(A) all parties to the proceeding have been notified and given

an opportunity to be heard on a request for temporary relief;

(B) the person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding; and

(C) such relief will not adversely affect the health and safety

of miners in the coal or other mine.

(3) In the case of a proceeding to review any order or decision

issued by the Panel under this chapter, the court may, under such

conditions as it may prescribe, grant such temporary relief as it

deems appropriate pending final determination of the proceeding, if

-

(A) all parties to the proceeding have been notified and given

an opportunity to be heard on a request for temporary relief; and

(B) the person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding.

(b) Petition by Secretary for review or enforcement of final

Commission orders

The Secretary may also obtain review or enforcement of any final

order of the Commission by filing a petition for such relief in the

United States court of appeals for the circuit in which the alleged

violation occurred or in the Court of Appeals for the District of

Columbia Circuit, and the provisions of subsection (a) shall govern

such proceedings to the extent applicable. If no petition for

review, as provided in subsection (a) of this section, is filed

within 30 days after issuance of the Commission's order, the

Commission's findings of fact and order shall be conclusive in

connection with any petition for enforcement which is filed by the

Secretary after the expiration of such 30-day period. In any such

case, as well as in the case of a noncontested citation or

notification by the Secretary which has become a final order of the

Commission under subsection (a) or (b) of section 815 of this

title, the clerk of the court, unless otherwise ordered by the

court, shall forthwith enter a decree enforcing the order and shall

transmit a copy of such decree to the Secretary and the operator

named in the petition. In any contempt proceeding brought to

enforce a decree of a court of appeals entered pursuant to this

subsection or subsection (a) of this section, the court of appeals

may assess the penalties provided in section 820 of this title, in

addition to invoking any other available remedies.

(c) Stay of order or decision of Commission or Panel

The commencement of a proceeding under this section shall not,

unless specifically ordered by the court, operate as a stay of the

order or decision of the Commission or the Panel.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 106, Dec. 30, 1969, 83 Stat. 754;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1306;

Pub. L. 98-620, title IV, Sec. 402(34), Nov. 8, 1984, 98 Stat.

3360.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-620 struck out provision that

petitions filed under this subsection had to be heard

expeditiously.

1977 - Subsec. (a)(1). Pub. L. 95-164 added subsec. (a)(1)

consisting of a revision of the provisions of former subsecs. (a),

(b), (d), and (f) with additions to cover the proceedings in the

reviewing court.

Subsec. (a)(2). Pub. L. 95-164 redesignated subsec. (c)(1) as

(a)(2) and substituted "issued by the Commission" for "issued by

the Secretary" and "under section 817(a) of this title or an order

or decision pertaining to a citation issued under section 814(a) or

(f) of this title" for "under section 814(a) of this title or an

order or decision pertaining to a notice issued under section

814(b) or (i) of this title" in the provisions preceding subpar.

(A).

Subsec. (a)(3). Pub. L. 95-164 redesignated subsec. (c)(2) as

(a)(3).

Subsec. (b). Pub. L. 95-164 added subsec. (b). Provisions of

former subsec. (b) were incorporated as revised into subsec.

(a)(1).

Subsec. (c). Pub. L. 95-164 redesignated subsec. (e) as (c).

Former subsec. (c), which consisted of pars. (1) and (2),

redesignated (a)(2) and (3).

Subsec. (d). Pub. L. 95-164 struck out subsec. (d) and

incorporated its provisions, relating to review by the Supreme

Court, into subsec. (a)(1).

Subsec. (e). Pub. L. 95-164 redesignated subsec. (e) as (c).

Subsec. (f). Pub. L. 95-164 struck out subsec. (f) which related

to the appointment of attorneys by the Secretary to represent him

in proceedings instituted under this section.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 804, 814, 815, 817, 953

of this title.

-End-

-CITE-

30 USC Sec. 817 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 817. Procedures to counteract dangerous conditions

-STATUTE-

(a) Withdrawal orders

If, upon any inspection or investigation of a coal or other mine

which is subject to this chapter, an authorized representative of

the Secretary finds that an imminent danger exists, such

representative shall determine the extent of the area of such mine

throughout which the danger exists, and issue an order requiring

the operator of such mine to cause all persons, except those

referred to in section 814(c) of this title, to be withdrawn from,

and to be prohibited from entering, such area until an authorized

representative of the Secretary determines that such imminent

danger and the conditions or practices which caused such imminent

danger no longer exist. The issuance of an order under this

subsection shall not preclude the issuance of a citation under

section 814 of this title or the proposing of a penalty under

section 820 of this title.

(b) Notice to mine operators; further investigation; findings and

decision by Secretary

(1) If, upon any inspection of a coal or other mine, an

authorized representative of the Secretary finds (A) that

conditions exist therein which have not yet resulted in an imminent

danger, (B) that such conditions cannot be effectively abated

through the use of existing technology, and (C) that reasonable

assurance cannot be provided that the continuance of mining

operations under such conditions will not result in an imminent

danger, he shall determine the area throughout which such

conditions exist, and thereupon issue a notice to the operator of

the mine or his agent of such conditions, and shall file a copy

thereof, incorporating his findings therein, with the Secretary and

with the representative of the miners of such mine. Upon receipt of

such copy, the Secretary shall cause such further investigation to

be made as he deems appropriate, including an opportunity for the

operator or a representative of the miners to present information

relating to such notice.

(2) Upon the conclusion of an investigation pursuant to paragraph

(1), and an opportunity for a public hearing upon request by any

interested party, the Secretary shall make findings of fact, and

shall by decision incorporating such findings therein, either

cancel the notice issued under this subsection or issue an order

requiring the operator of such mine to cause all persons in the

area affected, except those persons referred to in subsection (c)

of section 814 of this title to be withdrawn from, and be

prohibited from entering, such area until the Secretary, after a

public hearing affording all interested persons an opportunity to

present their views, determines that such conditions have been

abated. Any hearing under this paragraph shall be of record and

shall be subject to section 554 of title 5.

(c) Form and content of orders

Orders issued pursuant to subsection (a) of this section shall

contain a detailed description of the conditions or practices which

cause and constitute an imminent danger and a description of the

area of the coal or other mine from which persons must be withdrawn

and prohibited from entering.

(d) Findings; duration of orders

Each finding made and order issued under this section shall be

given promptly to the operator of the coal or other mine to which

it pertains by the person making such finding or order, and all of

such findings and orders shall be in writing, and shall be signed

by the person making them. Any order issued pursuant to subsection

(a) of this section may be modified or terminated by an authorized

representative of the Secretary. Any order issued under subsection

(a) or (b) of this section shall remain in effect until vacated,

modified, or terminated by the Secretary, or modified or vacated by

the Commission pursuant to subsection (e) of this section, or by

the courts pursuant to section 816(a) of this title.

(e) Reinstatement, modification, and vacatur of orders

(1) Any operator notified of an order under this section or any

representative of miners notified of the issuance, modification, or

termination of such an order may apply to the Commission within 30

days of such notification for reinstatement, modification or

vacation of such order. The Commission shall forthwith afford an

opportunity for a hearing (in accordance with section 554 of title

5 but without regard to subsection (a)(3) of such section) and

thereafter shall issue an order, based upon findings of fact,

vacating, affirming, modifying, or terminating the Secretary's

order. The Commission and the courts may not grant temporary relief

from the issuance of any order under subsection (a) of this

section.

(2) The Commission shall take whatever action is necessary to

expedite proceedings under this subsection.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 107, Dec. 30, 1969, 83 Stat. 755;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1307.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-164 substituted provisions relating to the

procedures to be followed to counteract dangerous conditions in

coal or other mines for provisions relating to the posting of

notices, orders, and decisions at coal mines, see section 819 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 816, 820, 821 of this

title.

-End-

-CITE-

30 USC Sec. 818 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 818. Injunctions

-STATUTE-

(a) Civil action by Secretary

(1) The Secretary may institute a civil action for relief,

including a permanent or temporary injunction, restraining order,

or any other appropriate order in the district court of the United

States for the district in which a coal or other mine is located or

in which the operator of such mine has his principal office,

whenever such operator or his agent -

(A) violates or fails or refuses to comply with any order or

decision issued under this chapter,

(B) interferes with, hinders, or delays the Secretary or his

authorized representative, or the Secretary of Health and Human

Services or his authorized representative, in carrying out the

provisions of this chapter,

(C) refuses to admit such representatives to the coal or other

mine,

(D) refuses to permit the inspection of the coal or other mine,

or the investigation of an accident or occupational disease

occurring in, or connected with, such mine,

(E) refuses to furnish any information or report requested by

the Secretary or the Secretary of Health and Human Services in

furtherance of the provisions of this chapter, or

(F) refuses to permit access to, and copying of, such records

as the Secretary or the Secretary of Health and Human Services

determines necessary in carrying out the provisions of this

chapter.

(2) The Secretary may institute a civil action for relief,

including permanent or temporary injunction, restraining order, or

any other appropriate order in the district court of the United

States for the district in which the coal or other mine is located

or in which the operator of such mine has his principal office

whenever the Secretary believes that the operator of a coal or

other mine is engaged in a pattern of violation of the mandatory

health or safety standards of this chapter, which in the judgment

of the Secretary constitutes a continuing hazard to the health or

safety of miners.

(b) Jurisdiction; relief; findings of Commission or Secretary

In any action brought under subsection (a) of this section, the

court shall have jurisdiction to provide such relief as may be

appropriate. In the case of an action under subsection (a)(2) of

this section, the court shall in its order require such assurance

or affirmative steps as it deems necessary to assure itself that

the protection afforded to miners under this chapter shall be

provided by the operator. Temporary restraining orders shall be

issued in accordance with rule 65 of the Federal Rules of Civil

Procedure, as amended, except that the time limit in such orders,

when issued without notice, shall be seven days from the date of

entry. Except as otherwise provided herein, any relief granted by

the court to enforce any order under paragraph (1) of subsection

(a) of this section shall continue in effect until the completion

or final termination of all proceedings for review of such order

under this subchapter, unless prior thereto, the district court

granting such relief sets it aside or modifies it. In any action

instituted under this section to enforce an order or decision

issued by the Commission or the Secretary after a public hearing in

accordance with section 554 of title 5, the findings of the

Commission or the Secretary, as the case may be, if supported by

substantial evidence on the record considered as a whole, shall be

conclusive.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 108, Dec. 30, 1969, 83 Stat. 756;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1309;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedure, referred to in

subsec. (b), is set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-164 redesignated existing provisions as

subsecs. (a)(1) and (b), added subsec. (a)(2), and in the

redesignated provisions inserted references to findings of the

Commission, inserted requirement that in actions brought under

subsec. (a)(2) the courts require such assurances or affirmative

action as they deem necessary to assure that the protections

offered by this chapter to the miners be provided by the operator,

and struck out provisions relating to the appointment of attorneys

by the Secretary to represent him in actions under this section.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)(1)(B),

(F) pursuant to section 509(b) of Pub. L. 96-88 which is classified

to section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 815 of this title.

-End-

-CITE-

30 USC Sec. 819 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 819. Posting of orders and decisions

-STATUTE-

(a) Mine office; bulletin board

At each coal or other mine there shall be maintained an office

with a conspicuous sign designating it as the office of such mine.

There shall be a bulletin board at such office or located at a

conspicuous place near an entrance of such mine, in such manner

that orders, citations, notices and decisions required by law or

regulation to be posted, may be posted thereon, and be easily

visible to all persons desiring to read them, and be protected

against damage by weather and against unauthorized removal. A copy

of any order, citation, notice or decision required by this chapter

to be given to an operator shall be delivered to the office of the

affected mine, and a copy shall be immediately posted on the

bulletin board of such mine by the operator or his agent.

(b) Distribution of orders, citations, notices, and decisions

The Secretary shall (1) cause a copy of any order, citation,

notice, or decision required by this chapter to be given to an

operator to be mailed immediately to a representative of the miners

in the affected coal or other mine, and (2) cause a copy thereof to

be mailed to the public official or agency of the State charged

with administering State laws, if any, relating to health or safety

in such mine. Such notice, order, citation, or decision shall be

available for public inspection.

(c) Compliance

In order to insure prompt compliance with any notice, order,

citation, or decision issued under this chapter, the authorized

representative of the Secretary may deliver such notice, order,

citation, or decision to an agent of the operator, and such agent

shall immediately take appropriate measures to insure compliance

with such notice, order, citation, or decision.

(d) Filing; designation of health and safety officers

Each operator of a coal or other mine subject to this chapter

shall file with the Secretary the name and address of such mine and

the name and address of the person who controls or operates the

mine. Any revisions in such names or addresses shall be promptly

filed with the Secretary. Each operator of a coal or other mine

subject to this chapter shall designate a responsible official at

such mine as the principal officer in charge of health and safety

at such mine, and such official shall receive a copy of any notice,

order, citation, or decision issued under this chapter affecting

such mine. In any case where the mine is subject to the control of

any person not directly involved in the daily operations of the

coal or other mine, there shall be filed with the Secretary the

name and address of such person and the name and address of a

principal official of such person who shall have overall

responsibility for the conduct of an effective health and safety

program at any coal or other mine subject to the control of such

person, and such official shall receive a copy of any notice,

order, citation, or decision issued affecting any such mine. The

mere designation of a health and safety official under this

subsection shall not be construed as making such official subject

to any penalty under this chapter.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 109, Dec. 30, 1969, 83 Stat. 756;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1310.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-164 substituted provisions relating to the

posting of orders and decisions for provisions setting out an

enumeration of penalties, which provisions, as revised, were

transferred to section 820 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-End-

-CITE-

30 USC Sec. 820 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 820. Penalties

-STATUTE-

(a) Civil penalty for violation of mandatory health or safety

standards

The operator of a coal or other mine in which a violation occurs

of a mandatory health or safety standard or who violates any other

provision of this chapter, shall be assessed a civil penalty by the

Secretary which penalty shall not be more than $50,000 for each

such violation. Each occurrence of a violation of a mandatory

health or safety standard may constitute a separate offense.

(b) Civil penalty for failure to correct violation for which

citation has been issued

Any operator who fails to correct a violation for which a

citation has been issued under section 814(a) of this title within

the period permitted for its correction may be assessed a civil

penalty of not more than $$5,000 (!1) for each day during which

such failure or violation continues.

(c) Liability of corporate directors, officers, and agents

Whenever a corporate operator violates a mandatory health or

safety standard or knowingly violates or fails or refuses to comply

with any order issued under this chapter or any order incorporated

in a final decision issued under this chapter, except an order

incorporated in a decision issued under subsection (a) of this

section or section 815(c) of this title, any director, officer, or

agent of such corporation who knowingly authorized, ordered, or

carried out such violation, failure, or refusal shall be subject to

the same civil penalties, fines, and imprisonment that may be

imposed upon a person under subsections (a) and (d) of this

section.

(d) Criminal penalties

Any operator who willfully violates a mandatory health or safety

standard, or knowingly violates or fails or refuses to comply with

any order issued under section 814 of this title and section 817 of

this title, or any order incorporated in a final decision issued

under this subchapter, except an order incorporated in a decision

under subsection (a) of this section or section 815(c) of this

title, shall, upon conviction, be punished by a fine of not more

than $25,000, or by imprisonment for not more than one year, or by

both, except that if the conviction is for a violation committed

after the first conviction of such operator under this chapter,

punishment shall be by a fine of not more than $50,000, or by

imprisonment for not more than five years, or both.

(e) Unauthorized advance notice of inspections

Unless otherwise authorized by this chapter, any person who gives

advance notice of any inspection to be conducted under this chapter

shall, upon conviction, be punished by a fine of not more than

$1,000 or by imprisonment for not more than six months, or both.

(f) False statements, representations, or certifications

Whoever knowingly makes any false statement, representation, or

certification in any application, record, report, plan, or other

document filed or required to be maintained pursuant to this

chapter shall, upon conviction, be punished by a fine of not more

than $10,000, or by imprisonment for not more than five years, or

both.

(g) Violation by miners of safety standards relating to smoking

Any miner who willfully violates the mandatory safety standards

relating to smoking or the carrying of smoking materials, matches,

or lighters shall be subject to a civil penalty assessed by the

Commission, which penalty shall not be more than $250 for each

occurrence of such violation.

(h) Equipment falsely represented as complying with statute,

specification, or regulations

Whoever knowingly distributes, sells, offers for sale,

introduces, or delivers in commerce any equipment for use in a coal

or other mine, including, but not limited to, components and

accessories of such equipment, which is represented as complying

with the provisions of this chapter, or with any specification or

regulation of the Secretary applicable to such equipment, and which

does not so comply, shall, upon conviction, be subject to the same

fine and imprisonment that may be imposed upon a person under

subsection (f) of this section.

(i) Authority to assess civil penalties

The Commission shall have authority to assess all civil penalties

provided in this chapter. In assessing civil monetary penalties,

the Commission shall consider the operator's history of previous

violations, the appropriateness of such penalty to the size of the

business of the operator charged, whether the operator was

negligent, the effect on the operator's ability to continue in

business, the gravity of the violation, and the demonstrated good

faith of the person charged in attempting to achieve rapid

compliance after notification of a violation. In proposing civil

penalties under this chapter, the Secretary may rely upon a summary

review of the information available to him and shall not be

required to make findings of fact concerning the above factors.

(j) Payment of penalties; interest

Civil penalties owed under this chapter shall be paid to the

Secretary for deposit into the Treasury of the United States and

shall accrue to the United States and may be recovered in a civil

action in the name of the United States brought in the United

States district court for the district where the violation occurred

or where the operator has its principal office. Interest at the

rate of 8 percent per annum shall be charged against a person on

any final order of the Commission, or the court. Interest shall

begin to accrue 30 days after the issuance of such order.

(k) Compromise, mitigation, and settlement of penalty

No proposed penalty which has been contested before the

Commission under section 815(a) of this title shall be compromised,

mitigated, or settled except with the approval of the Commission.

No penalty assessment which has become a final order of the

Commission shall be compromised, mitigated, or settled except with

the approval of the court.

(g742l) Inapplicability to black lung benefit provisions

The provisions of this section shall not be applicable with

respect to subchapter IV of this chapter.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 110, Dec. 30, 1969, 83 Stat. 758;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1311;

Pub. L. 101-508, title III, Sec. 3102, Nov. 5, 1990, 104 Stat.

1388-29.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-508, Sec. 3102(1), substituted

"$50,000" for "$10,000".

Subsec. (b). Pub. L. 101-508, Sec. 3102(2), substituted "$5,000"

for "1,000".

1977 - Pub. L. 95-164 substituted provisions setting the civil

and criminal penalties with regard to violations of this chapter

for provisions relating to claims of idled miners, which

provisions, as revised, were transferred to section 821 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 815, 816, 817, 825 of

this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

30 USC Sec. 821 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 821. Entitlement of miners to full compensation

-STATUTE-

If a coal or other mine or area of such mine is closed by an

order issued under section 813 of this title, section 814 of this

title, or section 817 of this title, all miners working during the

shift when such order was issued who are idled by such order shall

be entitled, regardless of the result of any review of such order,

to full compensation by the operator at their regular rates of pay

for the period they are idled, but for not more than the balance of

such shift. If such order is not terminated prior to the next

working shift, all miners on that shift who are idled by such order

shall be entitled to full compensation by the operator at their

regular rates of pay for the period they are idled, but for not

more than four hours of such shift. If a coal or other mine or area

of such mine is closed by an order issued under section 814 of this

title or section 817 of this title for a failure of the operator to

comply with any mandatory health or safety standards, all miners

who are idled due to such order shall be fully compensated after

all interested parties are given an opportunity for a public

hearing, which shall be expedited in such cases, and after such

order is final, by the operator for lost time at their regular

rates of pay for such time as the miners are idled by such closing,

or for one week, whichever is the lesser. Whenever an operator

violates or fails or refuses to comply with any order issued under

section 813 of this title, section 814 of this title, or section

817 of this title, all miners employed at the affected mine who

would have been withdrawn from, or prevented from entering, such

mine or area thereof as a result of such order shall be entitled to

full compensation by the operator at their regular rates of pay, in

addition to pay received for work performed after such order was

issued, for the period beginning when such order was issued and

ending when such order is complied with, vacated, or terminated.

The Commission shall have authority to order compensation due under

this section upon the filing of a complaint by a miner or his

representative and after opportunity for hearing subject to section

554 of title 5.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 111, Dec. 30, 1969, 83 Stat. 759;

Pub. L. 95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1312.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-164 substituted provisions relating to the

entitlement of miners to their full compensation when they are

idled as the result of the operation of this chapter for provisions

relating to the maintenance of records, which provisions, as

revised, were transferred to section 813 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

-End-

-CITE-

30 USC Sec. 822 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 822. Representation of Secretary in civil litigation by

Solicitor of Labor

-STATUTE-

Except as provided in section 518(a) of title 28, relating to

litigation before the Supreme Court, the Solicitor of Labor may

appear for and represent the Secretary in any civil litigation

brought under this chapter but all such litigation shall be subject

to the direction and control of the Attorney General.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 112, as added Pub. L. 95-164, title

II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

816(f) of this title prior to the amendment of this subchapter by

Pub. L. 95-164.

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of

Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note

under section 801 of this title.

-End-

-CITE-

30 USC Sec. 823 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 823. Federal Mine Safety and Health Review Commission

-STATUTE-

(a) Establishment; membership; chairman

The Federal Mine Safety and Health Review Commission is hereby

established. The Commission shall consist of five members,

appointed by the President by and with the advice and consent of

the Senate, from among persons who by reason of training,

education, or experience are qualified to carry out the functions

of the Commission under this chapter. The President shall designate

one of the members of the Commission to serve as Chairman.

(b) Terms; personnel; administrative law judges

(1) The terms of the members of the Commission shall be six

years, except that -

(A) members of the Commission first taking office after

November 9, 1977, shall serve, as designated by the President at

the time of appointment, one for a term of two years, two for a

term of four years and two for a term of six years; and

(B) a vacancy caused by the death, resignation, or removal of

any member prior to the expiration of the term for which he was

appointed shall be filled only for the remainder of such

unexpired term.

Any member of the Commission may be removed by the President for

inefficiency, neglect of duty, or malfeasance in office.

(2) The Chairman shall be responsible on behalf of the Commission

for the administrative operations of the Commission. The Commission

shall appoint such employees as it deems necessary to assist in the

performance of the Commission's functions and to fix their

compensation in accordance with the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, relating to classification

and general pay rates. Upon the effective date of the Federal Mine

Safety and Health Amendments Act of 1977, the administrative law

judges assigned to the Arlington, Virginia, facility of the Office

of Hearings and Appeals, United States Department of the Interior,

shall be automatically transferred in grade and position to the

Federal Mine Safety and Health Review Commission. Notwithstanding

the provisions of section 559 of title 5, the incumbent Chief

Administrative Law Judge of the Office of Hearings and Appeals of

the Department of the Interior assigned to the Arlington, Virginia

facility shall have the option, on the effective date of the

Federal Mine Safety and Health Amendments Act of 1977, of

transferring to the Commission as an administrative law judge, in

the same grade and position as the other administrative law judges.

The administrative law judges (except those presiding over Indian

Probate Matters) assigned to the Western facilities of the Office

of Hearings and Appeals of the Department of the Interior shall

remain with that Department at their present grade and position or

they shall have the right to transfer on an equivalent basis to

that extended in this paragraph to the Arlington, Virginia

administrative law judges in accordance with procedures established

by the Director of the Office of Personnel Management. The

Commission shall appoint such additional administrative law judges

as it deems necessary to carry out the functions of the Commission.

Assignment, removal, and compensation of administrative law judges

shall be in accordance with sections 3105, 3344, 5362 and 7521 of

title 5.

(c) Delegation of powers

The Commission is authorized to delegate to any group of three or

more members any or all of the powers of the Commission, except

that two members shall constitute a quorum of any group designated

pursuant to this paragraph.

(d) Proceedings before administrative law judge; administrative

review

(1) An administrative law judge appointed by the Commission to

hear matters under this chapter shall hear, and make a

determination upon, any proceeding instituted before the Commission

and any motion in connection therewith, assigned to such

administrative law judge by the chief administrative law judge of

the Commission or by the Commission, and shall make a decision

which constitutes his final disposition of the proceedings. The

decision of the administrative law judge of the Commission shall

become the final decision of the Commission 40 days after its

issuance unless within such period the Commission has directed that

such decision shall be reviewed by the Commission in accordance

with paragraph (2). An administrative law judge shall not be

assigned to prepare a recommended decision under this chapter.

(2) The Commission shall prescribe rules of procedure for its

review of the decisions of administrative law judges in cases under

this chapter which shall meet the following standards for review:

(A)(i) Any person adversely affected or aggrieved by a decision

of an administrative law judge, may file and serve a petition for

discretionary review by the Commission of such decision within 30

days after the issuance of such decision. Review by the Commission

shall not be a matter of right but of the sound discretion of the

Commission.

(ii) Petitions for discretionary review shall be filed only upon

one or more of the following grounds:

(I) A finding or conclusion of material fact is not supported

by substantial evidence.

(II) A necessary legal conclusion is erroneous.

(III) The decision is contrary to law or to the duly

promulgated rules or decisions of the Commission.

(IV) A substantial question of law, policy or discretion is

involved.

(V) A prejudicial error of procedure was committed.

(iii) Each issue shall be separately numbered and plainly and

concisely stated, and shall be supported by detailed citations to

the record when assignments of error are based on the record, and

by statutes, regulations, or principal authorities relied upon.

Except for good cause shown, no assignment of error by any party

shall rely on any question of fact or law upon which the

administrative law judge had not been afforded an opportunity to

pass. Review by the Commission shall be granted only by affirmative

vote of two of the Commissioners present and voting. If granted,

review shall be limited to the questions raised by the petition.

(B) At any time within 30 days after the issuance of a decision

of an administrative law judge, the Commission may in its

discretion (by affirmative vote of two of the Commissioners present

and voting) order the case before it for review but only upon the

ground that the decision may be contrary to law or Commission

policy, or that a novel question of policy has been presented. The

Commission shall state in such order the specific issue of law,

Commission policy, or novel question of policy involved. If a

party's petition for discretionary review has been granted, the

Commission shall not raise or consider additional issues in such

review proceedings except in compliance with the requirements of

this paragraph.

(C) For the purpose of review by the Commission under paragraph

(A) or (B) of this subsection, the record shall include: (i) all

matters constituting the record upon which the decision of the

administrative law judge was based; (ii) the rulings upon proposed

findings and conclusions; (iii) the decision of the administrative

law judge; (iv) the petition or petitions for discretionary review,

responses thereto, and the Commission's order for review; and (v)

briefs filed on review. No other material shall be considered by

the Commission upon review. The Commission either may remand the

case to the administrative law judge for further proceedings as it

may direct or it may affirm, set aside, or modify the decision or

order of the administrative law judge in conformity with the

record. If the Commission determines that further evidence is

necessary on an issue of fact it shall remand the case for further

proceedings before the administrative law judge.

(The provisions of section 557(b) of title 5 with regard to the

review authority of the Commission are expressly superseded to the

extent that they are inconsistent with the provisions of

subparagraphs (A), (B), and (C) of this paragraph.)

(e) Witnesses and evidence; subpoenas; contempt

In connection with hearings before the Commission or its

administrative law judges under this chapter, the Commission and

its administrative law judges may compel the attendance and

testimony of witnesses and the production of books, papers, or

documents, or objects, and order testimony to be taken by

deposition at any stage of the proceedings before them. Any person

may be compelled to appear and depose and produce similar

documentary or physical evidence, in the same manner as witnesses

may be compelled to appear and produce evidence before the

Commission and its administrative law judges. Witnesses shall be

paid the same fees and mileage that are paid witnesses in the

courts of the United States and at depositions ordered by such

courts. In case of contumacy, failure, or refusal of any person to

obey a subpoena or order of the Commission or an administrative law

judge, respectively, to appear, to testify, or to produce

documentary or physical evidence, any district court of the United

States or the United States courts of any territory or possession,

within the jurisdiction of which such person is found, or resides,

or transacts business, shall, upon the application of the

Commission, or the administrative law judge, respectively, have

jurisdiction to issue to such person an order requiring such person

to appear, to testify, or to produce evidence as ordered by the

Commission or the administrative law judge, respectively, and any

failure to obey such order of the court may be punished by the

court as a contempt thereof.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 113, as added Pub. L. 95-164, title

II, Sec. 201, Nov. 9, 1977, 91 Stat. 1313; 1978 Reorg. Plan No. 2,

Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Federal Mine Safety and Health

Amendments Act of 1977, referred to in subsec. (b)(2), see section

307 of Pub. L. 95-164, set out as an Effective Date of 1977

Amendment note under section 801 of this title.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 729

of this title prior to its repeal by Pub. L. 95-164.

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of

Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note

under section 801 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (b)(2) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred all functions vested by statute in

United States Civil Service Commission to Director of Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-

30 USC Sec. 823a 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 823a. Principal office in District of Columbia; proceedings

held elsewhere

-STATUTE-

The principal office of the Commission shall be in the District

of Columbia. Whenever the Commission deems that convenience of the

public or the parties may be promoted, or delay or expense may be

minimized, it may hold hearings or conduct other proceedings at any

other place.

-SOURCE-

(Pub. L. 95-164, title III, Sec. 302(d), Nov. 9, 1977, 91 Stat.

1320.)

-COD-

CODIFICATION

Section was enacted as part of Pub. L. 95-164, known as the

Federal Mine Safety and Health Amendments Act of 1977, and not as

part of Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, known as the

Federal Mine Safety and Health Act of 1977 which comprises this

chapter.

-MISC1-

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of

Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note

under section 801 of this title.

-End-

-CITE-

30 USC Sec. 824 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 824. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated, out of any moneys in the

Treasury not otherwise appropriated, such sums as may be necessary

to carry out the provisions of this subchapter.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 114, as added Pub. L. 95-164, title

II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315.)

-MISC1-

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of

Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note

under section 801 of this title.

-End-

-CITE-

30 USC Sec. 825 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 825. Mandatory health and safety training

-STATUTE-

(a) Approved program; regulations

Each operator of a coal or other mine shall have a health and

safety training program which shall be approved by the Secretary.

The Secretary shall promulgate regulations with respect to such

health and safety training programs not more than 180 days after

the effective date of the Federal Mine Safety and Health Amendments

Act of 1977. Each training program approved by the Secretary shall

provide as a minimum that -

(1) new miners having no underground mining experience shall

receive no less than 40 hours of training if they are to work

underground. Such training shall include instruction in the

statutory rights of miners and their representatives under this

chapter, use of the self-rescue device and use of respiratory

devices, hazard recognition, escapeways, walk around training,

emergency procedures, basic ventilation, basic roof control,

electrical hazards, first aid, and the health and safety aspects

of the task to which he will be assigned;

(2) new miners having no surface mining experience shall

receive no less than 24 hours of training if they are to work on

the surface. Such training shall include instruction in the

statutory rights of miners and their representatives under this

chapter, use of the self-rescue device where appropriate and use

of respiratory devices where appropriate, hazard recognition,

emergency procedures, electrical hazards, first aid, walk around

training and the health and safety aspects of the task to which

he will be assigned;

(3) all miners shall receive no less than eight hours of

refresher training no less frequently than once each 12 months,

except that miners already employed on the effective date of the

Federal Mine Safety and Health Amendments Act of 1977 shall

receive this refresher training no more than 90 days after the

date of approval of the training plan required by this section;

(4) any miner who is reassigned to a new task in which he has

had no previous work experience shall receive training in

accordance with a training plan approved by the Secretary under

this subsection in the safety and health aspects specific to that

task prior to performing that task;

(5) any training required by paragraphs (1), (2) or (4) shall

include a period of training as closely related as is practicable

to the work in which the miner is to be engaged.

(b) Training compensation

Any health and safety training provided under subsection (a) of

this section shall be provided during normal working hours. Miners

shall be paid at their normal rate of compensation while they take

such training, and new miners shall be paid at their starting wage

rate when they take the new miner training. If such training shall

be given at a location other than the normal place of work, miners

shall also be compensated for the additional costs they may incur

in attending such training sessions.

(c) Certificate

Upon completion of each training program, each operator shall

certify, on a form approved by the Secretary, that the miner has

received the specified training in each subject area of the

approved health and safety training plan. A certificate for each

miner shall be maintained by the operator, and shall be available

for inspection at the mine site, and a copy thereof shall be given

to each miner at the completion of such training. When a miner

leaves the operator's employ, he shall be entitled to a copy of his

health and safety training certificates. False certification by an

operator that training was given shall be punishable under section

820(a) and (f) of this title; and each health and safety training

certificate shall indicate on its face, in bold letters, printed in

a conspicuous manner the fact that such false certification is so

punishable.

(d) Standards

The Secretary shall promulgate appropriate standards for safety

and health training for coal or other mine construction workers.

(e) Proposed regulations

Within 180 days after the effective date of the Federal Mine

Safety and Health Amendments Act of 1977, the Secretary shall

publish proposed regulations which shall provide that mine rescue

teams shall be available for rescue and recovery work to each

underground coal or other mine in the event of an emergency. The

costs of making advance arrangements for such teams shall be borne

by the operator of each such mine.

-SOURCE-

(Pub. L. 91-173, title I, Sec. 115, as added Pub. L. 95-164, title

II, Sec. 201, Nov. 9, 1977, 91 Stat. 1315.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Federal Mine Safety and Health

Amendments Act of 1977, referred to in subsecs. (a) and (e), see

section 307 of Pub. L. 95-164, set out as an Effective Date of 1977

Amendment note under section 801 of this title.

-MISC1-

EFFECTIVE DATE

Section effective 120 days after Nov. 9, 1977, see section 307 of

Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note

under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 814 of this title.

-End-

-CITE-

30 USC SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 802, 813, 878, 938,

954, 960 of this title.

-End-

-CITE-

30 USC Sec. 841 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 841. Mandatory health standards for underground mines;

enforcement; review; purpose

-STATUTE-

(a) The provisions of sections 842 through 846 of this title and

the applicable provisions of section 878 of this title shall be

interim mandatory health standards applicable to all underground

coal mines until superseded in whole or in part by improved

mandatory health standards promulgated by the Secretary under the

provisions of section 811 of this title, and shall be enforced in

the same manner and to the same extent as any mandatory health

standard promulgated under the provisions of section 811 of this

title. Any orders issued in the enforcement of the interim

standards set forth in this subchapter shall be subject to review

as provided in subchapter I of this chapter.

(b) Among other things, it is the purpose of this subchapter to

provide, to the greatest extent possible, that the working

conditions in each underground coal mine are sufficiently free of

respirable dust concentrations in the mine atmosphere to permit

each miner the opportunity to work underground during the period of

his entire adult working life without incurring any disability from

pneumoconiosis or any other occupation-related disease during or at

the end of such period.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 201, Dec. 30, 1969, 83 Stat. 760.)

-MISC1-

EFFECTIVE DATE

Subchapter operative six months after Dec. 30, 1969, except to

the extent an earlier date is specifically provided for in Pub. L.

91-173, see section 509 of Pub. L. 91-173, set out as a note under

section 801 of this title.

-End-

-CITE-

30 USC Sec. 842 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 842. Dust concentration and respiratory equipment

-STATUTE-

(a) Samples; procedures; transmittal; notice of excess

concentration; periodic reports to Secretary; contents

Each operator of a coal mine shall take accurate samples of the

amount of respirable dust in the mine atmosphere to which each

miner in the active workings of such mine is exposed. Such samples

shall be taken by any device approved by the Secretary and the

Secretary of Health and Human Services and in accordance with such

methods, at such locations, at such intervals, and in such manner

as the Secretaries shall prescribe in the Federal Register within

sixty days from December 30, 1969 and from time to time thereafter.

Such samples shall be transmitted to the Secretary in a manner

established by him, and analyzed and recorded by him in a manner

that will assure application of the provisions of section 814(i) of

this title when the applicable limit on the concentration of

respirable dust required to be maintained under this section is

exceeded. The results of such samples shall also be made available

to the operator. Each operator shall report and certify to the

Secretary at such intervals as the Secretary may require as to the

conditions in the active workings of the coal mine, including, but

not limited to, the average number of working hours worked during

each shift, the quantity and velocity of air regularly reaching the

working faces, the method of mining, the amount and pressure of the

water, if any, reaching the working faces, and the number,

location, and type of sprays, if any, used.

(b) Standards; noncompliance permit; renewal; procedures;

limitations; extension period

Except as otherwise provided in this subsection -

(1) Effective on the operative date of this subchapter, each

operator shall continuously maintain the average concentration of

respirable dust in the mine atmosphere during each shift to which

each miner in the active workings of such mine is exposed at or

below 3.0 milligrams of respirable dust per cubic meter of air.

(2) Effective three years after December 30, 1969, each

operator shall continuously maintain the average concentration of

respirable dust in the mine atmosphere during each shift to which

each miner in the active workings of such mine is exposed at or

below 2.0 milligrams of respirable dust per cubic meter of air.

(3) Any operator who determines that he will be unable, using

available technology, to comply with the provisions of paragraph

(1) of this subsection, or the provisions of paragraph (2) of

this subsection, as appropriate, may file with the Panel, no

later than sixty days prior to the effective date of the

applicable respirable dust standard established by such

paragraphs, an application for a permit for noncompliance. If, in

the case of an application for a permit for noncompliance with

the 3.0 milligram standard established by paragraph (1) of this

subsection, the application satisfies the requirements of

subsection (c) of this section, the Panel shall issue a permit

for noncompliance to the operator. If, in the case of an

application for a permit for noncompliance with the 2.0 milligram

standard established by paragraph (2) of this subsection, the

application satisfies the requirements of subsection (c) of this

section and the Panel determines that the applicant will be

unable to comply with such standard, the Panel shall issue to the

operator a permit for noncompliance.

(4) In any case in which an operator, who has been issued a

permit (including a renewal permit) for noncompliance under this

section, determines, not more than ninety days prior to the

expiration date of such permit, that he still is unable to comply

with the standard established by paragraph (1) of this subsection

or the standard established by paragraph (2) of this subsection,

as appropriate, he may file with the Panel an application for

renewal of the permit. Upon receipt of such application, the

Panel, if it determines, after all interested persons have been

notified and given an opportunity for a public hearing under

section 804 of this title, that the application is in compliance

with the provisions of subsection (c) of this section, and that

the applicant will be unable to comply with such standard, may

renew the permit.

(5) Any such permit or renewal thereof so issued shall be in

effect for a period not to exceed one year and shall entitle the

permittee during such period to maintain continuously the average

concentration of respirable dust in the mine atmosphere during

each shift in the working places of such mine to which the permit

applies at a level specified by the Panel, which shall be at the

lowest level which the application shows the conditions,

technology applicable to such mine, and other available and

effective control techniques and methods will permit, but in no

event shall such level exceed 4.5 milligrams of dust per cubic

meter of air during the period when the 3.0 milligram standard is

in effect, or 3.0 milligrams of dust per cubic meter of air

during the period when the 2.0 milligram standard is in effect.

(6) No permit or renewal thereof for noncompliance shall

entitle any operator to an extension of time beyond eighteen

months from December 30, 1969 to comply with the 3.0 milligram

standard established by paragraph (1) of this subsection, or

beyond seventy-two months from December 30, 1969 to comply with

the 2.0 milligram standard established by paragraph (2) of this

subsection.

(c) Applications for noncompliance; contents

Any application for an initial or renewal permit made pursuant to

this section shall contain -

(1) a representation by the applicant and the engineer

conducting the survey referred to in paragraph (2) of this

subsection that the applicant is unable to comply with the

standard applicable under subsection (b)(1) or (b)(2) of this

section at specified working places because the technology for

reducing the concentration of respirable dust at such places is

not available, or because of the lack of other effective control

techniques or methods, or because of any combination of such

reasons;

(2) an identification of the working places in such mine for

which the permit is requested; the results of an engineering

survey by a certified engineer of the respirable dust conditions

of each working place of the mine with respect to which such

application is filed and the ability to reduce such dust to the

level required to be maintained in such place under this section;

a description of the ventilation system of the mine and its

capacity; the quantity and velocity of air regularly reaching the

working faces; the method of mining; the amount and pressure of

the water, if any, reaching the working faces; the number,

location, and type of sprays, if any; action taken to reduce such

dust; and such other information as the Panel may require; and

(3) statements by the applicant and the engineer conducting

such survey, of the means and methods to be employed to achieve

compliance with the applicable standard, the progress made toward

achieving compliance, and an estimate of when compliance can be

achieved.

(d) Promulgation of new standards; procedures

Beginning six months after the operative date of this subchapter

and from time to time thereafter, the Secretary of Health and Human

Services shall establish, in accordance with the provisions of

section 811 of this title, a schedule reducing the average

concentration of respirable dust in the mine atmosphere during each

shift to which each miner in the active workings is exposed below

the levels established in this section to a level of personal

exposure which will prevent new incidences of respiratory disease

and the further development of such disease in any person. Such

schedule shall specify the minimum time necessary to achieve such

levels taking into consideration present and future advancements in

technology to reach these levels.

(e) Concentration of respirable dust

References to concentrations of respirable dust in this

subchapter mean the average concentration of respirable dust

measured with a device approved by the Secretary and the Secretary

of Health and Human Services.

(f) Average concentration

For the purpose of this subchapter, the term "average

concentration" means a determination which accurately represents

the atmospheric conditions with regard to respirable dust to which

each miner in the active workings of a mine is exposed (1) as

measured, during the 18 month period following December 30, 1969,

over a number of continuous production shifts to be determined by

the Secretary and the Secretary of Health and Human Services, and

(2) as measured thereafter, over a single shift only, unless the

Secretary and the Secretary of Health and Human Services find, in

accordance with the provisions of section 811 of this title, that

such single shift measurement will not, after applying valid

statistical techniques to such measurement, accurately represent

such atmospheric conditions during such shift.

(g) Compliance inspections

The Secretary shall cause to be made such frequent spot

inspections as he deems appropriate of the active workings of coal

mines for the purpose of obtaining compliance with the provisions

of this subchapter.

(h) Maintenance of respiratory equipment; substitutes for

environmental controls

Respiratory equipment approved by the Secretary and the Secretary

of Health and Human Services shall be made available to all persons

whenever exposed to concentrations of respirable dust in excess of

the levels required to be maintained under this chapter. Use of

respirators shall not be substituted for environmental control

measures in the active workings. Each operator shall maintain a

supply of respiratory equipment adequate to deal with occurrences

of concentrations of respirable dust in the mine atmosphere in

excess of the levels required to be maintained under this chapter.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 202, Dec. 30, 1969, 83 Stat. 760;

Pub. L. 95-164, title II, Sec. 202(a), Nov. 9, 1977, 91 Stat. 1317;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

For the operative date of this subchapter, referred to in

subsecs. (b)(1) and (d), see section 509 of Pub. L. 91-173, set out

as a note under section 801 of this title.

-MISC1-

AMENDMENTS

1977 - Subsec. (e). Pub. L. 95-164 substituted a general

reference to an "approved device" used to measure the average

concentration of respirable dust for provisions which had referred

to a specific device known as an "MRE instrument".

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (a), (d)

to (f), and (h) pursuant to section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section

307 of Pub. L. 95-164, set out as a note under section 801 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 814, 841 of this title.

-End-

-CITE-

30 USC Sec. 843 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 843. Medical examinations

-STATUTE-

(a) Chest roentgenogram; availability; periodic intervals; other

tests; transmittal of results; advice of rights

The operator of a coal mine shall cooperate with the Secretary of

Health and Human Services in making available to each miner working

in a coal mine the opportunity to have a chest roentgenogram within

eighteen months after December 30, 1969, a second chest

roentgenogram within three years thereafter, and subsequent chest

roentgenograms at such intervals thereafter of not to exceed five

years as the Secretary of Health and Human Services prescribes.

Each worker who begins work in a coal mine for the first time shall

be given, as soon as possible after commencement of his employment,

and again three years later if he is still engaged in coal mining,

a chest roentgenogram; and in the event the second such chest

roentgenogram shows evidence of the development of pneumoconiosis

the worker shall be given, two years later if he is still engaged

in coal mining, an additional chest roentgenogram. All chest

roentgenograms shall be given in accordance with specifications

prescribed by the Secretary of Health and Human Services and shall

be supplemented by such other tests as the Secretary of Health and

Human Services deems necessary. The films shall be read and

classified in a manner to be prescribed by the Secretary of Health

and Human Services, and the results of each reading on each such

person and of such tests shall be submitted to the Secretary and to

the Secretary of Health and Human Services, and, at the request of

the miner, to his physician. The Secretary shall also submit such

results to such miner and advise him of his rights under this

chapter related thereto. Such specifications, readings,

classifications, and tests shall, to the greatest degree possible,

be uniform for all coal mines and miners in such mines.

(b) Evidence of pneumoconiosis; option to transfer; wages

(1) On and after the operative date of this subchapter, any miner

who, in the judgment of the Secretary of Health and Human Services

based upon such reading or other medical examinations, shows

evidence of the development of pneumoconiosis shall be afforded the

option of transferring from his position to another position in any

area of the mine, for such period or periods as may be necessary to

prevent further development of such disease, where the

concentration of respirable dust in the mine atmosphere is not more

than 2.0 milligrams of dust per cubic meter of air.

(2) Effective three years after December 30, 1969, any miner who,

in the judgment of the Secretary of Health and Human Services based

upon such reading or other medical examinations, shows evidence of

the development of pneumoconiosis shall be afforded the option of

transferring from his position to another position in any area of

the mine, for such period or periods as may be necessary to prevent

further development of such disease, where the concentration of

respirable dust in the mine atmosphere is not more than 1.0

millograms (!1) of dust per cubic meter of air, or if such level is

not attainable in such mine, to a position in such mine where the

concentration of respirable dust is the lowest attainable below 2.0

milligrams per cubic meter of air.

(3) Any miner so transferred shall receive compensation for such

work at not less than the regular rate of pay received by him

immediately prior to his transfer.

(c) Costs of examinations and tests

No payment may be required of any miner in connection with any

examination or test given him pursuant to this subchapter. Where

such examinations or tests cannot be given, due to the lack of

adequate medical or other necessary facilities or personnel, in the

locality where the miner resides, arrangements shall be made to

have them conducted, in accordance with the provisions of this

subchapter, in such locality by the Secretary of Health and Human

Services, or by an appropriate person, agency, or institution,

public or private, under an agreement or arrangement between the

Secretary of Health and Human Services and such person, agency, or

institution. The operator of the mine shall reimburse the Secretary

of Health and Human Services, or such person, agency, or

institution, as the case may be, for the cost of conducting each

examination or test made, in accordance with this subchapter, and

shall pay whatever other costs are necessary to enable the miner to

take such examinations or tests.

(d) Autopsies

If the death of any active miner occurs in any coal mine, or if

the death of any active or inactive miner occurs in any other

place, the Secretary of Health and Human Services is authorized to

provide for an autopsy to be performed on such miner, with the

consent of his surviving widow or, if he has no such widow, then

with the consent of his surviving next of kin. The results of such

autopsy shall be submitted to the Secretary of Health and Human

Services and, with the consent of such survivor, to the miner's

physician or other interested person. Such autopsy shall be paid

for by the Secretary of Health and Human Services.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 203, Dec. 30, 1969, 83 Stat. 763;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

For operative date of this subchapter, referred to in subsec.

(b)(1), see section 509 of Pub. L. 91-173, set out as an Effective

Date note under section 801 of this title.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "milligrams".

-End-

-CITE-

30 USC Sec. 844 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 844. Rock dust and gas hazards; controls

-STATUTE-

The dust resulting from drilling in rock shall be controlled by

the use of permissible dust collectors, or by water or water with a

wetting agent, or by ventilation, or by any other method or device

approved by the Secretary which is at least as effective in

controlling such dust. Respiratory equipment approved by the

Secretary and the Secretary of Health and Human Services shall be

provided persons exposed for short periods to inhalation hazards

from gas, dusts, fumes, or mist. When the exposure is for prolonged

periods, other measures to protect such persons or to reduce the

hazard shall be taken.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 204, Dec. 30, 1969, 83 Stat. 764;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title.

-End-

-CITE-

30 USC Sec. 845 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 845. Dust standards in presence of quartz

-STATUTE-

In coal mining operations where the concentration of respirable

dust in the mine atmosphere of any working place contains more than

5 per centum quartz, the Secretary of Health and Human Services

shall prescribe an appropriate formula for determining the

applicable respirable dust standard under this subchapter for such

working place and the Secretary shall apply such formula in

carrying out his duties under this subchapter.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 205, Dec. 30, 1969, 83 Stat. 765;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title.

-End-

-CITE-

30 USC Sec. 846 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS

-HEAD-

Sec. 846. Noise standards; promulgation of new standards; tests;

procedures; protective devices

-STATUTE-

On and after the operative date of this subchapter, the standards

on noise prescribed under the Walsh-Healey Public Contracts Act, as

amended [41 U.S.C. 35 et seq.], in effect October 1, 1969, shall be

applicable to each coal mine and each operator of such mine shall

comply with them. Within six months after December 30, 1969, the

Secretary of Health and Human Services shall establish, and the

Secretary shall publish, as provided in section 811 of this title,

proposed mandatory health standards establishing maximum noise

exposure levels for all underground coal mines. Beginning six

months after the operative date of this subchapter, and at

intervals of at least every six months thereafter, the operator of

each coal mine shall conduct, in a manner prescribed by the

Secretary of Health and Human Services, tests by a qualified person

of the noise level at the mine and report and certify the results

to the Secretary and the Secretary of Health and Human Services. In

meeting such standard under this section, the operator shall not

require the use of any protective device or system, including

personal devices, which the Secretary or his authorized

representative finds to be hazardous or cause a hazard to the

miners in such mine.

-SOURCE-

(Pub. L. 91-173, title II, Sec. 206, Dec. 30, 1969, 83 Stat. 765;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

REFERENCES IN TEXT

For the operative date of this subchapter, referred to in text,

see section 509 of Pub. L. 91-173, set out as an Effective Date

note under section 801 of this title.

The Walsh-Healey Public Contracts Act, as amended, referred to in

text, probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as

amended, known as the Walsh-Healey Act, which is classified

generally to sections 35 to 45 of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Short Title

note set out under section 35 of Title 41 and Tables. See also

section 262 of Title 29, Labor.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 841 of this title.

-End-

-CITE-

30 USC SUBCHAPTER III - INTERIM MANDATORY SAFETY

STANDARDS FOR UNDERGROUND COAL MINES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 802, 938, 960 of this

title.

-End-

-CITE-

30 USC Sec. 861 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

Sec. 861. Mandatory safety standards for underground mines

-STATUTE-

(a) Coverage; enforcement; review

The provisions of sections 862 through 878 of this title shall be

interim mandatory safety standards applicable to all underground

coal mines until superseded in whole or in part by improved

mandatory safety standards promulgated by the Secretary under the

provisions of section 811 of this title, and shall be enforced in

the same manner and to the same extent as any mandatory safety

standard promulgated under section 811 of this title. Any orders

issued in the enforcement of the interim standards set forth in

this subchapter shall be subject to review as provided in

subchapter I of this chapter.

(b) Purpose; initiation of studies and research

The purpose of this subchapter is to provide for the immediate

application of mandatory safety standards developed on the basis of

experience and advances in technology and to prevent newly created

hazards resulting from new technology in coal mining. The Secretary

of the Interior in coordination with the Secretary shall

immediately initiate studies, investigations, and research to

further upgrade such standards and to develop and promulgate new

and improved standards promptly that will provide increased

protection to the miners, particularly in connection with hazards

from trolley wires, trolley feeder wires, and signal wires, the

splicing and use of trailing cables, and in connection with

improvements in vulcanizing of electric conductors, improvement in

roof control measures, methane drainage in advance of mining,

improved methods of measuring methane and other explosive gases and

oxygen concentrations, and the use of improved underground

equipment and other sources of power for such equipment.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 301, Dec. 30, 1969, 83 Stat. 765;

Pub. L. 95-164, title II, Sec. 203, Nov. 9, 1977, 91 Stat. 1317.)

-MISC1-

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-164, Sec. 203(a), substituted "The

Secretary of the Interior in coordination with the Secretary shall

immediately initiate studies" for "The Secretary shall immediately

initiate studies".

Subsecs. (c), (d). Pub. L. 95-164, Sec. 203(b), struck out

subsec. (c) which related to the modification of standards, and

subsec. (d) which related to the applicability of section 553 of

title 5 in cases where the provisions of sections 862 to 878 of

this title had provided that certain actions, conditions, or

requirements be carried out as prescribed by the Secretary or the

Secretary of Health, Education, and Welfare.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of this title.

EFFECTIVE DATE

Subchapter operative 90 days after Dec. 30, 1969, except to the

extent an earlier date is specifically provided for in Pub. L.

91-173, see section 509 of Pub. L. 91-173, set out as a note under

section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 951, 958 of this title.

-End-

-CITE-

30 USC Sec. 862 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

Sec. 862. Roof support

-STATUTE-

(a) Roof control plan; contents; review; availability

Each operator shall undertake to carry out on a continuing basis

a program to improve the roof control system of each coal mine and

the means and measures to accomplish such system. The roof and ribs

of all active underground roadways, travelways, and working places

shall be supported or otherwise controlled adequately to protect

persons from falls of the roof or ribs. A roof control plan and

revisions thereof suitable to the roof conditions and mining system

of each coal mine and approved by the Secretary shall be adopted

and set out in printed form within sixty days after the operative

date of this subchapter. The plan shall show the type of support

and spacing approved by the Secretary. Such plan shall be reviewed

periodically, at least every six months by the Secretary, taking

into consideration any falls of roof or ribs or inadequacy of

support of roof or ribs. No person shall proceed beyond the last

permanent support unless adequate temporary support is provided or

unless such temporary support is not required under the approved

roof control plan and the absence of such support will not pose a

hazard to the miners. A copy of the plan shall be furnished the

Secretary or his authorized representative and shall be available

to the miners and their representatives.

(b) Creation of dangers by roof falls

The method of mining followed in any coal mine shall not expose

the miner to unusual dangers from roof falls caused by excessive

widths of rooms and entries or faulty pillar recovery methods.

(c) Location and supply of roof support material; safety devices

for roof work

The operator, in accordance with the approved plan, shall provide

at or near each working face and at such other locations in the

coal mine as the Secretary may prescribe an ample supply of

suitable materials of proper size with which to secure the roof of

all working places in a safe manner. Safety posts, jacks, or other

approved devices shall be used to protect the workmen when roof

material is being taken down, crossbars are being installed, roof

bolt- holes are being drilled, roof bolts are being installed, and

in such other circumstances as may be appropriate. Loose roof and

overhanging or loose faces and ribs shall be taken down or

supported. Except in the case of recovery work, supports knocked

out shall be replaced promptly.

(d) Roof bolts

When installation of roof bolts is permitted, such roof bolts

shall be tested in accordance with the approved roof control plan.

(e) Recovery of roof bolts

Roof bolts shall not be recovered where complete extractions of

pillars are attempted, where adjacent to clay veins, or at the

locations of other irregularities, whether natural or otherwise,

that induce abnormal hazards. Where roof bolt recovery is

permitted, it shall be conducted only in accordance with methods

prescribed in the approved roof control plan, and shall be

conducted by experienced miners and only where adequate temporary

support is provided.

(f) Safety inspections; correction of dangerous conditions

Where miners are exposed to danger from falls of roof, face, and

ribs the operator shall examine and test the roof, face, and ribs

before any work or machine is started, and as frequently thereafter

as may be necessary to insure safety. When dangerous conditions are

found, they shall be corrected immediately.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 302, Dec. 30, 1969, 83 Stat. 766.)

-REFTEXT-

REFERENCES IN TEXT

For the operative date of this subchapter, referred to in subsec.

(a), see section 509 of Pub. L. 91-173, set out as an Effective

Date note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 863 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

Sec. 863. Ventilation

-STATUTE-

(a) Equipment; approval; daily examinations

All coal mines shall be ventilated by mechanical ventilation

equipment installed and operated in a manner approved by an

authorized representative of the Secretary and such equipment shall

be examined daily and a record shall be kept of such examination.

(b) Standards for air in work areas

All active workings shall be ventilated by a current of air

containing not less than 19.5 volume per centum of oxygen, not more

than 0.5 volume per centum of carbon dioxide, and no harmful

quantities of other noxious or poisonous gases; and the volume and

velocity of the current of air shall be sufficient to dilute,

render harmless, and to carry away, flammable, explosive, noxious,

and harmful gases, and dust, and smoke and explosive fumes. The

minimum quantity of air reaching the last open crosscut in any pair

or set of developing entries and the last open crosscut in any pair

or set of rooms shall be nine thousand cubic feet a minute, and the

minimum quantity of air reaching the intake end of a pillar line

shall be nine thousand cubic feet a minute. The minimum quantity of

air in any coal mine reaching each working face shall be three

thousand cubic feet a minute. Within three months after the

operative date of this subchapter, the Secretary shall prescribe

the minimum velocity and quantity of air reaching each working face

of each coal mine in order to render harmless and carry away

methane and other explosive gases and to reduce the level of

respirable dust to the lowest attainable level. The authorized

representative of the Secretary may require in any coal mine a

greater quantity and velocity of air when he finds it necessary to

protect the health or safety of miners. Within one year after the

operative date of this subchapter, the Secretary or his authorized

representative shall prescribe the maximum respirable dust level in

the intake aircourses in each coal mine in order to reduce such

level to the lowest attainable level. In robbing areas of

anthracite mines, where the air currents cannot be controlled and

measurements of the air cannot be obtained, the air shall have

perceptible movement.

(c) Line brattice; functions; exceptions; repairs; flame resistant

material

(1) Properly installed and adequately maintained line brattice or

other approved devices shall be continuously used from the last

open crosscut of an entry or room of each working section to

provide adequate ventilation to the working faces for the miners

and to remove flammable, explosive, and noxious gases, dust, and

explosive fumes, unless the Secretary or his authorized

representative permits an exception to this requirement, where such

exception will not pose a hazard to the miners. When damaged by

falls or otherwise, such line brattice or other devices shall be

repaired immediately.

(2) The space between the line brattice or other approved device

and the rib shall be large enough to permit the flow of a

sufficient volume and velocity of air to keep the working face

clear of flammable, explosive, and noxious gases, dust, and

explosive fumes.

(3) Brattice cloth used underground shall be of flame-resistant

material.

(d) Pre-shift examinations and tests; scope; violations of

mandatory standards; notification; posting of "DANGER" signs;

restriction of entry; records; re-entry

(1) Within three hours immediately preceding the beginning of any

shift, and before any miner in such shift enters the active

workings of a coal mine, certified persons designated by the

operator of the mine shall examine such workings and any other

underground area of the mine designated by the Secretary or his

authorized representative. Each such examiner shall examine every

working section in such workings and shall make tests in each such

working section for accumulations of methane with means approved by

the Secretary for detecting methane and shall make tests for oxygen

deficiency with a permissible flame safety lamp or other means

approved by the Secretary; examine seals and doors to determine

whether they are functioning properly; examine and test the roof,

face, and rib conditions in such working section; examine active

roadways, travelways, and belt conveyors on which men are carried,

approaches to abandoned areas, and accessible falls in such section

for hazards; test by means of an anemometer or other device

approved by the Secretary to determine whether the air in each

split is traveling in its proper course and in normal volume and

velocity; and examine for such other hazards and violations of the

mandatory health or safety standards, as an authorized

representative of the Secretary may from time to time require. Belt

conveyors on which coal is carried shall be examined after each

coal-producing shift has begun. Such mine examiner shall place his

initials and the date and time at all places he examines. If such

mine examiner finds a condition which constitutes a violation of a

mandatory health or safety standard or any condition which is

hazardous to persons who may enter or be in such area, he shall

indicate such hazardous place by posting a "DANGER" sign

conspiciously (!1) at all points which persons entering such

hazardous place would be required to pass, and shall notify the

operator of the mine. No person, other than an authorized

representative of the Secretary or a State mine inspector or

persons authorized by the operator to enter such place for the

purpose of eliminating the hazardous condition therein, shall enter

such place while such sign is so posted. Upon completing his

examination, such mine examiner shall report the results of his

examination to a person, designated by the operator to receive such

reports at a designated station on the surface of the mine, before

other persons enter the underground areas of such mine to work in

such shift. Each such mine examiner shall also record the results

of his examination with ink or indelible pencil in a book approved

by the Secretary kept for such purpose in an area on the surface of

the mine chosen by the operator to minimize the danger of

destruction by fire or other hazard, and the record shall be open

for inspection by interested persons.

(2) No person (other than certified persons designated under this

subsection) shall enter any underground area, except during any

shift, unless an examination of such area as prescribed in this

subsection has been made within eight hours immediately preceding

his entrance into such area.

(e) Daily examinations and tests; scope; imminent danger;

withdrawal of persons; abatement of danger

At least once during each coal-producing shift, or more often if

necessary for safety, each working section shall be examined for

hazardous conditions by certified persons designated by the

operator to do so. Any such condition shall be corrected

immediately. If such condition creates an imminent danger, the

operator shall withdraw all persons from the area affected by such

condition to a safe area, except those persons referred to in

section 814(d) of this title, until the danger is abated. Such

examination shall include tests for methane with a means approved

by the Secretary for detecting methane and for oxygen deficiency

with a permissible flame safety lamp or other means approved by the

Secretary.

(f) Weekly examination for hazardous conditions; scope;

notification; repairs; imminent danger; withdrawal of persons;

abatement; records

In addition to the pre-shift and daily examinations required by

this section, examinations for hazardous conditions, including

tests for methane, and for compliance with the mandatory health or

safety standards, shall be made at least once each week by a

certified person designated by the operator in the return of each

split of air where it enters the main return, on pillar falls, at

seals, in the main return, at least one entry of each intake and

return aircourse in its entirety, idle workings, and, insofar as

safety considerations permit, abandoned areas. Such weekly

examination need not be made during any week in which the mine is

idle for the entire week, except that such examination shall be

made before any other miner returns to the mine. The person making

such examinations and tests shall place his initials and the date

and time at the places examined, and if any hazardous condition is

found, such condition shall be reported to the operator promptly.

Any hazardous condition shall be corrected immediately. If such

condition creates an imminent danger, the operator shall withdraw

all persons from the area affected by such condition to a safe

area, except those persons referred to in section 814(d) of this

title, until such danger is abated. A record of these examinations,

tests, and actions taken shall be recorded in ink or indelible

pencil in a book approved by the Secretary kept for such purpose in

an area on the surface of the mine chosen by the mine operator to

minimize the danger of destruction by fire or other hazard, and the

record shall be open for inspection by interested persons.

(g) Weekly ventilation examinations; scope; records

At least once each week, a qualified person shall measure the

volume of air entering the main intakes and leaving the main

returns, the volume passing through the last open crosscut in any

pair or set of developing entries and the last open crosscut in any

pair or set of rooms, the volume and, when the Secretary so

prescribes, the velocity reaching each working face, the volume

being delivered to the intake end of each pillar line, and the

volume at the intake and return of each split of air. A record of

such measurements shall be recorded in ink or indelible pencil in a

book approved by the Secretary kept for such purpose in an area on

the surface of the coal mine chosen by the operator to minimize the

danger of destruction by fire or other hazard, and the record shall

be open for inspection by interested persons.

(h) Methane examinations at working place; periodic intervals;

standards; procedures for different air contents of methane

(1) At the start of each shift, tests for methane shall be made

at each working place immediately before electrically operated

equipment is energized. Such tests shall be made by qualified

persons. If 1.0 volume per centum or more of methane is detected,

electrical equipment shall not be energized, taken into, or

operated in, such working place until the air therein contains less

than 1.0 volume per centum of methane. Examinations for methane

shall be made during the operation of such equipment at intervals

of not more than twenty minutes during each shift, unless more

frequent examinations are required by an authorized representative

of the Secretary. In conducting such tests, such person shall use

means approved by the Secretary for detecting methane.

(2) If at any time the air at any working place, when tested at a

point not less than twelve inches from the roof, face, or rib,

contains 1.0 volume per centum or more of methane, changes or

adjustments shall be made at once in the ventilation in such mine

so that such air shall contain less than 1.0 volume per centum of

methane. While such changes or adjustments are underway and until

they have been achieved, power to electric face equipment located

in such place shall be cut off, no other work shall be permitted in

such place, and due precautions shall be carried out under the

direction of the operator or his agent so as not to endanger other

areas of the mine. If at any time such air contains 1.5 volume per

centum or more of methane, all persons, except those referred to in

section 814(d) of this title, shall be withdrawn from the area of

the mine endangered thereby to a safe area, and all electric power

shall be cut off from the endangered area of the mine, until the

air in such working place shall contain less than 1.0 volume per

centum of methane.

(i) Methane examination of air returning from working section;

periodic intervals; standards; procedures for different air

contents; virgin territory

(1) If, when tested, a split of air returning from any working

section contains 1.0 volume per centum or more of methane, changes

or adjustments shall be made at once in the ventilation in the mine

so that such returning air shall contain less than 1.0 volume per

centum of methane. Tests under this paragraph and paragraph (2) of

this subsection shall be made at four-hour intervals during each

shift by a qualified person designated by the operator of the mine.

In making such tests, such person shall use means approved by the

Secretary for detecting methane.

(2) If, when tested, a split of air returning from any working

section contains 1.5 volume per centum or more of methane, all

persons, except those persons referred to in section 814(d) of this

title, shall be withdrawn from the area of the mine endangered

thereby to a safe area and all electric power shall be cut off from

the endangered area of the mine, until the air in such split shall

contain less than 1.0 volume per centum of methane.

(3) In virgin territory, if the quantity of air in a split

ventilating the active workings in such territory equals or exceeds

twice the minimum volume of air prescribed in subsection (b) of

this section for the last open crosscut, if the air in the split

returning from such workings does not pass over trolley wires or

trolley feeder wires, and if a certified person designated by the

operator is continually testing the methane content of the air in

such split during mining operations in such workings, it shall be

necessary to withdraw all persons, except those referred to in

section 814(d) of this title, from the area of the mine endangered

thereby to a safe area and all electric power shall be cut off from

the endangered area only when the air returning from such workings

contains 2.0 volume per centum or more of methane.

(j) Abandoned area air; pre-shift examination

Air which has passed by an opening of any abandoned area shall

not be used to ventilate any working place in the coal mine if such

air contains 0.25 volume per centum or more of methane.

Examinations of such air shall be made during the pre-shift

examination required by subsection (d) of this section. In making

such tests, a certified person designated by the operator shall use

means approved by the Secretary for detecting methane. For the

purposes of this subsection, an area within a panel shall not be

deemed to be abandoned until such panel is abandoned.

(k) Abandoned area air; inaccessible or unsafe for inspection; air

from where pillars have been removed

Air that has passed through an abandoned area or an area which is

inaccessible or unsafe for inspection shall not be used to

ventilate any working place in any mine. No air which has been used

to ventilate an area from which the pillars have been removed shall

be used to ventilate any working place in a mine, except that such

air, if it does not contain 0.25 volume per centum or more of

methane, may be used to ventilate enough advancing working places

immediately adjacent to the line of retreat to maintain an orderly

sequence of pillar recovery on a set of entries.

(g742l) Methane monitors; required equipment; maintenance;

warnings; deenergizing of equipment

The Secretary or his authorized representative shall require, as

an additional device for detecting concentrations of methane, that

a methane monitor, approved as reliable by the Secretary after the

operative date of this subchapter, be installed, when available, on

any electric face cutting equipment, continuous miner, longwall

face equipment, and loading machine, except that no monitor shall

be required to be installed on any such equipment prior to the date

on which such equipment is required to be permissible under section

865(a) of this title. When installed on any such equipment, such

monitor shall be kept operative and properly maintained and

frequently tested as prescribed by the Secretary. The sensing

device of such monitor shall be installed as close to the working

face as practicable. Such monitor shall be set to deenergize

automatically such equipment when such monitor is not operating

properly and to give a warning automatically when the concentration

of methane reaches a maximum percentage determined by an authorized

representative of the Secretary which shall not be more than 1.0

volume per centum of methane. An authorized representative of the

Secretary shall require such monitor to deenergize automatically

equipment on which it is installed when the concentration of

methane reaches a maximum percentage determined by such

representative which shall not be more than 2.0 volume per centum

of methane.

(m) Idle area inspections; authorized inspectors

Idle and abandoned areas shall be inspected for methane and for

oxygen deficiency and other dangerous conditions by a certified

person with means approved by the Secretary as soon as possible but

not more than three hours before other persons are permitted to

enter or work in such areas. Persons, such as pumpmen, who are

required regularly to enter such areas in the performance of their

duties, and who are trained and qualified in the use of means

approved by the Secretary for detecting methane and in the use of a

permissible flame safety lamp or other means approved by the

Secretary for detecting oxygen deficiency are authorized to make

such examinations for themselves, and each such person shall be

properly equipped and shall make such examinations upon entering

any such area.

(n) Intentional roof falls; prior inspections; safeguards

Immediately before an intentional roof fall is made, pillar

workings shall be examined by a qualified person designated by the

operator to ascertain whether methane is present. Such person shall

use means approved by the Secretary for detecting methane. If in

such examination methane is found in amounts of 1.0 volume per

centum or more, such roof fall shall not be made until changes or

adjustments are made in the ventilation so that the air shall

contain less than 1.0 volume per centum of methane.

(g742o) Methane and dust control plans; contents

A ventilation system and methane and dust control plan and

revisions thereof suitable to the conditions and the mining system

of the coal mine and approved by the Secretary shall be adopted by

the operator and set out in printed form within ninety days after

the operative date of this subchapter. The plan shall show the type

and location of mechanical ventilation equipment installed and

operated in the mine, such additional or improved equipment as the

Secretary may require, the quantity and velocity of air reaching

each working face, and such other information as the Secretary may

require. Such plan shall be reviewed by the operator and the

Secretary at least every six months.

(p) Devices for detection of methane and oxygen deficiency;

maintenance

Each operator shall provide for the proper maintenance and care

of the permissible flame safety lamp or any other approved device

for detecting methane and oxygen deficiency by a person trained in

such maintenance, and, before each shift, care shall be taken to

insure that such lamp or other device is in a permissible

condition.

(q) Pillar recovery; areas without bleeder systems

Where areas are being pillared on the operative date of this

subchapter without bleeder entries, or without bleeder systems or

an equivalent means, pillar recovery may be completed in the area,

to the extent approved by an authorized representative of the

Secretary, if the edges of pillar lines adjacent to active workings

are ventilated with sufficient air to keep the air in open areas

along the pillar lines below 1.0 volume per centum of methane.

(r) Overcast and undercast intake air split requirements; time

extension

Each mechanized mining section shall be ventilated with a

separate split of intake air directed by overcasts, undercasts, or

the equivalent, except an extension of time, not in excess of nine

months, may be permitted by the Secretary, under such conditions as

he may prescribe, whenever he determines that this subsection

cannot be complied with on the operative date of this subchapter.

(s) Blasting; prior and subsequent examinations for methane

In all underground areas of a coal mine, immediately before

firing each shot or group of multiple shots and after blasting is

completed, examinations for methane shall be made by a qualified

person with means approved by the Secretary for detecting methane.

If methane is found in amounts of 1.0 volume per centum or more,

changes or adjustments shall be made at once in the ventilation so

that the air shall contain less than 1.0 volume per centum of

methane. No shots shall be fired until the air contains less than

1.0 volume per centum of methane.

(t) Mine fan stop plans; requisites

Each operator shall adopt a plan within sixty days after the

operative date of this subchapter which shall provide that when any

mine fan stops, immediate action shall be taken by the operator or

his agent (1) to withdraw all persons from the working sections,

(2) to cut off the power in the mine in a timely manner, (3) to

provide for restoration of power and resumption of work if

ventilation is restored within a reasonable period as set forth in

the plan after the working places and other active workings where

methane is likely to accumulate are reexamined by a certified

person to determine if methane in amounts of 1.0 volume per centum

or more exists therein, and (4) to provide for withdrawal of all

persons from the mine if ventilation cannot be restored within such

reasonable time. The plan and revisions thereof approved by the

Secretary shall be set out in printed form and a copy shall be

furnished to the Secretary or his authorized representative.

(u) Modifications affecting main air current or any split;

withdrawal of personnel; removal of power

Changes in ventilation which materially affect the main air

current or any split thereof and which may affect the safety of

persons in the coal mine shall be made only when the mine is idle.

Only those persons engaged in making such changes shall be

permitted in the mine during the change. Power shall be removed

from the areas affected by the change before work starts to make

the change and shall not be restored until the effect of the change

has been ascertained and the affected areas determined to be safe

by a certified person.

(v) Reading and countersigning of daily and weekly reports;

foreman; superintendent

The mine foreman shall read and countersign promptly the daily

reports of the pre-shift examiner and assistant mine foremen, and

he shall read and countersign promptly the weekly report covering

the examinations for hazardous conditions. Where such reports

disclose hazardous conditions, they shall be corrected promptly. If

such conditions create an imminent danger, the operator shall

withdraw all persons from, or prevent any person from entering, as

the case may be, the area affected by such conditions, except those

persons referred to in section 814(d) of this title, until such

danger is abated. The mine superintendent or assistant

superintendent of the mine shall also read and countersign the

daily and weekly reports of such persons.

(w) Daily mine condition reports; requisites; signatures

Each day, the mine foreman and each of his assistants shall enter

plainly and sign with ink or indelible pencil in a book approved by

the Secretary provided for that purpose a report of the condition

of the mine or portion thereof under his supervision, which report

shall state clearly the location and nature of any hazardous

condition observed by him or reported to him during the day and

what action was taken to remedy such condition. Such book shall be

kept in an area on the surface of the mine chosen by the operator

to minimize the danger of destruction by fire or other hazard, and

shall be open for inspection by interested persons.

(x) Reopening of abandoned or declared inactive mine; notification;

inspection

Before a coal mine is reopened after having been abandoned or

declared inactive by the operator, the Secretary shall be notified,

and an inspection shall be made of the entire mine by an authorized

representative of the Secretary before mining operations commence.

(y) Separation of intake and return aircourses from belt haulage

entries; standards

(1) In any coal mine opened after the operative date of this

subchapter, the entries used as intake and return aircourses shall

be separated from belt haulage entries, and each operator of such

mine shall limit the velocity of the air coursed through belt

haulage entries to the amount necessary to provide an adequate

supply of oxygen in such entries, and to insure that the air

therein shall contain less than 1.0 volume per centum of methane,

and such air shall not be used to ventilate active working places.

Whenever an authorized representative of the Secretary finds, in

the case of any coal mine opened on or prior to the operative date

of this subchapter which has been developed with more than two

entries, that the conditions in the entries, other than belt

haulage entries, are such as to permit adequately the coursing of

intake or return air through such entries, (1) the belt haulage

entries shall not be used to ventilate, unless such entries are

necessary to ventilate, active working places, and (2) when the

belt haulage entries are not necessary to ventilate the active

working places, the operator of such mine shall limit the velocity

of the air coursed through the belt haulage entries to the amount

necessary to provide an adequate supply of oxygen in such entries,

and to insure that the air therein shall contain less than 1.0

volume per centum of methane.

(2) In any coal mine opened on or after the operative date of

this subchapter, or, in the case of a coal mine opened prior to

such date, in any new working section of such mine, where trolley

haulage systems are maintained and where trolley wires or trolley

feeder wires are installed, an authorized representative of the

Secretary shall require a sufficient number of entries or rooms as

intake aircourses in order to limit, as prescribed by the

Secretary, the velocity of air currents on such haulageways for the

purpose of minimizing the hazards associated with fires and dust

explosions in such haulageways.

(z) Pillar extractions; bleeder systems and sealing requirements;

standards

(1) While pillars are being extracted in any area of a coal mine,

such area shall be ventilated in the manner prescribed by this

section.

(2) Within nine months after the operative date of this

subchapter, all areas from which pillars have been wholly or

partially extracted and abandoned areas, as determined by the

Secretary or his authorized representative, shall be ventilated by

bleeder entries or by bleeder systems or equivalent means, or be

sealed, as determined by the Secretary or his authorized

representative. When ventilation of such areas is required, such

ventilation shall be maintained so as continuously to dilute,

render harmless, and carry away methane and other explosive gases

within such areas and to protect the active workings of the mine

from the hazards of such methane and other explosive gases. Air

coursed through underground areas from which pillars have been

wholly or partially extracted which enters another split of air

shall not contain more than 2.0 volume per centum of methane, when

tested at the point it enters such other split. When sealing is

required, such seals shall be made in an approved manner so as to

isolate with explosion-proof bulkheads such areas from the active

workings of the mine.

(3) In the case of mines opened on or after the operative date of

this subchapter, or in the case of working sections opened on or

after such date in mines opened prior to such date, the mining

system shall be designed in accordance with a plan and revisions

thereof approved by the Secretary and adopted by such operator so

that, as each working section of the mine is abandoned, it can be

isolated from the active workings of the mine with explosion-proof

seals or bulkheads.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 303, Dec. 30, 1969, 83 Stat. 767.)

-REFTEXT-

REFERENCES IN TEXT

For the operative date of this subchapter, referred to in

subsecs. (b), (l), (o), (q), (r), (t), (y), and (z)(2), (3), see

section 509 of Pub. L. 91-173, set out as an Effective Date note

under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 861, 878 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "conspicuously".

-End-

-CITE-

30 USC Sec. 864 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

Sec. 864. Combustible materials and rock dusting

-STATUTE-

(a) Accumulations; maintenance

Coal dust, including float coal dust deposited on rock-dusted

surfaces, loose coal, and other combustible materials, shall be

cleaned up and not be permitted to accumulate in active workings,

or on electric equipment therein.

(b) Abatement of hazards in active working areas

Where underground mining operations in active workings create or

raise excessive amounts of dust, water or water with a wetting

agent added to it, or other no less effective methods approved by

the Secretary or his authorized representative, shall be used to

abate such dust. In working places, particularly in distances less

than forty feet from the face, water, with or without a wetting

agent, or other no less effective methods approved by the Secretary

or his authorized representative, shall be applied to coal dust on

the ribs, roof, and floor to reduce dispersibility and to minimize

the explosion hazard.

(c) Rock dusting of all areas of underground mines; exceptions

All underground areas of a coal mine, except those areas in which

the dust is too wet or too high in incombustible content to

propagate an explosion, shall be rock dusted to within forty feet

of all working faces, unless such areas are inaccessible or unsafe

to enter or unless the Secretary or his authorized representative

permits an exception upon his finding that such exception will not

pose a hazard to the miners. All crosscuts that are less than forty

feet from a working face shall also be rock dusted.

(d) Distribution of rock dust; places, quantities

Where rock dust is required to be applied, it shall be

distributed upon the top, floor, and sides of all underground areas

of a coal mine and maintained in such quantities that the

incombustible content of the combined coal dust, rock dust, and

other dust shall be not less than 65 per centum, but the

incombustible content in the return aircourses shall be no less

than 80 per centum. Where methane is present in any ventilating

current, the per centum of incombustible content of such combined

dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per

centum of methane where 65 and 80 per centum, respectively, of

incombustibles are required.

(e) Limitation of applicability

Subsections (b) through (d) of this section shall not apply to

underground anthracite mines.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 304, Dec. 30, 1969, 83 Stat. 774.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 861 of this title.

-End-

-CITE-

30 USC Sec. 865 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 22 - MINE SAFETY AND HEALTH

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND

COAL MINES

-HEAD-

Sec. 865. Electrical equipment

-STATUTE-

(a) Allowable equipment; replacements; maintenance; permits for

noncompliance; renewals; limitations; list of electric face

equipment; survey of new and rebuilt equipment; publication of

results

(1) Effective one year after the operative date of this

subchapter -

(A) all junction or distribution boxes used for making multiple

power connections inby the last open crosscut shall be

permissible;

(B) all handheld electric drills, blower and exhaust fans,

electric pumps, and such other low horsepower electric face

equipment as the Secretary may designate within two months after

the operative date of this subchapter which are taken into or

used inby the last open crosscut of any coal mine shall be

permissible;

(C) all electric face equipment which is taken into or used

inby the last open crosscut of any coal mine classified under any

provision of law as gassy prior to the operative date of this

subchapter shall be permissible; and

(D) all other electric face equipment which is taken into or

used inby the last crosscut of any coal mine, except a coal mine

referred to in paragraph (2) of this subsection, which has not

been classified under any provision of law as a gassy mine prior

to the operative date of this subchapter shall be permissible.

(2) Effective four years after the operative date of this

subchapter, all electric face equipment, other than equipment

referred to in paragraph (1)(B) of this subsection, which is taken

into or used inby the last open crosscut of any coal mine which is

operated entirely in coal seams located above the watertable and

which has not been classified under any provision of law as a gassy

mine prior to the operative date of this subchapter and in which

one or more openings were made prior to December 30, 1969, shall be

permissible, except that any operator of such mine who is unable to

comply with the provisions of this paragraph on such effective date

may file with the Panel an application for a permit for

noncompliance ninety days prior to such date. If the Panel

determines, after notice to all interested persons and an

opportunity for a public hearing under section 804 of this title,

that such application satisfies the provisions of paragraph (10) of

this subsection and that such operator, despite his diligent

efforts, will be unable to comply with such provisions, the Panel

may issue to such operator such a permit. Such permit shall entitle

the permittee to an additional extension of time to comply with the

provisions of this paragraph of not to exceed twenty-four months,

as determined by the Panel, from such effective date.

(3) The operator of each coal mine shall maintain in permissible

condition all electric face equipment required by this subsection

to be permissible which is taken into or used inby the last open

crosscut of any such mine.

(4) Each operator of a coal mine shall, within two months after

the operative date of this subchapter, file with the Secretary a

statement listing all electric face equipment by type and

manufacturer being used by such operator in connection with mining

operations in such mine as of the date of such filing, and stating

whether such equipment is permissible and maintained in permissible

condition or is nonpermissible on such date of filing, and, if

nonpermissible, whether such nonpermissible equipment has ever been

rated as permissible, and such other information as the Secretary

may require.

(5) The Secretary shall promptly conduct a survey as to the total

availability of new or rebuilt permissible electric face equipment

and replacement parts for such equipment and, within six months

after the operative date of this subchapter, publish the results of

such survey.

(6) Any operator of a coal mine who is unable to comply with the

provisions of paragraph (1)(D) of this subsection within one year

after the operative date of this subchapter may file with the Panel

an application for a permit for noncompliance. If the Panel

determines that such application satisfies the provisions of

paragraph (10) of this subsection, the Panel shall issue to such

operator a permit for noncompliance. Such permit shall entitle the

permittee to an extension of time to comply with such provisions of

paragraph (1)(D) of not to exceed twelve months, as determined by

the Panel, from the date that compliance with the provisions of

paragraph (1)(D) of this subsection is required.

(7) Any operator of a coal mine issued a permit under paragraph

(6) of this subsection who, ninety days prior to the termination of

such permit, or renewal thereof, determines that he will be unable

to comply with the provisions of paragraph (1)(D) of this

subsection upon the expiration of such permit may file with the

Panel an application for renewal thereof. Upon receipt of such

application, the Panel, if it determines, after notice to all

interested persons and an opportunity for a public hearing under

section 804 of this title, that such application satisfies the

provisions of paragraph (10) of this subsection and that such

operator, despite his diligent efforts, will be unable to comply

with the provisions of paragraph (1)(D), may renew the permit for a

period not exceeding twelve months.

(8) Any permit or renewal thereof issued pursuant to this

subsection shall entitle the permittee to use such nonpermissible

electric face equipment specified in the permit during the term of

such permit.

(9) Permits for noncompliance issued under paragraphs (6) or (7)

of this subsection shall, in the aggregate, not extend the period

of noncompliance more than forty-eight months after December 30,

1969.

(10) Any application for a permit of noncompliance filed under

this subsection shall contain a statement by the operator -

(A) that he is unable to comply with paragraph (1)(D) or

paragraph (2) of this subsection, as appropriate, within the time

prescribed;

(B) listing the nonpermissible electric face equipment being

used by such operator in connection with mining operations in

such mine on the operative date of this subchapter and the date

of the application by type and manufacturer for which a

noncompliance permit is requested and whether such equipment had

ever been rated as permissible;

(C) setting forth the actions taken from and after the

operative date of this subchapter to comply with paragraph (1)(D)

or paragraph (2) of this subsection, as appropriate, together

with a plan setting forth a schedule of compliance with said

paragraphs for each such equipment referred to in such paragraphs

and being used by the operator in connection with mining

operations in such mine with respect to which such permit is

requested and the means and measures to be employed to achieve

compliance; and

(D) including such other information as the Panel may require.

(11) No permit for noncompliance shall be issued under this

subsection for any nonpermissible electric face equipment, unless

such equipment was being used by an operator in connection with the

mining operations in a coal mine on the operative date of this

subchapter.

(12) Effective one year after the operative date of this

subchapter, all replacement equipment acquired for use in any mine

referred to in this subsection shall be permissible and shall be

maintained in a permissible condition, and in the event of any

major overhaul of any item of equipment in use one year from the

operative date of this subchapter such equipment shall be put in,

and thereafter maintained in, a permissible condition, unless, in

the opinion of the Secretary, such equipment or necessary

replacement parts are not available.

(b) Notification of permits

A copy of any permit granted under this section shall be mailed

immediately to a representative of the miners of the mine to which

it pertains, and to the public official or agency of the State

charged with administering State laws relating to coal mine health

and safety in such mine.

(c) Gassy mines; maintenance of equipment

Any coal mine which, prior to the operative date of this

subchapter, was classed gassy under any provision of law and was

required to use permissible electric face equipment and to maintain

such equipment in a permissible condition shall continue to use

such equipment and to maintain such equipment in such condition.

(d) Location of nonpermissible power connection units

All power-connection points, except where permissible power

connection units are used, outby the last open crosscut shall be in

intake air.

(e) Mine map; contents; modifications

The location and the electrical rating of all stationary electric

apparatus in connection with the mine electric system, including

permanent cables, switchgear, rectifying substations, transformers,

permanent pumps and trolley wires and trolley feeder wires, and

settings of all direct-current circuit breakers protecting

underground trolley circuits, shall be shown on a mine map. Any

changes made in a location, electric rating, or setting shall be

promptly shown on the map when the change is made. Such map shall

be available to an authorized representative of the Secretary and

to the miners in such mine.

(f) Repairs; deenergizing of equipment; authorized personnel;

locking out of disconnection devices

All power circuits and electric equipment shall be deenergized

before work is done on such circuits and equipment, except when

necessary for trouble shooting or testing. In addition, energized

trolley wires may be repaired only by a person trained to perform

electrical work and to maintain electrical equipment and the

operator of such mine shall require that such person wear approved

and tested insulated shoes and wireman's gloves. No electrical work

shall be performed on low-, medium-, or high-voltage distribution

circuits or equipment, except by a qualified person or by a person

trained to perform electrical work and to maintain electrical

equipment under the direct supervision of a qualified person.

Disconnecting devices shall be locked out and suitably tagged by

the persons who performed such work, except that, in cases where

locking out is not possible, such devices shall be opened and

suitably tagged by such persons. Locks or tags shall be removed

only by the persons who installed them or, if such persons are

unavailable, by persons authorized by the operator or his agent.

(g) Periodic examinations; maintenance; records; accessibility

All electric equipment shall be frequently examined, tested, and

properly maintained by a qualified person to assure safe operating

conditions. When a potentially dangerous condition is found on

electric equipment, such equipment shall be removed from service

until such condition is corrected. A record of such examinations

shall be kept and made available to an authorized representative of

the Secretary and to the miners in such mine.

(h) Electrical conductors

All electric conductors shall be sufficient in size and have

adequate current-carrying capacity and be of such construction that

a rise in temperature resulting from normal operation will not

damage the insulating materials.

(i) Electrical connections

All electrical connections or splices in conductors shall be

mechanically and electrically efficient, and suitable connectors

shall be used. All electrical connections or splices in insulated

wire shall be reinsulated at least to the same degree of protection

as the remainder of the wire.

(j) Cables and wires; entry through metal frames

Cables shall enter metal frames of motors, splice boxes, and

electric compartments only through proper fittings. When insulated

wires other than cables pass through metal frames the holes shall

be substantially bushed with insulated bushings.

(k) Support of power wires

All power wires (except trailing cables on mobile equipment,

specially designed cables conducting high-voltage power to

underground rectifying equipment or transformers, or bare or

insulated ground and return wires) shall be supported on

well-insulated insulators and shall not contact combustible

material, roof, or ribs.

(g742l) Insulation of power wires; exceptions

Power wires and cables, except trolley wires, trolley feeder

wires, and bare signal wires, shall be insulated adequately and

fully protected.

(m) Circuit breakers; overload protection for three-phase motors

Automatic circuit-breaking devices or fuses of the correct type

and capacity shall be installed so as to protect all electric

equipment and circuits against short circuit and overloads.

Three-phase motors on all electric equipment shall be provided with

overload protection that will deenergize all three phases in the

event that any phase is overloaded.

(n) Disconnecting switches for main power circuits; location and

installation

In all main power circuits, disconnecting switches shall be

installed underground within five hundred feet of the bottoms of

shafts and boreholes through which main power circuits enter the

underground area of the mine and within five hundred feet of all

other places where main power circuits enter the underground area

of the mine.

(g742o) Switches

All electric equipment shall be provided with switches or other

controls that are safely designed, constructed, and installed.

(p) Lightning arresters

Each ungrounded, exposed power conductor that leads underground

shall be equipped with suitable lightning arresters of approved

type within one hundred feet of the point where the circuit enters

the mine. Lightning arresters shall be connected to a low

resistance grounding medium on the surface which shall be separated

from neutral grounds by a distance of not less than twenty-five

feet.

(q) Nonapproved devices

No device for the purpose of lighting any coal mine which has not

been approved by the Secretary or his authorized representative

shall be permitted in such mine.

(r) Deenergizing of electric face equipment

An authorized representative of the Secretary may require in any

mine that electric face equipment be provided with devices that

will permit the equipment to be deenergized quickly in the event of

an emergency.

-SOURCE-

(Pub. L. 91-173, title III, Sec. 305, Dec. 30, 1969, 83 Stat. 775.)

-REFTEXT-

REFERENCES IN TEXT

For the operative date of this subchapter, referred to in

subsecs. (a)(1), (2), (4) to (6), (10)(B), (C), (11), (12), and

(c), see section 509 of Pub. L. 91-173, set out as an Effective

Date note under section 801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 861, 863, 878 of this

title.

-End-