-CITE- 30 USC CHAPTER 22 - MINE SAFETY AND HEALTH 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 22 - MINE SAFETY AND HEALTH -HEAD- CHAPTER 22 - MINE SAFETY AND HEALTH -MISC1- 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; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations. -End- -CITE- 30 USC Sec. 801 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out 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. -End- -CITE- 30 USC SUBCHAPTER I - GENERAL 01/02/2006 -EXPCITE- TITLE 30 - MINERAL LANDS AND MINING CHAPTER 22 - MINE SAFETY AND HEALTH SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 30 USC Sec. 811 01/02/2006 -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. -End- -CITE- 30 USC Sec. 812 01/02/2006 -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. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out 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. -End- -CITE- 30 USC Sec. 813 01/02/2006 -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. -FOOTNOTE- (!1) So in original. Probably should be "representative". -End- -CITE- 30 USC Sec. 814 01/02/2006 -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