30 USC Ch. 22: Front Matter
From Title 30-MINERAL LANDS AND MININGCHAPTER 22-MINE SAFETY AND HEALTH
Jump To: Miscellaneous
CHAPTER 22-MINE SAFETY AND HEALTH
Sec.
801.
Congressional findings and declaration of purpose.
802.
Definitions.
803.
Mines subject to coverage.
804.
Interim Compliance Panel.
(a)
Establishment; composition.
(b)
Compensation; travel and subsistence expenses.
(c)
Cooperation of Federal agencies.
(d)
Quorum; voting; selection of chairman.
(e)
Appointment of administrative law judges; provisions applicable.
(f)
Functions; hearings; notice and review; termination; annual report.
SUBCHAPTER I-GENERAL
811.
Mandatory safety and health standards.
(a)
Development, promulgation, and revision.
(b)
Emergency temporary mandatory standards.
(c)
Modification of standards.
(d)
Judicial review.
(e)
Distribution of copies of proposed standards or regulations.
812.
Advisory committees.
(a)
Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest.
(b)
Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest.
(c)
Additional advisory committees; chairman; conflicts of interest.
(d)
Compensation; travel and subsistence expenses.
813.
Inspections, investigations, and recordkeeping.
(a)
Purposes; advance notice; frequency; guidelines; right of access.
(b)
Notice and hearing; subpoenas; witnesses; contempt.
(c)
Records of employee exposure to toxic materials or harmful physical agents; undue exposure.
(d)
Accident investigations; records.
(e)
Collecting information without unreasonable burden on operators.
(f)
Participation of representatives of operators and miners in inspections.
(g)
Immediate inspection; notice of violation or danger; determination.
(h)
Records and reports; compilation and publication; availability.
(i)
Spot inspections.
(j)
Accident notification; rescue and recovery activities.
(k)
Safety orders; recovery plans.
814.
Citations and orders.
(a)
Issuance and form of citations; prompt issuance.
(b)
Follow-up inspections; findings.
(c)
Exempt persons.
(d)
Findings of violations; withdrawal order.
(e)
Pattern of violations; abatement; termination of pattern.
(f)
Respirable dust concentrations; dust control person or team.
(g)
Untrained miners.
(h)
Duration of citations and orders.
815.
Procedure for enforcement.
(a)
Notification of civil penalty; contest.
(b)
Failure of operator to correct violation; notification; contest; temporary relief.
(c)
Discrimination or interference prohibited; complaint; investigation; determination; hearing.
(d)
Contest proceedings; hearing; findings of fact; affirmance, modification, or vacatur of citation, order, or proposed penalty; procedure before Commission.
816.
Judicial review of Commission orders.
(a)
Petition by person adversely affected or aggrieved; temporary relief.
(b)
Petition by Secretary for review or enforcement of final Commission orders.
(c)
Stay of order or decision of Commission or Panel.
817.
Procedures to counteract dangerous conditions.
(a)
Withdrawal orders.
(b)
Notice to mine operators; further investigation; findings and decision by Secretary.
(c)
Form and content of orders.
(d)
Findings; duration of orders.
(e)
Reinstatement, modification, and vacatur of orders.
818.
Injunctions.
(a)
Civil action by Secretary.
(b)
Jurisdiction; relief; findings of Commission or Secretary.
819.
Posting of orders and decisions.
(a)
Mine office; bulletin board.
(b)
Distribution of orders, citations, notices, and decisions.
(c)
Compliance.
(d)
Filing; designation of health and safety officers.
820.
Penalties.
(a)
Civil penalty for violation of mandatory health or safety standards.
(b)
Civil penalty for failure to correct violation for which citation has been issued.
(c)
Liability of corporate directors, officers, and agents.
(d)
Criminal penalties.
(e)
Unauthorized advance notice of inspections.
(f)
False statements, representations, or certifications.
(g)
Violation by miners of safety standards relating to smoking.
(h)
Equipment falsely represented as complying with statute, specification, or regulations.
(i)
Authority to assess civil penalties.
(j)
Payment of penalties; interest.
(k)
Compromise, mitigation, and settlement of penalty.
(l)
Inapplicability to black lung benefit provisions.
821.
Entitlement of miners to full compensation.
822.
Representation of Secretary in civil litigation by Solicitor of Labor.
823.
Federal Mine Safety and Health Review Commission.
(a)
Establishment; membership; chairman.
(b)
Terms; personnel; administrative law judges.
(c)
Delegation of powers.
(d)
Proceedings before administrative law judge; administrative review.
(e)
Witnesses and evidence; subpoenas; contempt.
823a.
Principal office in District of Columbia; proceedings held elsewhere.
824.
Authorization of appropriations.
825.
Mandatory health and safety training.
(a)
Approved program; regulations.
(b)
Training compensation.
(c)
Certificate.
(d)
Standards.
(e)
Proposed regulations.
SUBCHAPTER II-INTERIM MANDATORY HEALTH STANDARDS
841.
Mandatory health standards for underground mines; enforcement; review; purpose.
842.
Dust concentration and respiratory equipment.
(a)
Samples; procedures; transmittal; notice of excess concentration; periodic reports to Secretary; contents.
(b)
Standards; noncompliance permit; renewal; procedures; limitations; extension period.
(c)
Applications for noncompliance; contents.
(d)
Promulgation of new standards; procedures.
(e)
Concentration of respirable dust.
(f)
Average concentration.
(g)
Compliance inspections.
(h)
Maintenance of respiratory equipment; substitutes for environmental controls.
843.
Medical examinations.
(a)
Chest roentgenogram; availability; periodic intervals; other tests; transmittal of results; advice of rights.
(b)
Evidence of pneumoconiosis; option to transfer; wages.
(c)
Costs of examinations and tests.
(d)
Autopsies.
844.
Rock dust and gas hazards; controls.
845.
Dust standards in presence of quartz.
846.
Noise standards; promulgation of new standards; tests; procedures; protective devices.
SUBCHAPTER III-INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND COAL MINES
861.
Mandatory safety standards for underground mines.
(a)
Coverage; enforcement; review.
(b)
Purpose; initiation of studies and research.
862.
Roof support.
(a)
Roof control plan; contents; review; availability.
(b)
Creation of dangers by roof falls.
(c)
Location and supply of roof support material; safety devices for roof work.
(d)
Roof bolts.
(e)
Recovery of roof bolts.
(f)
Safety inspections; correction of dangerous conditions.
863.
Ventilation.
(a)
Equipment; approval; daily examinations.
(b)
Standards for air in work areas.
(c)
Line brattice; functions; exceptions; repairs; flame resistant material.
(d)
Pre-shift examinations and tests; scope; violations of mandatory standards; notification; posting of "DANGER" signs; restriction of entry; records; re-entry.
(e)
Daily examinations and tests; scope; imminent danger; withdrawal of persons; abatement of danger.
(f)
Weekly examination for hazardous conditions; scope; notification; repairs; imminent danger; withdrawal of persons; abatement; records.
(g)
Weekly ventilation examinations; scope; records.
(h)
Methane examinations at working place; periodic intervals; standards; procedures for different air contents of methane.
(i)
Methane examination of air returning from working section; periodic intervals; standards; procedures for different air contents; virgin territory.
(j)
Abandoned area air; pre-shift examination.
(k)
Abandoned area air; inaccessible or unsafe for inspection; air from where pillars have been removed.
(l)
Methane monitors; required equipment; maintenance; warnings; deenergizing of equipment.
(m)
Idle area inspections; authorized inspectors.
(n)
Intentional roof falls; prior inspections; safeguards.
(o)
Methane and dust control plans; contents.
(p)
Devices for detection of methane and oxygen deficiency; maintenance.
(q)
Pillar recovery; areas without bleeder systems.
(r)
Overcast and undercast intake air split requirements; time extension.
(s)
Blasting; prior and subsequent examinations for methane.
(t)
Mine fan stop plans; requisites.
(u)
Modifications affecting main air current or any split; withdrawal of personnel; removal of power.
(v)
Reading and countersigning of daily and weekly reports; foreman; superintendent.
(w)
Daily mine condition reports; requisites; signatures.
(x)
Reopening of abandoned or declared inactive mine; notification; inspection.
(y)
Separation of intake and return aircourses from belt haulage entries; standards.
(z)
Pillar extractions; bleeder systems and sealing requirements; standards.
864.
Combustible materials and rock dusting.
(a)
Accumulations; maintenance.
(b)
Abatement of hazards in active working areas.
(c)
Rock dusting of all areas of underground mines; exceptions.
(d)
Distribution of rock dust; places, quantities.
(e)
Limitation of applicability.
865.
Electrical equipment.
(a)
Allowable equipment; replacements; maintenance; permits for noncompliance; renewals; limitations; list of electric face equipment; survey of new and rebuilt equipment; publication of results.
(b)
Notification of permits.
(c)
Gassy mines; maintenance of equipment.
(d)
Location of nonpermissible power connection units.
(e)
Mine map; contents; modifications.
(f)
Repairs; deenergizing of equipment; authorized personnel; locking out of disconnection devices.
(g)
Periodic examinations; maintenance; records; accessibility.
(h)
Electrical conductors.
(i)
Electrical connections.
(j)
Cables and wires; entry through metal frames.
(k)
Support of power wires.
(l)
Insulation of power wires; exceptions.
(m)
Circuit breakers; overload protection for three-phase motors.
(n)
Disconnecting switches for main power circuits; location and installation.
(o)
Switches.
(p)
Lightning arresters.
(q)
Nonapproved devices.
(r)
Deenergizing of electric face equipment.
866.
Trailing cables.
(a)
Requirements established for flame resistant cables.
(b)
Circuit breakers; markings and visual observation of position of disconnection devices.
(c)
Distribution center junctions; safety connections.
(d)
Temporary splices; usable period; exceptions; quality.
(e)
Permanent splices; quality.
(f)
Clamping of cables.
(g)
Making and breaking of connections to junction boxes.
867.
Grounding of equipment.
(a)
Metallic enclosed power conductors; metallic frames and other equipment; methods.
(b)
Frames of offtrack direct current machines; enclosures of related detached components.
(c)
Stationary high-voltage equipment powered by underground delta systems.
(d)
Repairs of high-voltage lines; exceptions.
(e)
Deenergizing of underground power circuits on idle days; exceptions.
868.
Underground high-voltage distribution.
(a)
Circuits entering underground areas of mines; circuit breakers.
(b)
Circuits extending underground and supplying equipment; direct neutral grounds; ground conductors for frames, exceptions; location of disconnection devices, exceptions.
(c)
Grounding resistors.
(d)
Inclusion of fail safe ground check circuits in resistance grounded systems; operative functions; time extension.
(e)
Underground cables used in resistance grounded systems; metallic shields for power conductors; standards; splices.
(f)
Couplers for power circuits; guidelines for construction.
(g)
Connections of single-phase loads.
(h)
Installation of underground transmission cables.
(i)
Disconnection devices; location; visual observation of position of switch.
(j)
Circuit breakers and disconnection devices; markings.
(k)
Splices in cables used as trailing cables; terminations and splices in other cables.
(l)
Grounding of frames of underground equipment.
(m)
Moving of power centers, transformers, and cables; deenergizing; exceptions; safety guidelines; record of examinations.
869.
Underground low- and medium-voltage alternating current circuits.
(a)
Circuits providing power for three-phase equipment; circuit breakers.
(b)
Circuits used underground; direct neutral grounds; ground conductors for frames; exceptions; grounding resistors.
(c)
Inclusion of fail safe ground check circuits in resistance ground systems; operative functions; time extension; couplers for power circuits; guidelines for construction.
(d)
Disconnecting devices installed in conjunction with circuit breakers; purpose; trailing cables for mobile equipment; guidelines for construction; time extension; splices.
(e)
Connections of single phase loads.
(f)
Circuit breakers; markings.
(g)
Trailing cables for medium voltage circuits; guidelines for construction.
870.
Trolley wires and trolley feeder wires.
(a)
Intervals for cutoff switches.
(b)
Overcurrent protection devices.
(c)
Location of wires.
(d)
Adequate insulation and guard devices; promulgation of safety guidelines.
871.
Fire protection.
(a)
Firefighting equipment; promulgation of minimum requirements for equipment; existing requirements; examinations after blasting.
(b)
Underground storage areas for lubricating oils and greases; construction; exceptions.
(c)
Housing of underground structures, stations, shops, and pumps; construction; ventilation.
(d)
Use of arc or flame in underground mines; fireproof enclosures; operations outside fireproof enclosures; procedures; standards.
(e)
Installation of fire suppression devices on unattended underground equipment; flame-resistant hydraulic fluids.
(f)
Deluge-type water sprays at main and secondary drives.
(g)
Installation of slippage and sequence switches on belt conveyors; fire suppression devices on belt haulageways.
(h)
Flame-resistant conveyor belt.
872.
Maps.
(a)
Fireproof repository; contents; certification.
(b)
Availability for inspection; confidential copies.
(c)
Notification of mine closures; filing of revised and supplemental map; certification.
873.
Blasting and explosives.
(a)
Limitations on storage and use of black powder and mudcaps.
(b)
Storage of explosives and detonators; mudcaps in anthracite mines; restrictions; tests.
(c)
Permissible explosives, detonators, and devices; firing; stem boreholes; nonpermissible explosives; compressed air blasting.
(d)
Container construction for carrying explosives or detonators in underground mines.
(e)
Transportation of explosives or detonators in underground mines.
(f)
Storage of explosives and detonators in working sections of underground mines; containers; locations.
(g)
Location of explosive and detonator containers in working places of underground mines.
874.
Hoisting and mantrips.
(a)
Transporting of persons; required equipment and capabilities; safety catches; daily examinations; operators.
(b)
Promulgation of other safeguards.
(c)
Rated capacities; indicator for position of cage.
(d)
Methods for signaling between shaft stations and hoist rooms.
(e)
Braking equipment for haulage cars used in underground mines.
(f)
Automatic couplers for haulage equipment.
875.
Emergency shelters; construction; contents; implementation plans.
876.
Communication facilities; locations.
877.
General safety provisions.
(a)
Location of oil and gas wells; establishment and maintenance of barriers; minimum requisites; exceptions.
(b)
Boreholes in advance of work face; distance in advance of work face; distance between boreholes.
(c)
Prohibition against smoking; implementation programs.
(d)
Portable electric lamps; exceptions.
(e)
Promulgation of lighting standards.
(f)
Escapeways; ventilation; maintenance; tests of passageways; protection of entrance; connection between mine openings.
(g)
Erection of fireproof structures; prior existing structures; fire doors; monthly tests; records; availability.
(h)
Prevention of accumulations of coal dust and methane gas; surface coal-handling facilities; air-intake openings.
(i)
Training programs.
(j)
Electric face equipment; installation of canopies.
(k)
Mine entrances; sealing; prevention of entry by unauthorized personnel.
(l)
Facilities for changing and storing clothes; toilet and bathing facilities.
(m)
Emergency medical assistance preparations; locations for medical equipment; filing of implementation plans.
(n)
Self-rescue device; training of personnel.
(o)
Methods of eliminating oxygen deficiencies.
(p)
Identification check system; records.
(q)
Installation of devices to prevent and suppress ignition on electric cutting face equipment.
(r)
Tunnelling under water; permits; contents; necessity; safety zones; restrictions.
(s)
Drinking water.
(t)
Standards for prevention of explosions from nonmethane gases and for testing for accumulations.
878.
Definitions.
SUBCHAPTER IV-BLACK LUNG BENEFITS
Part A-General Provisions
901.
Congressional findings and declaration of purpose; short title.
902.
Definitions.
903.
Field offices.
904.
Information to potential beneficiaries of changes made by Black Lung Benefits Reform Act of 1977.
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.
Notification to miners of eligibility for medical services and supplies; period for filing claim.
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)
Annual report to Congress.
(i)
Authorization of appropriations.
944.
Statement of reasons for denial of claim.
945.
Review of claims pending on, or denied on or before, March 1, 1978.
(a)
Notification to claimants; review by Commissioner of Social Security taking into account amendments made by Black Lung Benefits Reform Act of 1977; referral.
(b)
Review by Secretary of Labor.
(c)
Award of benefits on retroactive basis.
SUBCHAPTER V-ADMINISTRATIVE PROVISIONS
951.
Studies and research.
(a)
Appropriate projects.
(b)
Responsibility for carrying out prescribed activities.
(c)
Contracting with and grants to public and private agencies; availability of information; exceptions.
(d)
Prevention of diseases affecting persons working with mine products.
(e)
Authorization of appropriations.
(f)
Exceptions to mandatory health and safety standards for improving techniques and equipment.
(g)
Grants for research and development of respiratory equipment.
951a.
Health, Safety, and Mining Technology Research Program.
(a)
Health, Safety, and Mining Technology Research Plan.
(b)
Technical amendment.
952.
Training and education.
(a)
Programs for operators, agents, and miners.
(b)
Technical assistance to operators.
(c)
National Mine Health and Safety Academy.
953.
Assistance to States.
(a)
Development and enforcement of health and safety regulations; improvement of workmen's compensation and occupational disease laws; promotion of Federal-State coordination in mine safety.
(b)
Application for grants; contents.
(c)
Approval by Secretary; notice and hearing.
(d)
Review by Court of Appeals; conclusiveness of findings of Secretary; filing of petition.
(e)
Programs to train State inspectors.
(f)
Cooperation in implementation of programs; exchange of reports between States.
(g)
Limitation on grants.
(h)
Authorization of appropriations.
954.
Appointment of administrative personnel and inspectors; qualifications; training programs.
955.
State laws.
956.
Applicability of administrative procedure provisions.
957.
Promulgation of regulations.
958.
Annual reports to Congress; contents.
959.
Study of coordination of Federal and State activities; report.
960.
Limitation on issuance of temporary restraining order or preliminary injunction.
961.
Functions transferred under 1977 amendments.
(a)
Transfer of functions to Secretary of Labor.
(b)
Existing mandatory standards; review by advisory committee; recommendations.
(c)
Unexpended appropriations; personnel; property; records; obligations; commitments; savings provisions; pending proceedings and suits.
(d)
"Function" defined.
(e)
Determinations by Director of Office of Management and Budget.
962.
Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; use of funds for costs of mine rescue and survival operations.
Chapter Referred to in Other Sections
This chapter is referred to in sections 961, 1211, 1266, 1292 of this title; title 29 section 557a; title 31 section 1105; title 42 section 6211.