Federal Mine Safety & Health Act of 1977 (MINE ACT) 

Pub. L. No. 95-164 (Nov. 9, 1977), as amended 

[30 U.S.C. §§ 801 et seq.] * 

Includes amendments made by the 

Mine Improvement and New Emergency Response Act of 2006 (MINER 

ACT), Pub. L. No. 109-236 (June 15, 2006) 

An Act to provide for the protection of the health and 

safety of persons working in the coal mining industry of the 

United States, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That this Act 

may be cited as the "Federal Mine Safety and Health Act of 1977." 

FINDINGS AND PURPOSE 

SEC. 2 [§ 801]. 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 

* This document was prepared within the Office of the 

Solicitor, Division of Mine Safety and Health, Department of 

Labor (April 2016). Do not use this document as a legal 

citation to authority. 

Corresponding Title 30, U.S.C. citations are noted in 

brackets [§]. 

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(g) it is the purpose of this Act (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. 

DEFINITIONS 

SEC. 3 [§ 802]. For the purpose of this Act, 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 

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making a determination of what constitutes mineral milling for 

purposes of this Act, 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 titles II, III, and IV, "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; 

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

mandatory health or safety standards established by titles II and 

III of this Act, and the standards promulgated pursuant to title 

I of this Act; 

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

this Act; 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. 

MINES SUBJECT TO ACT 

SEC. 4 [§ 803]. 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 Act. 

INTERIM COMPLIANCE PANEL 

SEC. 5 [§ 804]. (a) 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; 

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(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) 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) 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 Act. 

(d) 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) 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 Act. The 

provisions applicable to administrative law judges appointed 

under section 3105 of title 5 of the United States Code shall be 

applicable to administrative law judges appointed pursuant to 

this subsection. 

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

duties imposed on it pursuant to this Act 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 106 of this Act [30 § 

U.S.C. 816]. The provisions of this section shall terminate upon 

completion of the Panel's functions as set forth under this Act. 

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 of the United States Code. 

(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. 

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TITLE I--GENERAL 

MANDATORY SAFETY AND HEALTH STANDARDS 

SEC. 101 [§ 811]. (a) The Secretary shall by rule in 

accordance with procedures set forth in this section and in 

accordance with section 553 of title 5, United States Code 

(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 

Act, the Secretary may request the recommendation of an advisory 

committee appointed under section 102(c) [30 U.S.C. § 812(c)]. 

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 

102(c) 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 

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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 

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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 the date of enactment of the Federal Mine 

Safety and Health Amendments Act of 1977 [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 

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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 title shall reduce the protection afforded miners by 

an existing mandatory health or safety standard. 

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

requirements of chapter 5, title 5, United States Code, 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 section 101(a), 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) 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 

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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 

of the United States Code. 

(d) 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) 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. 

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ADVISORY COMMITTEES 

SEC. 102 [§ 812]. (a)(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 con sent 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)(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 

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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) 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 

Act. 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) Advisory committee members, other than officers or 

employees of Federal, State, or local governments, shall be, for 

each day (including travel time) 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 of the United States Code, 

and shall, notwithstanding the limitations of sections 5703 and 

5704 of title 5 of the United States Code, be fully reimbursed 

for travel, subsistence, and related expenses. 

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING 

SEC. 103 [§ 813]. (a) 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 title or other requirements of this Act. 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 Act, 

and his experience under this Act and other health and safety 

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laws. For the purpose of making any inspection or investigation 

under this Act, the Secretary, or the Secretary of Health and 

Human Services, with respect to fulfilling his responsibilities 

under this Act, 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) 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) 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 Act. 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 101 [30 U.S.C. § 811], 

or mandated under title II, and shall inform any miner who is 

being thus exposed of the corrective action being taken. 

(d) 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) Any information obtained by the Secretary or by the 

Secretary of Health and Human Services under this Act shall be 

12 
 

 

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 Act. Unnecessary 

duplication of effort in obtaining information shall be reduced 

to the maximum extent feasible. 

(f) 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), 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 Act. 

(g)(1) Whenever a representative 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 Act 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 title. 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 

13 
responsible for conducting the inspection, in writing, of any 

violation of this Act 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) In addition to such records as are specifically required 

by this Act, 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 Act. 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 Act, all 

records, information, reports, findings, citations, notices, 

orders, or decisions required or issued pursuant to or under this 

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

interested person, and shall be made available for public 

inspection. 

(i) 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) 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. For purposes of the preceding sentence, the notification 

required shall be provided by the operator within 15 minutes of 

the time at which the operator realizes that the death of an 

14 
 

individual at the mine, or an injury or entrapment of an 

individual at the mine which has a reasonable potential to cause 

death, has occurred. 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) 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. 

CITATIONS AND ORDERS 

SEC. 104 [§ 814]. (a) If, upon inspection or investigation, 

the Secretary or his authorized representative believes that an 

operator of a coal or other mine subject to this Act has violated 

this Act, or any mandatory health or safety standard, rule, 

order, or regulation promulgated pursuant to this Act, 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 Act, 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 Act. 

(b) 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) 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), 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) 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 

15 
 

 

 

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)(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 Act. 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) 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)(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 

16 
 

 

 

requiring the operator to cause all persons in the area affected 

by such violation, except those persons referred to in subsection 

(c), 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) If, based upon samples taken, analyzed, and recorded 

pursuant to section 202(a) [30 U.S.C. § 842(a)], 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 Act 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 

202(a) 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), 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 

17 
 

 

 

 

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

section 103 of this Act [30 U.S.C. § 813], 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 115 of this Act [30 U.S.C. § 825], 

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 115 of this Act. 

(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) 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 105 or 106 [30 U.S.C. §§ 815, 816]. 

PROCEDURE FOR ENFORCEMENT 

SEC. 105 [§ 815]. (a) If, after an inspection or 

investigation, the Secretary issues a citation or order under 

section 104 [30 U.S.C. § 814], he shall, within a reasonable time 

after the termination of such inspection or investigation, notify 

the operator by certified mail of the civil penalty proposed to 

be assessed under section 110(a) [30 U.S.C. § 820(a)] for the 

violation cited and that the operator has 30 days with in which 

to notify the Secretary that he wishes to contest the citation or 

proposed assessment of penalty. A copy of such notification shall 

be sent by mail to the representative of miners in such mine. If, 

within 30 days from the receipt of the notification issued by the 

Secretary, the operator fails to notify the Secretary that he 

intends to contest the citation or the proposed assessment of 

penalty, and no notice is filed by any miner or representative of 

miners under subsection (d) of this section within such time, the 

citation and the proposed assessment of penalty shall be deemed a 

final order of the Commission and not subject to review by any 

court or agency. Refusal by the operator or his agent to accept 

18 
 

 

 

 

 

certified mail containing a citation and proposed assessment of 

penalty under this subsection shall constitute receipt thereof 

within the meaning of this subsection. 

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

operator has failed to correct a violation for which a citation 

has been issued within the period permitted for its correction, 

the Secretary shall notify the operator by certified mail of such 

failure and of the penalty proposed to be assessed under section 

110(b) [30 U.S.C. § 820(b)] by reason of such failure and that 

the operator has 30 days within which to notify the Secretary 

that he wishes to contest the Secretary's notification of the 

proposed assessment of penalty. A copy of such notification of 

the proposed assessment of penalty shall at the same time be sent 

by mail to the representative of the mine employees. If, within 

30 days from the receipt of notification of proposed assessment 

of penalty issued by the Secretary, the operator fails to notify 

the Secretary that he intends to contest the notification of 

proposed assessment of penalty, such notification shall be deemed 

a final order of the Commission and not subject to review by any 

court or agency. Refusal by the operator or his agent to accept 

certified mail containing a notification of proposed assessment 

of penalty issued under this subsection shall constitute receipt 

thereof within the meaning of this subsection. 

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

assessed under section 110(b) [30 U.S.C. § 820(b)], the Secretary 

shall consider the operator's history of previous violations, the 

appropriateness of such penalty to the size of the business of 

the operator charged, whether the operator was negligent, the 

effect on the operator's ability to continue in business, the 

gravity of the violation, and the demonstrated good faith of the 

operator charged in attempting to achieve rapid compliance after 

notification of a violation. 

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

request that the Commission grant temporary relief from any 

modification or termination of any order or from any order issued 

under section 104 [30 U.S.C. § 814] together with a detailed 

statement giving the reasons for granting such relief. The 

Commission may grant such relief under such conditions as it may 

prescribe, if –

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

given an opportunity to be heard; 

(B) the applicant shows that there is substantial 

likelihood that the findings of the Commission will be 

favorable to the applicant; and 

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

safety of miners. No temporary relief shall be granted in the 

case of a citation issued under subsection (a) or (f) of 

section 104 [30 U.S.C. § 814(a), (f)]. The Commission shall 

provide a procedure for expedited consideration of 

applications for temporary relief under this paragraph. 

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

against or cause to be discharged or cause discrimination against 

or otherwise interfere with the exercise of the statutory rights 

of any miner, representative of miners or applicant for 

19 
 

 

employment in any coal or other mine subject to this Act because 

such miner, representative of miners or applicant for employment 

has filed or made a complaint under or related to this Act, 

including a complaint notifying the operator or the operator's 

agent, or the representative of the miners at the coal or other 

mine of an alleged danger or safety or health violation in a coal 

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

applicant for employment is the subject of medical evaluations 

and potential transfer under a standard published pursuant to 

section 101 [30 U.S.C. § 811] or because such miner, 

representative of miners or applicant for employment has 

instituted or caused to be instituted any proceeding under or 

related to this Act or has testified or is about to testify in 

any such proceeding, or because of the exercise by such miner, 

representative of miners or applicant for employment on behalf of 

himself or others of any statutory right afforded by this Act. 

(2) Any miner or applicant for employment or representative 

of miners who believes that he has been discharged, interfered 

with, or otherwise discriminated against by any person in 

violation of this subsection may, within 60 days after such 

violation occurs, file a complaint with the Secretary alleging 

such discrimination. Upon receipt of such complaint, the 

Secretary shall forward a copy of the complaint to the respondent 

and shall cause such investigation to be made as he deems 

appropriate. Such investigation shall commence within 15 days of 

the Secretary's receipt of the complaint, and if the Secretary 

finds that such complaint was not frivolously brought, the 

Commission, on an expedited basis upon application of the 

Secretary, shall order the immediate reinstatement of the miner 

pending final order on the complaint. If upon such investigation, 

the Secretary determines that the provisions of this subsection 

have been violated, he shall immediately file a complaint with 

the Commission, with service upon the alleged violator and the 

miner, applicant for employment, or representative of miners 

alleging such discrimination or interference and propose an order 

granting appropriate relief. The Commission shall afford an 

opportunity for a hearing; (in accordance with section 554 of 

title 5, United States Code, but without regard to subsection 

(a)(3) of such section) and thereafter shall issue an order, 

based upon findings of fact, affirming, modifying, or vacating 

the Secretary's proposed order, or directing other appropriate 

relief. Such order shall become final 30 days after its issuance. 

The Commission shall have authority in such proceedings to 

require a person committing a violation of this subsection to 

take such affirmative action to abate the violation as the 

Commission deems appropriate, including, but not limited to, the 

rehiring or reinstatement of the miner to his former position 

with back pay and interest. The complaining miner, applicant, or 

representative of miners may present additional evidence on his 

own behalf during any hearing held pursuant to this paragraph. 

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

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

miner, applicant for employment, or representative of miners of 

his determination whether a violation has occurred. If the 

20 
Secretary, upon investigation, determines that the provisions of 

this subsection have not been violated, the complainant shall 

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

determination, to file an action in his own behalf before the 

Commission, charging discrimination or interference in violation 

of paragraph (1). The Commission shall afford an opportunity for 

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

States Code, but without regard to subsection (a)(3) of such 

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

findings of fact, dismissing or sustaining the complainant's 

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

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

requiring the rehiring or reinstatement of the miner to his 

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

be appropriate. Such order shall become final 30 days after its 

issuance. Whenever an order is issued sustaining the 

complainant's charges under this subsection, a sum equal to the 

aggregate amount of all costs and expenses (including attorney's 

fees) as determined by the Commission to have been reasonably 

incurred by the miner, applicant for employment or representative 

of miners for, or in connection with, the institution and 

prosecution of such proceedings shall be assessed against the 

person committing such violation. Proceedings under this section 

shall be expedited by the Secretary and the Commission. Any order 

issued by the Commission under this paragraph shall be subject to 

judicial review in accordance with section 106 [30 U.S.C. § 816]. 

Violations by any person of paragraph (1) shall be subject to the 

provisions of sections 108 [30 U.S.C. § 818] and 110(a) [30 

U.S.C. § 820(a)]. 

(d) If, within 30 days of receipt thereof, an operator of a 

coal or other mine notifies the Secretary that he intends to 

contest the issuance or modification of an order issued under 

section 104 [30 U.S.C. § 814], or citation or a notification of 

proposed assessment of a penalty issued under subsection (a) or 

(b) of this section, or the reasonableness of the length of 

abatement time fixed in a citation or modification thereof issued 

under section 104, or any miner or representative of miners 

notifies the Secretary of an intention to contest the issuance, 

modification, or termination of any order issued under section 

104, or the reasonableness of the length of time set for 

abatement by a citation or modification thereof issued under 

section 104, the Secretary shall immediately advise the 

Commission of such notification, and the Commission shall afford 

an opportunity for a hearing (in accordance with section 554 of 

title 5, United States Code, but without regard to subsection 

(a)(3) of such section), and thereafter shall issue an order, 

based on findings of fact, affirming, modifying, or vacating the 

Secretary's citation, order, or proposed penalty, or directing 

other appropriate relief. Such order shall become final 30 days 

after its issuance. The rules of procedure prescribed by the 

Commission shall provide affected miners or representatives of 

affected miners an opportunity to participate as parties to 

hearings under this section. The Commission shall take whatever 

action is necessary to expedite proceedings for hearing appeals 

21 
 

 

of orders issued under section 104. 

JUDICIAL REVIEW 

SEC. 106 [§ 816]. (a)(1) Any person adversely affected or 

aggrieved by an order of the Commission issued under this Act may 

obtain a review of such order in any United States court of 

appeals for the circuit in which the violation is alleged to have 

occurred or in the United States Court of Appeals for the 

District of Columbia Circuit, by filing in such court within 30 

days following the issuance of such order a written petition 

praying that the order be modified or set aside. A copy of such 

petition shall be forthwith transmitted by the clerk of the court 

to the Commission and to the other parties, and thereupon the 

Commission shall file in the court the record in the proceeding 

as provided in section 2112 of title 28, United States Code. Upon 

such filing, the court shall have exclusive jurisdiction of the 

proceeding and of the questions determined therein, and shall 

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

and proceedings set forth in such record a decree affirming, 

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

the Commission and enforcing the same to the extent that such 

order is affirmed or modified. No objection that has not been 

urged before the Commission shall be considered by the court, 

unless the failure or neglect to urge such objection shall be 

excused because of extraordinary circumstances. The findings of 

the Commission with respect to questions of fact, if supported by 

substantial evidence on the record considered as a whole, shall 

be conclusive. If any party shall apply to the court for leave to 

adduce additional evidence and shall show to the satisfaction of 

the court that such additional evidence is material and that 

there were reasonable grounds for the failure to adduce such 

evidence in the hearing before the Commission, the court may 

order such additional evidence to be taken before the Commission 

and to be made a part of the record. The Commission may modify 

its findings as to the facts, or make new findings, by reason of 

additional evidence so taken and filed, and it shall file such 

modified or new findings, which findings with respect to 

questions of fact, if supported by substantial evidence on the 

record considered as a whole, shall be conclusive. The Commission 

may modify or set aside its original order by reason of such 

modified or new findings of fact. Upon the filing of the record 

after such remand proceedings, the jurisdiction of the court 

shall be exclusive and its judgment and decree shall be final, 

except that the same shall be subject to review by the Supreme 

Court of the United States, as provided in section 1254 of title 

28, United States Code. 

(2) In the case of a proceeding to review any order or 

decision issued by the Commission under this Act, except an order 

or decision pertaining to an order issued under section 107(a) 

[30 U.S.C. § 817(a)] or an order or decision pertaining to a 

citation issued under section 104(a) or (f) [30 U.S.C. § 814(a), 

(f)], the court may, under such conditions as it may prescribe, 

22 
 

 

 

 

 

 

grant such temporary relief as it deems appropriate pending final 

determination of the proceeding, if 

(A) all parties to the proceeding have been notified and 

given an opportunity to be heard on a request for temporary 

relief; 

(B) the person requesting such relief shows that there 

is a substantial likelihood that he will prevail on the merits 

of the final determination of the proceeding; and 

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

safety of miners in the coal or other mine. 

(3) In the case of a proceeding to review any order or 

decision issued by the Panel under this Act, the court may, under 

such conditions as it may prescribe, grant such temporary relief 

as it deems appropriate pending final determination of the 

proceeding, if—

(A) all parties to the proceeding have been notified and 

given an opportunity to be heard on a request for temporary 

relief; and 

(B) the person requesting such relief shows that there 

is a substantial likelihood that he will prevail on the merits 

of the final determination of the proceeding. 

(b) The Secretary may also obtain review or enforcement of any 

final order of the Commission by filing a petition for such 

relief in the United States court of appeals for the circuit in 

which the alleged violation occurred or in the Court of Appeals 

for the District of Columbia Circuit, and the provisions of 

subsection (a) shall govern such proceedings to the extent 

applicable. If no petition for review, as provided in subsection 

(a), is filed within 30 days after issuance of the Commission's 

order, the Commission's findings of fact and order shall be 

conclusive in connection with any petition for enforcement which 

is filed by the Secretary after the expiration of such 30-day 

period. In any such case, as well as in the case of a 

noncontested citation or notification by the Secretary which has 

become a final order of the Commission under subsection (a) or 

(b) of section 105 [30 U.S.C. § 815(a), (b)], the clerk of the 

court, unless otherwise ordered by the court, shall forthwith 

enter a decree enforcing the order and shall transmit a copy of 

such decree to the Secretary and the operator named in the 

petition. In any contempt proceeding brought to enforce a decree 

of a court of appeals entered pursuant to this subsection or 

subsection (a), the court of appeals may assess the penalties 

provided in section 110 [30 U.S.C. § 820], in addition to 

invoking any other available remedies. 

(c) The commencement of a proceeding under this section shall 

not, unless specifically ordered by the court, operate as a stay 

of the order or decision of the Commission or the Panel. 

PROCEDURES TO COUNTERACT DANGEROUS CONDITIONS 

SEC. 107 [§ 817]. (a) If, upon any inspection or investigation 

of a coal or other mine which is subject to this Act, an 

authorized representative of the Secretary finds that an imminent 

23 
 

danger exists, such representative shall determine the extent of 

the area of such mine throughout which the danger exists, and 

issue an order requiring the operator of such mine to cause all 

persons, except those referred to in section 104(c)[30 U.S.C. § 

814(c)], to be withdrawn from, and to be prohibited from 

entering, such area until an authorized representative of the 

Secretary determines that such imminent danger and the conditions 

or practices which caused such imminent danger no longer exist. 

The issuance of an order under this subsection shall not preclude 

the issuance of a citation under section 104 or the proposing of 

a penalty under section 110 [30 U.S.C. § 820]. (b)(1) If, upon any inspection of a coal or other mine, an 

authorized representative of the Secretary finds (A) that 

conditions exist therein which have not yet resulted in an 

imminent danger, (B) that such conditions cannot be effectively 

abated through the use of existing technology, and (C) that 

reasonable assurance cannot be provided that the continuance of 

mining operations under such conditions will not result in an 

imminent danger, he shall determine the area throughout which 

such conditions exist, and thereupon issue a notice to the 

operator of the mine or his agent of such conditions, and shall 

file a copy thereof, incorporating his findings therein, with the 

Secretary and with the representative of the miners of such mine. 

Upon receipt of such copy, the Secretary shall cause such further 

investigation to be made as he deems appropriate, including an 

opportunity for the operator or a representative of the miners to 

present information relating to such notice. 

(2) Upon the conclusion of an investigation pursuant to 

paragraph (1), and an opportunity for a public hearing upon 

request by any interested party, the Secretary shall make 

findings of fact, and shall by decision incorporating such 

findings therein, either cancel the notice issued under this 

subsection or issue an order requiring the operator of such mine 

to cause all persons in the area affected, except those persons 

referred to in subsection (c) of section 104 [30 U.S.C. § 814(c)] 

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

until the Secretary, after a public hearing affording all 

interested persons an opportunity to present their views, 

determines that such conditions have been abated. Any hearing 

under this paragraph shall be of record and shall be subject to 

section 554 of title 5 of the United States Code. 

(c) Orders issued pursuant to subsection (a) shall contain a 

detailed description of the conditions or practices which cause 

and constitute an imminent danger and a description of the area 

of the coal or other mine from which persons must be withdrawn 

and prohibited from entering. 

(d) Each finding made and order issued under this section 

shall be given promptly to the operator of the coal or other mine 

to which it pertains by the person making such finding or order, 

and all of such findings and orders shall be in writing, and 

shall be signed by the person making them. Any order issued 

pursuant to subsection (a) may be modified or terminated by an 

authorized representative of the Secretary. Any order issued 

under subsection (a) or (b) shall remain in effect until vacated, 

24 
 

 

 

 

 

 

 

 

modified, or terminated by the Secretary, or modified or vacated 

by the Commission pursuant to subsection (e), or by the courts 

pursuant to section 106(a) [30 U.S.C. § 816(a)]. (e)(1) Any operator notified of an order under this section or 

any representative of miners notified of the issuance, 

modification, or termination of such an order may apply to the 

Commission within 30 days of such notification for reinstatement, 

modification or vacation of such order. The Commission shall 

forthwith afford an opportunity for a hearing (in accordance with 

section 554 of title 5, United States Code, but without regard to 

subsection (a)(3) of such section) and thereafter shall issue an 

order, based upon findings of fact, vacating, affirming, 

modifying, or terminating the Secretary's order. The Commission 

and the courts may not grant temporary relief from the issuance 

of any order under subsection (a). 

(2) The Commission shall take whatever action is necessary to 

expedite proceedings under this subsection. 

INJUNCTIONS 

SEC. 108 [§ 818]. (a)(1) The Secretary may institute a civil 

action for relief, including a permanent or temporary injunction, 

restraining order, or any other appropriate order in the district 

court of the United States for the district in which a coal or 

other mine is located or in which the operator of such mine has 

his principal office, whenever such operator or his agent—

(A) violates or fails or refuses to comply with any 

order or decision issued under this Act, or fails or refuses 

to comply with any order or decision, including a civil 

penalty assessment order, that is issued under this Act, 

(B) interferes with, hinders, or delays the Secretary or 

his authorized representative, or the Secretary of Health and 

Human Services or his authorized representative, in carrying 

out the provisions of this Act, 

(C) refuses to admit such representatives to the coal or 

other mine, 

(D) refuses to permit the inspection of the coal or 

other mine, or the investigation of an accident or 

occupational disease occurring in, or connected with, such 

mine, 

(E) refuses to furnish any information or report 

requested by the Secretary or the Secretary of Health and 

Human Services in furtherance of the provisions of this Act, 

or 

(F) refuses to permit access to, and copying of, such 

records as the Secretary or the Secretary of Health and Human 

Services determines necessary in carrying out the provisions 

of this Act. 

(2) The Secretary may institute a civil action for relief, 

including permanent or temporary injunction, restraining order, 

or any other appropriate order in the district court of the 

United States for the district in which the coal or other mine is 

located or in which the operator of such mine has his principal 

25 
 

 

 

office whenever the Secretary believes that the operator of a 

coal or other mine is engaged in a pattern of violation of the 

mandatory health or safety standards of this Act, which in the 

judgment of the Secretary constitutes a continuing hazard to the 

health or safety of miners. 

(b) In any action brought under subsection (a), the court 

shall have jurisdiction to provide such relief as may be 

appropriate. In the case of an action under subsection (a)(2), 

the court shall in its order require such assurance or 

affirmative steps as it deems necessary to assure itself that the 

protection afforded to miners under this Act shall be provided by 

the operator. Temporary restraining orders shall be issued in 

accordance with rule 65 of the Federal Rules of Civil Procedure, 

as amended, except that the time limit in such orders, when 

issued without notice, shall be seven days from the date of 

entry. Except as otherwise provided herein, any relief granted by 

the court to enforce any order under paragraph (1) of subsection 

(a) shall continue in effect until the completion or final 

termination of all proceedings for review of such order under 

this title, unless prior thereto, the district court granting 

such relief sets it aside or modifies it. In any action 

instituted under this section to enforce an order or decision 

issued by the Commission or the Secretary after a public hearing 

in accordance with section 554 of title 5 of the United States 

Code, the findings of the Commission or the Secretary, as the 

case may be, if supported by substantial evidence on the record 

considered as a whole, shall be conclusive. 

POSTING OF ORDERS AND DECISIONS 

SEC. 109 [§ 819]. (a) At each coal or other mine there shall 

be maintained an office with a conspicuous sign designating it as 

the office of such mine. There shall be a bulletin board at such 

office or located at a conspicuous place near an entrance of such 

mine, in such manner that orders, citations, notices and 

decisions required by law or regulation to be posted, may be 

posted thereon, and be easily visible to all persons desiring to 

read them, and be protected against damage by weather and against 

unauthorized removal. A copy of any order, citation, notice or 

decision required by this Act to be given to an operator shall be 

delivered to the office of the affected mine, and a copy shall be 

immediately posted on the bulletin board of such mine by the 

operator or his agent. 

(b) The Secretary shall (1) cause a copy of any order, 

citation, notice, or decision required by this Act to be given to 

an operator to be mailed immediately to a representative of the 

miners in the affected coal or other mine, and (2) cause a copy 

thereof to be mailed to the public official or agency of the 

State charged with administering State laws, if any, relating to 

health or safety in such mine. Such notice, order, citation, or 

decision shall be available for public inspection. 

(c) In order to insure prompt compliance with any notice, 

order, citation, or decision issued under this Act, the 

26 
 

 

 

 

 

 

 

 

authorized representative of the Secretary may deliver such 

notice order, citation, or decision to an agent of the operator, 

and such agent shall immediately take appropriate measures to 

insure compliance with such notice, order, citation, or decision. 

(d) Each operator of a coal or other mine subject to this Act 

shall file with the Secretary the name and address of such mine 

and the name and address of the person who controls or operates 

the mine. Any revisions in such names or addresses shall be 

promptly filed with the Secretary. Each operator of a coal or 

other mine subject to this Act shall designate a responsible 

official at such mine as the principal officer in charge of 

health and safety at such mine, and such official shall receive a 

copy of any notice, order, citation, or decision issued under 

this Act affecting such mine. In any case where the mine is 

subject to the control of any person not directly involved in the 

daily operations of the coal or other mine, there shall be filed 

with the Secretary the name and address of such person and the 

name and address of a principal official of such person who shall 

have overall responsibility for the conduct of an effective 

health and safety program at any coal or other mine subject to 

the control of such person, and such official shall receive a 

copy of any notice, order, citation, or decision issued affecting 

any such mine. The mere designation of a health and safety 

official under this subsection shall not be construed as making 

such official subject to any penalty under this Act. 

PENALTIES 

SEC. 110 [§ 820]1 . (a)(1) The operator of a coal or other mine 

in which a violation occurs of a mandatory health or safety 

standard or who violates any other provisions of this Act, shall 

be assessed a civil penalty by the Secretary which penalty shall 

not be more than [$70,000] for each such violation. Each 

occurrence of a violation of a mandatory health or safety 

standard may constitute a separate offense. 

(2) The operator of a coal or other mine who fails to 

provide timely notification to the Secretary as required under 

1 The dollar amounts in brackets [] reflect the current civil 

penalty amounts as of April 2016. Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 1990, as amended (Pub. L. 

No. 114-74; 28 U.S.C. § 2461 Note), Federal agencies are required 

to annually adjust, and publish in the Federal Register, each 

civil monetary penalty provided by law within their jurisdiction. 

MSHA’s current penalty amounts are found at 30 C.F.R. part 100 

(72 Fed. Reg. 13,635 (Mar. 22, 2007), as amended at 73 Fed. Reg. 

7,209 (Feb. 7, 2008); 74 Fed. Reg. 68,919 (Dec. 29, 2009); and 77 

Fed. Reg. 76,408 (Dec. 28, 2012)). 

See also 18 U.S.C. § 3571(b)(3), which provides enhanced fines 

for certain criminal violations, including those found in 

subsections 110(d), (e), and (f)of the Mine Act [30 U.S.C. § 

820(d), (e), and (f)]. 

27 
 

 

 

 

section 103(j)[30 U.S.C. § 813(j)] (relating to the 15 minute 

requirement) shall be assessed a civil penalty by the Secretary 

of not less than [$5,000] and not more than [$65,000]. 

(3)(A) The minimum penalty for any citation or order issued 

under section 104(d)(1) [30 U.S.C. § 814(d)(1)] shall be 

[$2,000]. 

(B) The minimum penalty for any order issued under 

section 104(d)(2) [30 U.S.C. § 814(d)(2)] shall be [$4,000]. 

(4) Nothing in this subsection shall be construed to 

prevent an operator from obtaining a review, in accordance with 

section 106 [30 U.S.C. § 816], of an order imposing a penalty 

described in this subsection. If a court, in making such a 

review, sustains the order, the court shall apply at least the 

minimum penalties required under this subsection. 

(b)(1) Any operator who fails to correct a violation for which 

a citation has been issued under section 104(a) [30 U.S.C. § 

814(a)] within the period permitted for its correction may be 

assessed a civil penalty of not more than [$7,500] for each day 

during which such failure or violation continues. 

(2) Violations under this section that are deemed to be 

flagrant may be assessed a civil penalty of not more than 

[$242,000]. For purposes of the preceding sentence, the term 

"flagrant" with respect to a violation means a reckless or 

repeated failure to make reasonable efforts to eliminate a known 

violation of a mandatory health or safety standard that 

substantially and proximately caused, or reasonably could have 

been expected to cause, death or serious bodily injury. 

(c) Whenever a corporate operator violates a mandatory health 

or safety standard or knowingly violates or fails or refuses to 

comply with any order issued under this Act or any order 

incorporated in a final decision issued under this Act, except an 

order incorporated in a decision issued under subsection (a) or 

section 105(c) [30 U.S.C. § 815(c)], any director, officer, or 

agent of such corporation who knowingly authorized, ordered, or 

carried out such violation, failure, or refusal shall be subject 

to the same civil penalties, fines, and imprisonment that may be 

imposed upon a person under subsections (a) and (d). 

(d) Any operator who willfully violates a mandatory health or 

safety standard, or knowingly violates or fails or refuses to 

comply with any order issued under section 104 and section 107 

[30 U.S.C. §§ 814, 817], or any order incorporated in a final 

decision issued under this title, except an order incorporated in 

a decision under subsection (a)(1) or section 105(c)[30 U.S.C. § 

815(c)], shall, upon conviction, be punished by a fine of not 

more than [$250,000], or by imprisonment for not more than one 

year, or by both, except that if the conviction is for a 

violation committed after the first conviction of such operator 

under this Act, punishment shall be by a fine of not more than 

$500,000, or by imprisonment for not more than five years, or 

both. 

(e) Unless otherwise authorized by this Act, any person who 

gives advance notice of any inspection to be conducted under this 

Act shall, upon conviction, be punished by a fine of not more 

28 
than [$250,000] or by imprisonment for not more than six months, 

or both. 

(f) Whoever knowingly makes any false statement, 

representation, or certification in any application, record, 

report, plan, or other document filed or required to be 

maintained pursuant to this Act shall, upon conviction, be 

punished by a fine of not more than [$250,000], or by 

imprisonment for not more than five years, or both. 

(g) Any miner who willfully violates the mandatory safety 

standards relating to smoking or the carrying of smoking 

materials, matches, or lighters shall be subject to a civil 

penalty assessed by the Commission, which penalty shall not be 

more than [$375] for each occurrence of such violation. 

(h) Whoever knowingly distributes, sells, offers for sale, 

introduces, or delivers in commerce any equipment for use in a 

coal or other mine, including, but not limited to, components and 

accessories of such equipment, which is represented as complying 

with the provisions of this Act, or with any specification or 

regulation of the Secretary applicable to such equipment, and 

which does not so comply, shall, upon conviction, be subject to 

the same fine and imprisonment that may be imposed upon a person 

under subsection (f) of this section. 

(i) The Commission shall have authority to assess all civil 

penalties provided in this Act. In assessing civil monetary 

penalties, the Commission shall consider the operator's history 

of previous violations, the appropriateness of such penalty to 

the size of the business of the operator charged, whether the 

operator was negligent, the effect on the operator's ability to 

continue in business, the gravity of the violation, and the 

demonstrated good faith of the person charged in attempting to 

achieve rapid compliance after notification of a violation. In 

proposing civil penalties under this Act, the Secretary may rely 

upon a summary review of the information available to him and 

shall not be required to make findings of fact concerning the 

above factors. 

(j) Civil penalties owed under this Act shall be paid to the 

Secretary for deposit into the Treasury of the United States and 

shall accrue to the United States and may be recovered in a civil 

action in the name of the United States brought in the United 

States district court for the district where the violation 

occurred or where the operator has its principal office. Interest 

at the rate of 8 percent per annum shall be charged against a 

person on any final order of the Commission, or the court. 

Interest shall begin to accrue 30 days after the issuance of such 

order. 

(k) No proposed penalty which has been contested before the 

Commission under section 105(a) [30 U.S.C. § 815(a)] shall be 

compromised, mitigated, or settled except with the approval of 

the Commission. No penalty assessment which has become a final 

order of the Commission shall be compromised, mitigated, or 

settled except with the approval of the court. 

(l) The provisions of this section shall not be applicable 

with respect to title IV of this Act. 

29 
 

ENTITLEMENT OF MINERS 

SEC. 111 [§ 821]. If a coal or other mine or area of such mine 

is closed by an order issued under section 103, section 104, or 

section 107 [30 U.S.C. §§ 813,814, 817], all miners working 

during the shift when such order was issued who are idled by such 

order shall be entitled, regardless of the result of any review 

of such order, to full compensation by the operator at their 

regular rates of pay for the period they are idled, but for not 

more than the balance of such shift. If such order is not 

terminated prior to the next working shift, all miners on that 

shift who are idled by such order shall be entitled to full 

compensation by the operator at their regular rates of pay for 

the period they are idled, but for not more than four hours of 

such shift. If a coal or other mine or area of such mine is 

closed by an order issued under section 104 or section 107 of 

this title for a failure of the operator to comply with any 

mandatory health or safety standards, all miners who are idled 

due to such order shall be fully compensated after all interested 

parties are given an opportunity for a public hearing, which 

shall be expedited in such cases, and after such order is final, 

by the operator for lost time at their regular rates of pay for 

such time as the miners are idled by such closing, or for one 

week, whichever is the lesser. Whenever an operator violates or 

fails or refuses to comply with any order issued under section 

103, section 104, or section 107 of this Act, all miners employed 

at the affected mine who would have been withdrawn from, or 

prevented from entering, such mine or area thereof as a result of 

such order shall be entitled to full compensation by the operator 

at their regular rates of pay, in addition to pay received for 

work performed after such order was issued, for the period 

beginning when such order was issued and ending when such order 

is complied with, vacated, or terminated. The Commission shall 

have authority to order compensation due under this section upon 

the filing of a complaint by a miner or his representative and 

after opportunity for hearing subject to section 554 of title 5, 

United States Code. 

ADMINISTRATIVE PROVISIONS 

SEC. 112 [§ 822]. Except as provided in section 518(a) of 

title 28, United States Code, relating to litigation before the 

Supreme Court, the Solicitor of Labor may appear for and 

represent the Secretary in any civil litigation brought under 

this Act but all such litigation shall be subject to the 

direction and control of the Attorney General. 

THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

SEC. 113 [§ 823]. (a) The Federal Mine Safety and Health 

Review Commission is hereby established. The Commission shall 

consist of five members, appointed by the President by and with 

the advice and consent of the Senate, from among persons who by 

30 
 

 

 

 

reason of training, education, or experience are qualified to 

carry out the functions of the Commission under this Act. The 

President shall designate one of the members of the Commission to 

serve as Chairman. 

(b)(1) The terms of the members of the Commission shall be six 

years, except that--

(A) members of the Commission first taking office after 

the date of enactment of the Federal Mine Safety and Health 

Amendments Act of 1977 [November 9, 1977], shall serve, as 

designated by the President at the time of appointment, one 

for a term of two years, two for a term of four years and two 

for a term of six years; and 

(B) a vacancy caused by the death, resignation, or 

removal of any member prior to the expiration of the term for 

which he was appointed shall be filled only for the remainder 

of such unexpired term. 

Any member of the Commission may be removed by the President 

for inefficiency, neglect of duty, or malfeasance in office. 

(2) The Chairman shall be responsible on behalf of the 

Commission for the administrative operations of the Commission. 

The Commission shall appoint such employees as it deems necessary 

to assist in the performance of the Commission's functions and to 

fix their compensation in accordance with the provisions of 

chapter 51 and subchapter III of chapter 53 of title 5, United 

States Code, relating to classification and general pay rates. 

Upon the effective date of the Federal Mine Safety and Health 

Amendments Act of 1977, the administrative law judges assigned to 

the Arlington, Virginia, facility of the Office of Hearings and 

Appeals, United States Department of the Interior, shall be 

automatically transferred in grade and position to the Federal 

Mine Safety and Health Review Commission. Notwithstanding the 

provisions of section 559 of title 5 of the United States Code, 

the incumbent Chief Administrative Law Judge of the Office of 

Hearings and Appeals of the Department of the Interior assigned 

to the Arlington, Virginia facility shall have the option, on the 

effective date of the Federal Mine Safety and Health Amendments 

Act of 1977, of transferring to the Commission as an 

administrative law judge, in the same grade and position as the 

other administrative law judges. The administrative law judges 

(except those presiding over Indian Probate Matters) assigned to 

the Western facilities of the Office of Hearings and Appeals of 

the Department of the Interior shall remain with that Department 

at their present grade and position or they shall have the right 

to transfer on an equivalent basis to that extended in this 

paragraph to the Arlington, Virginia administrative law judges in 

accordance with procedures established by the Director of the 

Office of Personnel Management. The Commission shall appoint such 

additional administrative law judges as it deems necessary to 

carry out the functions of the Commission. Assignment, removal, 

and compensation of administrative law judges shall be in 

accordance with sections 3105, 3344, 5362 and 7521 of title 5, 

United States Code. 

(c) The Commission is authorized to delegate to any group of 

three or more members any or all of the powers of the Commission, 

31 
 

 

 

 

 

 

 

 

 

except that two members shall constitute a quorum of any group 

designated pursuant to this paragraph. 

(d)(1) An administrative law judge appointed by the Commission 

to hear matters under this Act shall hear, and make a 

determination upon, any proceeding instituted before the 

Commission and any motion in connection therewith, assigned to 

such administrative law judge by the chief administrative law 

judge of the Commission or by the Commission, and shall make a 

decision which constitutes his final disposition of the 

proceedings. The decision of the administrative law judge of the 

Commission shall become the final decision of the Commission 40 

days after its issuance unless within such period of the 

Commission has directed that such decision shall be reviewed by 

the Commission in accordance with paragraph (2). An 

administrative law judge shall not be assigned to prepare a 

recommended decision under this Act. 

(2) The Commission shall prescribe rules of procedure for 

its review of the decisions of administrative law judges in cases 

under this Act which shall meet the following standards for 

review: 

(A)(i) Any person adversely affected or aggrieved by a 

decision of an administrative law judge, may file and serve a 

petition for discretionary review by the Commission of such 

decision within 30 days after the issuance of such decision. 

Review by the Commission shall not be a matter of right but of 

the sound discretion of the Commission. 

(ii) Petitions for discretionary review shall be 

filed only upon one or more of the following grounds: 

(I) A finding or conclusion of material fact is 

not sup ported by substantial evidence. 

(II) A necessary legal conclusion is erroneous. 

(III) The decision is contrary to law or to the 

duly promulgated rules or decisions of the Commission. 

(IV) A substantial question of law, policy or 

discretion is involved. 

(V) A prejudicial error of procedure was 

committed. 

(iii) Each issue shall be separately numbered and 

plainly and concisely stated, and shall be supported by 

detailed citations to the record when assignments of error are 

based on the record, and by statutes, regulations, or 

principal authorities relied upon. Except for good cause 

shown, no assignment of error by any party shall rely on any 

question of fact or law upon which the administrative law 

judge had not been afforded an opportunity to pass. Review by 

the Commission shall be granted only by affirmative vote of 

two of the Commissioners present and voting. If granted, 

review shall be limited to the questions raised by the 

petition. 

(B) At any time within 30 days after the issuance of 

a decision of an administrative law judge, the Commission may 

in its discretion (by affirmative vote of two of the 

Commissioners present and voting) order the case before it for 

review but only upon the ground that the decision may be 

32 
 

 

 

 

contrary to law or Commission policy, or that a novel question 

of policy has been presented. The Commission shall state in 

such order the specific issue of law, Commission policy, or 

novel question of policy involved. If a party's petition for 

discretionary review has been granted, the Commission shall 

not raise or consider additional issues in such review 

proceedings except in compliance with the requirements of this 

paragraph. 

(C) For the purpose of review by the Commission under 

paragraph (A) or (B) of this subsection, the record shall 

include: (i) all matters constituting the record upon which 

the decision of the administrative law judge was based; (ii) 

the rulings upon proposed findings and conclusions; (iii) the 

decision of the administrative law judge; (iv) the petition or 

petitions for discretionary review, responses thereto, and the 

Commission's order for review; and (v) briefs filed on review. 

No other material shall be considered by the Commission upon 

review. The Commission either may remand the case to the 

administrative law judge for further proceedings as it may 

direct or it may affirm, set aside, or modify the decision or 

order of the administrative law judge in conformity with the 

record. If the Commission determines that further evidence is 

necessary on an issue of fact it shall remand the case for 

further proceedings before the administrative law judge. 

(The provisions of section 557(b) of title 5, United States 

Code, with regard to the review authority of the Commission are 

hereby expressly superseded to the extent that they are 

inconsistent with the provisions of subparagraphs (A), (B), and 

(C) of this paragraph.) 

(e) In connection with hearings before the Commission or its 

administrative law judges under this Act, the Commission and its 

administrative law judges may compel the attendance and testimony 

of witnesses and the production of books, papers, or documents, 

or objects, and order testimony to be taken by deposition at any 

stage of the proceedings before them. Any person may be compelled 

to appear and depose and produce similar documentary or physical 

evidence, in the same manner as witnesses may be compelled to 

appear and produce evidence before the Commission and its 

administrative law judges. Witnesses shall be paid the same fees 

and mileage that are paid witnesses in the courts of the United 

States and at depositions ordered by such courts. In case of 

contumacy, failure, or refusal of any person to obey a subpoena 

or order of the Commission or an administrative law judge, 

respectively, to appear, to testify, or to produce documentary or 

physical evidence, any district court of the United States or the 

United States courts of any territory or possession, within the 

jurisdiction of which such person is found, or resides, or 

transacts business, shall, upon the application of the 

Commission, or the administrative law judge, respectively, have 

jurisdiction to issue to such person an order requiring such 

person to appear, to testify, or to produce evidence as ordered 

by the Commission or the administrative law judge, respectively, 

and any failure to obey such order of the court may be punished 

by the court as a contempt thereof. 

33 
 

 

 

AUTHORIZATION OF APPROPRIATIONS 

SEC. 114 [§ 824]. There are authorized to be appropriated, out 

of any moneys in the Treasury not otherwise appropriated, such 

sums as may be necessary to carry out the provisions of this 

title. 

MANDATORY HEALTH AND SAFETY TRAINING 

SEC. 115 [§ 825]. (a) Each operator of a coal or other mine 

shall have a health and safety training program which shall be 

approved by the Secretary. The Secretary shall promulgate 

regulations with respect to such health and safety training 

programs not more than 180 days after the effective date of the 

Federal Mine Safety and Health Amendments Act of 1977. Each 

training program approved by the Secretary shall provide as a 

minimum that-- (1) new miners having no underground mining experience 

shall receive no less than 40 hours of training if they are to 

work underground. Such training shall include instruction in 

the statutory rights of miners and their representatives under 

this Act, use of the self-rescue device and use of respiratory 

devices, hazard recognition, escapeways, walk around training, 

emergency procedures, basic ventilation, basic roof control, 

electrical hazards, first aid, and the health and safety 

aspects of the task to which he will be assigned; 

(2) new miners having no surface mining experience shall 

receive no less than 24 hours of training if they are to work 

on the surface. Such training shall include instruction in the 

statutory rights of miners and their representatives under 

this Act, use of the self-rescue device where appropriate and 

use of respiratory devices where appropriate, hazard 

recognition, emergency procedures, electrical hazards, first 

aid, walk around training and the health and safety aspects of 

the task to which he will be assigned; 

(3) all miners shall receive no less than eight hours of 

refresher training no less frequently than once each 12 

months, except that miners already employed on the effective 

date of the Federal Mine Safety and Health Amendments Act of 

1977 shall receive this refresher training no more than 90 

days after the date of approval of the training plan required 

by this section; 

(4) any miner who is reassigned to a new task in which he 

has had no previous work experience shall receive training in 

accordance with a training plan approved by the Secretary 

under this subsection in the safety and health aspects 

specific to that task prior to performing that task; 

(5) any training required by paragraphs (1), (2) or (4) 

shall include a period of training as closely related as is 

practicable to the work in which the miner is to be engaged. 

(b) Any health and safety training provided under subsection 

(a) shall be provided during normal working hours. Miners shall 

34 
 

 

 

 

 

 

 

 

 

 

be paid at their normal rate of compensation while they take such 

training, and new miners shall be paid at their starting wage 

rate when they take the new miner training. If such training 

shall be given at a location other than the normal place of work, 

miners shall also be compensated for the additional costs they 

may incur in attending such training sessions. 

(c) Upon completion of each training program, each operator 

shall certify, on a form approved by the Secretary, that the 

miner has received the specified training in each subject area of 

the approved health and safety training plan. A certificate for 

each miner shall be maintained by the operator, and shall be 

available for inspection at the mine site, and a copy thereof 

shall be given to each miner at the completion of such training. 

When a miner leaves the operator's employ, he shall be entitled 

to a copy of his health and safety training certificates. False 

certification by an operator that training was given shall be 

punishable under section 110(a) and (f)[30 U.S.C. § 820(a), (f)]; 

and each health and safety training certificate shall indicate on 

its face, in bold letters, printed in a conspicuous manner the 

fact that such false certification is so punishable. 

(d) The Secretary shall promulgate appropriate standards for 

safety and health training for coal or other mine construction 

workers. 

(e)(1) Within 180 days after the effective date of the Federal 

Mine Safety and Health Amendments Act of 1977, the Secretary 

shall publish proposed regulations which shall provide that mine 

rescue teams shall be available for rescue and recovery work to 

each underground coal or other mine in the event of an emergency. 

The costs of making advance arrangements for such teams shall be 

borne by the operator of each such mine. 

(2)(A) The Secretary shall issue regulations with regard to 

mine rescue teams which shall be finalized and in effect not 

later than 18 months after the date of enactment of the Mine 

Improvement and New Emergency Response Act of 2006 [June 15, 

2006]. 

(B) Such regulations shall provide for the following: 

(i) That such regulations shall not be construed to 

waive operator training requirements applicable to existing 

mine rescue teams. 

(ii) That the Mine Safety and Health Administration 

shall establish, and update every 5 years thereafter, criteria 

to certify the qualifications of mine rescue teams. 

(iii)(I) That the operator of each underground coal 

mine with more than 36 employees—

(aa) have an employee knowledgeable in mine 

emergency response who is employed at the mine on each 

shift at each underground mine; and 

(bb) make available two certified mine 

rescue teams whose members—

(AA) are familiar with the operations of 

such coal mine; 

(BB) participate at least annually in two 

local mine rescue contests; 

35 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(CC) participate at least annually in 

mine rescue training at the underground coal mine 

covered by the mine rescue team; and 

(DD) are available at the mine within one 

hour ground travel time from the mine rescue station. 

(II)(aa) For the purpose of complying with 

subclause (I), an operator shall employ one team that 

is either an individual mine site mine rescue team or 

a composite team as provided for in item (bb)(BB). 

(bb) The following options may be used by an 

operator to comply with the requirements of item 

(aa): 

(AA) An individual mine-site mine rescue 

team. 

(BB) A multi-employer composite team that 

is made up of team members who are 

knowledgeable about the operations and 

ventilation of the covered mines and who 

train on a semi-annual basis at the covered 

underground coal mine— (aaa) which provides coverage for 

multiple operators that have team members 

which include at least two active employees 

from each of the covered mines; 

(bbb) which provides coverage for 

multiple mines owned by the same operator 

which members include at least two active 

employees from each mine; or 

(ccc) which is a State-sponsored mine 

rescue team comprised of at least two active 

employees from each of the covered mines. 

(CC) A commercial mine rescue team 

provided by contract through a third-party 

vendor or mine rescue team provided by 

another coal company, if such team—

(aaa) trains on a quarterly basis at 

covered underground coal mines; 

(bbb) is knowledgeable about the 

operations and ventilation of the covered 

mines; and 

(ccc) is comprised of individuals with 

a minimum of 3 years underground coal mine 

experience that shall have occurred within 

the 10-year period preceding their employment 

on the contract mine rescue team. 

(DD) A State-sponsored team made up of 

State employees. 

(iv) That the operator of each underground coal mine 

with 36 or less employees shall—

(I) have an employee on each shift who is 

knowledgeable in mine emergency responses; and 

(II) make available two certified mine rescue 

teams whose members—

36 
 

 

 

 

 

 

 

 

 

(aa) are familiar with the operations of such 

coal mine; 

(bb) participate at least annually in two local 

mine rescue contests; 

(cc) participate at least semi-annually in mine 

rescue training at the underground coal mine 

covered by the mine rescue team; 

(dd) are available at the mine within one hour 

ground travel time from the mine rescue station; 

(ee) are knowledgeable about the operations and 

ventilation of the covered mines; and 

(ff) are comprised of individuals with a 

minimum of 3 years underground coal mine 

experience that shall have occurred within the 10-

year period preceding their employment on the 

contract mine rescue team. 

LIMITATION ON CERTAIN LIABILITY FOR RESCUE OPERATIONS 

SEC. 116 [§ 826]. (a) IN GENERAL.--No person shall bring an 

action against any covered individual or his or her regular 

employer for property damage or an injury (or death) sustained as 

a result of carrying out activities relating to mine accident 

rescue or recovery operations. This subsection shall not apply 

where the action that is alleged to result in the property 

damages or injury (or death) was the result of gross negligence, 

reckless conduct, or illegal conduct or, where the regular 

employer (as such term is used in this Act) is the operator of 

the mine at which the rescue activity takes place. Nothing in 

this section shall be construed to preempt State workers' 

compensation laws. 

(b) COVERED INDIVIDUAL.--For purposes of subsection (a), the 

term "covered individual" means an individual--

(1) who is a member of a mine rescue team or who is 

otherwise a volunteer with respect to a mine accident; and 

(2) who is carrying out activities relating to mine 

accident rescue or recovery operations. 

(c) REGULAR EMPLOYER.--For purposes of subsection (a), the 

term "regular employer" means the entity that is the covered 

employee's legal or statutory employer pursuant to applicable 

State law. 

TITLE II--INTERIM MANDATORY HEALTH STANDARDS 

COVERAGE 

SEC. 201 [§ 841]. (a) The provisions of sections 202 through 

206 of this title [30 U.S.C. §§ 842-846] and the applicable 

provisions of section 318 of the title III [30 U.S.C. § 878] 

shall be interim mandatory health standards applicable to all 

underground coal mines until superseded in whole or in part by 

improved mandatory health standards promulgated by the Secretary 

under the provisions of section 101 of this Act [30 U.S.C. § 

37 
 

 

 

 

 

 

811], and shall be enforced in the same manner and to the same 

extent as any mandatory health standard promulgated under the 

provisions of section 101 of this Act. Any orders issued in the 

enforcement of the interim standards set forth in this title 

shall be subject to review as provided in title I of this Act. 

(b) Among other things, it is the purpose of this title to 

provide, to the greatest extent possible, that the working 

conditions in each underground coal mine are sufficiently free of 

respirable dust concentrations in the mine atmosphere to permit 

each miner the opportunity to work underground during the period 

of his entire adult working life without incurring any disability 

from pneumoconiosis or any other occupation-related disease 

during or at the end of such period. 

DUST STANDARD AND RESPIRATORY EQUIPMENT 

SEC. 202 [§ 842]. (a) Each operator of a coal mine shall take 

accurate samples of the amount of respirable dust in the mine 

atmosphere to which each miner in the active workings of such 

mine is exposed. Such samples shall be taken by any device 

approved by the Secretary and the Secretary of Health and Human 

Services and in accordance with such methods, at such locations, 

at such intervals, and in such manner as the Secretaries shall 

prescribe in the Federal Register within sixty days from the date 

of enactment of this Act [December 30, 1969] and from time to 

time thereafter. Such samples shall be transmitted to the 

Secretary in a manner established by him, and analyzed and 

recorded by him in a manner that will assure application of the 

provisions of section 104(i) [30 U.S.C. § 814(i)] of this Act 

when the applicable limit on the concentration of respirable dust 

required to be maintained under this section is exceeded. The 

results of such samples shall also be made available to the 

operator. Each operator shall report and certify to the Secretary 

at such intervals as the Secretary may require as to the 

conditions in the active workings of the coal mine, including, 

but not limited to, the average number of working hours worked 

during each shift, the quantity and velocity of air regularly 

reaching the working faces, the method of mining, the amount and 

pressure of the water, if any, reaching the working faces, and 

the number, location, and type of sprays, if any, used. 

(b) Except as otherwise provided in this subsection--

(1) Effective on the operative date of this title, each 

operator shall continuously maintain the average concentration of 

respirable dust in the mine atmosphere during each shift to which 

each miner in the active workings of such mine is exposed at or 

below 3.0 milligrams of respirable dust per cubic meter of air. 

(2) Effective three years after the date of enactment of 

this Act [December 30, 1969], each operator shall continuously 

maintain the average concentration of respirable dust in the mine 

atmosphere during each shift to which each miner in the active 

workings of such mine is exposed at or below 2.0 milligrams of 

respirable dust per cubic meter of air. 

(3) Any operator who determines that he will be unable, 

38 
 

 

 

using available technology, to comply with the provisions of 

paragraph (1) of this subsection, or the provisions of paragraph 

(2) of this subsection, as appropriate, may file with the Panel, 

no later than sixty days prior to the effective date of the 

applicable respirable dust standard established by such 

paragraphs, an application for a permit for noncompliance. If, in 

the case of an application for a permit for noncompliance with 

the 3.0 milligram standard established by paragraph (1) of this 

subsection, the application satisfies the requirements of 

subsection (c) of this section, the Panel shall issue a permit 

for noncompliance to the operator. If, in the case of an 

application for a permit for noncompliance with the 2.0 milligram 

standard established by paragraph (2) of this subsection, the 

application satisfies the requirements of subsection (c) of this 

section and the Panel determines that the applicant will be 

unable to comply with such standard, the Panel shall issue to the 

operator a permit for noncompliance. 

(4) In any case in which an operator, who has been issued a 

permit (including a renewal permit) for noncompliance under this 

section, determines, not more than ninety days prior to the 

expiration date of such permit, that he still is unable to comply 

with the standard established by paragraph (1) of this subsection 

or the standard established by paragraph (2) of this subsection, 

as appropriate, he may file with the Panel an application for 

renewal of the permit. Upon receipt of such application, the 

Panel, if it determines, after all interested persons have been 

notified and given an opportunity for a public hearing under 

section 5 of this Act [30 U.S.C. § 804], that the application is 

in compliance with the provisions of subsection (c) of this 

section, and that the applicant will be unable to comply with 

such standard, may renew the permit. 

(5) Any such permit or renewal thereof so issued shall be 

in effect for a period not to exceed one year and shall entitle 

the permittee during such period to maintain continuously the 

average concentration of respirable dust in the mine atmosphere 

during each shift in the working places of such mine to which the 

permit applies at a level specified by the Panel, which shall be 

at the lowest level which the application shows the conditions, 

technology applicable to such mine, and other available and 

effective control techniques and methods will permit, but in no 

event shall such level exceed 4.5 milligrams of dust per cubic 

meter of air during the period when the 3.0 milligram standard is 

in effect, or 3.0 milligrams of dust per cubic meter of air 

during the period when the 2.0 milligram standard is in effect. 

(6) No permit or renewal thereof for noncompliance shall 

entitle any operator to an extension of time beyond eighteen 

months from the date of enactment of this Act [December 30, 1969] 

to comply with the 3.0 milligram standard established by 

paragraph (1) of this subsection, or beyond seventy-two months 

from the date of enactment of this Act [December 30, 1969] to 

comply with the 2.0 milligram standard established by paragraph 

(2) of this subsection. 

(c) Any application for an initial or renewal permit made 

pursuant to this section shall contain--

39 
 

 

 

(1) a representation by the applicant and the engineer 

conducting the survey referred to in paragraph (2) of this 

subsection that the applicant is unable to comply with the 

standard applicable under subsection (b)(1) or (b)(2) of this 

section at specified working places because the technology for 

reducing the concentration of respirable dust at such places is 

not available, or because of the lack of other effective control 

techniques or methods, or because of any combination of such 

reasons; 

(2) an identification of the working places in such mine 

for which the permit is requested; the results of an engineering 

survey by a certified engineer of the respirable dust conditions 

of each working place of the mine with respect to which such 

application is filed and the ability to reduce such dust to the 

level required to be maintained in such place under this section; 

a description of the ventilation system of the mine and its 

capacity; the quantity and velocity of air regularly reaching the 

working faces; the method of mining; the amount and pressure of 

the water, if any, reaching the working faces; the number, 

location, and type of sprays, if any; action taken to reduce such 

dust; and such other information as the Panel may require; and 

(3) statements by the applicant and the engineer conducting 

such survey, of the means and methods to be employed to achieve 

compliance with the applicable standard, the progress made toward 

achieving compliance, and an estimate of when compliance can be 

achieved. 

(d) Beginning six months after the operative date of this 

title and from time to time thereafter, the Secretary of Health 

and Human Services shall establish, in accordance with the 

provisions of section 101 of this Act [30 U.S.C. § 811], a 

schedule reducing the average concentration of respirable dust in 

the mine atmosphere during each shift to which each miner in the 

active workings is exposed below the levels established in this 

section to a level of personal exposure which will prevent new 

incidences of respiratory disease and the further development of 

such disease in any person. Such schedule shall specify the 

minimum time necessary to achieve such levels taking into 

consideration present and future advancements in technology to 

reach these levels. 

(e) References to concentrations of respirable dust in this 

title mean the average concentration of respirable dust measured 

with a device approved by the Secretary and the Secretary of 

Health and Human Services. 

(f) For the purpose of this title, the term "average 

concentration" means a determination which accurately represents 

the atmospheric conditions with regard to respirable dust to 

which each miner in the active workings of a mine is exposed (1) 

as measured, during the 18 month period following the date of 

enactment of this Act [December 30, 1969], over a number of 

continuous production shifts to be determined by the Secretary 

Health and Human Services, and (2) as measured thereafter, over a 

single shift only, unless the Secretary and the Secretary of 

Health and Human Services find, in accordance with the provisions 

of section 101 of this Act [30 U.S.C. § 811], that such single 

40 
shift measurement will not, after applying valid statistical 

techniques to such measurement, accurately represent such 

atmospheric conditions during such shift. 

(g) The Secretary shall cause to be made such frequent spot 

inspections as he deems appropriate of the active workings of 

coal mines for the purpose of obtaining compliance with the 

provisions of this title. 

(h) Respiratory equipment approved by the Secretary and the 

Secretary of Health and Human Services shall be made available to 

all persons whenever exposed to concentrations of respirable dust 

in excess of the levels required to be maintained under this Act. 

Use of respirators shall not be substituted for environmental 

control measures in the active workings. Each operator shall 

maintain a supply of respiratory equipment adequate to deal with 

occurrences of concentrations of respirable dust in the mine 

atmosphere in excess of the levels required to be maintained 

under this Act. 

MEDICAL EXAMINATIONS 

SEC. 203 [§ 843]. (a) The operator of a coal mine shall 

cooperate with the Secretary of Health and Human Services in 

making available to each miner working in a coal mine the 

opportunity to have a chest roentgenogram within eighteen months 

after the date of enactment of this Act [December 30, 1969], a 

second chest roentgenogram within three years thereafter, and 

subsequent chest roentgenograms at such intervals thereafter of 

not to exceed five years as the Secretary of Health and Human 

Services prescribes. Each worker who begins work in a coal mine 

for the first time shall be given, as soon as possible after 

commencement of his employment, and again three years later if he 

is still engaged in coal mining, a chest roentgenogram; and in 

the event the second such chest roentgenogram shows evidence of 

the development of pneumoconiosis the worker shall be given, two 

years later if he is still engaged in coal mining, an additional 

chest roentgenogram. All chest roentgenograms shall be given in 

accordance with specifications prescribed by the Secretary of 

Health and Human Services and shall be supplemented by such other 

tests as the Secretary of Health and Human Services deems 

necessary. The films shall be read and classified in a manner to 

be prescribed by the Secretary of Health and Human Services and 

the results of each reading on each such person and of such tests 

shall be submitted to the Secretary and to the Secretary of 

Health and Human Services, and, at the request of the miner, to 

his physician. The Secretary shall also submit such results to 

such miner and advise him of his rights under this Act related 

thereto. Such specifications, readings, classifications, and 

tests shall, to the greatest degree possible, be uniform for all 

coal mines and miners in such mines. 

(b)(1) On and after the operative date of this title, any 

miner who, in the judgment of the Secretary of Health and Human 

Services based upon such reading or other medical examinations, 

shows evidence of the development of pneumoconiosis shall be 

41 
 

 

afforded the option of transferring from his position to another 

position in any area of the mine, for such period or periods as 

may be necessary to prevent further development of such disease, 

where the concentration of respirable dust in the mine atmosphere 

is not more than 2.0 milligrams of dust per cubic meter of air. 

(2) Effective three years after the date of enactment of 

this Act [December 30, 1969], any miner who, in the judgment of 

the Secretary of Health and Human Services based upon such 

reading or other medical examinations, shows evidence of the 

development of pneumoconiosis shall be afforded the option of 

transferring from his position to another position in any area of 

the mine, for such period or periods as may be necessary to 

prevent further development of such disease, where the 

concentration of respirable dust in the mine atmosphere is not 

more than 1.0 milligrams of dust per cubic meter of air, or if 

such level is not attainable in such mine, to a position in such 

mine where the concentration of respirable dust is the lowest 

attainable below 2.0 milligrams per cubic meter of air. 

(3) Any miner so transferred shall receive compensation for 

such work at not less than the regular rate of pay received by 

him immediately prior to his transfer. 

(c) No payment may be required of any miner in connection with 

any examination or test given him pursuant to this title. Where 

such examinations or tests cannot be given, due to the lack of 

adequate medical or other necessary facilities or personnel, in 

the locality where the miner resides, arrangements shall be made 

to have them conducted, in accordance with the provisions of this 

title, in such locality by the Secretary of Health and Human 

Services, or by an appropriate person, agency, or institution, 

public or private, under an agreement or arrangement between the 

Secretary of Health and Human Services and such person, agency, 

or institution. The operator of the mine shall reimburse the 

Secretary of Health and Human Services, or such person, agency, 

or institution, as the case may be, for the cost of conducting 

each examination or test made, in accordance with this title, and 

shall pay whatever other costs are necessary to enable the miner 

to take such examinations or tests. 

(d) If the death of any active miner occurs in any coal mine, 

or if the death of any active or inactive miner occurs in any 

other place, the Secretary of Health and Human Services is 

authorized to provide for an autopsy to be performed on such 

miner, with the consent of his surviving widow or, if he has no 

such widow, then with the consent of his surviving next of kin. 

The results of such autopsy shall be submitted to the Secretary 

of Health and Human Services and, with the consent of such 

survivor, to the miner's physician or other interested person. 

Such autopsy shall be paid for by the Secretary of Health and 

Human Services. 

DUST FROM DRILLING ROCK 

SEC. 204 [§ 844]. The dust resulting from drilling in rock 

shall be controlled by the use of permissible dust collectors, or 

42 
 

 

by water or water with a wetting agent, or by ventilation, or by 

any other method or device approved by the Secretary which is at 

least as effective in controlling such dust. Respiratory 

equipment approved by the Secretary and the Secretary of Health 

and Human Services shall be provided persons exposed for short 

periods to inhalation hazards from gas, dusts, fumes, or mist. 

When the exposure is for prolonged periods, other measures to 

protect such persons or to reduce the hazard shall be taken. 

DUST STANDARD WHEN QUARTZ IS PRESENT 

SEC. 205 [§ 845]. In coal mining operations where the 

concentration of respirable dust in the mine atmosphere of any 

working place contains more than 5 per centum quartz, the 

Secretary of Health and Human Services shall prescribe an 

appropriate formula for determining the applicable respirable 

dust standard under this title for such working place and the 

Secretary shall apply such formula in carrying out his duties 

under this title. 

NOISE STANDARD 

SEC. 206 [§ 846]. On and after the operative date of this 

title, the standards on noise prescribed under the Walsh-Healey 

Public Contracts Act, as amended, in effect October 1, 1969 

[codified at chapter 65 of Title 41], shall be applicable to each 

coal mine and each operator of such mine shall comply with them. 

Within six months after the date of enactment of this Act 

[December 30, 1969], the Secretary of Health and Human Services 

shall establish, and the Secretary shall publish, as provided in 

section 101 of this Act [30 U.S.C. § 811], proposed mandatory 

health standards establishing maximum noise exposure levels for 

all underground coal mines. Beginning six months after the 

operative date of this title, and at intervals of at least every 

six months thereafter, the operator of each coal mine shall 

conduct, in a manner prescribed by the Secretary of Health and 

Human Services, tests by a qualified person of the noise level at 

the mine and report and certify the results to the Secretary and 

the Secretary of Health and Human Services. In meeting such 

standard under this section, the operator shall not require the 

use of any protective device or system, including personal 

devices, which the Secretary or his authorized representative 

finds to be hazardous or cause a hazard to the miners in such 

mine. 

TITLE III--INTERIM MANDATORY SAFETY 

STANDARDS FOR UNDERGROUND COAL MINES 

COVERAGE 

SEC. 301 [§ 861]. (a) The provisions of sections 302 through 

318 of this title [30 U.S.C. §§ 862-878] shall be interim 

mandatory safety standards applicable to all underground coal 

43 
mines until superseded in whole or in part by improved mandatory 

safety standards promulgated by the Secretary under the 

provisions of section 101 of this Act [30 U.S.C. § 811], and 

shall be enforced in the same manner and to the same extent as 

any mandatory safety standard promulgated under section 101 of 

this Act. Any orders issued in the enforcement of the interim 

standards set forth in this title shall be subject to review as 

provided in title I of this Act. 

(b) The purpose of this title is to provide for the immediate 

application of mandatory safety standards developed on the basis 

of experience and advances in technology and to prevent newly 

created hazards resulting from new technology in coal mining. The 

Secretary of the Interior in coordination with the Secretary 

shall immediately initiate studies, investigations, and research 

to further upgrade such standards and to develop and promulgate 

new and improved standards promptly that will provide increased 

protection to the miners, particularly in connection with hazards 

from trolley wires, trolley feeder wires, and signal wires, the 

splicing and use of trailing cables, and in connection with 

improvements in vulcanizing of electric conductors, improvement 

in roof control measures, methane drainage in advance of mining, 

improved methods of measuring methane and other explosive gases 

and oxygen concentrations, and the use of improved underground 

equipment and other sources of power for such equipment. 

ROOF SUPPORT 

SEC. 302 [§ 862]. (a) Each operator shall undertake to carry 

out on a continuing basis a program to improve the roof control 

system of each coal mine and the means and measures to accomplish 

such system. The roof and ribs of all active underground 

roadways, travelways, and working places shall be supported or 

otherwise controlled adequately to protect persons from falls of 

the roof or ribs. A roof control plan and revisions thereof 

suitable to the roof conditions and mining system of each coal 

mine and approved by the Secretary shall be adopted and set out 

in printed form within sixty days after the operative date of 

this title. The plan shall show the type of support and spacing 

approved by the Secretary. Such plan shall be reviewed 

periodically, at least every six months by the Secretary, taking 

into consideration any falls of roof or ribs or inadequacy of 

support of roof or ribs. No person shall proceed beyond the last 

permanent support unless adequate temporary support is provided 

or unless such temporary support is not required under the 

approved roof control plan and the absence of such support will 

not pose a hazard to the miners. A copy of the plan shall be 

furnished the Secretary or his authorized representative and 

shall be available to the miners and their representatives. 

(b) The method of mining followed in any coal mine shall not 

expose the miner to unusual dangers from roof falls caused by 

excessive widths of rooms and entries or faulty pillar recovery 

methods. 

(c) The operator, in accordance with the approved plan, shall 

44 
provide at or near each working face and at such other locations 

in the coal mine as the Secretary may prescribe an ample supply 

of suitable materials of proper size with which to secure the 

roof of all working places in a safe manner. Safety posts, jacks, 

or other approved devices shall be used to protect the workmen 

when roof material is being taken down, crossbars are being 

installed, roof boltholes are being drilled, roof bolts are being 

installed, and in such other circumstances as may be appropriate. 

Loose roof and overhanging or loose faces and ribs shall be taken 

down or supported. Except in the case of recovery work, supports 

knocked out shall be replaced promptly. 

(d) When installation of roof bolts is permitted, such roof 

bolts shall be tested in accordance with the approved roof 

control plan. 

(e) Roof bolts shall not be recovered where complete 

extractions of pillars are attempted, where adjacent to clay 

veins, or at the locations of other irregularities, whether 

natural or otherwise, that induce abnormal hazards. Where roof 

bolt recovery is permitted, it shall be conducted only in 

accordance with methods prescribed in the approved roof control 

plan, and shall be conducted by experienced miners and only where 

adequate temporary support is provided. 

(f) Where miners are exposed to danger from falls of roof, 

face, and ribs the operator shall examine and test the roof, 

face, and ribs before any work or machine is started, and as 

frequently thereafter as may be necessary to insure safety. When 

dangerous conditions are found, they shall be corrected 

immediately. 

VENTILATION 

SEC. 303 [§ 863]. (a) All coal mines shall be ventilated by 

mechanical ventilation equipment installed and operated in a 

manner approved by an authorized representative of the Secretary 

and such equipment shall be examined daily and a record shall be 

kept of such examination. 

(b) All active workings shall be ventilated by a current of 

air containing not less than 19.5 volume per centum of oxygen, 

not more than 0.5 volume per centum of carbon dioxide, and no 

harmful quantities of other noxious or poisonous gases; and the 

volume and velocity of the current of air shall be sufficient to 

dilute, render harmless, and to carry away, flammable, explosive, 

noxious, and harmful gases, and dust, and smoke and explosive 

fumes. The minimum quantity of air reaching the last open 

crosscut in any pair or set of developing entries and the last 

open crosscut in any pair or set of rooms shall be nine thousand 

cubic feet a minute, and the minimum quantity of air reaching the 

intake end of a pillar line shall be nine thousand cubic feet a 

minute. The minimum quantity of air in any coal mine reaching 

each working face shall be three thousand cubic feet a minute. 

Within three months after the operative date of this title, the 

Secretary shall prescribe the minimum velocity and quantity of 

air reaching each working face of each coal mine in order to 

45 
 

 

render harmless and carry away methane and other explosive gases 

and to reduce the level of respirable dust to the lowest 

attainable level. The authorized representative of the Secretary 

may require in any coal mine a greater quantity and velocity of 

air when he finds it necessary to protect the health or safety of 

miners. Within one year after the operative date of this title, 

the Secretary or his authorized representative shall prescribe 

the maximum respirable dust level in the intake aircourses in 

each coal mine in order to reduce such level to the lowest 

attainable level. In robbing areas of anthracite mines, where the 

air currents cannot be controlled and measurements of the air 

cannot be obtained, the air shall have perceptible movement. 

(c)(1) Properly installed and adequately maintained line 

brattice or other approved devices shall be continuously used 

from the last open crosscut of an entry or room of each working 

section to provide adequate ventilation to the working faces for 

the miners and to remove flammable, explosive, and noxious gases, 

dust, and explosive fumes, unless the Secretary or his authorized 

representative permits an exception to this requirement, where 

such exception will not pose a hazard to the miners. When damaged 

by falls or otherwise, such line brattice or other devices shall 

be repaired immediately. 

(2) The space between the line brattice or other approved 

device and the rib shall be large enough to permit the flow of a 

sufficient volume and velocity of air to keep the working face 

clear of flammable, explosive, and noxious gases, dust, and 

explosive fumes. 

(3) Brattice cloth used underground shall be of 

flame-resistant material. 

(d)(1) Within three hours immediately preceding the beginning 

of any shift, and before any miner in such shift enters the 

active workings of a coal mine, certified persons designated by 

the operator of the mine shall examine such workings and any 

other underground area of the mine designated by the Secretary or 

his authorized representative. Each such examiner shall examine 

every working section in such workings and shall make tests in 

each such working section for accumulations of methane with means 

approved by the Secretary for detecting methane and shall make 

tests for oxygen deficiency with a permissible flame safety lamp 

or other means approved by the Secretary; examine seals and doors 

to determine whether they are functioning properly; examine and 

test the roof, face, and rib conditions in such working section; 

examine active roadways, travelways, and belt conveyors on which 

men are carried, approaches to abandoned areas, and accessible 

falls in such section for hazards; test by means of an anemometer 

or other device approved by the Secretary to determine whether 

the air in each split is traveling in its proper course and in 

normal volume and velocity; and examine for such other hazards 

and violations of the mandatory health or safety standards, as an 

authorized representative of the Secretary may from time to time 

require. Belt conveyors on which coal is carried shall be 

examined after each coal-producing shift has begun. Such mine 

examiner shall place his initials and the date and time at all 

places he examines. If such mine examiner finds a condition which 

46 
 

constitutes a violation of a mandatory health or safety standard 

or any condition which is hazardous to persons who may enter or 

be in such area, he shall indicate such hazardous place by 

posting a "DANGER" sign conspicuously at all points which persons 

entering such hazardous place would be required to pass, and 

shall notify the operator of the mine. No person, other than an 

authorized representative of the Secretary or a State mine 

inspector or persons authorized by the operator to enter such 

place for the purpose of eliminating the hazardous condition 

therein, shall enter such place while such sign is so posted. 

Upon completing his examination, such mine examiner shall report 

the results of his examination to a person, designated by the 

operator to receive such reports at a designated station on the 

surface of the mine, before other persons enter the underground 

areas of such mine to work in such shift. Each such mine examiner 

shall also record the results of his examination with ink or 

indelible pencil in a book approved by the Secretary kept for 

such purpose in an area on the surface of the mine chosen by the 

operator to minimize the danger of destruction by fire or other 

hazard, and the record shall be open for inspection by interested 

persons. 

(2) No person (other than certified persons designated 

under this subsection) shall enter any underground area, except 

during any shift, unless an examination of such area as 

prescribed in this subsection has been made within eight hours 

immediately preceding his entrance into such area. 

(e) At least once during each coal-producing shift, or more 

often if necessary for safety, each working section shall be 

examined for hazardous conditions by certified persons designated 

by the operator to do so. Any such condition shall be corrected 

immediately. If such condition creates an imminent danger, the 

operator shall withdraw all persons from the area affected by 

such condition to a safe area, except those persons referred to 

in section 104(d) of this Act [30 U.S.C. § 814(d)], until the 

danger is abated. Such examination shall include tests for 

methane with a means approved by the Secretary for detecting 

methane and for oxygen deficiency with a permissible flame safety 

lamp or other means approved by the Secretary. 

(f) In addition to the pre-shift and daily examinations 

required by this section, examinations for hazardous conditions, 

including tests for methane, and for compliance with the 

mandatory health or safety standards, shall be made at least once 

each week by a certified person designated by the operator in the 

return of each split of air where it enters the main return, on 

pillar falls, at seals, in the main return, at least one entry of 

each intake and return aircourse in its entirety, idle workings, 

and, insofar as safety considerations permit, abandoned areas. 

Such weekly examination need not be made during any week in which 

the mine is idle for the entire week, except that such 

examination shall be made before any other miner returns to the 

mine. The person making such examinations and tests shall place 

his initials and the date and time at the places examined, and if 

any hazardous condition is found, such condition shall be 

reported to the operator promptly. Any hazardous condition shall 

47 
 

be corrected immediately. If such condition creates an imminent 

danger, the operator shall withdraw all persons from the area 

affected by such condition to a safe area, except those persons 

referred to in section 104(d) of this Act [30 U.S.C. § 814(d)], 

until such danger is abated. A record of these examinations, 

tests, and actions taken shall be recorded in ink or indelible 

pencil in a book approved by the Secretary kept for such purpose 

in an area on the surface of the mine chosen by the mine operator 

to minimize the danger of destruction by fire or other hazard, 

and the record shall be open for inspection by interested 

persons. 

(g) At least once each week, a qualified person shall measure 

the volume of air entering the main intakes and leaving the main 

returns, the volume passing through the last open crosscut in any 

pair or set of developing entries and the last open crosscut in 

any pair or set of rooms, the volume and, when the Secretary so 

prescribes, the velocity reaching each working face, the volume 

being delivered to the intake end of each pillar line, and the 

volume at the intake and return of each split of air. A record of 

such measurements shall be recorded in ink or indelible pencil in 

a book approved by the Secretary kept for such purpose in an area 

on the surface of the coal mine chosen by the operator to 

minimize the danger of destruction by fire or other hazard, and 

the record shall be open for inspection by interested persons. 

(h)(1) At the start of each shift, tests for methane shall be 

made at each working place immediately before electrically 

operated equipment is energized. Such tests shall be made by 

qualified persons. If 1.0 volume per centum or more of methane is 

detected, electrical equipment shall not be energized, taken 

into, or operated in, such working place until the air therein 

contains less than 1.0 volume per centum of methane. Examinations 

for methane shall be made during the operation of such equipment 

at intervals of not more than twenty minutes during each shift, 

unless more frequent examinations are required by an authorized 

representative of the Secretary. In conducting such tests, such 

person shall use means approved by the Secretary for detecting 

methane. 

(2) If, at any time the air at any working place, when 

tested at a point not less than twelve inches from the roof, 

face, or rib, contains 1.0 volume per centum or more of methane, 

changes or adjustments shall be made at once in the ventilation 

in such mine so that such air shall contain less than 1.0 volume 

per centum of methane. While such changes or adjustments are 

underway and until they have been achieved, power to electric 

face equipment located in such place shall be cut off, no other 

work shall be permitted in such place, and due precautions shall 

be carried out under the direction of the operator or his agent 

so as not to endanger other areas of the mine. If at any time 

such air contains 1.5 volume per centum or more of methane, all 

persons, except those referred to in section 104(d) of this Act 

[30 U.S.C. § 814(d)], shall be withdrawn from the area of the 

mine endangered thereby to a safe area, and all electric power 

shall be cut off from the endangered area of the mine, until the 

air in such working place shall contain less than 1.0 volume per 

48 
 

 

centum of methane. 

(i)(1) If, when tested, a split of air returning from any 

working section contains 1.0 volume per centum or more of 

methane, changes or adjustments shall be made at once in the 

ventilation in the mine so that such returning air shall contain 

less than 1.0 volume per centum of methane. Tests under this 

paragraph and paragraph (2) of this subsection shall be made at 

four-hour intervals during each shift by a qualified person 

designated by the operator of the mine. In making such tests, 

such person shall use means approved by the Secretary for 

detecting methane. 

(2) If, when tested, a split of air returning from any 

working section contains 1.5 volume per centum or more of 

methane, all persons, except those persons referred to in section 

104(d) of this Act [30 U.S.C. § 814(d)], shall be withdrawn from 

the area of the mine endangered thereby to a safe area and all 

electric power shall be cut off from the endangered area of the 

mine, until the air in such split shall contain less than 1.0 

volume per centum of methane. 

(3) In virgin territory, if the quantity of air in a split 

ventilating the active workings in such territory equals or 

exceeds twice the minimum volume of air prescribed in subsection 

(b) of this section for the last open crosscut, if the air in the 

split returning from such workings does not pass over trolley 

wires or trolley feeder wires, and if a certified person 

designated by the operator is continually testing the methane 

content of the air in such split during mining operations in such 

workings, it shall be necessary to withdraw all persons, except 

those referred to in section 104(d) of this Act [30 U.S.C. § 

814(d)], from the area of the mine endangered thereby to a safe 

area and all electric power shall be cut off from the endangered 

area only when the air returning from such workings contains 2.0 

volume per centum or more of methane. 

(j) Air which has passed by an opening of any abandoned area 

shall not be used to ventilate any working place in the coal mine 

if such air contains 0.25 volume per centum or more of methane. 

Examinations of such air shall be made during the pre-shift 

examination required by subsection (d) of this section. In making 

such tests, a certified person designated by the operator shall 

use means approved by the Secretary for detecting methane. For 

the purposes of this subsection, an area within a panel shall not 

be deemed to be abandoned until such panel is abandoned. 

(k) Air that has passed through an abandoned area or an area 

which is inaccessible or unsafe for inspection shall not be used 

to ventilate any working place in any mine. No air which has been 

used to ventilate an area from which the pillars have been 

removed shall be used to ventilate any working place in a mine, 

except that such air, if it does not contain 0.25 volume per 

centum or more of methane, may be used to ventilate enough 

advancing working places immediately adjacent to the line of 

retreat to maintain an orderly sequence of pillar recovery on a 

set of entries. 

(l) The Secretary or his authorized representative shall 

require, as an additional device for detecting concentrations of 

49 
methane, that a methane monitor, approved as reliable by the 

Secretary after the operative date of this title, be installed, 

when available, on any electric face cutting equipment, 

continuous miner, longwall face equipment, and loading machine, 

except that no monitor shall be required to be installed on any 

such equipment prior to the date on which such equipment is 

required to be permissible under section 305(a) of this title [30 

U.S.C. § 865(a)]. When installed on any such equipment, such 

monitor shall be kept operative and properly maintained and 

frequently tested as prescribed by the Secretary. The sensing 

device of such monitor shall be installed as close to the working 

face as practicable. Such monitor shall be set to deenergize 

automatically such equipment when such monitor is not operating 

properly and to give a warning automatically when the 

concentration of methane reaches a maximum percentage determined 

by an authorized representative of the Secretary which shall not 

be more than 1.0 volume per centum of methane. An authorized 

representative of the Secretary shall require such monitor to 

deenergize automatically equipment on which it is installed when 

the concentration of methane reaches a maximum percentage 

determined by such representative which shall not be more than 

2.0 volume per centum of methane. 

(m) Idle and abandoned areas shall be inspected for methane 

and for oxygen deficiency and other dangerous conditions by a 

certified person with means approved by the Secretary as soon as 

possible but not more than three hours before other persons are 

permitted to enter or work in such areas. Persons, such as 

pumpmen, who are required regularly to enter such areas in the 

performance of their duties, and who are trained and qualified in 

the use of means approved by the Secretary for detecting methane 

and in the use of a permissible flame safety lamp or other means 

approved by the Secretary for detecting oxygen deficiency are 

authorized to make such examinations for themselves, and each 

such person shall be properly equipped and shall make such 

examinations upon entering any such area. 

(n) Immediately before an intentional roof fall is made, 

pillar workings shall be examined by a qualified person 

designated by the operator to ascertain whether methane is 

present. Such person shall use means approved by the Secretary 

for detecting methane. If in such examination methane is found in 

amounts of 1.0 volume per centum or more, such roof fall shall 

not be made until changes or adjustments are made in the 

ventilation so that the air shall contain less than 1.0 volume 

per centum of methane. 

(o) A ventilation system and methane and dust control plan and 

revisions thereof suitable to the conditions and the mining 

system of the coal mine and approved by the Secretary shall be 

adopted by the operator and set out in printed form within ninety 

days after the operative date of this title. The plan shall show 

the type and location of mechanical ventilation equipment 

installed and operated in the mine, such additional or improved 

equipment as the Secretary may require, the quantity and velocity 

of air reaching each working face, and such other information as 

the Secretary may require. Such plan shall be reviewed by the 

50 
operator and the Secretary at least every six months. 

(p) Each operator shall provide for the proper maintenance and 

care of the permissible flame safety lamp or any other approved 

device for detecting methane and oxygen deficiency by a person 

trained in such maintenance, and, before each shift, care shall 

be taken to insure that such lamp or other device is in a 

permissible condition. 

(q) Where areas are being pillared on the operative date of 

this title without bleeder entries, or without bleeder systems or 

an equivalent means, pillar recovery may be completed in the 

area, to the extent approved by an authorized representative of 

the Secretary, if the edges of pillar lines adjacent to active 

workings are ventilated with sufficient air to keep the air in 

open areas along the pillar lines below 1.0 volume per centum of 

methane. 

(r) Each mechanized mining section shall be ventilated with a 

separate split of intake air directed by overcasts, undercasts, 

or the equivalent, except an extension of time, not in excess of 

nine months, may be permitted by the Secretary, under such 

conditions as he may prescribe, whenever he determines that this 

subsection cannot be complied with on the operative date of this 

title. 

(s) In all underground areas of a coal mine, immediately 

before firing each shot or group of multiple shots and after 

blasting is completed, examinations for methane shall be made by 

a qualified person with means approved by the Secretary for 

detecting methane. If methane is found in amounts of 1.0 volume 

per centum or more, changes or adjustments shall be made at once 

in the ventilation so that the air shall contain less than 1.0 

volume per centum of methane. No shots shall be fired until the 

air contains less than 1.0 volume per centum of methane. 

(t) Each operator shall adopt a plan within sixty days after 

the operative date of this title which shall provide that when 

any mine fan stops, immediate action shall be taken by the 

operator or his agent (1) to withdraw all persons from the 

working sections, (2) to cut off the power in the mine in a 

timely manner, (3) to provide for restoration of power and 

resumption of work if ventilation is restored within a reasonable 

period as set forth in the plan after the working places and 

other active workings where methane is likely to accumulate are 

reexamined by a certified person to determine if methane in 

amounts of 1.0 volume per centum or more exists therein, and (4) 

to provide for withdrawal of all persons from the mine if 

ventilation cannot be restored within such reasonable time. The 

plan and revisions thereof approved by the Secretary shall be set 

out in printed form and a copy shall be furnished to the 

Secretary or his authorized representative. 

(u) Changes in ventilation which materially affect the main 

air current or any split thereof and which may affect the safety 

of persons in the coal mine shall be made only when the mine is 

idle. Only those persons engaged in making such changes shall be 

permitted in the mine during the change. Power shall be removed 

from the areas affected by the change before work starts to make 

the change and shall not be restored until the effect of the 

51 
 

change has been ascertained and the affected areas determined to 

be safe by a certified person. 

(v) The mine foreman shall read and countersign promptly the 

daily reports of the pre-shift examiner and assistant mine 

foremen, and he shall read and countersign promptly the weekly 

report covering the examinations for hazardous conditions. Where 

such reports disclose hazardous conditions, they shall be 

corrected promptly. If such conditions create an imminent danger, 

the operator shall withdraw all persons from, or prevent any 

person from entering, as the case may be, the area affected by 

such conditions, except those persons referred to in section 

104(d) of this Act [30 U.S.C. § 104(d)], until such danger is 

abated. The mine superintendent or assistant superintendent of 

the mine shall also read and countersign the daily and weekly 

reports of such persons. 

(w) Each day, the mine foreman and each of his assistants 

shall enter plainly and sign with ink or indelible pencil in a 

book approved by the Secretary provided for that purpose a report 

of the condition of the mine or portion thereof under his 

supervision, which report shall state clearly the location and 

nature of any hazardous condition observed by him or reported to 

him during the day and what action was taken to remedy such 

condition. Such book shall be kept in an area on the surface of 

the mine chosen by the operator to minimize the danger of 

destruction by fire or other hazard, and shall be open for 

inspection by interested persons. 

(x) Before a coal mine is reopened after having been abandoned 

or declared inactive by the operator, the Secretary shall be 

notified, and an inspection shall be made of the entire mine by 

an authorized representative of the Secretary before mining 

operations commence. 

(y)(1) In any coal mine opened after the operative date of 

this title, the entries used as intake and return aircourses 

shall be separated from belt haulage entries, and each operator 

of such mine shall limit the velocity of the air coursed through 

belt haulage entries to the amount necessary to provide an 

adequate supply of oxygen in such entries, and to insure that the 

air therein shall contain less than 1.0 volume per centum of 

methane, and such air shall not be used to ventilate active 

working places. Whenever an authorized representative of the 

Secretary finds, in the case of any coal mine opened on or prior 

to the operative date of this title which has been developed with 

more than two entries, that the conditions in the entries, other 

than belt haulage entries, are such as to permit adequately the 

coursing of intake or return air through such entries, (1) the 

belt haulage entries shall not be used to ventilate, unless such 

entries are necessary to ventilate, active working places, and 

(2) when the belt haulage entries are not necessary to ventilate 

the active working places, the operator of such mine shall limit 

the velocity of the air coursed through the belt haulage entries 

to the amount necessary to provide an adequate supply of oxygen 

in such entries, and to insure that the air therein shall contain 

less than 1.0 volume per centum of methane. 

(2) In any coal mine opened on or after the operative date of 

52 
 

 

this title, or, in the case of a coal mine opened prior to such 

date, in any new working section of such mine, where trolley 

haulage systems are maintained and where trolley wires or trolley 

feeder wires are installed, an authorized representative of the 

Secretary shall require a sufficient number of entries or rooms 

as intake aircourses in order to limit, as prescribed by the 

Secretary, the velocity of air currents on such haulageways for 

the purpose of minimizing the hazards associated with fires and 

dust explosions in such haulageways. 

(z)(1) While pillars are being extracted in any area of a coal 

mine, such area shall be ventilated in the manner prescribed by 

this section. 

(2) Within nine months after the operative date of this 

title, all areas from which pillars have been wholly or partially 

extracted and abandoned areas, as determined by the Secretary or 

his authorized representative, shall be ventilated by bleeder 

entries or by bleeder systems or equivalent means, or be sealed, 

as determined by the Secretary or his authorized representative. 

When ventilation of such areas is required, such ventilation 

shall be maintained so as continuously to dilute, render 

harmless, and carry away methane and other explosive gases within 

such areas and to protect the active workings of the mine from 

the hazards of such methane and other explosive gases. Air 

coursed through underground areas from which pillars have been 

wholly or partially extracted which enters another split of air 

shall not contain more than 2.0 volume per centum of methane, 

when tested at the point it enters such other split. When sealing 

is required, such seals shall be made in an approved manner so as 

to isolate with explosion-proof bulkheads such areas from the 

active workings of the mine. 

(3) In the case of mines opened on or after the operative 

date of this title, or in the case of working sections opened on 

or after such date in mines opened prior to such date, the mining 

system shall be designed in accordance with a plan and revisions 

thereof approved by the Secretary and adopted by such operator so 

that, as each working section of the mine is abandoned, it can be 

isolated from the active workings of the mine with 

explosion-proof seals or bulkheads. 

COMBUSTIBLE MATERIALS AND ROCK DUSTING 

SEC. 304 [§ 864]. (a) Coal dust, including float coal dust 

deposited on rock-dusted surfaces, loose coal, and other 

combustible materials, shall be cleaned up and not be permitted 

to accumulate in active workings, or on electric equipment 

therein. 

(b) Where underground mining operations in active workings 

create or raise excessive amounts of dust, water or water with a 

wetting agent added to it, or other no less effective methods 

approved by the Secretary or his authorized representative, shall 

be used to abate such dust. In working places, particularly in 

distances less than forty feet from the face, water, with or 

without a wetting agent, or other no less effective methods 

53 
 

 

 

 

 

 

 

approved by the Secretary or his authorized representative, shall 

be applied to coal dust on the ribs, roof, and floor to reduce 

dispersibility and to minimize the explosion hazard. 

(c) All underground areas of a coal mine, except those areas 

in which the dust is too wet or too high in incombustible content 

to propagate an explosion, shall be rock dusted to within forty 

feet of all working faces, unless such areas are inaccessible or 

unsafe to enter or unless the Secretary or his authorized 

representative permits an exception upon his finding that such 

exception will not pose a hazard to the miners. All crosscuts 

that are less than forty feet from a working face shall also be 

rock dusted. 

(d) Where rock dust is required to be applied, it shall be 

distributed upon the top, floor, and sides of all underground 

areas of a coal mine and maintained in such quantities that the 

incombustible content of the combined coal dust, rock dust, and 

other dust shall be not less than 65 per centum, but the 

incombustible content in the return aircourses shall be no less 

than 80 per centum. Where methane is present in any ventilating 

current, the per centum of incombustible content of such combined 

dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per 

centum of methane where 65 and 80 per centum, respectively, of 

incombustibles are required. 

(e) Subsections (b) through (d) of this section shall not 

apply to underground anthracite mines. 

ELECTRICAL EQUIPMENT GENERAL 

SEC. 305 [§ 865]. (a)(1) Effective one year after the 

operative date of this title—

(A) all junction or distribution boxes used for 

making multiple power connections inby the last open 

crosscut shall be permissible; 

(B) all handheld electric drills, blower and exhaust 

fans, electric pumps, and such other low horsepower 

electric face equipment as the Secretary may designate 

within two months after the operative date of this title 

which are taken into or used inby the last open crosscut of 

any coal mine shall be permissible; 

(C) all electric face equipment which is taken into 

or used inby the last open crosscut of any coal mine 

classified under any provision of law as gassy prior to the 

operative date of this title shall be permissible; and 

(D) all other electric face equipment which is taken 

into or used inby the last crosscut of any coal mine, except 

a coal mine referred to in paragraph (2) of this subsection, 

which has not been classified under any provision of law as 

a gassy mine prior to the operative date of this title shall 

be permissible; 

(2) Effective four years after the operative date of this 

title, all electric face equipment, other than equipment referred 

to in paragraph (1)(B) of this subsection, which is taken into or 

used inby the last open crosscut of any coal mine which is 

54 
 

 

 

 

 

operated entirely in coal seams located above the watertable and 

which has not been classified under any provision of law as a 

gassy mine prior to the operative date of this title and in which 

one or more openings were made prior to the date of enactment of 

this Act, shall be permissible, except that any operator of such 

mine who is unable to comply with the provisions of this 

paragraph on such effective date may file with the Panel an 

application for a permit for noncompliance ninety days prior to 

such date. If the Panel determines, after notice to all 

interested persons and an opportunity for a public hearing under 

section 5 of this Act [30 U.S.C. § 804], that such application 

satisfies the provisions of paragraph (10) of this subsection and 

that such operator, despite his diligent efforts, will be unable 

to comply with such provisions, the Panel may issue to such 

operator such a permit. Such permit shall entitle the permittee 

to an additional extension of time to comply with the provisions 

of this paragraph of not to exceed twenty-four months, as 

determined by the Panel, from such effective date. 

(3) The operator of each coal mine shall maintain in 

permissible condition all electric face equipment required by 

this subsection to be permissible which is taken into or used 

inby the last open crosscut of any such mine. 

(4) Each operator of a coal mine shall, within two months 

after the operative date of this title, file with the Secretary a 

statement listing all electric face equipment by type and 

manufacturer being used by such operator in connection with 

mining operations in such mine as of the date of such filing, and 

stating whether such equipment is permissible and maintained in 

permissible condition or is nonpermissible on such date of 

filing, and, if nonpermissible, whether such nonpermissible 

equipment has ever been rated as permissible, and such other 

information as the Secretary may require. 

(5) The Secretary shall promptly conduct a survey as to the 

total availability of new or rebuilt permissible electric face 

equipment and replacement parts for such equipment and, within 

six months after the operative date of this title, publish the 

results of such survey. 

(6) Any operator of a coal mine who is unable to comply 

with the provisions of paragraph (1)(D) of this subsection within 

one year after the operative date of this title may file with the 

Panel an application for a permit for noncompliance. If the Panel 

determines that such application satisfies the provisions of 

paragraph (10) of this subsection, the Panel shall issue to such 

operator a permit for noncompliance. Such permit shall entitle 

the permittee to an extension of time to comply with such 

provisions of paragraph (1)(D) of not to exceed twelve months, as 

determined by the Panel, from the date that compliance with the 

provisions of paragraph (1)(D) of this subsection is required. 

(7) Any operator of a coal mine issued a permit under 

paragraph (6) of this subsection who, ninety days prior to the 

termination of such permit, or renewal thereof, determines that 

he will be unable to comply with the provisions of paragraph 

(1)(D) of this subsection upon the expiration of such permit may 

file with the Panel an application for renewal thereof. Upon 

55 
 

 

 

 

 

 

 

 

 

 

 

receipt of such application, the Panel, if it determines, after 

notice to all interested persons and an opportunity for a public 

hearing under section 5 of this Act [30 U.S.C. § 804], that such 

application satisfies the provisions of paragraph (10) of this 

subsection and that such operator, despite his diligent efforts, 

will be unable to comply with the provisions of paragraph (1)(D), 

may renew the permit for a period not exceeding twelve months. 

(8) Any permit or renewal thereof issued pursuant to this 

subsection shall entitle the permittee to use such nonpermissible 

electric face equipment specified in the permit during the term 

of such permit. 

(9) Permits for noncompliance issued under paragraphs (6) 

or (7) of this subsection shall, in the aggregate, not extend the 

period of noncompliance more than forty-eight months after the 

date of enactment of this Act. 

(10) Any application for a permit of noncompliance filed 

under this subsection shall contain a statement by the operator— (A) that he is unable to comply with paragraph (1)(D) or 

paragraph (2) of this subsection, as appropriate, within the 

time prescribed; 

(B) listing the nonpermissible electric face equipment 

being used by such operator in connection with mining 

operations in such mine on the operative date of this title 

and the date of the application by type and manufacturer for 

which a noncompliance permit is requested and whether such 

equipment had ever been rated as permissible; 

(C) setting forth the actions taken from and after the 

operative date of this title to comply with paragraph (1)(D) 

or paragraph (2) of this subsection, as appropriate, 

together with a plan setting forth a schedule of compliance 

with said paragraphs for each such equipment referred to in 

such paragraphs and being used by the operator in connection 

with mining operations in such mine with respect to which 

such permit is requested and the means and measures to be 

employed to achieve compliance; and 

(D) including such other information as the Panel may 

require. 

(11) No permit for noncompliance shall be issued under this 

subsection for any nonpermissible electric face equipment, unless 

such equipment was being used by an operator in connection with 

the mining operations in a coal mine on the operative date of 

this title. 

(12) Effective one year after the operative date of this 

title, all replacement equipment acquired for use in any mine 

referred to in this subsection shall be permissible and shall be 

maintained in a permissible condition, and in the event of any 

major overhaul of any item of equipment in use one year from the 

operative date of this title such equipment shall be put in, and 

thereafter maintained in, a permissible condition, unless, in the 

opinion of the Secretary, such equipment or necessary replacement 

parts are not available. 

(b) A copy of any permit granted under this section shall be 

mailed immediately to a representative of the miners of the mine 

to which it pertains, and to the public official or agency of the 

56 
State charged with administering State laws relating to coal mine 

health and safety in such mine. 

(c) Any coal mine which, prior to the operative date of this 

title, was classed gassy under any provision of law and was 

required to use permissible electric face equipment and to 

maintain such equipment in a permissible condition shall continue 

to use such equipment and to maintain such equipment in such 

condition. 

(d) All power-connection points, except where permissible 

power connection units are used, outby the last open crosscut 

shall be in intake air. 

(e) The location and the electrical rating of all stationary 

electric apparatus in connection with the mine electric system, 

including permanent cables, switchgear, rectifying substations, 

transformers, permanent pumps and trolley wires and trolley 

feeder wires, and settings of all direct-current circuit breakers 

protecting underground trolley circuits, shall be shown on a mine 

map. Any changes made in a location, electric rating, or setting 

shall be promptly shown on the map when the change is made. Such 

map shall be available to an authorized representative of the 

Secretary and to the miners in such mine. 

(f) All power circuits and electric equipment shall be 

deenergized before work is done on such circuits and equipment, 

except when necessary for trouble shooting or testing. In 

addition, energized trolley wires may be repaired only by a 

person trained to perform electrical work and to maintain 

electrical equipment and the operator of such mine shall require 

that such person wear approved and tested insulated shoes and 

wireman's gloves. No electrical work shall be performed on low-, 

medium-, or high-voltage distribution circuits or equipment, 

except by a qualified person or by a person trained to perform 

electrical work and to maintain electrical equipment under the 

direct supervision of a qualified person. Disconnecting devices 

shall be locked out and suitably tagged by the persons who 

performed such work, except that, in cases where locking out is 

not possible, such devices shall be opened and suitably tagged by 

such persons. Locks or tags shall be removed only by the persons 

who installed them or, if such persons are unavailable, by 

persons authorized by the operator or his agent. 

(g) All electric equipment shall be frequently examined, 

tested, and properly maintained by a qualified person to assure 

safe operating conditions. When a potentially dangerous condition 

is found on electric equipment, such equipment shall be removed 

from service until such condition is corrected. A record of such 

examinations shall be kept and made available to an authorized 

representative of the Secretary and to the miners in such mine. 

(h) All electric conductors shall be sufficient in size and 

have adequate current-carrying capacity and be of such 

construction that a rise in temperature resulting from normal 

operation will not damage the insulating materials. 

(i) All electrical connections or splices in conductors shall 

be mechanically and electrically efficient, and suitable 

connectors shall be used. All electrical connections or splices 

in insulated wire shall be reinsulated at least to the same 

57 
degree of protection as the remainder of the wire. 

(j) Cables shall enter metal frames of motors, splice boxes, 

and electric compartments only through proper fittings. When 

insulated wires other than cables pass through metal frames the 

holes shall be substantially bushed with insulated bushings. 

(k) All power wires (except trailing cables on mobile 

equipment, specially designed cables conducting high-voltage 

power to underground rectifying equipment or transformers, or 

bare or insulated ground and return wires) shall be supported on 

well-insulated insulators and shall not contact combustible 

material, roof, or ribs. 

(l) Power wires and cables, except trolley wires, trolley 

feeder wires, and bare signal wires, shall be insulated 

adequately and fully protected. 

(m) Automatic circuit-breaking devices or fuses of the correct 

type and capacity shall be installed so as to protect all 

electric equipment and circuits against short circuit and 

overloads. Three-phase motors on all electric equipment shall be 

provided with overload protection that will deenergize all three 

phases in the event that any phase is overloaded. 

(n) In all main power circuits, disconnecting switches shall 

be installed underground within five hundred feet of the bottoms 

of shafts and boreholes through which main power circuits enter 

the underground area of the mine and within five hundred feet of 

all other places where main power circuits enter the underground 

area of the mine. 

(o) All electric equipment shall be provided with switches or 

other controls that are safely designed, constructed, and 

installed. 

(p) Each ungrounded, exposed power conductor that leads 

underground shall be equipped with suitable lightning arresters 

of approved type within one hundred feet of the point where the 

circuit enters the mine. Lightning arresters shall be connected 

to a low resistance grounding medium on the surface which shall 

be separated from neutral grounds by a distance of not less than 

twenty-five feet. 

(q) No device for the purpose of lighting any coal mine which 

has not been approved by the Secretary or his authorized 

representative shall be permitted in such mine. 

(r) An authorized representative of the Secretary may require 

in any mine that electric face equipment be provided with devices 

that will permit the equipment to be deenergized quickly in the 

event of an emergency. 

TRAILING CABLES 

SEC. 306 [§ 866]. (a) Trailing cables used in coal mines shall 

meet the requirements established by the Secretary for 

flame-resistant cables. 

(b) Short-circuit protection for trailing cables shall be 

provided by an automatic circuit breaker or other no less 

effective device approved by the Secretary of adequate 

current-interrupting capacity in each ungrounded conductor. 

58 
 

 

 

 

Disconnecting devices used to disconnect power from trailing 

cables shall be plainly marked and identified and such devices 

shall be equipped or designed in such a manner that it can be 

determined by visual observation that the power is disconnected. 

(c) When two or more trailing cables junction to the same 

distribution center, means shall be provided to assure against 

connecting a trailing cable to the wrong size circuit breaker. 

(d) One temporary splice may be made in any trailing cable. 

Such trailing cable may only be used for the next twenty-four 

hour period. No temporary splice shall be made in a trailing 

cable within twenty-five feet of the machine, except cable reel 

equipment. Temporary splices in trailing cables shall be made in 

a workmanlike manner and shall be mechanically strong and well 

insulated. Trailing cables or hand cables which have exposed 

wires or which have splices that heat or spark under load shall 

not be used. As used in this subsection, the term "splice" means 

the mechanical joining of one or more conductors that have been 

severed. 

(e) When permanent splices in trailing cables are made, they 

shall be--

(1) mechanically strong with adequate electrical 

conductivity and flexibility; 

(2) effectively insulated and sealed so as to exclude 

moisture; and 

(3) vulcanized or otherwise treated with suitable materials 

to provide flame-resistant qualities and good bonding to the 

outer jacket. 

(f) Trailing cables shall be clamped to machines in a manner 

to protect the cables from damage and to prevent strain on the 

electrical connections. Trailing cables shall be adequately 

protected to prevent damage by mobile equipment. 

(g) Trailing cable and power cable connections to junction 

boxes shall not be made or broken under load. 

GROUNDING 

SEC. 307 [§ 867]. (a) All metallic sheaths, armors, and 

conduits enclosing power conductors shall be electrically 

continuous throughout and shall be grounded by methods approved 

by an authorized representative of the Secretary. Metallic 

frames, casings, and other enclosures of electric equipment that 

can become "alive" through failure of insulation or by contact 

with energized parts shall be grounded by methods approved by an 

authorized representative of the Secretary. Methods other than 

grounding which provide no less effective protection may be 

permitted by the Secretary or his authorized representative 

(b) The frames of all offtrack direct current machines and the 

enclosures of related detached components shall be effectively 

grounded, or otherwise maintained at no less safe voltages, by 

methods approved by an authorized representative of the 

Secretary. 

(c) The frames of all stationary high-voltage equipment 

receiving power from ungrounded delta systems shall be grounded 

59 
 

by methods approved by an authorized representative of the 

Secretary. 

(d) High-voltage lines, both on the surface and underground, 

shall be deenergized and grounded before work is performed on 

them, except that repairs may be permitted, in the case of 

energized surface high-voltage lines, if such repairs are made by 

a qualified person in accordance with procedures and safeguards, 

including, but not limited to, a requirement that the operator of 

such mine provide, test, and maintain protective devices in 

making such repairs, to be prescribed by the Secretary prior to 

the operative date of this title. 

(e) When not in use, power circuits underground shall be 

deenergized on idle days and idle shifts, except that rectifiers 

and transformers may remain energized. 

UNDERGROUND HIGH-VOLTAGE DISTRIBUTION 

SEC. 308 [§ 868]. (a) High-voltage circuits entering the 

underground area of any coal mine shall be protected by suitable 

circuit breakers of adequate interrupting capacity which are 

properly tested and maintained as prescribed by the Secretary. 

Such breakers shall be equipped with devices to provide 

protection against under-voltage, grounded phase, short circuit, 

and overcurrent. 

(b) High-voltage circuits extending underground and supplying 

portable, mobile, or stationary high-voltage equipment shall 

contain either a direct or derived neutral which shall be 

grounded through a suitable resistor at the source transformers, 

and a grounding circuit, originating at the grounded side of the 

grounding resistor, shall extend along with the power conductors 

and serve as a grounding conductor for the frames of all 

high-voltage equipment supplied power from that circuit, except 

that the Secretary or his authorized representative may permit 

ungrounded high-voltage circuits to be extended underground to 

feed stationary electrical equipment if such circuits are either 

steel armored or installed in grounded, rigid steel conduit 

throughout their entire length, and upon his finding that such 

exception does not pose a hazard to the miners. Within one 

hundred feet of the point on the surface where high-voltage 

circuits enter the underground portion of the mine, disconnecting 

devices shall be installed and so equipped or designed in such a 

manner that it can be determined by visual observation that the 

power is disconnected, except that the Secretary or his 

authorized representative may permit such devices to be installed 

at a greater distance from such area of the mine if he 

determines, based on existing physical conditions, that such 

installation will be more accessible at a greater distance and 

will not pose any hazard to the miners. 

(c) The grounding resistor, where required, shall be of the 

proper ohmic value to limit the voltage drop in the grounding 

circuit external to the resistor to not more than 100 volts under 

fault conditions. The grounding resistor shall be rated for 

maximum fault current continuously and insulated from ground for 

60 
 

a voltage equal to the phase-to-phase voltage of the system. 

(d) Six months after the operative date of this title, highvoltage, resistance grounded systems shall include a fail safe 

ground check circuit to monitor continuously the grounding 

circuit to assure continuity and the fail safe ground check 

circuit shall cause the circuit breaker to open when either the 

ground or pilot check wire is broken, or other no less effective 

device approved by the Secretary or his authorized representative 

to assure such continuity, except that an extension of time, not 

in excess of twelve months, may be permitted by the Secretary on 

a mine-by-mine basis if he determines that such equipment is not 

available. 

(e)(1) Underground high-voltage cables used in resistance 

grounded systems shall be equipped with metallic shields around 

each power conductor, with one or more ground conductors having a 

total cross-sectional area of not less than one-half the power 

conductor, and with an insulated internal or external conductor 

not smaller than No. 8 (AWG) for the ground continuity check 

circuit. 

(2) All such cables shall be adequate for the intended 

current and voltage. Splices made in such cables shall provide 

continuity of all components. 

(f) Couplers that are used with medium-voltage or high-voltage 

power circuits shall be of the three-phase type with a full 

metallic shell, except that the Secretary may permit, under such 

guidelines as he may prescribe, no less effective couplers 

constructed of materials other than metal. Couplers shall be 

adequate for the voltage and current expected. All exposed metal 

on the metallic couplers shall be grounded to the ground 

conductor in the cable. The coupler shall be constructed so that 

the ground check continuity conductor shall be broken first and 

the ground conductors shall be broken last when the coupler is 

being uncoupled. 

(g) Single-phase loads, such as transformer primaries, shall 

be connected phase to phase. 

(h) All underground high-voltage transmission cables shall be 

installed only in regularly inspected aircourses and haulageways, 

and shall be covered, buried, or placed so as to afford 

protection against damage, guarded where men regularly work or 

pass under them unless they are six and one-half feet or more 

above the floor or rail, securely anchored, properly insulated, 

and guarded at ends, and covered, insulated, or placed to prevent 

contact with trolley wires and other low-voltage circuits. 

(i) Disconnecting devices shall be installed at the beginning 

of branch lines in high-voltage circuits and equipped or designed 

in such a manner that it can be determined by visual observation 

that the circuit is deenergized when the switches are open. 

(j) Circuit breakers and disconnecting switches underground 

shall be marked for identification. 

(k) In the case of high-voltage cables used as trailing 

cables, temporary splices shall not be used and all permanent 

splices shall be made in accordance with section 306(e) of this 

title [30 U.S.C. § 866(e)]. Terminations and splices in all other 

high-voltage cables shall be made in accordance with the 

61 
manufacturer's specifications. 

(1) Frames, supporting structures, and enclosures of 

stationary, portable, or mobile underground high-voltage 

equipment and all high-voltage equipment supplying power to such 

equipment receiving power from resistance grounded systems shall 

be effectively grounded to the high-voltage ground. 

(m) Power centers and portable transformers shall be 

deenergized before they are moved from one location to another, 

except that, when equipment powered by sources other than such 

centers or transformers is not available, the Secretary may 

permit such centers and transformers to be moved while energized, 

if he determines that another equivalent or greater hazard may 

otherwise be created, and if they are moved under the supervision 

of a qualified person, and if such centers and transformers are 

examined prior to such movement by such person and found to be 

grounded by methods approved by an authorized representative of 

the Secretary and otherwise protected from hazards to the miner. 

A record shall be kept of such examinations. High-voltage cables, 

other than trailing cables, shall not be moved or handled at any 

time while energized, except that, when such centers and 

transformers are moved while energized as permitted under this 

subsection, energized high-voltage cables attached to such 

centers and transformers may be moved only by a qualified person 

and the operator of such mine shall require that such person wear 

approved and tested insulated wireman's gloves. 

UNDERGROUND LOW- AND MEDIUM-VOLTAGE ALTERNATING 

CURRENT CIRCUITS 

SEC. 309 [§ 869]. (a) Low- and medium-voltage power circuits 

serving three-phase alternating current equipment shall be 

protected by suitable circuit breakers of adequate interrupting 

capacity which are properly tested and maintained as prescribed 

by the Secretary. Such breakers shall be equipped with devices to 

provide protection against under-voltage, grounded phase, short 

circuit, and over-current. 

(b) Low- and medium-voltage three-phase alternating-current 

circuits used underground shall contain either a direct or 

derived neutral which shall be grounded through a suitable 

resistor at the power center, and a grounding circuit, 

originating at the grounded side of the grounding resistor, shall 

extend along with the power conductors and serve as a grounding 

conductor for the frames of all the electrical equipment supplied 

power from that circuit, except that the Secretary or his 

authorized representative may permit ungrounded low- and 

medium-voltage circuits to be used underground to feed such 

stationary electrical equipment if such circuits are either steel 

armored or installed in grounded rigid steel conduit throughout 

their entire length. The grounding resistor, where required, 

shall be of the proper ohmic value to limit the ground fault 

current to 25 amperes. The grounding resistor shall be rated for 

maximum fault current continuously and insulated from ground for 

a voltage equal to the phase-to-phase voltage of the system. 

62 
 

(c) Six months after the operative date of this title, lowand medium-voltage resistance grounded systems shall include a 

fail safe ground check circuit to monitor continuously the 

grounding circuit to assure continuity which ground check circuit 

shall cause the circuit breaker to open when either the ground or 

pilot check wire is broken, or other no less effective device 

approved by the Secretary or his authorized representative to 

assure such continuity, except that an extension of time, not in 

excess of twelve months, may be permitted by the Secretary on a 

mine-by-mine basis if he determines that such equipment is not 

available. Cable couplers shall be constructed so that the ground 

check continuity conductor shall be broken first and the ground 

conductors shall be broken last when the coupler is being 

uncoupled. 

(d) Disconnecting devices shall be installed in conjunction 

with the circuit breaker to provide visual evidence that the 

power is disconnected. Trailing cables for mobile equipment shall 

contain one or more ground conductors having a cross sectional 

area of not less than one-half the power conductor, and, six 

months after the operative date of this title, an insulated 

conductor for the ground continuity check circuit or other no 

less effective device approved by the Secretary or his authorized 

representative to assure such continuity, except that an 

extension of time, not in excess of twelve months may be 

permitted by the Secretary on a mine-by-mine basis if he 

determines that such equipment is not available. Splices made in 

the cables shall provide continuity of all components. 

(e) Single phase loads shall be connected phase to phase. 

(f) Circuit breakers shall be marked for identification. 

(g) Trailing cables for medium voltage circuits shall include 

grounding conductors, a ground check conductor, and ground 

metallic shields around each power conductor or a grounded 

metallic shield over the assembly, except that on equipment 

employing cable reels, cables without shields may be used if the 

insulation is rated 2,000 volts or more. 

TROLLEY WIRES AND TROLLEY FEEDER WIRES 

SEC. 310 [§ 870]. (a) Trolley wires and trolley feeder wires 

shall be provided with cutout switches at intervals of not more 

than 2,000 feet and near the beginning of all branch lines. 

(b) Trolley wires and trolley feeder wires shall be provided 

with overcurrent protection. 

(c) Trolley wires and trolley feeder wires, high-voltage 

cables and transformers shall not be located inby the last open 

crosscut and shall be kept at least 150 feet from pillar 

workings. 

(d) Trolley wires, trolley feeder wires, and bare signal wires 

shall be insulated adequately where they pass through doors and 

stoppings, and where they cross other power wires and cables. 

Trolley wires and trolley feeder wires shall be guarded 

adequately (1) at all points where men are required to work or 

pass regularly under the wires; (2) on both sides of all doors 

63 
 

and stoppings; and (3) at man-trip stations. The Secretary or his 

authorized representative shall specify other conditions where 

trolley wires and trolley feeder wires shall be adequately 

protected to prevent contact by any person, or shall require the 

use of improved methods to prevent such contact. Temporary guards 

shall be provided where trackmen and other persons work in 

proximity to trolley wires and trolley feeder wires. 

FIRE PROTECTION 

SEC. 311 [§ 871]. (a) Each coal mine shall be provided with 

suitable firefighting equipment adapted for the size and 

conditions of the mine. The Secretary shall establish minimum 

requirements for the type, quality, and quantity of such 

equipment, and the interpretations of the Secretary or the 

Director of the United States Bureau of Mines relating to such 

equipment in effect on the operative date of this title shall 

continue in effect until modified or superseded by the Secretary. 

After every blasting operation, an examination shall be made to 

determine whether fires have been started. 

(b) Underground storage places for lubricating oil and grease 

shall be of fireproof construction. Except for specially prepared 

materials approved by the Secretary, lubricating oil and grease 

kept in all underground areas in a coal mine shall be in 

fireproof, closed metal containers or other no less effective 

containers approved by the Secretary. 

(c) Underground transformer stations, battery-charging 

stations, substations, compressor stations, shops, and permanent 

pumps shall be housed in fireproof structures or areas. Air 

currents used to ventilate structures or areas enclosing 

electrical installations shall be coursed directly into the 

return. Other underground structures installed in a coal mine as 

the Secretary may prescribe shall be of fireproof construction. 

(d) All welding, cutting, or soldering with arc or flame in 

all underground areas of a coal mine shall, whenever practicable, 

be conducted in fireproof enclosures. Welding, cutting or 

soldering with arc or flame in other than a fireproof enclosure 

shall be done under the supervision of a qualified person who 

shall make a diligent search for fire during and after such 

operations and shall, immediately before and during such 

operations, continuously test for methane with means approved by 

the Secretary for detecting methane. Welding, cutting, or 

soldering shall not be conducted in air that contains 1.0 volume 

per centum or more of methane. Rock dust or suitable fire 

extinguishers shall be immediately available during such welding, 

cutting, or soldering. 

(e) Within one year after the operative date of this title, 

fire suppression devices meeting specifications prescribed by the 

Secretary shall be installed on unattended underground equipment 

and suitable fire-resistant hydraulic fluids approved by the 

Secretary shall be used in the hydraulic systems of such 

equipment. Such fluids shall be used in the hydraulic systems of 

other underground equipment unless fire suppression devices 

64 
 

 

 

meeting specifications prescribed by the Secretary are installed 

on such equipment. 

(f) Deluge-type water sprays or foam generators automatically 

actuated by rise in temperature, or other no less effective means 

approved by the Secretary of controlling fire, shall be installed 

at main and secondary belt-conveyor drives. Where sprays or foam 

generators are used they shall supply a sufficient quantity of 

water or foam to control fires. 

(g) Underground belt conveyors shall be equipped with slippage 

and sequence switches. The Secretary shall, within sixty days 

after the operative date of this title, require that devices be 

installed on all such belts which will give a warning 

automatically when a fire occurs on or near such belt. The 

Secretary shall prescribe a schedule for installing fire 

suppression devices on belt haulageways. 

(h) On and after the operative date of this title, all 

conveyor belts acquired for use underground shall meet the 

requirements to be established by the Secretary for 

flame-resistant conveyor belts. 

MAPS 

SEC. 312 [§ 872]. (a) The operator of a coal mine shall have 

in a fireproof repository located in an area on the surface of 

the mine chosen by the mine operator to minimize the danger of 

destruction by fire or other hazard, an accurate and up-to-date 

map of such mine drawn on scale. Such map shall show the active 

workings, all pillared, worked out, and abandoned areas, except 

as provided in this section, entries and aircourses with the 

direction of airflow indicated by arrows, contour lines of all 

elevations, elevations of all main and cross or side entries, dip 

of the coalbed, escapeways, adjacent mine workings within one 

thousand feet, mines above or below, water pools above, and 

either producing or abandoned oil and gas wells located within 

five hundred feet of such mine and any underground area of such 

mine, and such other information as the Secretary may require. 

Such map shall identify those areas of the mine which have been 

pillared, worked out, or abandoned which are inaccessible or 

cannot be entered safely and on which no information is 

available. Such map shall be made or certified by a registered 

engineer or a registered surveyor of the State in which the mine 

is located. Such map shall be kept up to date by temporary 

notations and such map shall be revised and supplemented at 

intervals prescribed by the Secretary on the basis of a survey 

made or certified by such engineer or surveyor. 

(b) The coal mine map and any revision and supplement thereof 

shall be available for inspection by the Secretary or his 

authorized representative, by coal mine inspectors of the State 

in which the mine is located, by miners in the mine and their 

representatives and by operators of adjacent coal mines and by 

persons owning, leasing, or residing on surface areas of such 

mines or areas adjacent to such mines. The operator shall furnish 

to the Secretary or his authorized representative and to the 

65 
 

Secretary of Housing and Urban Development, upon request, one or 

more copies of such map and any revision and supplement thereof. 

Such map or revision and supplement thereof shall be kept 

confidential and its contents shall not be divulged to any other 

person, except to the extent necessary to carry out the 

provisions of this Act and in connection with the functions and 

responsibilities of the Secretary of Housing and Urban 

Development. 

(c) Whenever an operator permanently closes or abandons a coal 

mine, or temporarily closes a coal mine for a period of more than 

ninety days, he shall promptly notify the Secretary of such 

closure. Within sixty days of the permanent closure or 

abandonment of the mine, or, when the mine is temporarily closed, 

upon the expiration of a period of ninety days from the date of 

closure, the operator shall file with the Secretary a copy of the 

mine map revised and supplemented to the date of the closure. 

Such copy of the mine map shall be certified by a registered 

surveyor or registered engineer of the State in which the mine is 

located and shall be available for public inspection. 

BLASTING AND EXPLOSIVES 

SEC. 313 [§ 873]. (a) Black blasting powder shall not be 

stored or used underground. Mudcaps (adobes) or other unconfined 

shots shall not be fired underground. 

(b) Explosives and detonators shall be kept in separate 

containers until immediately before blasting. In underground 

anthracite mines, (1) mudcaps or other open, unconfined shake 

shots may be fired, if restricted to battery starting when 

methane or a fire hazard is not present, and if it is otherwise 

impracticable to start the battery; (2) open, unconfined shake 

shots in pitching veins may be fired, when no methane or fire 

hazard is present, if the taking down of loose hanging coal by 

other means is too hazardous; and (3) tests for methane shall be 

made immediately before such shots are fired and if 1.0 volume 

per centum or more of methane is present, when tested, such shot 

shall not be made until the methane content is reduced below 1.0 

volume per centum. 

(c) Except as provided in this subsection, in all underground 

areas of a coal mine only permissible explosives, electric 

detonators of proper strength, and permissible blasting devices 

shall be used and all explosives and blasting devices shall be 

used in a permissible manner. Permissible explosives shall be 

fired only with permissible shot firing units. Only incombustible 

materials shall be used for stemming boreholes. The Secretary 

may, under such safeguards as he may prescribe, permit the firing 

of more than twenty shots and allow the use of nonpermissible 

explosives in sinking shafts and slopes from the surface in rock. 

Nothing in this section shall prohibit the use of compressed air 

blasting. 

(d) Explosives or detonators carried anywhere underground in a 

coal mine by any person shall be in containers constructed of 

non-conductive material, maintained in good condition, and kept 

66 
 

 

closed. 

(e) Explosives or detonators shall be transported in special 

closed containers (1) in cars moved by means of a locomotive or 

rope, (2) on belts, (3) in shuttle cars, or (4) in equipment 

designed especially to transport such explosives or detonators. 

(f) When supplies of explosives and detonators for use in one 

or more working sections are stored underground, they shall be 

kept in section boxes or magazines of substantial construction 

with no metal exposed on the inside, located at least twenty-five 

feet from roadways and power wires, and in a dry, well 

rock-dusted location protected from falls of roof, except in 

pitching beds, where it is not possible to comply with the 

location requirement, such boxes shall be placed in niches cut 

into the solid coal or rock. 

(g) Explosives and detonators stored in the working places 

shall be kept in separate closed containers which shall be 

located out of the line of blast and not less than fifty feet 

from the working face and fifteen feet from any pipeline, 

powerline, rail, or conveyor, except that, if kept in niches in 

the rib, the distance from any pipeline, powerline, rail, or 

conveyor shall be at least five feet. Such explosives and 

detonators, when stored, shall be separated by a distance of at 

least five feet. 

HOISTING AND MANTRIPS 

SEC. 314 [§ 874]. (a) Every hoist used to transport persons at 

a coal mine shall be equipped with overspeed, overwind, and 

automatic stop controls. Every hoist handling platforms, cages, 

or other devices used to transport persons shall be equipped with 

brakes capable of stopping the fully loaded platform, cage, or 

other device; with hoisting cable adequately strong to sustain 

the fully loaded platform, cage, or other device; and have a 

proper margin of safety. Cages, platforms, or other devices which 

are used to transport persons in shafts and slopes shall be 

equipped with safety catches or other no less effective devices 

approved by the Secretary that act quickly and effectively in an 

emergency, and such catches shall be tested at least once every 

two months. Hoisting equipment, including automatic elevators, 

that is used to transport persons shall be examined daily. Where 

persons are transported into, or out of, a coal mine by hoists, a 

qualified hoisting engineer shall be on duty while any person is 

underground, except that no such engineer shall be required for 

automatically operated cages, platforms, or elevators. 

(b) Other safeguards adequate, in the judgment of an 

authorized representative of the Secretary, to minimize hazards 

with respect to transportation of men and materials shall be 

provided. 

(c) Hoists shall have rated capacities consistent with the 

loads handled and the recommended safety factors of the ropes 

used. An accurate and reliable indicator of the position of the 

cage, platform, skip, bucket, or cars shall be provided. 

(d) There shall be at least two effective methods approved by 

67 
 

 

 

the Secretary of signaling between each of the shaft stations and 

the hoist room, one of which shall be a telephone or speaking 

tube. 

(e) Each locomotive and haulage car used in an underground 

coal mine shall be equipped with automatic brakes, where space 

permits. Where space does not permit automatic brakes, 

locomotives and haulage cars shall be subject to speed reduction 

gear, or other similar devices approved by the Secretary which 

are designed to stop the locomotives and haulage cars with the 

proper margin of safety. 

(f) All haulage equipment acquired by an operator of a coal 

mine on or after one year after the operative date of this title 

shall be equipped with automatic couplers which couple by impact 

and uncouple without the necessity of persons going between the 

ends of such equipment. All haulage equipment without automatic 

couplers in use in a mine on the operative date of this title 

shall also be so equipped within four years after the operative 

date of this title. 

EMERGENCY SHELTERS 

SEC. 315 [§ 875]. The Secretary or an authorized 

representative of the Secretary may prescribe in any coal mine 

that rescue chambers, properly sealed and ventilated, be erected 

at suitable locations in the mine to which persons may go in case 

of an emergency for protection against hazards. Such chambers 

shall be properly equipped with first aid materials, an adequate 

supply of air and self-contained breathing equipment, an 

independent communication system to the surface, and proper 

accommodations for the persons while awaiting rescue, and such 

other equipment as the Secretary may require. A plan for the 

erection, maintenance, and revisions of such chambers and the 

training of the miners in their proper use shall be submitted by 

the operator to the Secretary for his approval. 

COMMUNICATIONS AND EMERGENCY RESPONSE PLANS 

SEC. 316 [§ 876]. (a) IN GENERAL. -- TELEPHONE service or 

equivalent two-way communication facilities, approved by the 

Secretary or his authorized representative, shall be provided 

between the surface and each landing of main shafts and slopes 

and between the surface and each working section of any coal mine 

that is more than one hundred feet from a portal. 

(b) ACCIDENT PREPAREDNESS AND RESPONSE.—

(1) IN GENERAL.--Each underground coal mine operator shall 

carry out on a continuing basis a program to improve accident 

preparedness and response at each mine. 

(2) RESPONSE AND PREPAREDNESS PLAN.-- (A) IN GENERAL.--Not later than 60 days after the 

date of enactment of the Mine Improvement and New Emergency 

Response Act of 2006 [June 15, 2006], each underground coal 

mine operator shall develop and adopt a written accident 

response plan that complies with this subsection with 

68 
 

 

 

 

 

 

respect to each mine of the operator, and periodically 

update such plans to reflect changes in operations in the 

mine, advances in technology, or other relevant 

considerations. Each such operator shall make the accident 

response plan available to the miners and the miners' 

representatives. 

(B) PLAN REQUIREMENTS.--An accident response plan 

under subparagraph (A) shall--

(i) provide for the evacuation of all individuals 

endangered by an emergency; and 

(ii) provide for the maintenance of individuals 

trapped underground in the event that miners are not 

able to evacuate the mine. 

(C) PLAN APPROVAL.--The accident response plan under 

subparagraph (A) shall be subject to review and approval by 

the Secretary. In determining whether to approve a 

particular plan the Secretary shall take into consideration 

all comments submitted by miners or their representatives. 

Approved plans shall— (i) afford miners a level of safety protection at 

least consistent with the existing standards, including 

standards mandated by law and regulation; 

(ii) reflect the most recent credible scientific 

research; 

(iii) be technologically feasible, make use of 

current commercially available technology, and account 

for the specific physical characteristics of the mine; 

and 

(iv) reflect the improvements in mine safety 

gained from experience under this Act and other worker 

safety and health laws. 

(D) PLAN REVIEW.--The accident response plan under 

subparagraph (A) shall be reviewed periodically, but at 

least every 6 months, by the Secretary. In such periodic 

reviews, the Secretary shall consider all comments submitted 

by miners or miners' representatives and intervening 

advancements in science and technology that could be 

implemented to enhance miners' ability to evacuate or 

otherwise survive in an emergency. 

(E) PLAN CONTENT-GENERAL REQUIREMENTS.--To be 

approved under subparagraph (C), an accident response plan 

shall include the following: 

(i) POST-ACCIDENT COMMUNICATIONS.--The plan 

shall provide for a redundant means of communication 

with the surface for persons underground, such as 

secondary telephone or equivalent two-way 

communication. 

(ii) POST-ACCIDENT TRACKING.--Consistent with 

commercially available technology and with the physical 

constraints, if any, of the mine, the plan shall 

provide for above ground personnel to determine the 

current, or immediately pre-accident, location of all 

underground personnel. Any system so utilized shall be 

69 
 

 

 

 

 

 

functional, reliable, and calculated to remain 

serviceable in a post-accident setting. 

(iii) POST-ACCIDENT BREATHABLE AIR.--The plan 

shall provide for--

(I) emergency supplies of breathable air for 

individuals trapped underground sufficient to maintain 

such individuals for a sustained period of time; 

(II) in addition to the 2 hours of 

breathable air per miner required by law under the 

emergency temporary standard as of the day before the 

date of enactment of the Mine Improvement and New 

Emergency Response Act of 2006 [June 15, 2006], caches 

of self-rescuers providing in the aggregate not less 

than 2 hours per miner to be kept in escapeways from 

the deepest work area to the surface at a distance of 

no further than an average miner could walk in 30 

minutes; 

(III) a maintenance schedule for checking 

the reliability of self rescuers, retiring older selfrescuers first, and introducing new self-rescuer 

technology, such as units with interchangeable air or 

oxygen cylinders not requiring doffing to replenish 

airflow and units with supplies of greater than 60 

minutes, as they are approved by the Administration and 

become available on the market; and 

(IV) training for each miner in proper 

procedures for donning self-rescuers, switching from 

one unit to another, and ensuring a proper fit. 

(iv) POST-ACCIDENT LIFELINES.--The plan shall 

provide for the use of flame-resistant directional 

lifelines or equivalent systems in escapeways to enable 

evacuation. The flame-resistance requirement of this 

clause shall apply upon the replacement of existing 

lifelines, or, in the case of lifelines in working 

sections, upon the earlier of the replacement of such 

lifelines or 3 years after the date of enactment of the 

Mine Improvement and New Emergency Response Act of 2006 

[June 15, 2006]. 

(v) TRAINING.--The plan shall provide a 

training program for emergency procedures described in 

the plan which will not diminish the requirements for 

mandatory health and safety training currently required 

under section 115. 

(vi) LOCAL COORDINATION.--The plan shall set 

out procedures for coordination and communication 

between the operator, mine rescue teams, and local 

emergency response personnel and make provisions for 

familiarizing local rescue personnel with surface 

functions that may be required in the course of mine 

rescue work. 

(F) PLAN CONTENT-SPECIFIC REQUIREMENTS.--

(i) IN GENERAL.--In addition to the content 

requirements contained in subparagraph (E), and subject 

to the considerations contained in subparagraph (C), 

70 
 

 

 

the Secretary may make additional plan requirements 

with respect to any of the content matters. 

(ii) POST ACCIDENT COMMUNICATIONS.--Not later 

than 3 years after the date of enactment of the Mine 

Improvement and New Emergency Response Act of 2006 

[June 15, 2006], a plan shall, to be approved, provide 

for post accident communication between underground and 

surface personnel via a wireless two-way medium, and 

provide for an electronic tracking system permitting 

surface personnel to determine the location of any 

persons trapped underground or set forth within the 

plan the reasons such provisions can not be adopted. 

Where such plan sets forth the reasons such provisions 

can not be adopted, the plan shall also set forth the 

operator's alternative means of compliance. Such 

alternative shall approximate, as closely as possible, 

the degree of functional utility and safety protection 

provided by the wireless two-way medium and tracking 

system referred to in this subpart. 

(G) PLAN DISPUTE RESOLUTION.--

(i) IN GENERAL.--Any dispute between the 

Secretary and an operator with respect to the content 

of the operator's plan or any refusal by the Secretary 

to approve such a plan shall be resolved on an 

expedited basis. 

(ii) DISPUTES.--In the event of a dispute or 

refusal described in clause (i), the Secretary shall 

issue a citation which shall be immediately referred to 

a Commission Administrative Law Judge. The Secretary 

and the operator shall submit all relevant material 

regarding the dispute to the Administrative Law Judge 

within 15 days of the date of the referral. The 

Administrative Law Judge shall render his or her 

decision with respect to the plan content dispute 

within 15 days of the receipt of the submission. 

(iii) FURTHER APPEALS.--A party adversely 

affected by a decision under clause (ii) may pursue all 

further available appeal rights with respect to the 

citation involved, except that inclusion of the 

disputed provision in the plan will not be limited by 

such appeal unless such relief is requested by the 

operator and permitted by the Administrative Law Judge. 

(H) MAINTAINING PROTECTIONS FOR MINERS.--

Notwithstanding any other provision of this Act, 

nothing in this section, and no response and 

preparedness plan developed under this section, shall 

be approved if it reduces the protection afforded 

miners by an existing mandatory health or safety 

standard. 

MISCELLANEOUS 

SEC. 317 [§ 877]. (a) Each operator of a coal mine shall take 

71 
reasonable measures to locate oil and gas wells penetrating 

coalbeds or any underground area of a coal mine. When located, 

such operator shall establish and maintain barriers around such 

oil and gas wells in accordance with State laws and regulations, 

except that such barriers shall not be less than three hundred 

feet in diameter, unless the Secretary or his authorized 

representative permits a lesser barrier consistent with the 

applicable State laws and regulations where such lesser barrier 

will be adequate to protect against hazards from such wells to 

the miners in such mine, or unless the Secretary or his 

authorized representative requires a greater barrier where the 

depth of the mine, other geologic conditions, or other factors 

warrant such a greater barrier. 

(b) Whenever any working place approaches within fifty feet of 

abandoned areas in the mine as shown by surveys made and 

certified by a registered engineer or surveyor, or within two 

hundred feet of any other abandoned areas of the mine which 

cannot be inspected and which may contain dangerous accumulations 

of water or gas, or within two hundred feet of any workings of an 

adjacent mine, a borehole or boreholes shall be drilled to a 

distance of at least twenty feet in advance of the working face 

of such working place and shall be continually maintained to a 

distance of at least ten feet in advance of the advancing working 

face. When there is more than one borehole, they shall be drilled 

sufficiently close to each other to insure that the advancing 

working face will not accidentally hole through into abandoned 

areas or adjacent mines. Boreholes shall also be drilled not more 

than eight feet apart in the rib of such working place to a 

distance of at least twenty feet and at an angle of forty-five 

degrees. Such rib holes shall be drilled in one or both ribs of 

such working place as may be necessary for adequate protection of 

miners in such place. 

(c) No person shall smoke, carry smoking materials, matches, 

or lighters underground, or smoke in or around oil houses, 

explosives magazines, or other surface areas where such practice 

may cause a fire or explosion. The operator shall institute a 

program, approved by the Secretary, to insure that any person 

entering the underground area of the mine does not carry smoking 

materials, matches, or lighters. 

(d) Persons underground shall use only permissible electric 

lamps approved by the Secretary for portable illumination. No 

open flame shall be permitted in the underground area of any coal 

mine, except as permitted under section 311(d) of this title [30 

U.S.C. § 871(d). 

(e) Within nine months after the operative date of this title, 

the Secretary shall propose the standards under which all working 

places in a mine shall be illuminated by permissible lighting, 

within eighteen months after the promulgation of such standards, 

while persons are working in such places. 

(f)(1) Except as provided in paragraphs (2) and (3) of this 

subsection, at least two separate and distinct travelable 

passageways which are maintained to insure passage at all times 

of any person, including disabled persons, and which are to be 

designated as escapeways, at least one of which is ventilated 

72 
 

with intake air, shall be provided from each working section 

continuous to the surface escape drift opening, or continuous to 

the escape shaft or slope facilities to the surface, as 

appropriate, and shall be maintained in safe condition and 

properly marked. Mine openings shall be adequately protected to 

prevent the entrance into the underground area of the mine of 

surface fires, fumes, smoke, and flood water. Escape facilities 

approved by the Secretary or his authorized representative, 

properly maintained and frequently tested, shall be present at or 

in each escape shaft or slope to allow all persons, including 

disabled persons, to escape quickly to the surface in the event 

of an emergency. 

(2) When new coal mines are opened, not more than twenty 

miners shall be allowed at any one time in any mine until a 

connection has been made between the two mine openings, and such 

connections shall be made as soon as possible. 

(3) When only one mine opening is available, owing to final 

mining of pillars, not more than twenty miners shall be allowed 

in such mine at any one time, and the distance between the mine 

opening and working face shall not exceed five hundred feet. 

(4) In the case of all coal mines opened on or after the 

operative date of this title, and in the case of all new working 

sections opened on or after such date in mines opened prior to 

such date, the escapeway required by this section to be 

ventilated with intake air shall be separated from the belt and 

trolley haulage entries of the mine for the entire length of such 

entries to the beginning of each working section, except that the 

Secretary or his authorized representative may permit such 

separation to be extended for a greater or lesser distance so 

long as such extension does not pose a hazard to the miners. 

(g) After the operative date of this title, all structures 

erected on the surface within one hundred feet of any mine 

opening shall be of fireproof construction. Unless structures 

existing on or prior to such date which are located within one 

hundred feet of any mine opening are of such construction, fire 

doors shall be erected at effective points in mine openings to 

prevent smoke or fire from outside sources endangering miners 

underground. These doors shall be tested at least monthly to 

insure effective operation. A record of such tests shall be kept 

in an area on the surface of the mine chosen by the operator to 

minimize the danger of destruction by fire or other hazard and 

shall be available for inspection by interested persons. 

(h) Adequate measures shall be taken to prevent methane and 

coal dust from accumulating in excessive concentrations in or on 

surface coal-handling facilities, but in no event shall methane 

be permitted to accumulate in concentrations in or on surface 

coal-handling facilities in excess of limits established for 

methane by the Secretary within one year after the operative date 

of this title. Where coal is dumped at or near air-intake 

openings, provisions shall be made to avoid dust from entering 

the mine. 

(i) Every operator of a coal mine shall provide a program, 

approved by the Secretary, of training and retraining of both 

qualified and certified persons needed to carry out functions 

73 
 

prescribed in this Act. 

(j) An authorized representative of the Secretary may require 

in any coal mine where the height of the coalbed permits that 

electric face equipment, including shuttle cars, be provided with 

substantially constructed canopies or cabs to protect the miners 

operating such equipment from roof falls and from rib and face 

rolls. 

(k) On and after the operative date of this title, the opening 

of any coal mine that is declared inactive by its operator or is 

permanently closed or abandoned for more than ninety days, shall 

be sealed by the operator in a manner prescribed by the 

Secretary. Openings of all other mines shall be adequately 

protected in a manner prescribed by the Secretary to prevent 

entrance by unauthorized persons. 

(1) The Secretary may require any operator to provide adequate 

facilities for the miners to change from the clothes worn 

underground, to provide for the storing of such clothes from 

shift to shift, and to provide sanitary and bathing facilities. 

Sanitary toilet facilities shall be provided in the active 

workings of the mine when such surface facilities are not readily 

accessible to the active workings. 

(m) Each operator shall make arrangements in advance for 

obtaining emergency medical assistance and transportation for 

injured persons. Emergency communications shall be provided to 

the nearest point of assistance. Selected agents of the operator 

shall be trained in first aid and first aid training shall be 

made available to all miners. Each coal mine shall have an 

adequate supply of first aid equipment located on the surface, at 

the bottom of shafts and slopes, and at other strategic locations 

near the working faces. In fulfilling each of the requirements of 

this subsection, the operator shall meet at least minimum 

requirements prescribed by the Secretary of Health and Human 

Services. Within two months after the operative date of this 

title, each operator shall file with the Secretary a plan setting 

forth in such detail as the Secretary may require the manner in 

which such operator has fulfilled the requirements in this 

subsection. 

(n) A self-rescue device approved by the Secretary shall be 

made available to each miner by the operator which shall be 

adequate to protect such miner for one hour or longer. Each 

operator shall train each miner in the use of such device. 

(o) The Secretary shall prescribe improved methods of assuring 

that miners are not exposed to atmospheres that are deficient in 

oxygen. 

(p) Each operator of a coal mine shall establish a check-in 

and check-out system which will provide positive identification 

of every person underground, and will provide an accurate record 

of the persons in the mine kept on the surface in a place chosen 

to minimize the danger of destruction by fire or other hazard. 

Such record shall bear a number identical to an identification 

check that is securely fastened to the lamp belt worn by the 

person underground. The identification check shall be made of a 

rust resistant metal of not less than sixteen gauge. 

(q) The Secretary shall require, when technologically 

74 
 

 

 

 

 

 

 

feasible, that devices to prevent and suppress ignitions be 

installed on electric face cutting equipment. 

(r) Whenever an operator mines coal from a coal mine opened 

after the operative date of this title, or from any new working 

section of a mine opened prior to such date, in a manner that 

requires the construction, operation, and maintenance of tunnels 

under any river, stream, lake, or other body of water, that is, 

in the judgment of the Secretary, sufficiently large to 

constitute a hazard to miners, such operator shall obtain a 

permit from the Secretary which shall include such terms and 

conditions as he deems appropriate to protect the safety of 

miners working or passing through such tunnels from cave-ins and 

other hazards. Such permits shall require, in accordance with a 

plan to be approved by the Secretary, that a safety zone be 

established beneath and adjacent to such body of water. No plan 

shall be approved unless there is a minimum of cover to be 

determined by the Secretary, based on test holes drilled by the 

operator in a manner to be prescribed by the Secretary. No such 

permit shall be required in the case of any new working section 

of a mine which is located under any water resource reservoir 

being constructed by a Federal agency on the date of enactment of 

this Act [December 30, 1969], the operator of which is required 

by such agency to operate in a manner that adequately protects 

the safety of miners working in such section from cave-ins and 

other hazards. 

(s) An adequate supply of potable water shall be provided for 

drinking purposes in the active workings of the mine, and such 

water shall be carried, stored, and otherwise protected in 

sanitary containers. 

(t) Within one year after the operative date of this title, 

the Secretary shall propose standards for preventing explosions 

from explosive gases other than methane and for testing for 

accumulations of such gases. 

DEFINITIONS 

SEC. 318 [§ 878]. For the purpose of this title and title II 

of this Act, the term--

(a) "certified" or "registered" as applied to any person means 

a person certified or registered by the State in which the coal 

mine is located to perform duties prescribed by such titles, 

except that, in a State where no program of certification or 

registration is provided or where the program does not meet at 

least minimum Federal standards established by the Secretary, 

such certification or registration shall be by the Secretary; 

(b) "qualified person" means, as the context requires, 

(1) an individual deemed qualified by the Secretary and 

designated by the operator to make test and examinations required 

by this Act; and 

(2) an individual deemed, in accordance with minimum 

requirements to be established by the Secretary, qualified by 

training, education, and experience, to perform electrical work, 

to maintain electrical equipment, and to conduct examinations and 

75 
 

 

 

 

 

 

 

 

 

 

 

tests of all electrical equipment; 

(c) "permissible" as applied to-- (1) equipment used in the operation of a coal mine, means 

equipment, other than permissible electric face equipment, to 

which an approval plate, label, or other device is attached as 

authorized by the Secretary and which meets specifications which 

are prescribed by the Secretary for the construction and 

maintenance of such equipment and are designed to assure that 

such equipment will not cause a mine explosion or a mine fire, 

(2) explosives, shot firing units, or blasting devices used 

in such mine, means explosives, shot firing units, or blasting 

devices which meet specifications which are prescribed by the 

Secretary, and 

(3) the manner of use of equipment or explosives, shot 

firing units, and blasting devices, means the manner of use 

prescribed by the Secretary; 

(d) "rock dust" means pulverized limestone, dolomite, gypsum, 

anhydrite, shale, adobe, or other inert material, preferably 

light colored, 100 per centum of which will pass through a sieve 

having twenty meshes per linear inch and 70 per centum or more of 

which will pass through a sieve having two hundred meshes per 

linear inch; the particles of which when wetted and dried will 

not cohere to form a cake which will not be dispersed into 

separate particles by a light blast of air; and which does not 

contain more than 5 per centum of combustible matter or more than 

a total of 4 per centum of free and combined silica (SiO2), or, 

where the Secretary finds that such silica concentrations are not 

available, which does not contain more than 5 per centum of free 

and combined silica; 

(e) "anthracite" means coals with a volatile ratio equal to 

0.12 or less; 

(f) "volatile ratio" means volatile matter content divided by 

the volatile matter plus the fixed carbon; 

(g)(1) "working face" means any place in a coal mine in which 

work of extracting coal from its natural deposit in the earth is 

performed during the mining cycle, 

(2) "working place" means the area of a coal mine inby the 

last open crosscut, 

(3) "working section" means all areas of the coal mine from 

the loading point of the section to and including the working 

faces, 

(4) "active workings" means any place in a coal mine where 

miners are normally required to work or travel; 

(h) "abandoned areas" means sections, panels, and other areas 

that are not ventilated and examined in the manner required for 

working places under section 303 of this title [30 U.S.C. § 863]; 

(i) "permissible" as applied to electric face equipment means 

all electrically operated equipment taken into or used inby the 

last open crosscut of an entry or a room of any coal mine the 

electrical parts of which, including, but not limited to, 

associated electrical equipment, components, and accessories, are 

designed, constructed, and installed, in accordance with the 

specifications of the Secretary, to assure that such equipment 

will not cause a mine explosion or mine fire, and the other 

76 
 

 

 

 

features of which are designed and constructed, in accordance 

with the specifications of the Secretary, to prevent, to the 

greatest extent possible, other accidents in the use of such 

equipment; and the regulations of the Secretary or the Director 

of the United States Bureau of Mines in effect on the operative 

date of this title relating to the requirements for 

investigation, testing, approval, certification, and acceptance 

of such equipment as permissible shall continue in effect until 

modified or superseded by the Secretary, except that the 

Secretary shall provide procedures, including, where feasible, 

testing, approval, certification, and acceptance in the field by 

an authorized representative of the Secretary, to facilitate 

compliance by an operator with the requirements of section 305(a) 

of this title [30 U.S.C. § 865(a) within the periods prescribed 

therein; 

(j) "low voltage" means up to and including 660 volts; "medium 

voltage" means voltages from 661 to 1,000 volts; and "high 

voltage" means more than 1,000 volts; 

(1) "coal mine" includes areas of adjoining mines connected 

underground. 

TITLE IV--BLACK LUNG BENEFITS 

PART A--GENERAL 

SEC. 401 [§ 901]. (a) Congress finds and declares that there 

are a significant number of coal miners living today who are 

totally disabled due to pneumoconiosis arising out of employment 

in one or more of the Nation's coal mines; that there are a 

number of survivors of coal miners whose deaths were due to this 

disease; and that few States provide benefits for death or 

disability due to this disease to coal miners or their surviving 

dependents. It is, therefore, the purpose of this title to 

provide benefits, in cooperation with the States, to coal miners 

who are totally disabled due to pneumoconiosis and to the 

surviving dependents of miners whose death was due to such 

disease; and to ensure that in the future adequate benefits are 

provided to coal miners and their dependents in the event of 

their death or total disability due to pneumoconiosis. 

(b) This title may be cited as the "Black Lung Benefits Act". 

DEFINITIONS 

SEC. 402 [§ 902]. For purposes of this title--

(a) The term “dependent” means--

(1) a child as defined in subsection (g) of this section 

without regard to subparagraph (2)(B)(ii) thereof; or 

(2) a wife who is a member of the same household as the 

miner, or is receiving regular contributions from the miner 

for her support, or whose husband is a miner who has been 

ordered by a court to contribute to her support, or who meets 

the requirements of section 216 (b)(1) or (2)of the Social 

Security Act [42 U.S.C. § 416(b)(1),(2)]. The determination of 

77 
 

 

an individual’s status as the “wife” of a miner shall be made 

in accordance with section 216(h)(1) of the Social Security 

Act [42 U.S.C. § 461(h)(1)] as if such miner were the “insured 

individual” referred to therein. The term “wife” also includes

a “divorced wife” as defined in section 216(d)(1) of the 

Social Security Act [42 U.S.C. § 416(d)(1)] who is receiving 

at least one-half of her support, as determined in accordance 

with the regulations prescribed by the Secretary, from the 

miner, or is receiving substantial contributions from the 

miner (pursuant to a written agreement), or there is in effect 

a court order for substantial contributions to her support 

from such miner. 

(b) The term “pneumoconiosis” means a chronic dust disease of 

the lung and its sequelae, including respiratory and pulmonary 

ailments, arising out of coal mine employment. 

(c) The term “Secretary”, except where expressly otherwise 

provided, means the Secretary of Labor. 

(d) The term “miner” means any individual who works or has 

worked in or around a coal mine or coal preparation facility in 

the extraction or preparation of coal. Such term also includes an 

individual who works or has worked in coal mine construction or 

transportation in or around a coal mine, to the extent such 

individual was exposed to coal dust a result of such employment. 

(e) The term “widow” includes the wife living with or 

dependent for support on the miner at the time of his death, or 

living apart because of his desertion, or who meets the 

requirements of section 216(c)(1)(A), (B), (C), (D), or (E), and 

section 216(k) of the Social Security Act [42 U.S.C. § 

416(c)(1)(A)-(E), § 416(k)], who is not married. The 

determination of an individual’s status as the “widow” of a miner

shall be made in accordance with section 216(h)(1) of the Social 

Security Act [42 U.S.C. § 416(h)(1)] as if such miner were the 

“insured individual” referred to therein. Such term also includes

a “surviving divorced wife” as defined in section 216(d)(2) of 

the Social Security Act [42 U.S.C. § 416(d)(2)] who for the month 

preceding the month in which the miner died, was receiving at 

least one-half of her support, as determined in accordance with 

regulations prescribed by the Secretary [so in original; should 

probably be “Commissioner of Social Security”],from the miner, or 

was receiving substantial contributions from the minor (pursuant 

to a written agreement), or there was in effect a court order for 

substantial contributions to her support from the miner at the 

time of his death. 

(f)(1) The term “total disability has the meaning given it by 

regulations of the Secretary of Health and Human Services, which 

were in effect on the date of enactment of the Black Lung 

Consolidation of Administrative Responsibilities Act [November 2, 

2002], for claims under part B of this title, and by regulations 

of the Secretary of Labor for claims under part C of this title, 

subject to the relevant provisions of subsections (b) and (d) of 

section 413 of this title [30 U.S.C. § 923], except that--

(A) in the case of a living miner, such regulations shall 

provide that a miner shall be considered totally disabled when 

pneumoconiosis prevents him or her form engaging in gainful 

78 
 

 

 

 

 

 

 

employment requiring the skills and abilities comparable to 

those of any employment in a mine or mines in which he or she 

previously engaged with some regularity and over a substantial 

period of time; 

(B) such regulations shall provide that (i) a deceased 

miner’s employment in the a mine at the time of death shall 

not be used as conclusive evidence that the miner was not 

totally disabled; and (ii) in the case of a living miner, if 

there are changed circumstances of employment indicative of a 

reduced ability to perform his or her usual mine work, such 

miner’s employment in a mine shall not be used as conclusive 

evidence that the miner is not totally disabled; 

(C) such regulations shall not provide more restrictive 

criteria than those applicable under section 223 of the Social 

Security Act [42 U.S.C. § 423(d)]; and 

(D) the Secretary of Labor, in consultation with the 

Director of the National Institute for Occupational Safety and 

Health, shall establish criteria for all appropriate medical 

testes under this subsection which accurately reflect total 

disability in coal miners as defined in subparagraph (A). 

(2) Criteria applied by the Secretary of Labor in case of--

(A) any claim arising under part B or subject to a 

determination by the Secretary of Labor under section 435(a) 

of this title [30 U.S.C. § 945(a)]; 

(B) any claim which is subject to review by the Secretary 

of Labor under section 435(b) of this title [30 U.S.C. § 

945(b)]; and 

(C) any claim filed on or before the effective date of 

regulations promulgated under this subsection by the Secretary 

of labor; 

shall not be more restrictive than the criteria applicable to 

a claim filed on June 30, 1973, whether or not the final 

disposition of any such claim occurs after the date of such 

promulgation of regulations by the Secretary of Labor. 

(g) The term “child” means a child or step-child who is--

(1) unmarried; and 

(2)(A) under eighteen years of age, or 

(B)(i) under a disability as defined in section 223(d) 

of the Social Security Act [42 U.S.C. § 423(d)], 

(ii) which began before the age specified in section 

202(d)(1)(B)(ii) of the Social Security Act [42 U.S.C. § 

402(d)(1)(B)(ii)], or, in the case of student, before he 

ceased to be a student; or 

(C) a student. The term “student” means a “full-time 

student” as defined in section 202(d)(7) of the Social 

Security Act [42 U.S.C. § 402(d)(7)], or a “student” as 

defined in section 8101(17) of title 5, United States Code. 

The determination of an individual’s status as the “child” 

of the miner or widow, as the case may be, shall be made in 

accordance with section 216(h)(2) or (3) of the Social 

Security Act [42 U.S.C. § 416(h)(2),(3)] as if such miner 

or widow were the insured individual referred to therein. 

(h) The term “fund” means the Black Lung Disability Trust Fund 

79 
 

 

established by section 9501 of the Internal Revenue Code of 1986 

[26 U.S.C. § 9501]. 

(i) For purposes of subsections (c) and (j) of section 422 of 

this title [30 U.S.C. § 932], and for the purposes of paragraph 

(7) of subsection (d) of section 9501 of the Internal Revenue 

Code of 1986 [26 U.S.C. § 9501(d)(7)], the term “claim denied” 

means a claim--

(1) for benefits under part B that was denied by the 

official responsible for administration of such part; or 

(2) in which (A) the claimant was notified by the 

Department of Labor of an administrative or informal denial 

more than 1 year prior to the date of enactment of the Black 

Lung Benefits Reform Act of 1977 [March 1, 1978], and did not, 

within 1 year from the date of notification of such denial, 

request a hearing, present additional evidence or indicate an 

intention to present additional evidence, or (B) the claim was 

denied under the law in effect prior to the date of enactment 

of the Black Lung Benefits Reform Act of 1977 [March 1, 1978], 

following a formal hearing or administrative or judicial 

review proceeding. 

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

SEC. 411 [§ 921]. (a) The Secretary shall, with the provisions 

of this part, and the regulations promulgated by him under this 

part, make payments of benefits in respect of total disability of 

any miner due to pneumoconiosis, and in respect of the death of 

any miner whose death was due to pneumoconiosis or, except with 

respect to a claim filed under part C of this title on or after 

the effective date of the Black Lung Benefits Amendments of 1981, 

who at the time of his death was totally disabled by 

pneumoconiosis. 

(b) The Secretary shall by regulation prescribe standards for 

determining for purposes of subsection (a) of this section 

whether a miner is totally disabled due to pneumoconiosis and for 

determining whether the death of a miner was due to 

pneumoconiosis. Regulations required by this subsection shall be 

promulgated and published in the Federal Register at the earliest 

practicable date after the date of enactment of this title 

[December 30, 1969], and in no event later than the end of the 

third month following the month in which this title is enacted 

[December 1969]. Final regulations required for implementation of 

any amendments to this title shall be promulgated and published 

in the Federal Register at the earliest practicable date after 

the date of enactment of such amendments, and in no event later 

than the end of the fourth month following the month in which 

such amendments are enacted. Such regulations may be modified or 

additional regulations promulgated from time to time thereafter. 

(c) For purposes of this section--

(1)If a miner who is suffering from pneumoconiosis was 

employed for ten years or more in one or more coal mines there 

shall be a rebuttable presumption that his pneumoconiosis 

arose out of such employment; 

80 
(2) If a deceased miner was employed for ten years or more 

in one or more coal mines and died from a respiratory disease 

there shall be a rebuttable presumption that his death was due 

to pneumoconiosis. The provisions of this paragraph shall not 

apply with respect to claims filed on or after the effective 

date of the Black Lung Benefits Amendments of 1981; 

(3) If a miner is suffering or suffered from a chronic 

dust disease of the lung which (A) when diagnosed by chest 

roentgenogram, yields one or more large opacities (greater 

than once centimeter in diameter) and would be classified in 

category A, B, or C in the International Classification of 

Radiographs of the Pneumoconiosis by the International Labor 

Organization, (B) when diagnosed by biopsy or autopsy, yields 

massive lesions in the lung, or (C) when diagnosis is made by 

other means, would be a condition which could reasonably be 

expected to yield results described in clause(A) or (B) if 

diagnosis had been made in the manner prescribed in clause (A) 

or (B), then there shall be an irrebuttable presumption that 

he is totally disabled due to pneumoconiosis or that his death 

was due to pneumoconiosis, or at the time of his death he was 

totally disabled by pneumoconiosis, as the case may be; 

(4) If miner was employed for fifteen years or more in one 

or more underground coal mines, and if there is a chest 

roentgenogram submitted in connection with such miner’s, his 

widow’s, his child’s, his parent’s, his brother’s, his 

sister’s, or his dependent’s claim under this title and it is 

interpreted as negative with respect to the requirements of 

paragraph (3) of this subsection, and if other evidence 

demonstrates the existence of a totally disabling respiratory 

or pulmonary impairment, then there shall be a rebuttable 

presumption that the miner is totally disabled due to 

pneumoconiosis, that his death was due to pneumoconiosis, or 

that at the time of his death he was totally disabled by 

pneumoconiosis. In the case of a living miner, a wife’s 

affidavit may not be used by itself to establish the 

presumption. The Secretary shall not apply all or a portion 

the requirement of this paragraph that the miner work in an 

underground mine where he determines that conditions of a 

miner’s employment in a coal mine other than an underground 

mine were substantially similar to conditions in an 

underground mine. The Secretary may rebut such presumption 

only by establishing that (A) such miner does not, or did not, 

have pneumoconiosis, or that (B) his respiratory or pulmonary 

impairment did not arise out of, or in connection with, 

employment in a coal mine. 

(5) In the case of a miner who dies on or before the date 

of enactment of the Black Lung Benefits Reform Act of 1977 

[March 1, 1978], who was employed for 25 years or more in one 

or more coal mines before June 30, 1971, the eligible 

survivors of such miner shall be entitled to the payment of 

benefits, at the rate applicable under section 412(a)(2) [30 

U.S.C. § 922(a)(2)], unless it is established that at the time 

of his or her death, the miner was not partially or totally 

disabled due to pneumoconiosis. Eligible survivors shall, upon 

81 
 

request by the Secretary, furnish evidence as is available 

with respect to the health of the miner at the time of his or 

her death. The provisions of this paragraph shall not apply 

with respect to claims filed 180 days after the effective date 

of the Black Lung Benefits Amendments of 1981. 

(d) Nothing in subsection (c) of this section shall be 

deemed to affect the applicability of subsection (a) in the case 

of a claim where the presumptions provided therein are 

inapplicable. 

SEC. 412 [§ 922]. (a) Subject to the provisions of subsection 

(b), benefit payments shall be made by the Secretary under this 

part as follows: 

(1) In the case of total disability of a miner due to 

pneumoconiosis, the disabled miner shall be paid benefits 

during the disability at rate equal to 37 1/2 per centum of 

the monthly pay rate for Federal employees in grade GS-2, step 

1 [5 U.S.C. § 5332]. 

(2) In the case of death of a miner due to pneumoconiosis 

or, except with respect to a claim filed under part C of this 

title on or after the effective date of the Black Lung 

Benefits Amendments of 1981, of a miner receiving benefits 

under this part, benefits shall be paid to his widow (if any) 

at the rate the deceased miner would receive such benefits if 

he were totally disabled. 

(3)In the case of the child or children of a miner whose 

death is due to pneumoconiosis or, except with respect to a 

claim filed under part C of this title on or after the 

effective date of the Black Lung Benefits Amendments of 1981, 

of a miner who is receiving benefits under this part at the 

time of his death or who was totally disabled by 

pneumoconiosis at the time of his death, in the case of the 

child or children of a widow who is receiving benefits under 

this part at the time of her death, and in the case of any 

child or children entitled to the payment of benefits under 

paragraph (5) of section 411(c) of this title [30 U.S.C. § 

921(c)], benefits shall be paid to such child or children as 

follows: If there is one such child, he shall be paid benefits 

at the rate specified in paragraph (1). If there is more than 

one such child, the benefits shall be paid equally among them 

and shall be paid at a rate equal to the rate specified in 

paragraph (1), increased by 50 per centum of such rate if 

there are two children, by 75 per centum of such rate if there 

are three such children, and by 100 per centum of such rate if 

there are more than three such children: Provided, That 

benefits shall only be paid to a child for so long as he meets 

the criteria for the term “child contained in section 402(g) 

of this title [30 U.S.C. § 902(g)]: And provided further, That 

no entitlement to benefits as a child shall be established 

under this paragraph (3) for any month for which entitlement 

to benefits as a widow is established under paragraph (2). 

(4) In the case of an individual entitled to benefits under 

clause (1) or (2) of this subsection who has one or more 

82 
 

dependents, the benefit payments shall be increased at a rate 

of 50 per centum of such benefit payments, if such individual 

has one dependent, 75 per centum if such individual has two 

dependents, and 100 per centum if such individual has three or 

more dependents. 

(5) In the case of the dependent parent or parents of a 

miner whose death is due to pneumoconiosis, or, except with 

respect to a claim filed under part C of this title on or 

after the effective date of the Black Lung Benefits Amendments 

of 1981, of a miner who is receiving benefits under this part 

at the time of his death or who was totally disabled by 

pneumoconiosis at the time of death, and who is not survived 

at the time of his death by a widow or a child, in the case of 

the dependent surviving brother(s) or sister(s) of such a 

miner who is not survived at the time of his death by a widow, 

child, or parent, in the case of the dependent parent or 

parents of a miner (who is not survived at the time of his or 

her death by a widow or a child) who are entitled to the 

payment of benefits under paragraph (5) of section 411 of this 

title [30 U.S.C. § 921(c)],or in the case of the dependent 

surviving brother(s) or sister(s) of a miner (who is not 

survived at the time of his or her death by a widow, child, or 

parent) who are entitled to the payment of benefits under 

paragraph (5) of section 411(c)of this title, benefits shall 

be paid under this part to such parent(s), or to such 

brother(s), or sister(s), at the rate specified in paragraph 

(3) (as if such parent(s) or such brother(s) or sister(s) were 

the children of such miner). In determining for purposes of 

this paragraph whether a claimant bears the relationship as 

the miner’s parent, brother, or sister, the Secretary shall 

apply legal standards consistent with those applicable to 

relationship determination under Title II of the Social 

Security Act [42 U.S.C. §§ 401 et seq.]. No benefits to a 

sister or brother shall be payable under this paragraph for 

any month beginning with the month in in which he or she 

receives support from his or her spouse, or marries. Benefits 

shall be payable under this paragraph to a brother only if he 

is--

(1)(A) under eighteen years of age, or 

(B) under a disability as defined in section 223(d) 

of the Social Security Act [42 U.S.C. § 423(d)] which 

began before the age specified in section 

202(d)(1)(B)(ii) of such Act [42 U.S.C. § 

402(d)(1)(B)(ii)], or in the case of a student, before 

he ceased to be a student, or 

(C) a student as defined in section 402(g) [30 U.S.C. 

§ 902(g)] of this title; or 

(2) who is, at the time of the miner’s death, disabled 

as determined in accordance with section 223(d) of the 

Social Security Act [42 U.S.C. § 423(d)], during such 

disability. Any benefit under this paragraph for a month 

prior to the month in which a claim for such benefit is 

filed shall be reduced to any extent that may be 

necessary, so that it will not render erroneous any 

83 
benefit which, before the filing of such claim, the 

Secretary has certified for payment for such prior 

months. As used in this paragraph, “dependent” means 

that during the one year period prior to and ending with 

such miners death, such parent, brother, or sister was 

living in the miner’s household, and was, during such 

period, totally dependent on the miner for support. 

Proof of such support shall be filed by such claimant 

within two years after the month in which this amendment 

is enacted [May 1972], or within two years after the 

miner’s death, whichever is the later. Any such proof 

which is filed after the expiration of such period shall 

be deemed to have been filed within such period if it is 

shown to the satisfaction of the Secretary that there 

was good cause for failure to file such proof within 

such period. The determination of what constitutes 

“living in the miner’s household”, “totally dependent on 

the miner for support”, and “good cause”, shall for 

purposes of this paragraph be made in accordance with 

regulations of the Secretary. Benefit payments under 

this paragraph to a parent, brother, or sister, shall be 

reduced by the amount by which such payments would be 

reduced on account of excess earnings of such parent, 

brother, or sister, respectively, under section 203(b)- (1) of the Social Security Act [42 U.S.C. § 403(b)-(l)], as if the benefit under this paragraph were a benefit 

under section 202 of such Act [42 U.S.C. § 402]. (6) If an individual’s benefits would be increased under 

paragraph (4) of this subsection because he or she has one or 

more dependents, and it appears to the Secretary that it would 

be in the interest of such dependent to have the amount of 

such increase in benefits (to the extent attributable to such 

dependent) certified to a person other than such individual, 

then the Secretary may, under regulations prescribed by him, 

certify the amount of such increase in benefits (to the extent 

so attributable) not to such individual but directly to such 

dependent or to another person for the use and benefit of such 

dependent; and any payment made under this clause, if 

otherwise valid under this title , shall be a complete 

settlement and satisfaction of all claims, rights, and 

interests in and to such payment. 

(b) Notwithstanding subsection (a), benefit payments under 

this section to a miner or his widow, child, parent, brother, or 

sister shall be reduced, on a monthly or other appropriate basis, 

by an amount equal to any payment received by such miner or his 

widow, child, parent, brother, or sister under the workmen’s 

compensation, unemployment compensation, or disability insurance 

laws of his State on account of the disability of such miner due 

to pneumoconiosis, and the amount by which such payment would be 

reduced on account of excess earnings of such miner under section 

203(b) through (l) of the Social Security Act [42 U.S.C. § 403(bl)] if the amount paid were a benefit payable under section 202 

of such Act [42 U.S.C. § 402]. This part shall not be considered 

a workmen’s compensation law or plan for purposes of section 224 

84 
 

 

 

of such Act [42 U.S.C. § 424a]. 

(c) Benefits payable under this part shall be deemed not to be 

personal income for purposes of the Internal Revenue Code of 

1986. 

SEC. 413 [§ 923]. (a) Except as otherwise provided in section 

414 of this title [30 U.S.C. § 924], no payment of benefits shall 

be made under this part except pursuant to a claim filed therefor 

on or before December 31, 1973, in such manner, in such form, and 

containing such information, as the Secretary shall by regulation 

prescribe. 

(b) No claim for benefits under this part shall be denied 

solely on the basis of the results of a chest roentgenogram. In 

determining the validity of claims under this part, all relevant 

evidence shall be considered, including, where relevant, medical 

tests such as blood gas studies, X-ray examination, 

electrocardiogram, pulmonary function studies, or physical 

performance tests, and any medical history, evidence submitted by 

the claimant’s physician, or his wife’s affidavits, and in the 

case of a deceased miner, other appropriate affidavits of persons 

with knowledge of the miner’s physical condition, and other 

supportive materials. Where there is no medical or other relevant 

evidence in the case of a deceased miner, such affidavits, from 

persons not eligible for benefits in such case with respect to 

claims filed on or after the effective date of the Black Lung 

Amendments of 1981, shall be considered to be sufficient to 

establish that the miner was totally disabled due to 

pneumoconiosis or that his or her death was due to 

pneumoconiosis. In any case, other than that involving a claim 

filed on or after the effective date of the Black Lung Amendments 

of 1981, in which there is other evidence that a miner has a 

pulmonary or respiratory impairment, the Secretary shall accept a 

board certified or board eligible radiologist’s interpretation of

a chest roentgenogram which is of a quality sufficient to 

demonstrate the presence of pneumoconiosis submitted in support 

of a claim for benefits under this title if such roentgenogram 

has been taken by a radiologist or qualified technician, except 

where the Secretary has reason to believe that the claim has been 

fraudulently represented. In order to insure that any such 

roentgenogram is of adequate quality to demonstrate the presence 

of pneumoconiosis, and in order to provide for uniform quality in 

the roentgenograms, the Secretary of Labor may, by regulation, 

establish specific requirements for the techniques used to take 

roentgenograms of the chest. Unless the Secretary has good cause 

to believe that an autopsy report is not accurate, or that the 

condition of the miner is being fraudulently represented, the 

Secretary shall accept such autopsy report concerning the 

presence of pneumoconiosis and the stage of advancement of 

pneumoconiosis. Claimants under this part shall be reimbursed for 

reasonable medical expenses incurred by them in establishing 

their claims. 

(c) No claim for benefits shall be considered unless the 

claimant has also filed a claim under the applicable State 

85 
 

 

workmen’s compensation law prior to or at the same time his claim 

was filed for benefits under this section; except that the 

forgoing provisions of this paragraph shall not apply in any case 

in which the filing of a claim under such law would clearly be 

futile because the period within which such a claim may be filed 

thereunder has expired or because pneumoconiosis is not 

compensable under such law, or in any other situation in which, 

in the opinion of the Secretary, the filing of a claim would 

clearly be futile. 

(d) No miner engaged in coal mine employment shall (except as 

provided in section 411(c)(3) of this title [30 U.S.C. § 

921(c)(3)]) be entitled to any benefits under this part while so 

employed. Any miner who has been determined to be eligible for 

benefits pursuant to a claim filed while such miner was engaged 

in coal mine employment shall be entitled to such benefits if his 

or her employment terminates within one year after the date such 

determination becomes final. 

SEC. 414 [§ 924]. (a)(1) No claim for benefits under this part 

on account of total disability of a miner shall be considered 

unless it is filed on or before December 31, 1973, or, in the 

case of a claimant who is a widow, within six months after the 

death of her husband or by December 31, 1973, whichever is the 

later. 

(2) In the case of a claim by a child this paragraph shall 

apply notwithstanding any other provision of this part. 

(A) If such claim is filed within six months following the 

month in which this paragraph in enacted [May 1972], and if 

entitlement to benefits is established pursuant to such claim, 

such entitlement shall be effective retroactively from 

December 30, 1969, or from the date such child would have been 

first eligible for such benefit payments had section 412(a)(3) 

of this title [30 U.S.C. § 922(a)(3)] been applicable since 

December 30, 1969, whichever is the lesser period. If on the 

date such claim is filed the claimant is not eligible for 

benefits, but was eligible at any period of time during the 

period from December 30, 1969, to the date such claim is 

filed, entitlement shall be effective for the duration of 

eligibility during such period. 

(B) If such claim is filed after six months following the 

month in which this paragraph is enacted [May 1972], and if 

entitlement to benefits is established pursuant to such claim, 

such entitlement shall be effective retroactively from a date 

twelve months preceding the date such claim is filed, or from 

the date such child would have been first eligible for such 

benefit payments had section 412(a)(3) of this title [30 

U.S.C. § 922(a)(3)] been applicable since December 30, 1969, 

whichever is the lesser period. If on the date such claim is 

filed the claimant is not eligible for benefit payments, but 

was eligible at any period of time during the period from a 

date twelve months preceding the date such claim is filed, to 

the date such claim is filed, entitlement shall be effective 

for the duration of eligibility during such period. 

86 
 

(C) No claim for benefits under this part, in the case of a 

claimant who is a child, shall be considered unless it is 

filed within six months after death of his father or mother 

(whichever last occurred) or by December 31, 1973, whichever 

is the later. 

(D) Any benefit under subparagraph (A) or (B) for a month 

prior to the month in which a claim is filed shall be reduced, 

to the extent that may be necessary, so that it will not 

render erroneous any benefit which, before the filing of such 

claim, the Secretary has certified for payment for such prior 

month. 

(3) No claim for benefits under this part, in the case of a 

claimant who is a parent, brother, or sister shall be considered 

unless it is filed within six months after the death of the miner 

or by December 31, 1973, whichever is the later. 

(b) No benefits shall be paid under this part after December 

31, 1973, if the claim was filed after June 30, 1973. 

(c) No benefits under this part shall be payable for any 

period prior to the date a claim therefor is filed. 

(d) No benefits shall be paid under this part to the residents 

of any State which, after the date of enactment of this Act 

[December 30, 1969], reduces the benefits payable to persons 

eligible to receive benefits under this part, under its State 

laws which are applicable to its general work force with regard 

to workmen’s compensation, unemployment compensation, or 

disability insurance. 

(e) No benefits shall be paid to a widow, child, parent, 

brother, or sister under this part on account of the death of a 

miner unless (1) benefits under this part were being paid to such 

miner with respect to disability due to pneumoconiosis prior to 

his death, (2) the death of such miner occurred prior to January 

1, 1974, or (3) any such individual is entitled to benefits under 

paragraph (5) of section 441(c) of this title [30 U.S.C. § 

921(c)(5)]. 

SEC. 415 [§ 925]. (a) Notwithstanding any other provision in 

this title, for the purpose of assuring the uninterrupted receipt 

of benefits by claimants at such time as responsibility for 

administration of the benefits program is assumed by either a 

State workmen’s compensation agency or the Secretary of Labor, 

any claim for benefits under this part filed during the period 

from July 1, 1973 to December 31, 1973, shall be considered and 

determined in accordance with the procedures of this section. 

With respect to any such claim—

(1) Such claim shall be determined and, where appropriate 

under this part or section 9501(d) of the Internal Revenue 

Code of 1986 [26 U.S.C. § 9501(d)], benefits shall be paid 

with respect to such claim by the Secretary of Labor. 

(2) The Secretary of Labor shall promptly notify any 

operator who he believes, on the basis of information 

contained in the claim, or any other information available to 

him, may be liable to pay benefits to the claimant under part 

C of this title for any month after December 31, 1973. 

87 
 

(3) In determining such claims, the Secretary of Labor 

shall, the extent appropriate, follow the procedures described 

in sections 19(b), (c), and (d) of Public Law 803, 69th 

Congress (44 Stat. 1424, approved March 4, 1927), as amended 

[Longshore and Harbor Workers’ Compensation Act; 33 U.S.C. § 

919(b)-(d)]. 

(4) Any operator who has been notified of the pendency of 

a claim under paragraph (2) of this subsection shall be bound 

by the determination of the Secretary of Labor on such claim 

as if the claim had been filed pursuant to part C of this 

title and section 422 thereof [30 U.S.C. § 932] had been 

applicable to such operator. Nothing in this paragraph shall 

require any operator to pay benefits for any month prior to 

January 1, 1974. 

(b) The Secretary of Labor may issue such regulations as are 

necessary to carry out the purpose of the section. 

PART C—CLAIMS FOR BENEFITS FILED AFTER DECEMBER 31, 1973 

SEC. 421 [§ 931]. (a) On and after January 1, 1974, any claim 

for benefits for death or total disability due to pneumoconiosis 

shall be filed pursuant to the applicable State workmen’s 

compensation law, except that during any period when miners or 

their surviving widows, children, parents, brothers, or sisters, 

as the case may be, are not covered by a State workmen’s 

compensation law which provides adequate coverage for 

pneumoconiosis, and in any case in which benefits based on 

eligibility under paragraph (5) of section 411(c) [30 U.S.C. § 

921(c)(5)] are involved, they shall be entitled to claim benefits 

under this part. 

(b)(1) For purposes of this section, a State workmen’s 

compensation law shall not be deemed to provide adequate coverage 

for pneumoconiosis during any period unless it is included in the 

list of State laws found by the Secretary to provide such 

adequate coverage during such period. The Secretary shall, no 

later than October 1, 1972, publish in the Federal Register a 

list of State workmen’s compensation laws which provide adequate 

coverage for pneumoconiosis and shall revise and republish in the 

Federal Register such list from time to time, as may be 

appropriate to reflect changes in such State laws due to 

legislation or judicial or administrative interpretation. 

(2) The Secretary shall include a State workmen’s compensation 

law on such list during any period only if he finds that during 

such period under such law--

(A) benefits must be paid for total disability or death of 

a miner due to pneumoconiosis, except that (i) such law shall 

not be required to provide such benefits where the miner’s 

last employment in a coal mine terminated before the 

Secretary’s approval of the State law pursuant to this 

section; and (ii) each operator of a coal mine shall secure 

the payment of benefits pursuant to section 423 [30 U.S.C. § 

933] with respect to any miner whose last employment in a coal 

mine terminated before the Secretary’s approval of the State 

88 
 

 

law pursuant to this section; 

(B) the amount of cash benefits is substantially 

equivalent to or greater than the amount of benefits 

prescribed by section 412(a) of this title [30 U.S.C. § 

922(a)]; 

(C) the standards for determining death or total 

disability due to pneumoconiosis are substantially equivalent 

to section 402(f) of this title [30 U.S.C. § 902 (f)] and to 

those standards established under this part, and by the 

regulations of the Secretary promulgated under this part; 

(D) any claim for benefits on account of total disability 

of a miner due to pneumoconiosis is deemed to be timely filed 

if such claim is filed within three years after a medical 

determination of total disability due to pneumoconiosis; 

(E) there are in effect provisions with respect to prior 

and successor operators which are substantially equivalent to 

the provisions contained in section 422(i) of this part [30 

U.S.C. § 932(i)]; and 

(F) there are applicable other provisions, regulations or 

interpretations, which are consistent with the provisions 

contained in Public Law 803, 69th Congress (44 Stat. 1424, 

approved March 4, 1927), as amended [Longshore and Harbor 

Workers’ Compensation Act; 33 U.S.C. §§ 901 et seq.], which 

are applicable under section 422(a) [30 U.S.C. § 932(a)], but 

are not inconsistent with any of the criteria set forth in 

subparagraphs (A) through (E), as the Secretary, in accordance 

with regulations promulgated by him, determines to be 

necessary or appropriate to assure adequate compensation for 

total disability or death due to pneumoconiosis. 

The action of the Secretary in including or failing to include 

any State workmen’s compensation law on such list shall be 

subject to judicial review exclusively in the United States court 

of appeals for the circuit in which the State is located or the 

United States Court of Appeals for the District of Columbia. 

(c) Final regulations required for implementation of any 

amendments to this part shall be promulgated and published in the 

Federal Register at the earliest practicable date after the date 

of enactment of such amendments, and in no event later than the 

end of the sixth month following the month in which such 

amendments are enacted. 

SEC. 422 [§ 932]. (a) Subject to section 28(h)(1) of the 

Longshore and Harbor Worker’s Compensation Act Amendments of 

1984, during any period after December 31, 1973, in which a State 

workman’s compensation law is not included on the list published 

by the Secretary under section 421(b) of this part [30 U.S.C. § 

931(b)], the provisions of Public Law 803, 69th Congress (44 

Stat. 1424, approved March 4, 1927), as amended [Longshore and 

Harbor Workers’ Compensation Act; 33 U.S.C. §§ 901 et seq.], and 

as it may be amended from time to time (other than the provisions 

contained in sections 1, 2, 3, 4, 8, 9, 10, 12, 13, 29, 30, 31, 

32, 33, 37, 38, 41, 43, 44, 45, 46, 47, 48, 49, 50, and 51 

thereof [33 U.S.C. §§ 901-904, 908-910, 912, 913, 929-933, 937, 

89 
938, 941, 943-950]), shall (except as otherwise provided in this 

subsection or by regulations of the Secretary and except that 

references in such Act to the employer shall be considered to 

refer to the trustees of the fund, as the Secretary considers 

appropriate and as is consistent with the provisions of section 

9501(d) of the Internal Revenue Code of 1986 [26 U.S.C. § 

9501(d)]), be applicable to each operator of a coal mine in such 

State with respect to death or total disability due to 

pneumoconiosis arising out of employment in such mine, or with 

respect to entitlements established in paragraph 5 of section 

411(c) [30 U.S.C § 921(c)(5)]. In administering this part, the 

Secretary is authorized to prescribe in the Federal Register such 

additional provisions, not inconsistent with those specifically 

excluded by this subsection, as he deems necessary to provide for 

the payment of benefits by such operator to persons entitled 

thereto as provided in this part and thereafter those provisions 

shall be applicable to such operator. 

(b) During any period each such operator shall be liable for 

and shall secure the payment of benefits, as provided in this 

section and section 423 of this part [30 U.S.C. § 933]. An 

employer, other than an operator of a coal mine, shall not be 

required to secure the payment of such benefits with respect to 

any employee of such employer to the extent such employee is 

engaged in the transportation of coal or in coal mine 

construction. Upon determination by the Secretary of the 

eligibility of the employee, the Secretary may require such 

employer to secure a bond or otherwise guarantee the payment of 

such benefits to the employee. 

(c) Benefits shall be paid during such period by each such 

operator under this section to the categories of persons entitled 

to benefits under section 412(a) of this title [30 U.S.C. § 

922(a)] in accordance with the regulations of the Secretary 

applicable under this section: Provided, That except as provided 

in subsection (i) of this section , no benefit shall be payable 

by any operator on account of death or total disability due to 

pneumoconiosis (1) which did not arise, at least in part, out of 

employment in a mine during a period after December 31, 1969, 

when it was operated by such operator; or (2) which was the 

subject of claim denied before March 1, 1978, and which is or has 

been approved in accordance with the provisions of section 435 

[30 U.S.C. § 945] 

(d) Benefits payable under this section shall be paid on a 

monthly basis and, except as otherwise provided in this section, 

such payments shall be equal to the amounts specified in section 

412(a) of this title [30 U.S.C. § 922(a)]. If payment is not made 

within the time required, interest shall accrue to such amounts 

at the rates set forth in section 424(b)(5) of this title [30 

U.S.C. § 934(b)(5)] for interest owed to the fund. With respect 

to payments withheld pending final adjudication in liability, in 

the case of claims filed on or after the effective date of the 

Black Lung Benefits Amendments of Amendments of 1981, such 

interest shall commence to accumulate 30 days after the date of 

the determination that such an award should be made. 

(e) No payment of benefits shall be required under this 

90 
section: 

(1) except pursuant to a claim filed therefor in such 

manner, in such form, and containing such information, as the 

Secretary shall be regulation prescribe; or 

(2) for any period prior to January 1, 1974. 

(f) Any claim for benefits by a miner under this section shall 

be filed within three years after whichever of the following 

occurs later-- (1) a medical determination of total disability due to 

pneumoconiosis; or 

(2) the date of enactment of the Black Lung Benefits Act 

of 1978 [March 1, 1978]. (g) The amount of benefits payable under this section shall be 

reduced, on a monthly or other appropriate basis, by the amount 

of any compensation received under or pursuant to any Federal or 

State workmen’s compensation law because of death or disability 

due to pneumoconiosis. In addition, the amount of benefits 

payable under this section with respect to any claim filed on or 

after the effective date of the Black Lung Benefits Amendments of 

1981 shall be reduced, on a monthly or other appropriate basis, 

by the amount by which such benefits would be reduced on account 

of excess earnings of such miner under section 203(b) through (l) 

of the Social Security Act [42 U.S.C. § 403(b-l)] if the amount 

paid were a benefit payable under section 202 of such Act [42 

U.S.C. § 402]. 

(h) The Secretary of Labor shall by regulation establish 

standards, which may include appropriate presumptions, for 

determining whether pneumoconiosis arose out of employment in a 

particular coal mine or mines. The Secretary may also, by 

regulation, establish standards for apportioning liability for 

benefits under this subsection among more than one operator, 

where such apportionment is appropriate. 

(i)(1) During any period in which this section is applicable 

to the operator of a coal mine who on or after January 1, 1970, 

acquired such mine or substantially all assets thereof, from a 

person (hereinafter referred to in this paragraph as a “prior 

operator”) who was an operator of such mine, or owner of such 

assets on or after January 1, 1970, such operator shall be liable 

for and shall, in accordance with section 423 [30 U.S.C. § 933], 

secure the payment of all benefits which would have been payable 

by the prior operator under this section with respect to miners 

previously employed by such prior operator as if the acquisition 

had not occurred and the prior operator had continued to be an 

operator of a coal mine. 

(2) Nothing in this subsection shall relieve any prior 

operator of any liability under this section. 

(3)(A) For purposes of paragraph (1) of this subsection, the 

provisions of this paragraph shall apply to corporate 

reorganizations, liquidations, and other such transactions as 

are specified in this paragraph. 

(B) In an operator ceases to exist by reason of a 

reorganization or other transaction or series of transactions 

which involves a change in identity, form, or place of 

business or organization, however effected, the successor 

91 
 

 

operator or other corporate business entity resulting from 

such reorganization or other change shall be treated as the 

operator to whom this section applies. 

(C) If an operator ceases to exist by reason of a 

liquidation into a parent or successor corporation, the parent 

or successor corporation shall be treated as the operator to 

whom this section applies. 

(D) If an operator ceases to exist by a sale of 

substantially all of his or her assets, or as a result of a 

merger, consolidation, or division, the successor operator, 

corporation, or other business entity shall be treated as the 

operator to whom this section applies. 

(4) In any case in which there is a determination under 

section 9501(d) of the Internal Revenue Code of 1986 [26 U.S.C. § 

9501(d)] that no operator is liable for the payment of benefits 

to a claimant, nothing in this subsection may be construed to 

require the payment of benefits to a claimant by or on behalf of 

any operator. 

(j) Notwithstanding the provisions of this section, section 

9501(d) of the Internal Revenue Code of 1986 [26 U.S.C. § 

9501(d)] shall govern the payment of benefits in cases--

(1) described in section 9502(d)(1) of the Internal 

Revenue Code of 1986 [26 U.S.C. § 9502(d)(1)]; 

(2) in which the miner’s last coal mine employment was 

before January 1, 1970; or 

(3) in which there was a claim denied before March 1 1978, 

and such claim is or has been approved in accordance with the 

provisions of section 435 [30 U.S.C. § 945]. 

(k) The Secretary shall be a party in any proceeding relative 

to a claim for benefits under this part. 

(l) In no case shall the eligible survivors of a miner who was 

determined to be eligible to receive benefits under this title at 

the time of his or her death be required to file a new claim for 

benefits, or refile or otherwise revalidate the claim of such 

miner. 

SEC. 423 [§ 933]. (a) During any period in which a State 

workmen’s compensation law is not included on the list published 

by the Secretary under section 421(b) [30 U.S.C. § 931(b)] each 

operator of a coal mine in such State shall secure the payment of 

benefits for which he is liable under section 422 [30 U.S.C. § 

932] by (1) qualifying as a self-insurer in accordance with 

regulations prescribed by the Secretary, or (2) insuring and 

keeping insured the payment of such benefits with any stock 

company or mutual company or association, or with any other 

person or fund, including any State fund, while such company, 

association, person or fund is authorized under the laws of any 

State to insure workmen’s compensation.

(b) In order to meet the requirements of clause (2) of 

subsection (a), every policy or contract of insurance must 

contain--

(1) a provision to pay benefits required under section 422 

[30 U.S.C. § 932], notwithstanding to provisions of the State 

92 
 

 

workmen’s compensation law which may provide for lesser 

payments; 

(2) a provision that insolvency or bankruptcy of the 

operator or discharge therein (or both) shall not relieve the 

carrier from liability for such payments; and 

(3) such other provisions as the Secretary, by regulation, 

may require. 

(c) No policy or contract of insurance issued by a carrier to 

comply with the requirements of clause (2) of subsection (a) of 

this section shall be canceled prior to the date specified in 

such policy or contract for its expiration until at least 30 days 

have elapsed after the notice of cancellation has been sent by 

registered or certified mail to the Secretary and the operator at 

his last known place of business. 

(d)(1) Any employer required to secure the payments of 

benefits under this section who fails to secure such benefits 

shall be subject to a civil penalty assessed by the Secretary of 

not more than $1,000 for each day during which such failure 

occurs. In any case where such employer is a corporation, the 

president, secretary, and treasurer thereof shall also be 

severally liable to such civil penalty as provided in this 

subsection for the failure of such corporation to secure the 

payment of benefits. Such president, secretary, and treasurer 

shall be severally personally liable, jointly with such 

corporation, for any benefit which may accrue under this title in 

respect to any disability which may occur to any employee of such 

corporation while it shall so fail to secure the payment of 

benefits as required by this section. 

(2) Any employer of a miner who knowingly transfers, sells, 

encumbers, assigns, or in any manner disposes of, conceals, 

secrets, or destroys any property belonging to such employer, 

after any miner employed by such employer has filed a claim 

under this title, and with intent to avoid the payment of 

benefits under this title to such miner or his or her 

dependents, shall be guilty of a misdemeanor and, upon 

conviction thereof, shall be punished by a fine of not more 

than $1,000 or by imprisonment for not more than one year, or 

both. In any case where such employer is a corporation, the 

president, secretary, and treasurer thereof also shall be 

severally liable for such penalty of imprisonment as well as 

jointly liable with such corporation for such fine. 

(3) This subsection shall not apply to any other liability 

of the employer under this part. 

SEC. 424 [§ 934] (a) For purposes of this section, the term 

“fund” has the meaning set forth in section 402(h) [30 U.S.C. § 

902(h)]. 

(b)(1) If: 

(A) an amount is paid out of the fund to an individual 

entitled to benefits under section 422 [30 U.S.C. 932], and 

(B) the Secretary determines, under the provisions of 

sections 422 and 433 [30 U.S.C. §§ 932, 933], that an 

operator was required to secure the payment of all or a 

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portion of such benefits then the operator is liable to the 

United States for repayment to the fund of the amount of 

such benefits the payment of which is properly attributed 

to him plus interest thereon. No operator or representative 

of operators may bring any proceeding, or intervene in any 

proceeding, held for the purpose of determining claims for 

benefits to be paid by the fund, except that nothing in 

this section shall affect the rights, duties, or 

liabilities of any operator in proceedings under section 

422 or section 423. In a case where no operator liability 

is assigned pursuant to sections 422 and 423, a 

determination by the Secretary that the fund is liable for 

the payment of benefits shall be final. 

(2) If any operator liable to the fund under paragraph (1) 

refuses to pay, after demand, the amount of such liability 

(including interest), then there shall be a lien in favor of 

the United States for such amount upon all property and rights 

to property, whether real or personal, belonging to such 

operator. The lien arises on the date on which such liability 

is finally determined, and continues until it is satisfied or 

becomes unenforceable by reason of lapse in time. 

(3)(A) Except as otherwise provided under this subsection, 

the priority of the lien shall be determined in the same 

manner as under section 6323 of the Internal Revenue Code of 

1986 [26 U.S.C. § 6323]. That section shall be applied for 

such purposes--

(i) by substituting “lien imposed by section 

424(b)(2) of the Federal Mine Safety and Health Act of 

1977” for “lien imposed by section 6321”; “operator 

liability lien” for “tax lien”; “operator” for 

“taxpayer”; “lien arising under section 424(b)(2)of the 

Federal Mine Safety Health Act of 1977” for “assessment 

of the tax”; “payment of the liability is made to the 

Black Lung Disability Trust Fund” for “satisfaction of a

levy pursuant to section 6332(b)”; and “satisfaction of 

operator liability” for “collection of any tax under 

this title” each place such terms appear; and

(ii) by treating all references to the “Secretary" as 

references to the Secretary of Labor. 

(B) In the case of a bankruptcy or insolvency proceeding, 

the lien imposed under paragraph (2) shall be treated in the 

same manner as a lien for taxes due and owing to the United 

States for purposes of the Bankruptcy Act or section 3713(a) 

of Title 31. 

(C) For purposes of applying section 6323(a) of the 

Internal Revenue Code of 1986 [26 U.S.C. § 6323(a)] to 

determine the priority between the lien imposed under paragraph 

(2) and the Federal tax lien, each lien shall be treated as a 

judgment lien arising as of the time notice of such lien if 

filed. 

(D) For purposes of this subsection, notice of the lien 

imposed under paragraph (2) shall be filed in the same manner 

as under subsections (f) and (g) of section 6323 of Title 26. 

(4)(A) In any case where there has been a refusal or 

94 
 

 

 

 

neglect to pay the liability imposed under paragraph (2), the 

Secretary may bring a civil action in a district court in the 

United States to enforce the lien of the United States under 

this section with respect to such liability or to subject any 

property, of whatever nature, of the operator, or in which he 

has any right, title, or interest, to the payment of such 

liability. 

(B) The liability imposed by paragraph (1) may be collected 

at a proceeding in court if the proceeding is commenced within 

6 years after the date on which the liability was finally 

determined, or before the expiration of any period for 

collection agreed upon in writing by the operator and the 

United States before the expiration such 6-year period. The 

running of the period of limitation under this subparagraph 

shall be suspended for any period during which the assets of 

the operator are in the custody or control of any court of the 

United States, or of any State, or the District of Columbia, 

and for 6 six months thereafter, and for any period during 

which the operator is outside the United States if such period 

is for a continuous period of at least 6 months. 

(5) The rate of interest under this subsection—-

(A) for any period during calendar year 1982, shall be 

15 percent; and 

(B) for any period after calendar year 1982, shall be 

the rate established by section 6621 of the Internal 

Revenue Code of 1986 [26 U.S.C § 6621] which is in effect 

for such period. 

SEC. 425 [§ 935] With the consent and cooperation of State 

agencies charged with administration of State workmen’s 

compensation laws, the Secretary may, for the purpose of 

carrying out his functions and duties under section 422 [30 

U.S.C. § 932], utilize the services of State and local 

agencies and their employees and, notwithstanding any other 

provision of law, may advance funds to or reimburse such State 

and local agencies and their employees for services rendered 

for such purposes. 

SEC. 426 [§ 936]. (a) The Secretary of Labor and the 

Secretary of Health and Human Services are authorized to issue 

such regulations as each deems appropriate to carry out the 

provisions of this title. Such regulations shall be issued in 

conformity with section 553 of Title 5 of the United States 

Code, notwithstanding section (a) thereof. 

(b) At the end of fiscal year 2003 and each succeeding 

fiscal year, the Secretary of Labor shall submit to the 

Congress an annual report on the subject matter of parts B and 

C of this title. Each report shall be prepared and submitted 

to Congress in accordance with the requirement with respect to 

submission under section 42 of the Longshore Harbor Worker’ 

Compensation Act [33 U.S.C. § 942]. 

(c) Nothing in this title shall relieve any operator of the 

duty to comply with any State workmen’s compensation law, 

95 
 

 

except insofar as such Sate law is in conflict with the 

provisions of this title and the Secretary by regulation, so 

prescribes. The provisions of any State workmen’s compensation

law which provide greater benefits than the benefits payable 

under this title shall not thereby be construed or held to be 

in conflict with the provisions of this title. 

SEC. 427 [§ 937]. (a) The Secretary of Health and Human 

Services is authorized to enter into contracts with, and make 

grants to, public and private agencies and organizations and 

individuals for the construction, purchase, and operation of 

fixed-site and mobile clinical facilities for the analysis, 

examination, and treatment of respiratory and pulmonary 

impairments in active and inactive coal miners. The Secretary 

shall coordinate the making of such contracts and grants with 

the Appalachian Regional Commission. 

(b) The Secretary of Health and Human Services shall 

initiate research within the National Institute of 

Occupational Safety and Health, and is authorized to make 

research grants to private agencies and organizations and 

individuals for the purpose of devising simple and effective 

tests to measure, detect, and treat respiratory and pulmonary 

impairments in active and inactive coal miners. Any grant made 

pursuant to this subsection shall be conditioned upon all 

information, uses, products, processes, patents, and other 

developments resulting from such research being available to 

the general public, except to the extent of such exceptions 

and limitations as the Secretary of Health and Human Services 

may deem necessary in the public interest. 

(c) There is hereby authorized to be appropriated for the 

purpose of subsection (a) of this section $10,000,000 for each 

fiscal year. There are hereby authorized to be appropriated 

for the purposes of subsection (b) of this section such sums 

as are necessary. 

SEC. 428 [§ 938]. (a)No operator shall discharge or in any 

other way discriminate against any miner employed by him by 

reason of the fact that such miner is suffering from 

pneumoconiosis. No person shall cause or attempt to cause an 

operator to violate this section. For purposes of this 

subsection, the term “miner” shall not include any person who has

been found to be totally disabled. 

(b) Any miner who believes that his has been discharged or 

otherwise discriminated against by any person in violation of 

subsection (a) of this section, or any representative of such 

miner may, within ninety days after such violation occurs, apply 

to the Secretary for a review of such alleged discharge or 

discrimination. A copy of the application shall be sent to such 

person who shall be the respondent. Upon receipt of such 

application, the Secretary 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 any party to 

enable the parties to present information relating to such 

96 
 

 

 

 

 

violation. The parties shall be given written notice of the time 

and place of the hearing at least five days prior to the hearing. 

Any such hearing shall be of record and shall be subject to 

section 554 of Title 5 of the United States Code. Each 

administrative law judge presiding under this section and under 

titles I, II and III of this Act shall receive compensation at a 

rate determined under section 5372 of title 5, United States 

Code. Upon receiving the report of such investigation, the 

Secretary shall make findings of fact. If he finds that such a 

violation did occur, he shall issue a decision, incorporating an 

order therein, requiring the person committing such violation to 

take such affirmative action as the Secretary deems appropriate, 

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

the miner to his former position with back pay. If he finds that 

there was no such violation, he shall issue an order denying the 

application. Such order shall incorporate the Secretary’s 

findings therein. 

(c) Whenever an order is issued under this subsection granting 

relief to a miner at the request of such miner, a sum equal to 

aggregate amount of all costs and expenses (including the 

attorney’s fees) as determined by the Secretary to have been 

reasonably incurred by such miner for, or in connection with, the 

institution and prosecution of such proceedings, shall be 

assessed against the person committing the violation. 

SEC. 429 [§ 939]. There is authorized to be appropriated to 

the Secretary of Labor such sums as may be necessary to carry out 

his responsibilities under this title. Such sums shall remain 

available until expended. 

SEC. 430 [§ 940]. The amendments made by the Black Lung 

Benefits Act of 1972 [Pub. L. No. 92-303 (1972)], the Black Lung 

Benefits Reform Act of 1977 [Pub. L. No. 95-239 (1978)] and the 

Black Lung Benefits Amendments of 1981 [Pub. L. No. 97-119 

(1981)] to part B of this title shall, to the extent appropriate, 

also apply to Part C of this title. 

SEC. 431 [§ 941]. Any person who willfully makes any false or 

misleading statement or representation for the purpose of 

obtaining any benefit or payment under this title shall be guilty 

of a misdemeanor and on conviction thereof shall be punished by a 

fine of not more than $1,000, or by imprisonment for not more 

than one year, or both. 

SEC. 432 [§ 942]. (a) The Secretary may be regulation require 

employers to file reports concerning miners who may be or are 

entitled to benefits under this part, including the date of 

commencement and cessation of benefits and the amount of such 

benefits. Any such report shall not be evidence of any fact 

stated therein in any proceeding relating to death or disability 

due to pneumoconiosis of any miner to which such report relates. 

(b) Any employer who fails to file any report required of such 

employer under this section shall be subject to a civil penalty 

97 
 

 

 

 

 

 

 

 

 

of not more than $500 for each such failure or refusal. 

SEC. 433 [§ 943]. (a) The Secretary is authorized to carry out 

a black lung insurance program which will enable operators of 

coal mines to purchase insurance covering their obligations under 

section 422 [30 U.S.C. 932]. 

(b) The Secretary may exercise his or her authority under this 

section only if, and to the extent that, insurance coverage is 

not otherwise available, at reasonable cost, to operators of coal 

mines. 

(c)(1) The Secretary may enter into agreements with operators 

of coal mines who may be liable for the payment of benefits under 

section 422 [30 U.S.C. § 932], under which the Black Lung 

Compensation Insurance Fund established under subsection (a) 

(hereinafter in this section referred to as the “insurance 

fund”)shall assume all or part of the liability of such operator 

in return for the payment of premiums to the insurance fund, and 

on such terms and conditions that will fully protect the 

financial solvency of the insurance fund. During any period in 

which such agreement is in effect the operator shall be deemed in 

compliance with the requirements of section 423 [30 U.S.C. § 933] 

with respect to the risks covered by such agreement. 

(2) The Secretary may also enter into reinsurance 

agreements with one or more insurers or pools of insurers 

under which, in return for the payment of premiums to the 

insurance fund, and on such terms and conditions as will fully 

protect the financial solvency of the insurance fund, the 

insurance fund shall provide reinsurance coverage for benefits 

required to be paid under section 422 [30 U.S.C. 932]. (d) The Secretary may by regulation provide for general terms 

and conditions of insurability as applicable to operators of coal 

mines or insurers eligible for insurance or reinsurance under 

this section, including--

(1) the types, classes, and locations of operators or 

facilities which shall be eligible for such insurance or 

reinsurance; 

(2) the classification, limitation, and rejection of any 

operator or facility which may be advisable; 

(3) appropriate premiums for different classifications of 

operators or facilities; 

(4) appropriate loss deductibles; 

(5) experience rating; and 

(6) any other terms or conditions relating to insurance or 

reinsurance coverage or exclusion which may be appropriate to 

carry out the purposes of this section. 

(e) The Secretary may undertake and carry out such studies and 

investigations, and receive or exchange such information, as may 

be necessary to formulate a premium schedule which will enable 

the insurance and reinsurance authorized by this section to be 

provided on a basis which is (1) in accordance with accepted 

actuarial principles; and (2) fair and equitable. 

(f)(1) On the basis of estimates made by the Secretary in 

formulating a premium schedule under subsection (e), and such 

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other information as may be available, the Secretary shall from 

time to time prescribe by regulation the chargeable premium rates 

for types and classes of insurers, operators of coal mines, and 

facilities for which insurance or reinsurance coverage shall be 

available under this section and the terms and conditions under 

which, and the area within which, such insurance or reinsurance 

shall be available and such rates shall apply. 

(2) Such premium rates shall be (A) based on a 

consideration of the risks involved, taking into account 

differences, if any, in risks based on location, type of 

operations, facilities, type of coal, experience, and any 

other matter which may be considered under accepted actuarial 

principles; and (B) adequate, on the basis of accepted 

actuarial principles, to provide reserves for anticipated 

losses. 

(3) All premiums received by the Secretary shall be paid 

into the insurance fund. 

(g)(1) The Secretary may establish in the Department of Labor 

a Black Lung Compensation Insurance Fund which shall be 

available, without fiscal year limitation--

(A) to pay claims of miners for benefits covered by 

insurance or reinsurance issued under this section; 

(B) to pay the administrative expenses of carrying out 

the black lung compensation insurance program under this 

section; 

(C) to repay the Secretary of the Treasury such sums as 

may be borrowed in accordance with the authority provided 

in subsection (i) of this section. 

(2) The insurance fund shall be credited with--

(A) premiums, fees, or other charges which may be 

collected in connection with insurance or reinsurance 

coverage provided under this section; 

(B) such amounts as may be advanced to the insurance 

fund from appropriations in order to maintain the insurance 

fund in an operative condition adequate to meet its 

liabilities; and 

(C) income which may be earned on investments of the 

insurance fund pursuant to paragraph (3). 

(3) If, after all outstanding current obligations of the 

insurance fund have been liquidated and any outstanding 

amounts which may have been advanced to the insurance fund 

from appropriations authorized under (i) have been credited to 

the appropriation from which advanced, the Secretary 

determines that the moneys of the insurance fund are in excess 

of current needs, he or she may request the investment of such 

amounts as he or she deems advisable by the Secretary of the 

Treasury in public debt securities with maturities suitable 

for needs of the insurance fund and bearing interest at 

prevailing market rates. 

(h) Repealed 

(i) There are authorized to be appropriated to the insurance 

fund, as repayable advances, such sums as may be necessary to 

meet obligations incurred subsection (g). All such sums shall 

remain available without fiscal year limitation. Advances made 

99 
 

 

 

 

 

 

 

 

 

 

 

 

pursuant to this subsection shall be repaid, with interest, to 

the general fund of the Treasury when the Secretary determines 

that moneys are available in the insurance fund for such 

repayments. Interest on such shall be computed in the same manner 

as provided in subsection (b)(2) of section 3 of the Black Lung 

Benefits Revenue Act of 1977 [30 U.S.C. § 934a] of this title. 

SEC. 434 [§ 944]. Any individual whose claim for benefits 

under this title is denied shall receive from the Secretary a 

written statement of the reasons for denial of such claim and a 

summary of the administrative hearing record or, upon good cause 

shown, a copy of any transcript thereof. 

TITLE V ADMINISTRATION 

RESEARCH 

SEC. 501 [§ 951]. (a) The Secretary of the Interior and the 

Secretary of Health and Human Services, as appropriate, shall 

conduct such studies, research, experiments, and demonstrations 

as may be appropriate—

(1) to improve working conditions and practices in coal or 

other mines, and to prevent accidents and occupational diseases 

originating in the coal or other mining industry; 

(2) to develop new or improved methods of recovering 

persons in coal or other mines after an accident; 

(3) to develop new or improved means and methods of 

communication from the surface to the underground area of a coal 

or other mine; 

(4) to develop new or improved means and methods of 

reducing concentrations of respirable dust in the mine atmosphere 

of active workings of the coal or other mine; 

(5) to develop epidemiological information to (A) identify 

and define positive factors involved in occupational diseases of 

miners, (B) provide information on the incidence and prevalence 

of pneumoconiosis and other respiratory ailments of miners, and 

(C) improve mandatory health standards; 

(6) to develop techniques for the prevention and control of 

occupational diseases of miners, including tests for 

hypersusceptibility and early detection; 

(7) to evaluate the effect on bodily impairment and 

occupational disability of miners afflicted with an occupational 

disease; 

(8) to prepare and publish from time to time, reports on 

all significant aspects of occupational diseases of miners as 

well as on the medical aspects of injuries, other than diseases, 

which are revealed by the research carried on pursuant to this 

subsection; 

(9) to study the relationship between coal or other mine 

environments and occupational diseases of miners; 

(10) to develop new and improved underground equipment and 

other sources of power for such equipment which will provide 

greater safety; 

100 
 

 

 

(11) to determine, upon the written request by any operator 

or authorized representative of miners, specifying with 

reasonable particularity the grounds upon which such request is 

made, whether any substance normally found in a coal or other 

mine has potentially toxic effects in the concentrations normally 

found in the coal or other mine or whether any physical agents or 

equipment found or used in a coal or other mine has potentially 

hazardous effects, and shall submit such determinations to both 

the operators and miners as soon as possible; and 

(12) for such other purposes as they deem necessary to 

carry out the purposes of this Act. 

(b) Activities under this section in the field of coal or 

other mine health shall be carried out by the Secretary of Health 

and Human Services through the National Institute for 

Occupational Safety and Health established under the Occupational 

Safety and Health Act of 1970 [29 U.S.C. §§ 651 et seq.], and 

activities under this section in the field of coal or other mine 

safety shall be carried out by the Secretary of the Interior in 

coordination with the Secretary. 

(c) In carrying out the provisions for research, 

demonstrations, experiments, studies, training, and education 

under this section and sections 301(b) and 502(a) of this Act [30 

U.S.C. §§ 861(b), 952(a)], the Secretary of the Interior and the 

Secretary of Health and Human Services in coordination with the 

Secretary may enter into contracts with, and make grants to, 

public and private agencies and organizations and individuals. No 

research, demonstrations, or experiments shall be carried out, 

contracted for, sponsored, cosponsored, or authorized under 

authority of this Act, unless all information, uses, products, 

processes, patents, and other developments resulting from such 

research, demonstrations, or experiments will (with such 

exception and limitation, if any, as the Secretary of the 

Interior or the Secretary of Health and Human Services in 

coordination with the Secretary may find to be necessary in the 

public interest) be available to the general public. 

(d) The Secretary of Health and Human Services shall also 

conduct studies and research into matters involving the 

protection of life and the prevention of diseases in connection 

with persons, who although not miners, work with, or around the 

products of, coal or other mines in areas outside of such mines 

and under conditions which may adversely affect the health and 

well-being of such persons. 

(e) There is authorized to be appropriated to the Secretary of 

the Interior such sums as may be necessary to carry out his 

responsibilities under this section and section 301(b) of this 

Act [30 U.S.C. § 861(b)] at an annual rate of not to exceed 

$20,000,000 for the fiscal year ending June 30, 1970, $25,000,000 

for the fiscal year ending June 30, 1971, and $60,000,000 for the 

fiscal year ending June 30, 1972, and for each succeeding fiscal 

year thereafter. There is authorized to be appropriated annually 

to the Secretary of Health and Human Services such sums as may be 

necessary to carry out his responsibilities under this Act. Such 

sums shall remain available until expended. 

(f) The Secretary is authorized to grant on a mine-by-mine 

101 
 

 

 

 

 

 

basis an exception to any mandatory health or safety standard 

under this Act for the purpose of permitting, under such terms 

and conditions as he may prescribe, accredited educational 

institutions the opportunity for experimenting with new and 

improved techniques and equipment to improve the health and 

safety of miners. No such exception shall be granted unless the 

Secretary finds that the granting of the exception will not 

adversely affect the health and safety of miners and publishes 

his findings. 

(g) The Secretary of Health and Human Services is authorized 

to make grants to any public or private agency, institution, or 

organization, and operators or individuals for research and 

experiments to develop effective respiratory equipment. 

TRAINING AND EDUCATION 

SEC. 502 [§ 952]. (a) The Secretary shall expand programs for 

the education and training of operators and agents thereof, and 

miners in— (1) the recognition, avoidance, and prevention of accidents 

or unsafe or unhealthful working conditions in coal or other 

mines; and 

(2) in the use of flame safety lamps, permissible methane 

detectors, and other means approved by the Secretary for 

detecting methane and other explosive gases accurately. 

(b) The Secretary shall, to the greatest extent possible, 

provide technical assistance to operators in meeting the 

requirements of this Act and in further improving the health and 

safety conditions and practices in coal or other mines. 

(c)(1) The National Mine Health and Safety Academy shall be 

maintained as an agency of the Department of the Labor. The 

Academy shall be responsible for the training of mine safety and 

health inspectors under section 505 of this Act [30 U.S.C. § 

954], and in training of technical support personnel of the Mine 

Safety and Health Administration established under section 302 of 

the Federal Mine Safety and Health Amendments Act of 1977 [29 

U.S.C. § 557a]; and for any other training programs for mine 

inspectors, mining personnel, or other persons as the Secretaries 

of Labor and Interior shall designate. In performing this 

function, the Academy shall have the authority to enter into 

cooperative educational and training agreements with educational 

institutions, State governments, labor organizations, and mine 

operators and related industries. Such training shall be 

conducted by the Academy in accordance with curriculum needs and 

assignment of instructional personnel established by the user. 

(2) Repealed. 

(3) The Secretary of the Interior shall conduct his safety 

research responsibilities under section 501 of this Act [29 

U.S.C. § 951] in coordination with the Secretary of Labor, and 

the Secretaries of Labor and the Interior are authorized to enter 

into contractual or other agreements for the performance of such 

safety related research. 

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ASSISTANCE TO STATES 

SEC. 503 [§ 953]. (a) The Secretary, in coordination with the 

Secretary of Health and Human Services and the Secretary of the 

Interior, is authorized to make grants in accordance with an 

application approved under this section to any State in which 

coal or other mining takes place— (1) to assist such State in developing and enforcing 

effective coal or other mine health and safety laws and 

regulations consistent with the provisions of section 506 of 

this Act [30 U.S.C. § 955]; 

(2) to improve State workmen's compensation and 

occupational disease laws and programs related to coal or 

other mine employment; and 

(3) to promote Federal-State coordination and cooperation 

in improving the health and safety conditions in the coal or 

other mines. 

(b) The Secretary shall approve any application or any 

modification thereof, submitted under this section by a State, 

through its official coal or other mine inspection or safety 

agency, which—

(1) sets forth the programs, policies, and methods to be 

followed in carrying out the application in accordance with 

the purposes of subsection (a) of this section; (2) 

provides research and planning studies to carry out plans 

designed to improve State workmen's compensation and 

occupational disease laws and programs, as they relate to 

compensation to miners for occupationally caused diseases and 

injuries arising out of employment in any coal or other mine; 

(3) designates such State coal or other mine inspection or 

safety agency as the sole agency responsible for administering 

grants under this section throughout the State, and contains 

satisfactory evidence that such agency will have the authority 

to carry out the purposes of this section; 

(4) gives assurances that such agency has or will employ an 

adequate and competent staff of trained inspectors qualified 

under the laws of such State to make coal or other mine 

inspections within such State; 

(5) provides for the extension and improvement of the State 

program for the improvement of coal or other mine health and 

safety in the State, and provides that no advance notice of an 

inspection will be provided anyone; 

(6) provides such fiscal control and fund accounting 

procedures as may be appropriate to assure proper disbursement 

and accounting of grants made to the States under this 

section; 

(7) provides that the designated agency will make such 

reports to the Secretary in such form and containing such 

information as the Secretary may from time to time require; 

(8) contains assurances that grants provided under this 

section will supplement, not supplant, existing State coal or 

other mine health and safety programs; and 

(9) meets additional conditions which the Secretary may 

103 
 

 

prescribe in furtherance of, and consistent with, the purposes 

of this section. 

(c) The Secretary shall not finally disapprove any State 

application or modification thereof without first affording the 

State agency reasonable notice and opportunity for a public 

hearing. 

(d) Any State aggrieved by a decision of the Secretary under 

subsection (b) or (c) of this section may file within thirty days 

from the date of such decision with the United States Court of 

Appeals for the District of Columbia a petition praying that such 

action be modified or set aside in whole or in part. The court 

shall hear such appeal on the record made before the Secretary. 

The decision of the Secretary incorporating his findings of fact 

therein, if supported by substantial evidence on the record 

considered as a whole, shall be conclusive. The court may affirm, 

vacate, or remand the proceedings to the Secretary for such 

further action as it directs. The filing of a petition under this 

subsection shall not stay the application of the decision of the 

Secretary, unless the court so orders. The provisions of section 

106(a),(b), and (c) of this Act [30 U.S.C. § 816(a),(b),(c)] 

shall not be applicable to this section. 

(e) Any State application or modification thereof submitted to 

the Secretary under this section may include a program to train 

State inspectors. 

(f) The Secretary shall cooperate with such State in carrying 

out the application or modification thereof and shall, as 

appropriate, develop and, where appropriate, construct facilities 

for, and finance a program of, training of Federal and State 

inspectors jointly. The Secretary shall also cooperate with such 

State in establishing a system by which State and Federal 

inspection reports of coal or other mines located in the State 

are exchanged for the purpose of improving health and safety 

conditions in such mines. 

(g) The amount granted to any coal or other mining State for a 

fiscal year under this section shall not exceed 80 per centum of 

the amount expended by such State in such year for carrying out 

such application. 

(h) There is authorized to be appropriated $3,000,000 for 

fiscal year 1970, and $10,000,000 annually in each succeeding 

fiscal year to carry out the provisions of this section, which 

shall remain available until expended. The Secretary shall 

provide for an equitable distribution of sums appropriated for 

grants under this section to the States where there is an 

approved application, except that no less than one-half of such 

sum shall be allocated to coal-producing States. 

ECONOMIC ASSISTANCE 

SEC. 504 [NO USC §§](a)Repealed. 

(b) Repealed. 

(c) Repealed. 

(d) Loans may also be made or guaranteed for the purposes set 

forth in section 7(b)(5) of the Small Business Act [15 U.S.C. § 

104 
 

 

 

 

636(b)] , as amended pursuant to the provisions of section 202 of 

the Public Works and Economic Development Act of 1965, as 

amended. 

INSPECTORS; QUALIFICATIONS; TRAINING 

SEC. 505 [§ 954]. The Secretary may, subject to the civil 

service laws, appoint such employees as he deems requisite for 

the administration of this Act and prescribe their duties. 

Persons appointed as authorized representatives of the Secretary 

shall be qualified by practical experience in mining or by 

experience as a practical mining engineer or by education: 

Provided, however, That, to the maximum extent feasible, in the 

selection of persons for appointment as mine inspectors, no 

person shall be so selected unless he has the basic qualification 

of at least five years practical mining experience and in 

assigning mine inspectors to the inspection and investigation of 

individual mines, due consideration shall be given to the extent 

possible to their previous experience in the particular type of 

mining operation where such inspections are to be made. Persons 

appointed to assist such representatives in the taking of samples 

of respirable dust for the purpose of enforcing title II of this 

Act shall be qualified by training, experience, or education. The 

provisions of section 201 of the Revenue and Expenditure Control 

Act of 1968 (82 Stat. 251, 270) shall not apply with respect to 

the appointment of such authorized representatives of the 

Secretary or to persons appointed to assist such representatives 

and to carry out the provisions of this Act, and, in applying the 

provisions of such section to other agencies under the Secretary 

and to other agencies of the Government, such appointed persons 

shall not be taken into account. Such persons shall be adequately 

trained by the Secretary. The Secretary shall develop programs 

with educational institutions and operators designed to enable 

persons to qualify for positions in the administration of this 

Act. In selecting persons and training and retraining persons to 

carry out the provisions of this Act, the Secretary shall work 

with appropriate educational institutions, operators, and 

representatives of miners in developing and maintaining adequate 

programs for the training and continuing education of persons, 

particularly inspectors, and where appropriate, the Secretary 

shall cooperate with such institutions in carrying out the 

provisions of this section by providing financial and technical 

assistance to such institutions. 

EFFECT ON STATE LAWS 

SEC. 506 [§ 955]. (a) No State law in effect on the date of 

enactment of this Act [December 30, 1969] or which may become 

effective thereafter shall be superseded by any provision of this 

Act or order issued or any mandatory health or safety standard, 

except insofar as such State law is in conflict with this Act or 

with any order issued or any mandatory health or safety standard. 

(b) The provisions of any State law or regulation in effect 

105 
 

 

 

 

 

 

upon the operative date of this Act, or which may become 

effective thereafter, which provide for more stringent health and 

safety standards applicable to coal or other mines than do the 

provisions of this Act or any order issued or any mandatory 

health or safety standard shall not thereby be construed or held 

to be in conflict with this Act. The provisions of any State law 

or regulation in effect on the date of enactment of this Act 

[December 30, 1969], or which may become effective thereafter, 

which provide for health and safety standards applicable to coal 

or other mines for which no provision is contained in this Act or 

in any order issued or any mandatory health or safety standard, 

shall not be held to be in conflict with this Act. 

ADMINISTRATIVE PROCEDURES 

SEC. 507 [§ 956]. Except as otherwise provided in this Act, 

the provisions of sections 551-559 and sections 701-706 of title 

5 of the United States Code shall not apply to the making of any 

order, notice, or decision made pursuant to this Act, or to any 

proceeding for the review thereof. 

REGULATIONS 

SEC. 508 [§ 957]. The Secretary, the Secretary of Health and 

Human Services, the Commissioner of Social Security, and the 

Panel are authorized to issue such regulations as each deems 

appropriate to carry out any provision of this Act. 

OPERATIVE DATE AND REPEAL 

SEC. 509 [§ 801 Note]. Except to the extent an earlier date is 

specifically provided in this Act, the provisions of titles I and 

III of this Act shall become operative ninety days after the date 

of enactment of this Act, and the provisions of title II of this 

Act shall become operative six months after the date of enactment 

of this Act. The provisions of the Federal Coal Mine Safety Act, 

as amended, 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 [December 30, 1969]. 

SEPARABILITY 

SEC. 510. [§ 801 Note] If any provision of this Act, 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. 

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REPORTS 

SEC. 511 [§ 958]. (a) Within one hundred and twenty days 

following the convening of each session of Congress the Secretary 

shall submit through the President to the Congress and to the 

Office of Science and Technology an annual report upon the 

subject matter of this Act, the progress concerning the 

achievement of its purposes, the needs and requirements in the 

field of coal or other mine health and safety, the amount and 

status of each loan made pursuant to this Act, a description and 

the anticipated cost of each project and program he has 

undertaken under sections 301(b) and 501, and any other relevant 

information, including any recommendations he deems appropriate. 

(b) Repealed. 

SPECIAL REPORT 

SEC. 512 [§ 959]. (a) The Secretary shall make a study to 

determine the best manner to coordinate Federal and State 

activities in the field of coal or other mine health and safety 

so as to achieve (1) maximum health and safety protection for 

miners, (2) an avoidance of duplication of effort, (3) maximum 

effectiveness, (4) a reduction of delay to a minimum, and (5) 

most effective use of Federal inspectors. 

(b) The Secretary shall make a report of the results of his 

study to the Congress as soon as practicable after the date of 

enactment of this Act [December 30, 1969]. 

JURISDICTION; LIMITATION 

SEC. 513 [§ 960]. In any proceeding in which the validity of 

any interim mandatory health or safety standard set forth in 

titles II and III of this Act is in issue, no justice, judge, or 

court of the United States shall issue any temporary restraining 

order or preliminary injunction restraining the enforcement of 

such standard pending a determination of such issue on its 

merits. 

SEC. 514 [§ 963]. TECHNICAL STUDY PANEL. 

(a) ESTABLISHMENT.--There is established a Technical Study 

Panel (referred to in this section as the "Panel") which shall 

provide independent scientific and engineering review and 

recommendations with respect to the utilization of belt air and 

the composition and fire retardant properties of belt materials 

in underground coal mining. 

(b) MEMBERSHIP.--The Panel shall be composed of— (1) two individuals to be appointed by the Secretary of 

Health and Human Services, in consultation with the Director 

of the National Institute for Occupational Safety and Health 

and the Associate Director of the Office of Mine Safety; 

(2) two individuals to be appointed by the Secretary of 

Labor, in consultation with the Assistant Secretary for Mine 

Safety and Health; and 

107 
 

 

(3) two individuals, one to be appointed jointly by the 

majority leaders of the Senate and House of Representatives 

and one to be appointed jointly by the minority leader of the 

Senate and House of Representatives, each to be appointed 

prior to the sine die adjournment of the second session of the 

109th Congress. 

(c) QUALIFICATIONS.--Four of the six individuals appointed to 

the Panel under subsection (b) shall possess a masters or 

doctoral level degree in mining engineering or another scientific 

field demonstrably related to the subject of the report. No 

individual appointed to the Panel shall be an employee of any 

coal or other mine, or of any labor organization, or of any State 

or Federal agency primarily responsible for regulating the mining 

industry. 

(d) REPORT.—

(1) IN GENERAL.--Not later than 1 year after the date on 

which all members of the Panel are appointed under subsection 

(b), the Panel shall prepare and submit to the Secretary of 

Labor, the Secretary of Health and Human Services, the 

Committee on Health, Education, Labor, and Pensions of the 

Senate, and the Committee on Education and the Workforce of 

the House of Representatives a report concerning the 

utilization of belt air and the composition and fire retardant 

properties of belt materials in underground coal mining. 

(2) RESPONSE BY SECRETARY.--Not later than 180 days after 

the receipt of the report under paragraph (1), the Secretary 

of Labor shall provide a response to the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Committee 

on Education and the Workforce of the House of Representatives 

containing a description of the actions, if any, that the 

Secretary intends to take based upon the report, including 

proposing regulatory changes, and the reasons for such 

actions. 

(e) COMPENSATION.--Members appointed to the Panel, while 

carrying out the duties of the Panel shall be entitled to receive 

compensation, per diem in lieu of subsistence, and travel 

expenses in the same manner and under the same conditions as that 

prescribed under section 208(c) of the Public Health Service Act 

[41 U.S.C. § 210(c)]. 

SEC. 515 [§964]. SCHOLARSHIPS. 

(a) ESTABLISHMENT.--The Secretary of Education (referred to in 

this section as the 'Secretary'), in consultation with the 

Secretary of Labor and the Secretary of Health and Human 

Services, shall establish a program to provide scholarships to 

eligible individuals to increase the skilled workforce for both 

private sector coal mine operators and mine safety inspectors and 

other regulatory personnel for the Mine Safety and Health 

Administration. 

(b) FUNDAMENTAL SKILLS SCHOLARSHIPS.— (1) IN GENERAL.--Under the program under subsection (a), 

the Secretary may award scholarship to fully or partially pay 

the tuition costs of eligible individuals enrolled in 2-year 

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associate's degree programs at community colleges or other 

colleges and universities that focus on providing the 

fundamental skills and training that is of immediate use to a 

beginning coal miner. 

(2) SKILLS.--The skills described in paragraph (1) shall 

include basic math, basic health and safety, business 

principles, management and supervisory skills, skills related 

to electric circuitry, skills related to heavy equipment 

operations, and skills related to communications. 

(3) ELIGIBILITY.--To be eligible to receive a scholarship 

under this subsection an individual shall— (A) have a high school diploma or a GED; 

(B) have at least 2 years experience in full-time 

employment in mining or mining-related activities; 

(C) submit to the Secretary an application at such time, 

in such manner, and containing such information; and 

(D) demonstrate an interest in working in the field of 

mining and performing an internship with the Mine Safety 

and Health Administration or the National Institute for 

Occupational Safety and Health Office of Mine Safety. 

(c) MINE SAFETY INSPECTOR SCHOLARSHIPS.—

(1) IN GENERAL.--Under the program under subsection (a), 

the Secretary may award scholarship to fully or partially pay 

the tuition costs of eligible individuals enrolled in 

undergraduate bachelor's degree programs at accredited 

colleges or universities that provide the skills needed to 

become mine safety inspectors. 

(2) SKILLS.--The skills described in paragraph (1) include 

skills developed through programs leading to a degree in 

mining engineering, civil engineering, mechanical engineering, 

electrical engineering, industrial engineering, environmental 

engineering, industrial hygiene, occupational health and 

safety, geology, chemistry, or other fields of study related 

to mine safety and health work. 

(3) ELIGIBILITY.--To be eligible to receive a scholarship 

under this subsection an individual shall—

(A) have a high school diploma or a GED; 

(B) have at least 5 years experience in full-time 

employment in mining or mining-related activities; 

(C) submit to the Secretary an application at such time, 

in such manner, and containing such information; and 

(D) agree to be employed for a period of at least 5 

years at the Mine Safety and Health Administration or, to 

repay, on a pro-rated basis, the funds received under this 

program, plus interest, at a rate established by the 

Secretary upon the issuance of the scholarship. 

(d) ADVANCED RESEARCH SCHOLARSHIPS.—

(1) IN GENERAL.--Under the program under subsection (a), 

the Secretary may award scholarships to fully or partially pay 

the tuition costs of eligible individuals enrolled in 

undergraduate bachelor's degree, masters degree, and Ph.D. 

degree programs at accredited colleges or universities that 

provide the skills needed to augment and advance research in 

mine safety and to broaden, improve, and expand the universe 

109 
 

 

 

 

 

of candidates for mine safety inspector and other regulatory 

positions in the Mine Safety and Health Administration. 

(2) SKILLS.--The skills described in paragraph (1) include 

skills developed through programs leading to a degree in 

mining engineering, civil engineering, mechanical engineering, 

electrical engineering, industrial engineering, environmental 

engineering, industrial hygiene, occupational health and 

safety, geology, chemistry, or other fields of study related 

to mine safety and health work. 

(3) ELIGIBILITY.--To be eligible to receive a scholarship 

under this subsection an individual shall— (A) have a bachelor's degree or equivalent from an 

accredited 4-year institution; 

(B) have at least 5 years experience in full-time 

employment in underground mining or mining-related 

activities; and 

(C) submit to the Secretary an application at such time, 

in such manner, and containing such information. 

(e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to 

be appropriated such sums as may be necessary to carry out this 

section. 

110 
ADDENDUM 

HEALTH AND SAFETY EDUCATION AND TRAINING; JOSEPH A. HOLMES SAFETY 

ASSOCIATION; MINE RESUCE AND SURVIVAL OPERATIONS 

30 U.S.C. § 962. The Secretary is authorized to accept lands, 

buildings, equipment, and other contributions from public and 

private sources and to prosecute projects in cooperation with 

other agencies, Federal, State, or private: Provided further, 

That the Mine Safety and Health Administration is authorized to 

promote health and safety education and training in the mining 

community through cooperative programs with States, industry, and 

safety associations: Provided further, That the Secretary is 

authorized to recognize the Joseph A. Holmes Safety Association 

as a principal safety association and, notwithstanding any other 

provision of law, may provide funds and, with or without 

reimbursement, personnel, including service of Mine Safety and 

Health Administration officials as officers in local chapters or 

in the national organization: Provided further, That any funds 

available to the Department of Labor may be used, with the 

approval of the Secretary, to provide for the costs of mine 

rescue and survival operations in the event of a major disaster. 

111 
ADDENDUM 

MISC. PROVISIONS OF THE “CONSOLIDATED APPROPRIATIONS ACT, 2008” 

Pub. L. No. 110-161 (Dec. 26, 2007), H.R. 2764 

REGULATON OF BELT HAULAGE ENTRIES & EMERGENCY SHELTERS 

DIVISION G, TITLE I, SEC. 112. (a) Not later than June 20, 

2008, the Secretary of Labor shall propose regulations pursuant 

to section 303(y) of the Federal Mine Safety and Health Act of 

1977 [30 U.S.C. § 863(y)], consistent with the recommendations of 

the Technical Study Panel established pursuant to section 11 of 

the Mine Improvement and New Emergency Response (MINER) Act 

(Public Law 109-236) [30 U.S.C. § 963], to require that in any 

coal mine, regardless of the date on which it was opened, belt 

haulage entries not be used to ventilate active working places 

without prior approval from the Assistant Secretary. Further, a 

mine ventilation plan incorporating the use of air coursed 

through belt haulage entries to ventilate active working places 

shall not be approved until the Assistant Secretary has reviewed 

the elements of the plan related to the use of belt air and 

determined that the plan at all times affords at least the same 

measure of protection where belt haulage entries are not used to 

ventilate working places. The Secretary shall finalize the 

regulations not later than December 31, 2008. 

(b) Not later than June 15, 2008, the Secretary of Labor shall 

propose regulations pursuant to section 315 of the Federal Coal 

Mine Health and Safety Act of 1969 [30 U.S.C. § 875], consistent 

with the recommendations of the National Institute for 

Occupational Safety and Health pursuant to section 13 of the 

MINER Act (Public Law 109–236), requiring rescue chambers, or 

facilities that afford at least the same measure of protection, 

in underground coal mines. The Secretary shall finalize the 

regulations not later than December 31, 2008. 

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ADDENDUM 

MISC. PROVISIONS OF THE "MINE IMPROVEMENT 

AND NEW EMERGENCY RESPONSE ACT OF 2006 (MINER ACT)" 

Pub. L. No. 109-236 (June 15, 2006), S. 2803 

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

(a) GRANTS.--Section 22 of the Occupational Safety and Health 

Act of 1970 (29 U.S.C. 671) is amended by adding at the end the 

following: 

"(h) OFFICE OF MINE SAFETY AND HEALTH.—

(1) IN GENERAL.--There shall be permanently established 

within the Institute an Office of Mine Safety and Health which 

shall be administered by an Associate Director to be appointed by 

the Director. 

(2) PURPOSE.--The purpose of the Office is to enhance the 

development of new mine safety technology and technological 

applications and to expedite the commercial availability and 

implementation of such technology in mining environments. 

(3) FUNCTIONS.--In addition to all purposes and authorities 

provided for under this section, the Office of Mine Safety and 

Health shall be responsible for research, development, and 

testing of new technologies and equipment designed to enhance 

mine safety and health. To carry out such functions the Director 

of the Institute, acting through the Office, shall have the 

authority to— (A) award competitive grants to institutions and private 

entities to encourage the development and manufacture of mine 

safety equipment; 

(B) award contracts to educational institutions or 

private laboratories for the performance of product testing or 

related work with respect to new mine technology and equipment; 

and 

(C) establish an interagency working group as provided 

for in paragraph (5). 

(4) GRANT AUTHORITY.--To be eligible to receive a grant 

under the authority provided for under paragraph (3)(A), an 

entity or institution shall— (A) submit to the Director of the Institute an 

application at such time, in such manner, and containing such 

information as the Director may require; and 

(B) include in the application under subparagraph (A), a 

description of the mine safety equipment to be developed and 

manufactured under the grant and a description of the reasons 

that such equipment would otherwise not be developed or 

manufactured, including reasons relating to the limited potential 

commercial market for such equipment. 

(5) INTERAGENCY WORKING GROUP.--

(A) ESTABLISHMENT.--The Director of the Institute, in 

carrying out paragraph (3)(D) shall establish an interagency 

working group to share technology and technological research and 

developments that could be utilized to enhance mine safety and 

accident response. 

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(B) MEMBERSHIP.--The working group under subparagraph 

(A) shall be chaired by the Associate Director of the Office who 

shall appoint the members of the working group, which may include 

representatives of other Federal agencies or departments as 

determined appropriate by the Associate Director. 

(C) DUTIES.--The working group under subparagraph (A) 

shall conduct an evaluation of research conducted by, and the 

technological developments of, agencies and departments who are 

represented on the working group that may have applicability to 

mine safety and accident response and make recommendations to the 

Director for the further development and eventual implementation 

of such technology. 

(6) ANNUAL REPORT.--Not later than 1 year after the 

establishment of the Office under this subsection, and annually 

thereafter, the Director of the Institute shall submit to the 

Committee on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Education and the Workforce of the House of 

Representatives a report that, with respect to the year involved, 

describes the new mine safety technologies and equipment that 

have been studied, tested, and certified for use, and with 

respect to those instances of technologies and equipment that 

have been considered but not yet certified for use, the reasons 

therefore. 

(7) AUTHORIZATION OF APPROPRIATIONS.--There is authorized 

to be appropriated, such sums as may be necessary to enable the 

Institute and the Office of Mine Safety and Health to carry out 

this subsection." 

SEC. 7. REQUIREMENT CONCERNING FAMILY LIAISONS [30 U.S.C. § 

801 Note]. The Secretary of Labor shall establish a policy that--

(1) requires the temporary assignment of an individual 

Department of Labor official to be a liaison between the 

Department and the families of victims of mine tragedies 

involving multiple deaths; 

(2) requires the Mine Safety and Health Administration to be 

as responsive as possible to requests from the families of mine 

accident victims for information relating to mine accidents; and 

(3) requires that in such accidents, that the Mine Safety and 

Health Administration shall serve as the primary communicator 

with the operator, miners' families, the press and the public. 

SEC. 8 PENALTIES [30 U.S.C. § 820 Note]. (b) REGULATIONS.--

Not later than December 30, 2006, the Secretary of Labor shall 

promulgate final regulations with respect to penalties. 

SEC. 10. SEALING OF ABANDONED AREAS [30 U.S.C § 811 Note]. Not 

later than 18 months after the issuance by the Mine Safety and 

Health Administration of a final report on the Sago Mine accident 

or the date of enactment of the Mine Improvement and New 

Emergency Response Act of 2006 [June 15, 2006], whichever occurs 

earlier, the Secretary of Labor shall finalize mandatory health 

and safety standards relating to the sealing of abandoned areas 

in underground coal mines. Such health and safety standards shall 

114 
 

 

 

 

 

 

provide for an increase in the 20 psi standard currently set 

forth in section 75.335(a)(2) of title 30, Code of Federal 

Regulations. 

SEC. 13. RESEARCH CONCERNING REFUGE ALTERNATIVES. (a) IN 

GENERAL.--The National Institute of Occupational Safety and 

Health shall provide for the conduct of research, including field 

tests, concerning the utility, practicality, survivability, and 

cost of various refuge alternatives in an underground coal mine 

environment, including commercially-available portable refuge 

chambers. 

(b) REPORT.--

(1) IN GENERAL.--Not later than 18 months after the date of 

enactment of this Act [June 15, 2006], the National Institute for 

Occupational Safety and Health shall prepare and submit to the 

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

the Committee on Health, Education, Labor, and Pensions of the 

Senate, and the Committee on Education and the Workforce of the 

House of Representatives a report concerning the results of the 

research conducted under subsection (a), including any field 

tests. 

(2) RESPONSE BY SECRETARY.--Not later than 180 days after 

the receipt of the report under paragraph (1), the Secretary of 

Labor shall provide a response to the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Committee on 

Education and the Workforce of the House of Representatives 

containing a description of the actions, if any, that the 

Secretary intends to take based upon the report, including 

proposing regulatory changes, and the reasons for such actions. 

SEC. 14. BROOKWOOD-SAGO MINE SAFETY GRANTS [30 U.S.C. § 965]. 

(a) IN GENERAL.--The Secretary of Labor shall establish a program 

to award competitive grants for education and training, to be 

known as Brookwood-Sago Mine Safety Grants, to carry out the 

purposes of this section. 

(b) PURPOSES.--It is the purpose of this section, to provide 

for the funding of education and training programs to better 

identify, avoid, and prevent unsafe working conditions in and 

around mines. 

(c) ELIGIBILITY.--To be eligible to receive a grant under 

this section, an entity shall-- (1) be a public or private nonprofit entity; and 

(2) submit to the Secretary of Labor an application at 

such time, in such manner, and containing such information 

as the Secretary may require. 

(d) USE OF FUNDS.--Amounts received under a grant under this 

section shall be used to establish and implement education and 

training programs, or to develop training materials for employers 

and miners, concerning safety and health topics in mines, as 

determined appropriate by the Mine Safety and Health 

Administration. 

(e) AWARDING OF GRANTS.--

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(1) ANNUAL BASIS.--Grants under this section shall be 

awarded on an annual basis. 

(2) SPECIAL EMPHASIS.--In awarding grants under this 

section, the Secretary of Labor shall give special emphasis 

to programs and materials that target workers in smaller 

mines, including training miners and employers about new 

Mine Safety and Health Administration standards, high risk 

activities, or hazards identified by such Administration. 

(3) PRIORITY.--In awarding grants under this section, 

the Secretary of Labor shall give priority to the funding of 

pilot and demonstration projects that the Secretary 

determines will provide opportunities for broad 

applicability for mine safety. 

(f) EVALUATION.--The Secretary of Labor shall use not less 

than 1 percent of the funds made available to carry out this 

section in a fiscal year to conduct evaluations of the projects 

funded under grants under this section. 

(g) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be 

appropriated for each fiscal year, such sums as may be necessary 

to carry out this section. 

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ADDENDUM 

MISC. PROVISIONS OF THE "BLACK LUNG CONSOLIDATION OF 

ADMINISTRATIVE RESPONSIBILITY ACT” 

Pub. L. No. 107-275 (November 2, 2002), H.R. 5542 

TRANSITIONAL PROVISIONS 

SEC. 3 [30 U.S.C. § 921 Note]. (a) APPLICABILITY.--This 

section shall apply to the transfer of all function relating to 

the Administration of part B of subchapter IV (30 U.S.C. 901 et 

seq.) from the Commissioner of Social Security (hereinafter in 

this section referred to as the “Commissioner”) to the Secretary 

of Labor, as provided by this Act. 

(b) TRANSFER OF ASSETS, LIABILITIES, ETC.--

(1) The Commissioner shall transfer to the Secretary of 

Labor all property and records that the Director of the Office 

of Management and Budget determines relate to the functions 

transferred to the Secretary of Labor by this Act or 

amendments made by this Act. 

(2) Section 1531 of title 31, United States Code, shall 

apply in carrying out this Act and amendments made by this 

Act, except that, for purposes of carrying out this Act and 

amendments made by this Act, the functions of the President 

under section 1531(b) shall be performed by the Director of 

the Office of Management and Budget unless otherwise directed 

by the President. 

(c) CONTINUATION OF ORDERS, DETERMINATIONS, ETC.—

(1) This Act shall not affect the validity of any order, 

determination, rule, regulation, operating procedure (to the 

extent applicable to the Secretary of Labor), or contract 

that— (A) relates to a function transferred by this Act; and 

(B) is in effect on the date this Act takes effect. 

(2) Any order, determination, rule, regulation, operating 

procedure, or contract described in paragraph (1) shall-- (A) apply on and after the effective date of this Act to 

the Secretary of Labor; and 

(B) continue in effect, according to its terms, until it 

is modified, superseded, terminated, or otherwise deprived 

of legal effect by the Secretary of Labor, a court of 

competent jurisdiction, or operation of law. 

(d) CONINUATION OF ADMINISTRATIVE PROCEEDINGS.--

(1) Any proceeding before the Commissioner involving the 

functions transferred by this Act that is pending on the date 

this Act takes effect shall continue before the Secretary of 

Labor, except as provided in paragraph (2). 

(2) Any proceeding before an Administrative Law Judge or 

the Appeals Council pursuant to part B and the applicable 

regulations of the Secretary of Health and Human Services 

shall continue before the Commissioner with following 

provisions: 

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(A) Any proceeding described in this paragraph shall 

continue as if this Act had not been enacted, and shall 

include all rights to hearing, administrative review, and 

judicial review under part B and the applicable regulations 

of the Secretary of Health and Human Services. 

(B) Any decision, order, or other determination issued 

in any proceeding described in this subsection shall apply 

to the Secretary of Labor and continue in effect, according 

to its terms, until it is modified, superseded, terminated, 

or otherwise deprived of legal effect by the Secretary of 

Labor, a court of competent jurisdiction, or operation of 

law. 

(C) Nothing in this paragraph shall be deemed to 

prohibit the discontinuance or modification of any such 

proceeding under the same terms and conditions and to the 

same extent that such proceeding could have been 

discontinued or modified if this Act had not been enacted. 

(3) Any proceeding before the Secretary of Labor involving 

the functions transferred by this Act shall be subject to the 

statutory requirements for notice, hearing, action upon the 

record, administrative review, and judicial review that apply 

to similar proceedings before the Commissioner prior to the 

enactment of this Act. 

(e) CONTINUATION OF ACTIONS AND CAUSES OF ACTION.--

(1) Except as otherwise provided in paragraphs (2) and (3), 

this Act shall not abrogate, terminate, or otherwise affect 

any action or cause of action, that--

(A) relates to a function transferred by this Act; and 

(B) is pending or otherwise in existence on the date 

this Act takes effect. 

(2) Any action pending before the Commissioner or any court 

on the date this Act takes effect that involves a function 

transferred by this Act shall continue before the Commissioner 

or court consistent with the following provisions: 

(A) Any proceeding described in this paragraph shall 

continue as if this Act had not been enacted. 

(B) Any decision, order, or other determination issued 

in any proceeding subject to this paragraph shall apply to 

the Secretary of Labor and continue in effect, according to 

its terms, until it is modified, superseded, terminated, or 

otherwise deprived of legal effect by the Secretary of 

Labor, a court of competent jurisdiction, or operation of 

law. 

(3) Any cause of action by or against the Commissioner that 

exists on the date this Act takes effect and involves any 

function transferred by this Act may be asserted by or against 

the Secretary of Labor or the United States. 

(f) CONTINUATION OF ACTIONS AGAINST OFFICERS.--No suit, 

action, or other proceeding commenced by or against any officer 

in his official capacity as an officer of the Social Security 

Administration, and relating to a function transferred by the 

Act, shall abate by reason of the enactment of this Act. No cause 

of action by or against the Social Security Administration, or by 

or against any officer thereof in this official capacity, 

118 
 

relating to a function transferred by this Act, shall abate by 

reason of enactment of this Act. 

(g) PRESERVATION OF PENALITIES, ETC.--The transfer or 

functions under this Act shall not release or extinguish any 

penalty, forfeiture, liability, prosecution, investigation, or 

right to initiate a future investigation or prosecution involving 

any function transferred by this Act. 

SEC. 4 [30 U.S.C. 902 Note]. This Act, and the amendments made 

by this Act, shall take effect 90 days after the date of 

enactment of this Act [November 2, 2002]. 

119 
 

 

ADDENDUM 

MISC. PROVISIONS OF THE "WASTE ISOLATION PILOT PLANT LAND 

WITHDRAWAL ACT” 

Pub. L. No. 102-579 (October 30, 1992), S. 1671 

MINE SAFETY 

SEC. 11.(a)The Mine Safety and Health Administration of the 

Department of Labor shall inspect WIPP (i.e., Waste Isolation 

Pilot Plant project authorized under section 213 of the 

Department of Energy National Security and Military Applications 

of Nuclear Energy Authorization Act of 1980 (P.L. 96–164) to 

demonstrate the safe disposal of radioactive waste materials 

generated by atomic energy defense activities) not less than 4 

times each year and in the same manner as it evaluates mine sites 

under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 

801 et seq.), and shall provide the results of its inspections to 

the Secretary. The Secretary shall make the results of such 

inspections publically available and shall take necessary actions 

to ensure the prompt and effective correction of any deficiency, 

including suspending specific activities as necessary to address 

identified health and safety deficiencies. 

(b) The Bureau of Mines of the Department of Interior shall 

prepare an annual evaluation of the safety of WIPP. 

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ADDENDUM 

THE "FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT OF 1990” 

Pub. L. No. 101-410 (October 5, 1990), S. 535 

AS AMENDED BY 

THE “DEBT COLLECTION AND IMPROVEMENT ACT OF 1996”

Pub. L. No. 104-134 (April 26, 1996), H.R. 3019 

AS AMENDED BY 

THE “FEDERAL REPORTS ELIMINATION ACT OF 1998”

Pub. L. No. 105-362 (November 10, 1998), S. 1364 

AND FURTHER AMENDED BY 

THE “FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT 

IMPROVEMENTS ACT OF 2015 

Pub. L. No. 114-74 (November 2, 2015), H.R. 1314 

SEC. 1 [28 U.S.C. § 2461 Note]. This Act may be cited as the 

“Federal Civil Penalties Inflation Adjustment Act of 1990”.

FINDINGS AND PURPOSE 

SEC. 2. (a)FINDINGS.—The Congress finds that—

(1) the power of Federal agencies to impose civil monetary 

penalties for violations of Federal law and regulations plays 

an important role in deterring violations and furthering the 

policy goals embedded in such laws and regulations; 

(2) the impact of civil monetary penalties has been and is 

diminished due to the effect of inflation; 

(3) by reducing the impact of civil monetary penalties, 

inflation has weakened the deterrent effect of such penalties; 

and 

(4) The Federal Government does not maintain a 

comprehensive, detailed accounting of the efforts of Federal 

agencies to assess and collect civil monetary penalties. 

(b) PURPOSE.—The purpose of this Act is to establish a 

mechanism that shall—

(1) allow for regular adjustment for inflation of civil 

monetary penalties; 

(2) maintain the deterrent effect of civil monetary 

penalties and promote compliance with the law; and 

(3) improve the collection by the Federal government of 

civil monetary penalties. 

DEFINITIONS 

SEC. 3. For purposes of this Act, the term—

(1) “agency” means an Executive Agency as defined under 

section 105 of title 5, United States Code, and includes the 

United States Postal Service; 

(2) “civil monetary penalty” means any penalty, fine, or 

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other sanction that—

(A)(i) is for a specific monetary amount as provided by 

Federal law; or 

(ii) has a maximum amount provided for by Federal 

law; and 

(B) is assessed or enforced by an agency pursuant to 

Federal law; and 

(C) is assessed or enforced pursuant to an 

administrative proceeding or a civil action in the Federal 

courts; and 

(3) “Consumer Price Index” means the Consumer Price Index 

for all-urban consumers published by the Department of Labor. 

CIVIL MONETARY PENALTY ADJUSTMENT REPORTS 

SEC. 4. (a) IN GENERAL.—Not later than July 1, 2016, and not 

later than January 15 of every year thereafter, and subject to 

subsections (c) and (d), the head of each agency shall— (1) in accordance with subsection (b), adjust each civil 

monetary penalty provided by law within the jurisdiction of 

the Federal agency, except for any penalty (including any 

addition to tax and additional amount) under the Internal 

Revenue Code of 1986 [26 U.S.C. §§ 1 et seq.] or the Tariff 

Act of 1930 [19 U.S.C. §§ 1202 et seq.], by the inflation 

adjustment described under section 5 of this Act; and 

(2) publish each such adjustment in the Federal Register. 

(b) PROCEDURES FOR ADJUSTMENTS.— (1) CATCH-UP ADJUSTMENT.—For the first adjustment made 

under subsection (a) after the date of enactment of the 

Federal Civil Penalties Inflation Adjustment Act Improvements 

Act of 2015 [November 2, 2015]—

(A) the head of an agency shall adjust civil monetary 

penalties through an interim final rulemaking; and 

(B) the adjustment shall take effect not later than 

August 1, 2016. 

(2) SUBSEQUENT ADJUSTMENTS.—For the second adjustment made 

under subsection (a) after the date of enactment of the 

Federal Civil Penalties Inflation Adjustment Act Improvements 

Act of 2015 [November 2, 2015], and each adjustment made 

thereafter, the head of an agency shall adjust civil monetary 

penalties and shall make the adjustment notwithstanding 

section 555 of title 5, United States Code. 

(c) EXCEPTION.—For the first adjustment made under subsection 

(a) after the date of enactment of the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 2015 [November 2, 

2015], the head of an agency may adjust the amount of a civil 

monetary penalty by less than otherwise required if—

(1) the head of the agency, after publishing a notice of 

proposed rulemaking and providing an opportunity for comment, 

determines in a final rule that—

(A) increasing the civil monetary penalty by the 

otherwise required amount will have a negative economic 

impact; or 

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(B) the social costs of increasing the civil monetary 

penalty by the otherwise required amount would outweigh the 

benefits; and 

(2) the Director of the Office of Management and Budget 

concurs with the determination of the head of the agency under 

paragraph (1). 

(d) OTHER ADJUSTMENTS MADE.—If a civil monetary penalty 

subject to a cost-of-living adjustment under this Act is, during 

the 12 months preceding a required cost-of-living adjustment, 

increased by an amount greater than the amount of the adjustment 

required under subsection (a), the head of the agency is not 

required to make the cost-of-living adjustment for the civil 

monetary penalty in that year. 

COST OF LIVING ADJUSTMENTS OF CIVIL MONETARY PENALTIES 

SEC. 5. (a) ADJUSTMENT.—The adjustment under section 4 shall 

be determined by increasing the maximum civil monetary penalty or 

the range of minimum and maximum civil monetary penalties, as 

applicable, for each civil monetary penalty by the cost-of-living 

adjustment. Any increase determined under this subsection shall 

be rounded to the nearest multiple of $1. 

(b) DEFINITION.—

(1) IN GENERAL.—Except as provided in paragraph (2), for 

purposes of subsection (a), the term “cost-of-living 

adjustment” means the percentage (if any) for each civil 

monetary penalty by which—

(A) the Consumer Price Index for the month of October 

preceding the date of adjustment, exceeds 

(B) the Consumer Price Index for the month of October 1 

year before the month of October referred to in 

subparagraph (A). 

(2) INITIAL ADJUSTMENT.— (A) IN GENERAL.—Subject to subparagraph (C), for the 

first inflation adjustment under section 4 made by an 

agency after the date of enactment of the Federal Civil 

Penalties Inflation Adjustment Act Improvements Act of 

2015 [November 2, 2015], the term “cost-of-living 

adjustment” means the percentage (if any) for each civil 

monetary penalty by which the Consumer Price Index for the 

month of October, 2015 exceeds the Consumer Price Index for 

the month of October of the calendar year during which the 

amount of such civil monetary penalty was established or 

adjusted under a provision of law other than this Act. 

(B) APPLICATION OF ADJUSTMENT.—The cost-of-living 

adjustment described in subparagraph (A) shall be applied 

to the amount of the civil penalty as it was most recently 

established or adjusted under a provision of law other than 

this Act. 

(C) MAXIMUM ADJUSTMENT.—The amount of the increase in a 

civil monetary penalty under subparagraph (A) shall not 

exceed 150 percent of that civil monetary penalty on the 

date of enactment of the Federal Civil Penalties Inflation 

123 
 Adjustment Act Improvements Act of 2015 [November 2, 2015]. 

ANNUAL REPORT 

SEC. 6. Any increase under this Act in a civil monetary 

penalty shall apply only to civil money penalties, including 

those whose associated violation predated such increase, which 

are assessed after the date the increase takes effect. 

IMPLEMENTATION AND OVERSIGHT ENHANCEMENTS 

SEC. 7. (a) OMB GUIDANCE.—Not later than February 29, 2016, 

not later than December 15, 2016, and December 15 of every year 

thereafter, the Director of the Office of Management and Budget 

shall issue guidance to agencies on implementing the inflation 

adjustments required under this Act. 

(b) AGENCY FINANCIAL REPORTS.—The head of each agency shall 

include in the Agency Financial Report submitted under Circular 

A-136, or any successor thereto, information about the civil 

monetary penalties within the jurisdiction of the agency, 

including the adjustment of civil monetary penalties by the head 

of the agency under this Act. 

(C) GAO REVIEW.—The Comptroller General of the United States 

shall annually submit to Congress a report assessing the 

compliance of agencies with the inflation adjustments required 

under this Act, which may be included as part of another report 

submitted to Congress. 

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ADDENDUM 

MISC. PROVISIONS OF THE "ENERGY POLICY ACT OF 1992” Pub. L. No. 102-486 (October 24, 1992), H.R. 776 

HEALTH, SAFETY & MINING TECHNOLOGY RESEARCH PROGRAM 

SEC. 2512 [30 U.S.C. § 951a]. (a) HEALTH SAFETY AND MINING 

TECHNOLOGY RESEARCH PLAN.-- (1) Every 5 years, the Secretary of the Interior, acting 

through the Director of the Bureau of Mines (hereinafter in this 

section referred to as the “Director”), shall develop a Plan for 

Health, Safety, and Mining Technology Research (hereinafter in 

this subsection referred to as the “Plan”).

(2) The Plan shall identify the goals and objectives of the 

Health, Safety, and Mining Technology program of the Bureau of 

Mines, and shall guide research and technology development under 

such program, over each 5-year period. 

(3) In preparing the proposed Plan referred to in paragraph 

(1), the Director shall solicit suggestions, comments and 

proposals for research and technology development projects from 

the mining industry, labor, academia and other concerned groups 

and individuals. 

(b) TECHNICAL AMENDMENT.--For the purposes of section 501(b) 

of Public Law 91-173 [30 U.S.C. § 951(b)], activities in the 

field of coal or other mine health under such section shall also 

be carried out by the Secretary of the Interior acting through 

the Director of the Bureau of Mines. Nothing in this subsection 

is intended to preclude or duplicate the ongoing research 

activities of the Bureau of Mines on health hazards safety 

technology or research conducted by the National Institute of 

Occupational Safety and Health on coal mine safety and health 

effects. 

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ADDENDUM 

MISC. PROVISIONS OF THE "FEDERAL FINE IMPROVEMENTS ACT OF 1990” 

Pub. L. No. 100-185 (December 11, 1987), H.R. 3483 

AUTHORIZED FINES 

SEC. 6 [18 U.S.C. § 3571]. Section 3571 of title 18 United 

States Code is amended to read as follows: 

(a) IN GENERAL. -- A defendant who has been found guilty of an 

offense may be sentenced to pay a fine. 

(b) FINES FOR INDIVIDUALS. -- Except as provided in subsection 

(e) of this section, an individual who has been found guilty 

of an offense may be fined not more than the greatest of --

(1) the amount specified in the law setting forth the 

offense; 

(2) the applicable amount under subsection (d) of this 

section; 

(3) for a felony, not more than $250,000; 

(4) for a misdemeanor resulting in death, not more than 

$250,000; 

(5) for a Class A misdemeanor that does not result in 

death, not more than $100,000; 

(6) for a Class B or C misdemeanor that does not result in 

death, not more than $5,000; or 

(7) for an infraction, not more than $5,000. 

(c) FINES FOR ORGANIZATIONS. -- Except as provided in 

subsection (e) of this section, an organization that has been 

found guilty of an offense may be fined not more than the 

greatest of -- (1) the amount specified in the law setting forth the 

offense; 

(2) the applicable amount under subsection (d) of this 

section; 

(3) for a felony, not more than $500,000; 

(4) for a misdemeanor resulting in death, not more than 

$500,000; 

(5) for a Class A misdemeanor that does not result in 

death, not more than $200,000; 

(6) for a Class B or C misdemeanor that does not result in 

death, not more than $10,000; and 

(7) for an infraction, not more than $10,000. 

(d) ALTERNATIVE FINE BASED ON GAIN OR LOSS. -- If any person 

derives pecuniary gain from the offense, or if the offense 

results in pecuniary loss to a person other than the 

defendant, the defendant may be fined not more than the 

greater of twice the gross gain or twice the gross loss, 

unless imposition of a fine under this subsection would unduly 

complicate or prolong the sentencing process. 

(e) SPECIAL RULE FOR LOWER FINE SPECIFIED IN SUBSTANTIVE 

PROVISION. -- If a law setting forth an offense specifies no 

126 
fine or a fine that is lower than the fine otherwise 

applicable under this section and such law, by specific 

reference, exempts the offense from the applicability of the 

fine otherwise applicable under this section, the defendant 

may not be fined more than the amount specified in the law 

setting forth the offense. 

127 
 

ADDENDUM 

MISC. PROVISIONS OF THE “POWERPLANT AND INDUSTRIAL FUEL USE 

ACT OF 1978”

Pub. L. No. 95-620 (November 9, 1978), H.R. 5146 

SEC. 601 [42 U.S.C. § 8401]. ASSISTANCE TO AREAS IMPACTED BY 

INCREASED COAL OR URANIUM PRODUCTION. (i) Protection From Certain 

Hazardous Actions.--Federal agencies having responsibilities 

concerning the health and safety of any person working in any 

coal, uranium, metal, or nonmetallic mine regulated by any 

Federal agency shall interpret and utilize their authorities 

fully and promptly, including the promulgation of standards and 

regulations, to protect existing and future housing, property, 

persons, and public facilities located adjacent to or near active 

and abandoned coal, uranium, metal, and nonmetallic mines from 

actions occurring at such activities that pose a hazard to such 

property or persons. 

128 
 

ADDENDUM 

MISC. PROVISIONS OF THE “BLACK LUNG BENEFITS REFORM ACT OF 1977” 

Pub. L. No. 95-239 (March 1, 1978), H.R. 4544 

FIELD OFFICES 

SEC. 18 [30 U.S.C. § 903]. (a) The Secretary of Labor shall 

establish and operate field offices as may be necessary to assist 

miners and survivors of miners in the filing and processing of 

claims under title IV of the Act [30 U.S.C. §§ 901 et seq.]. Such 

field offices shall, to the extent feasible, be reasonably 

accessible to minors and survivors. The Secretary, in connection 

with the establishment and operation of field offices, may enter 

into arrangements with other Federal departments and agencies, 

and with State agencies, for the use of existing facilities 

operated by such departments and agencies. Where the 

establishment of separate facilities is not feasible the 

Secretary may enter into such arrangements as he deems necessary 

with the heads of Federal departments, agencies, and 

instrumentalities and with State agencies for the use of existing 

facilities and personnel under their control. 

(b) There are authorized to be appropriated for purposes of 

subsection (a) such sums as may be necessary. 

129 
 

 

ADDENDUM 

MISC. PROVISIONS OF THE "FEDERAL 

MINE SAFETY AND HEALTH AMENDMENTS ACT OF 1977" 

Pub. L. No. 95-164 (November 9, 1977), S. 717 

TRANSFER MATTERS 

SEC. 301 [30 U.S.C. § 961]. (a) Except with respect to the 

functions assigned to the Secretary of the Interior pursuant to 

section 501 of the Federal Coal Mine Health and Safety Act of 

1969 [30 U.S.C. § 951], the functions of the Secretary of the 

Interior under the Federal Coal Mine Health and Safety Act of 

1969, as amended [30 U.S.C. §§ 801 et seq.], and the Federal 

Metal and Nonmetallic Mine Safety Act [30 U.S.C. §§ 721 et seq.] 

are transferred to the Secretary of Labor, except those which are 

expressly transferred to the Commission by this Act. Effective on 

the date of enactment of this Act [November 9, 1977], the Health 

and Safety Academy is transferred to the Secretary of Labor. 

(b)(1) The mandatory standards relating to mines, issued by 

the Secretary of the Interior under the Federal Metal and 

Nonmetallic Mine Safety Act [30 U.S.C. §§ 721 et seq.] and 

standards and regulations under the Federal Coal Mine Health and 

Safety Act of 1969 [30 U.S.C. §§ 801 et seq.] which are in effect 

on the date of enactment of this Act [November 9, 1977] shall 

remain in effect as mandatory health or safety standards 

applicable to metal and nonmetallic mines and to coal mines 

respectively under the Federal Mine Safety and Health Act of 1977 

[30 U.S.C. §§ 801 et seq.] until such time as the Secretary of 

Labor shall issue new or revised mandatory health or safety 

standards applicable to metal and nonmetallic mines and new or 

revised mandatory health or safety standards applicable to coal 

mines. 

(2) Within 60 days after the date of enactment of this 

Act [November 9, 1977], the Secretary of Labor in 

consultation with the Secretary of the Interior shall 

establish an advisory committee under section 102 of the 

Federal Mine Safety and Health Act of 1977 [30 U.S.C. § 812] 

which shall, within 180 days after the date of the 

establishment of such advisory committee, review the 

advisory health and safety standards issued by the Secretary 

of the Interior under the Federal Metal and Nonmetallic Mine 

Safety Act [30 U.S.C. §§ 721 et seq.] and recommend to the 

Secretary of Labor which of those standards (or any 

modifications of such standards which do not substantially 

diminish the health and safety of miners) should be 

promulgated as mandatory health or safety standards. The 

Secretary of Labor shall publish, within 60 days after any 

recommendations of the advisory committee under this 

paragraph, each of the standards so recommended for adoption 

with or without modifications as a proposed mandatory health 

130 
or safety standard under this section by publication of such 

standard in the Federal Register, and afford interested 

persons a period of 25 days after publication to submit 

written data or comment. Within 30 days after the close of 

the comment period specified in the preceding sentence, the 

Secretary of Labor shall promulgate by publication in the 

Federal Register mandatory health or safety standards based 

upon the advisory committee recommendation with or without 

modification, and the data and comments received thereon, 

unless the Secretary of Labor determines that such standards 

will not promote the health and safety of miners and 

publishes an explanation of that determination in the 

Federal Register. 

(c)(1) All unexpended balances of appropriations, personnel, 

property, records, obligations, and commitments which are used 

primarily with respect to any functions transferred under the 

provisions of subsection (a) to the Secretary of Labor shall be 

transferred to the Department of Labor or the Commission, as 

appropriate. The transfer of personnel pursuant to this paragraph 

shall be without reduction in classification or compensation for 

one year after such transfer, except that the Secretary of Labor 

shall have full authority to assign personnel during such 

one-year period in order to efficiently carry out functions 

transferred to him under this Act. 

(2) All orders, decisions, determinations, rules, 

regulations, permits, contracts, certificates, licenses, and 

privileges --

(A) which have been issued, made, granted, or 

allowed to become effective in the exercise of functions 

which are transferred under this section by any department 

or agency, any functions of which are transferred by this 

section, and 

(B) which are in effect at the time this section 

takes effect, shall continue in effect according to their 

terms until modified, terminated, superseded, set aside, 

revoked, or repealed by the Secretary of Labor, the Federal 

Mine Safety and Health Review Commission or other authorized 

officials, by any court of competent jurisdiction, or by 

operation of law. 

(3) The provisions of this section shall not affect any 

proceedings pending at the time this section takes effect 

before any department, agency, or component thereof, 

functions of which are transferred by this section, except 

that such proceedings, to the extent that they relate to 

functions so transferred, shall be continued before the 

Secretary of Labor or the Federal Mine Safety and Health 

Review Commission. Orders shall be issued in such 

proceedings, appeals shall be taken therefrom, and payments 

shall be made pursuant to such orders, as if this section 

had not been enacted; and orders issued in any such 

proceedings shall continue in effect until modified, 

terminated, superseded, revoked, or repealed by the 

Secretary of Labor, the Federal Mine Safety and Health 

Review Commission, by a court of competent jurisdiction, or 

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by operation of law. Nothing in this subsection shall be 

deemed to prohibit the discontinuance or modification of any 

proceeding under the same terms and conditions and to the 

same extent that such proceeding could have been 

discontinued if this section had not been enacted. 

(4) The provisions of this section shall not affect 

suits commenced prior to the date this section takes effect 

and in all such suits proceedings shall be had, appeals 

taken, and judgments rendered, in the same manner and effect 

as if this section had not been enacted; except that if 

before the date on which this section takes effect, any 

department or agency (or officer thereof in his official 

capacity) is a party to a suit involving functions 

transferred to the Secretary, then such suit shall be 

continued by the Secretary of Labor. No cause of action, and 

no suit, action, or other proceeding, by or against any 

department or agency (or officer thereof in his official 

capacity) functions of which are transferred by this 

section, shall abate by reason of the enactment of this 

section. Causes of actions, suits, actions, or other 

proceedings may be asserted by or against the United States 

or the Secretary as may be appropriate and, in any 

litigation pending when this section takes effect, the court 

may at any time, on its own motion or that of any party, 

enter an order which will give effect to the provisions of 

this paragraph. 

(d) For purposes of this section, 

(1) the term "function" includes power and duty, and 

(2) the transfer of a function, under any provision of 

law, of an agency or the head of a department shall also be 

a transfer of all functions under such law which are 

exercised by any officer [so in original; probably should be 

“office”] or officer of such agency or department. 

(e) The Director of the Office of Management and Budget in 

consultation with the Secretary of Labor and the Secretary of the 

Interior is authorized and directed to make such determinations 

as may be necessary with regard to the dispositions of personnel, 

personnel positions, property, records, assets, liabilities, 

contracts, obligations, commitments, unexpended balances of 

appropriations, authorizations, allocations, and other funds 

employed, held, used, arising from, available or to be made 

available, in connection with the functions transferred by this 

Act as he may deem necessary to accomplish the purposes of this 

Act. 

MINE SAFETY AND HEALTH ADMINISTRATION 

SEC. 302 [29 U.S.C. § 557a]. (a) There is established in the 

Department of Labor a Mine Safety and Health Administration to be 

headed by an Assistant Secretary of Labor for Mine Safety and 

Health appointed by the President, by and with the advice and 

consent of the Senate. The Secretary, acting through the 

Assistant Secretary for Mine Safety and Health, shall have 

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authority to appoint, subject to the civil service laws, such 

officers and employees as he may deem necessary for the 

administration of this Act, and to prescribe powers, duties, and 

responsibilities of all officers and employees engaged in the 

administration of this Act. The Secretary is authorized and 

directed, except as specifically provided otherwise to carry out 

his functions under the Federal Mine Safety and Health Act of 

1977 [30 U.S.C. §§ 801 et seq.] through the Mine Safety and 

Health Administration. 

(b) Section 5315 of title 5, United States Code, is amended 

by adding at the end thereof the following paragraphs: 

"(120) Assistant Secretary of Labor for Mine Safety and 

Health. 

"(121) Members, Federal Mine Safety and Health Review 

Commission.". 

(c)(1) Section 5314 of title 5, United States Code, is 

amended by adding at the end thereof the following new paragraph: 

"(66) Chairman, Federal Mine Safety and Health Review 

Commission.". 

(d) [30 U.S.C. § 823a]. The principal office of the 

Commission shall be in the District of Columbia. Whenever the 

Commission deems that convenience of the public or the parties 

may be promoted, or delay or expense may be minimized, it may 

hold hearings or conduct other proceedings at any other place. 

SAVINGS PROVISION 

SEC. 304 [30 U.S.C. § 954 Note]. Nothing contained in this 

Act or any amendment made by this Act shall be construed to 

reduce the number of inspectors engaged in enforcement of the 

Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. §§ 801 

et seq.] and the Federal Metal and Nonmetallic Mine Safety Act 

[30 U.S.C. §§ 721 et seq.] as in effect prior to the effective 

date of this Act or to reduce the number of inspectors engaged in 

the enforcement of the Occupational Safety and Health Act of 1970 

[29 U.S.C. §§ 651 et seq.]. 

BUDGET PROVISION 

SEC. 305. In the preparation of the Budget message required 

under section 201 of the Budget and Accounting Act, 1921 (31 

U.S.C. 11)[Re-codified; see 31 U.S.C. § 1105(a)(23)], the 

President shall set forth as separate appropriation accounts 

amounts required for appropriation for mine health and safety 

pursuant to the Federal Mine Safety and Health Act of 1977 [30 

U.S.C. §§ 801 et seq.] and for occupational safety and health 

pursuant to the Occupational Safety and Health Act of 1970 [29 

U.S.C. §§ 651 et seq.]. 

REPEALER 

SEC. 306. (a) The Federal Metal and Nonmetallic Mine Safety 

Act [30 U.S.C. §§ 721 et seq.]is repealed. 

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(b) Section 405 of the Act of November 16, 1973, Public Law 

93-153 [43 U.S.C. §§ 1456a] is repealed. 

EFFECTIVE DATE 

SEC. 307. Except as otherwise provided, this Act and the 

amendments made by this Act shall take effect 120 days after the 

date of enactment of this Act [November 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 shall be effective on the date of 

enactment[November 9, 1977]. 

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ADDENDUM 

APPOINTMENT OF INDIVIDUALS TO HEAR AND DETERMINE BENEFIT CLAIMS 

Pub. L. No. 94-504 (October 15, 1976), H.J. Res. 1118 

JOINT RESOLUTION [30 U.S.C § 932a] To provide that qualified 

individuals may hear and determine claims for benefits under 

title IV of the Federal Coal Mine Health and Safety Act of 1969, 

and to provide for appeal to superior agency authority from any 

such determination. 

Be it resolved by the Senate and House of Representatives of 

the United States of America in Congress assembled, That 

qualified individuals appointed by the Secretary of Labor may 

hear and determine claims for benefits under part B or C of title 

IV of the Federal Coal Mine Health and Safety Act of 1969 [Pub. 

L. 91-173, as amended; 30 U.S.C. §§ 901 et seq.]. For purposes of 

this Joint Resolution, the term “qualified individual” means such

an individual, regardless of whether that individual is a hearing 

examiner appointed under section 3105 of title 5, United States 

Code. Nothing in this Joint Resolution shall be deemed to imply 

that there is or is not in effect any authority for such 

individuals to hear and determine such claims under any other 

provision of law other than this Joint Resolution. 

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