FEDERAL MINE SAFETY AND HEALTH ACT OF 1977

[Public Law 91–173]

[As Amended Through P.L. 109–280, Enacted August 17, 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”.

(30 U.S.C. 801 nt) Enacted December 30, 1969, P.L, 91–173, sec. 1, 83 Stat. 742; amended November 9, 1977,
P.L. 95–164, title I, sec. 101, 91 Stat. 1290.

FINDINGS AND PURPOSE

SEC. 2. Congress declares that—

(a) the first priority and concern of all in the coal or other mining industry
must be the health and safety of its most precious resource—the miner;

(b) deaths and serious injuries from unsafe and unhealthful conditions and
practices in the coal or other mines cause grief and suffering to the miners and to
their families;

(c) there is an urgent need to provide more effective means and measures
for improving the working conditions and practices in the Nation’s coal or other
mines in order to prevent death and serious physical harm, and in order to
prevent occupational diseases originating in such mines;

(d) the existence of unsafe and unhealthful conditions and practices in the
Nation’s coal or other mines is a serious impediment to the future growth of the
coal or other mining industry and cannot be tolerated;

(e) the operators of such mines with the assistance of the miners have the
primary responsibility to prevent the existence of such conditions and practices
in such mines;

(f) the disruption of production and the loss of income to operators and
miners as a result of coal or other mine accidents or occupationally caused
diseases unduly impedes and burdens commerce; and

(g) it is the purpose of this Act (1) to establish interim mandatory health and
safety standards and to direct the Secretary of Health, Education, and Welfare

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.

(30 U.S.C. 801) Enacted December 30, 1969, P.L. 91–173, sec. 2, 83 Stat. 742; amended November 9, 1977,
P.L. 95–164, title I, sec. 102(a), 91 Stat. 1290.

DEFINITIONS

SEC. 3. 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 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;

(l) “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.

(30 U.S.C. 802) Enacted December 30, 1969, P.L. 91–173, sec. 3, 83 Stat. 743; amended November 9, 1977,
P.L. 95–164, title I, sec. 102(b), 91 Stat. 1290.

MINES SUBJECT TO ACT

SEC. 4. 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.

(30 U.S.C. 803) Enacted December 30, 1969, P.L. 91–173, sec. 4, 83 Stat. 744; amended November 9, 1977,
P.L. 95–164, title I, sec. 102(c), 91 Stat. 1291.

INTERIM COMPLIANCE PANEL

SEC. 5. (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 Bureau of Standards,

Department of Commerce, or his delegate;

(3) Administrator of Consumer Protection and Environmental Health Service, Department of Health, Education, and Welfare, or his delegate;

(4) Director of the 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,
Education, and Welfare, 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. 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.

(30 U.S.C. 804) Enacted December 30, 1969, P.L. 91–173, sec. 5, 83 Stat. 744; amended November 9, 1977,
P.L. 95–164, title I, sec. 102(d), 91 Stat. 1291; amended March 27, 1978, P.L. 95–251, sec. 2(a)(9), 92 Stat.
183.

TITLE I—GENERAL

MANDATORY SAFETY AND HEALTH STANDARDS

SEC. 101. (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, Education, and Welfare, 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). The Secretary shall provide
such an advisory committee with any proposals of his own or of the Secretary of
Health, Education, and Welfare, together with all pertinent factual information
developed by the Secretary or the Secretary of Health, Education, and Welfare,
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 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 be rule
promulgate, modify, or revoke such mandatory standards, and publish his
reasons therefor.

(C) In the event the Secretary determines that a proposed mandatory health
or safety standard should not be promulgated he shall, within the times specified
in subparagraphs (A) and (B) publish his reasons for his determination.

(5) Any mandatory health or safety standard promulgated as a final rule
under this section shall be effective upon publication in the Federal Register
unless the Secretary specifies a later date.

(6)(A) The Secretary, in promulgating mandatory standards dealing with
toxic materials or harmful physical agents under this subsection, shall set
standards which most adequately assure on the basis of the best available
evidence that no miner will suffer material impairment of health or functional
capacity even if such miner has regular exposure to the hazards dealt with by
such standard for the period of his working life. Development of mandatory
standards under this subsection shall be based upon research, demonstrations,
experiments, and such other information as may be appropriate. In addition to
the attainment of the highest degree of health and safety protection for the miner,
other considerations shall be the latest available scientific data in the field, the
feasibility of the standards, and experience gained under this and other health
and safety laws. Whenever practicable, the mandatory health or safety standard
promulgated shall be expressed in terms of objective criteria and of the
performance desired.

(B) The Secretary of Health, Education, and Welfare, as soon as possible
after the date of enactment of the Federal Mine Safety and Health Amendments
Act of 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, Education, and Welfare shall submit such
determinations with respect to such toxic substances or harmful physical agents
to the Secretary. Thereafter, the Secretary of Health, Education, and Welfare
shall submit to the Secretary all pertinent criteria regarding any such substances
determined to be toxic or any such harmful agents as such criteria are developed.
Within 60 days after receiving any criteria in accordance with the preceding
sentence relating to a toxic material or harmful physical agent which is not
adequately covered by a mandatory health or safety standard promulgated under
this section, the Secretary shall either appoint an advisory committee to make
recommendations with respect to a mandatory health or safety standard covering
such material or agent in accordance with paragraph (1), or publish a proposed
rule promulgating such a mandatory health or safety standard in accordance with
paragraph (2), or shall publish his determination not to do so.

(7) Any mandatory health or safety standard promulgated under this
subsection shall prescribe the use of labels or other appropriate forms of warning
as are necessary to insure that miners are apprised of all hazards to which they
are exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure. Where appropriate,
such mandatory standard shall also prescribe suitable protective equipment and
control or technological procedures to be used in connection with such hazards
and shall provide for monitoring or measuring miner exposure at such locations
and intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such mandatory standard shall
prescribe the type and frequency of medical examinations or other tests which
shall be made available, by the operator at his cost, to miners exposed to such
hazards in order to most effectively determine whether the health of such miners
is adversely affected by such exposure. Where appropriate, the mandatory
standard shall provide that where a determination is made that a miner may
suffer material impairment of health or functional capacity by reason of exposure
to the hazard covered by such mandatory standard, that miner shall be removed
from such exposure and reassigned. Any miner transferred as a result of such
exposure shall continue to receive compensation for such work at no less than
the regular rate of pay for miners in the classification such miner held
immediately prior to his transfer. In the event of the transfer of a miner pursuant
to the preceding sentence, increases in wages of the transferred miner shall be
based upon the new work classification. In the event such medical examinations
are in the nature of research, as determined by the Secretary of Health,
Education, and Welfare, such examinations may be furnished at the expense of
the Secretary of Health, Education, and Welfare. The results of examinations or
tests made pursuant to the preceding sentence shall be furnished only to the
Secretary or the Secretary of Health, Education, and Welfare, 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 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 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 of regulation.

(30 U.S.C. 811) Enacted December 30, 1969, P.L. 91–173, title I, sec. 101, 83 Stat. 745; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1291.

ADVISORY COMMITTEES

SEC. 102. (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 Bureau of Standards, Department of Commerce, or his delegate, with the consent of the Director;

(C) the Director of the National Science Foundation, or his delegate, with the consent of the Director; and

(D) such other persons as the Secretary of the Interior may appoint who are knowledgeable in the field of coal or other mine safety research. The Secretary of the Interior shall designate the chairman of the committee.

(2) The advisory committee shall consult with, and make recommendations
to, the Secretary of the Interior on matters involving or relating to coal or other
mine safety research. The Secretary of the Interior shall consult with, and
consider the recommendations of, such committee in the conduct of such
research, the making of any grants, and the entering into of contracts for such
research.

(3) The chairman of the committee and a majority of the persons appointed
by the Secretary of the Interior pursuant to paragraph (1)(D) shall be individuals
who have no economic interests in the coal or other mining industry, and who
are not operators, miners, or officers or employees of the Federal Government or
any State or local government.

(b)(1) The Secretary of Health, Education, and Welfare shall appoint an
advisory committee on coal or other mine health research composed of—

(A) the Director, 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, Education, and Welfare may appoint who are knowledgeable in the field of coal or other mine health research.

The Secretary of Health, Education, and Welfare shall designate the chairman of
the committee.

(2) The advisory committee shall consult with and make recommendations
to, the Secretary of Health, Education, and Welfare on matters involving or
relating to coal or other mine health research. The Secretary of Health,
Education, and Welfare 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, Education, and Welfare 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, Education, and Welfare 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,
Education, and Welfare, 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 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 traveltime)
during which they are performing committee business, entitled to receive
compensation at a rate fixed by the appropriate Secretary but not in excess of the
maximum rate of pay for grade GS–18 as provided in the General Schedule
under section 5332 of title 5 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.

(30 U.S.C. 812) Enacted December 30, 1969, P.L. 91–173, title I, sec. 102, 83 Stat. 747; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1295.

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING

SEC. 103. (a) Authorized representatives of the Secretary or the Secretary
of Health, Education, and Welfare 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, Education, and Welfare 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 laws. For the purpose of making any
inspection or investigation under this Act, the Secretary, or the Secretary of
Health, Education, and Welfare, with respect to fulfilling his responsibilities
under this Act, or any authorized representative of the Secretary or the Secretary
of Health, Education, and Welfare, 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, Education,
and Welfare, 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,
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,
Education, and Welfare under this Act shall be obtained in such a manner as not
to impose an unreasonable burden upon operators, especially those operating
small businesses, consistent with the underlying purposes of this 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 any other mine, any
representative of miners or a miner in the case of a coal or other mine where
there is no such representative, may notify the Secretary or any representative of
the Secretary responsible for conducting the inspection, in writing, of any
violation of this 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, Education, and Welfare may reasonably require from time to time to
enable him to perform his functions under this Act. The Secretary or the
Secretary of Health, Education, and Welfare 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 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.

(30 U.S.C. 813) Enacted December 30, 1969, P.L. 91–173, title I, sec. 103, 83 Stat. 749; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1297; June 15, 2006, P.L. 109–236, sec. 5(a), 120 Stat. 498.

CITATIONS AND ORDERS

SEC. 104. (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 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 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), 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 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, 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, 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. 814) Enacted December 30, 1969, P.L. 91–173, title I, sec. 104, 83 Stat. 750; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1300.

PROCEDURE FOR ENFORCEMENT

SEC. 105. (a) If, after an inspection or investigation, the Secretary issues a
citation or order under section 104, 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) for the
violation cited and that the operator has 30 days within which to notify the
Secretary that he wishes to contest the citation or proposed assessment of
penalty. A copy of such notification shall be sent by mail to the representative of
miners in such mine. If, within 30 days from the receipt of the notification issued
by the Secretary, the operator fails to notify the Secretary that he intends to
contest the citation or the proposed assessment of penalty, and no notice is filed
by any miner or representative of miners under subsection (d) of this section
within such time, the citation and the proposed assessment of penalty shall be
deemed a final order of the Commission and not subject to review by any court
or agency. Refusal by the operator or his agent to accept certified mail
containing a citation and proposed assessment of penalty under this subsection
shall constitute receipt thereof within the meaning of this subsection.

(b)(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) 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), 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 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. 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 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 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 Secretary, upon investigation, determines that the provisions of this
subsection have not been violated, the complainant shall have the right, within
30 days 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 of 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.
Violations by any person of paragraph (1) shall be subject to the provisions of
sections 108 and 110(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, 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 or 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 of orders issued under section 104.

(30 U.S.C. 815) Enacted December 30, 1969, P.L. 91–173, title I, sec. 105, 83 Stat.753; amended November 9,
1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1303.

JUDICIAL REVIEW

SEC. 106. (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 degree

shall be final, except that the
same shall be subject to review by the Supreme Court of the United States, as
provided in section 1254 of title 28, 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) or an order or decision pertaining to a citation issued
under section 104(a) or (f), the court may, under such conditions as it may
prescribe, grant such temporary relief as it deems appropriate pending final
determination of the proceeding, if—

(A) all parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(B) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(C) such relief will not adversely affect the health and safety of miners in the coal or other mine.

(3) In the case of a proceeding to review any order or decision issued by the
Panel under this 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, 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, 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.

(30 U.S.C. 816) Enacted December 30, 1969, P.L. 91–173, title I, sec. 106, 83 Stat. 754; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1306; amended November 8, 1984, P.L. 98–620, title IV, sec.
402(34), 98 Stat. 3360.

PROCEDURES TO COUNTERACT DANGEROUS CONDITIONS

SEC. 107. (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 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), 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.

(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 an 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, expect those persons referred to in subsection (c) of section 104 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 person 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, 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).

(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.

(30 U.S.C. 817) Enacted December 30, 1969, P.L. 91–173, title I, sec. 107, 83 Stat.755; amended November 9,
1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1307.

INJUNCTIONS

SEC. 108. (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, Education, and Welfare 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, Education, and Welfare 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, Education, and Welfare 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 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.

(30 U.S.C. 818) Enacted December 30, 1969, P.L. 91–173, title I, sec. 108, 83 Stat. 756; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1309; June 15, 2006, P.L. 109–236, sec. 9, 120 Stat. 501.

POSTING OF ORDERS AND DECISIONS

SEC. 109. (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 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.

(30 U.S.C. 819) Enacted December 30, 1969, P.L. 91–173, title I, sec. 109, 83 Stat. 756; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1310.

PENALTIES

SEC. 110. (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 $50,000 [currently $70,000]

(2) The operator of a coal or other mine who fails to provide timely
notification to the Secretary as required under section 103(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 $60,000.

(3)(A) The minimum penalty for any citation or order issued under section
104(d)(1) shall be $2,000.

(B) The minimum penalty for any order issued under section 104(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, of an order imposing a
penalty described in this subsection. If a court, in making such 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) within the period permitted for its correction
may be assessed a civil penalty of not more than $5,000  [currently $7,500]

(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), 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, 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), 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 than $1,000 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 filled or
required to be maintained pursuant to this Act shall, upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not more
than five years, or both.

(g) Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches, or lighters
shall be subject to a civil penalty assessed by the Commission, which penalty
shall not be more than $250 [currently $375]

(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) 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.

(30 U.S.C. 820) Enacted December 30, 1969, P.L. 91–173, title I, sec. 110, 83 Stat.758; amended November 9,
1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1311; amended November 5, 1990, P.L. 101–508, sec. 3102, 104
Stat. 1388–29; June 15, 2006, P.L. 109–236, secs. 5(b), 8, 120 Stat. 498, 500; August 17, 2006, P.L. 109-280,
title XIII, sec. 1310, 120 Stat. 1108.

ENTITLEMENT OF MINERS

SEC. 111. 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, 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.

(30 U.S.C. 821) Enacted December 30, 1969, P.L. 91–173, title I, sec. 111, 83 Stat. 759; amended November
9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1312.

ADMINISTRATIVE PROVISIONS

SEC. 112. 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.

(30 U.S.C. 822) P.L. 91-173, added November 9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1313.

THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SEC. 113. (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 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, 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 Civil Service Commission.

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, 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 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 supported by substantial evidence.

(II) A necessary legal conclusion is erroneous.

(III) The decision is contrary to law or to the duly promulgated rules or decisions of the Commission.

(IV) A substantial question of law, policy or discretion is involved.

(V) A prejudicial error of procedure was committed.

(iii) Each issue shall be separately numbered and plainly and concisely
stated, and shall be supported by detailed citations to the record when
assignments of error are based on the record, and by statutes, regulations, or
principal authorities relied upon. Except for good cause shown, no assignment of
error by any party shall rely on any question of fact or law upon which the
administrative law judge had not been afforded an opportunity to pass. Review
by the Commission shall be granted only by affirmative vote of two of the
Commissioners present and voting. If granted, review shall be limited to the
questions raised by the petition.

(B) At any time within 30 days after the issuance of a decision of an
administrative law judge, the Commission may in its discretion (by affirmative
vote of two of the Commissioners present and voting) order the case before it for
review but only upon the ground that the decision may be contrary to law or
Commission policy, or that a novel question of policy has been presented. The
Commission shall state in such order the specific issue of law, Commission
policy, or novel question of policy involved. If a party’s petition for
discretionary review has been granted, the Commission shall not raise or
consider additional issues in such review proceedings except in compliance with
the requirements of this paragraph.

(C) For the purpose of review by the Commission under paragraph (A) or
(B) of this subsection, the record shall include: (I) all matters constituting the
record upon which the decision of the administrative law judge was based; (ii)
the rulings upon proposed findings and conclusions; (iii) the decision of the
administrative law judge; (iv) the petition or petitions for discretionary review,
responses thereto, and the Commission’s order for review; and (v) briefs filed on
review. No other material shall be considered by the Commission upon review.
The Commission either may remand the case to the administrative law judge for
further proceedings as it may direct or it may affirm, set aside, or modify the
decision or order of the administrative law judge in conformity with the record.
If the Commission determines that further evidence is necessary on an issue of
fact it shall remand the case for further proceedings before the administrative
law judge.

(The provisions of section 557(b) of title 5, 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
persons 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.

(30 U.S.C. 823) P.L. 91-173, added November 9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1313.

AUTHORIZATION OF APPROPRIATIONS

SEC. 114. 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.

(30 U.S.C. 824) P.L. 91-173, addedNovember 9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1315.

MANDATORY HEALTH AND SAFETY TRAINING

SEC. 115. (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 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); 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.

(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;

(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 rescueteams whose members—

(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.

(30 U.S.C. 825) P.L. 91-173, addedNovember 9, 1977, P.L. 95–164, title II, sec. 201, 91 Stat. 1315; June 15,
2006, P.L. 109–236, sec. 4, 120 Stat. 497.

SEC. 116. LIMITATION ON CERTAIN LIABILITY FOR RESCUE
OPERATIONS.



(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.

(30 U.S.C. 826) P.L. 91-173, addedJune 15, 2006, P.L. 109–236, sec. 3, 120 Stat. 496.

TITLE II—INTERIM MANDATORY HEALTH STANDARDS

COVERAGE

SEC. 201. (a) The provisions of sections 202 through 206 of this title and
the applicable provisions of section 318 of title III 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, 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.

(30 U.S.C. 841) Enacted December 30, 1969, P.L. 91–173, title II, sec. 201, 83 Stat. 760.



DUST STANDARD AND RESPIRATORY EQUIPMENT

SEC. 202. (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, Education, and
Welfare 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 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) 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, each
operator shall continuously maintain the average concentration of respirable
dust in the mine atmosphere during each shift to which each miner in the
active workings of such mine is exposed at or below 2.0 milligrams of
respirable dust per cubic meter of air.

(3) Any operator who determines that he will be unable, using available
technology, to comply with the provisions of paragraph (1) of this
subsection, or the provisions of paragraph (2) of this subsection, as
appropriate, may file with the Panel, no later than sixty days prior to the
effective date of the applicable respirable dust standard established by such
paragraphs, an application for a permit for noncompliance. If, in the case of
an application for a permit for noncompliance with the 3.0 milligram
standard established by paragraph (1) of this subsection, the application
satisfies the requirements of subsection (c) of this section, the Panel shall
issue a permit for noncompliance to the operator. If, in the case of an
application for a permit for noncompliance with the 2.0 milligram standard
established by paragraph (2) of this subsection, the application satisfies the
requirements of subsection (c) of this section and the Panel determines that
the applicant will be unable to comply with such standard, the Panel shall
issue to the operator a permit for noncompliance.

(4) In any case in which an operator, who has been issued a permit
(including a renewal permit) for noncompliance under this section,
determines, not more than ninety days prior to the expiration date of such
permit, that he still is unable to comply with the standard established by
paragraph (1) of this subsection or the standard established by paragraph (2)
of this subsection, as appropriate, he may file with the Panel an application
for renewal of the permit. Upon receipt of such application, the Panel, if it
determines, after all interested persons have been notified and given an
opportunity for a public hearing under section 5 of this Act, 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, techology
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 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 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—

(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, Education, and Welfare shall
establish, in accordance with the provisions of section 101 of this Act, 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, Education, and Welfare.

(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, over a number of continuous production shifts to be
determined by the Secretary and the Secretary of Health, Education, and
Welfare, and (2) as measured thereafter, over a single shift only, unless the
Secretary and the Secretary of Health, Education, and Welfare find, in
accordance with the provisions of section 101 of this Act, that such single 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, Education, and Welfare 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.

(30 U.S.C. 842) Enacted December 30, 1969, P.L. 91–173, title II, sec. 202, 83 Stat. 760; amended November
9, 1977, P.L. 95–164, title II, sec. 202(a), 91 Stat. 1317.

MEDICAL EXAMINATIONS

SEC. 203. (a) The operator of a coal mine shall cooperate with the Secretary
of Health, Education, and Welfare 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, 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,
Education, and Welfare 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, Education, and Welfare and
shall be supplemented by such other tests as the Secretary of Health, Education,
and Welfare deems necessary. The films shall be read and classified in a manner
to be prescribed by the Secretary of Health, Education, and Welfare, 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, Education, and Welfare, 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, Education, and Welfare based upon such
reading or other medical examinations, shows evidence of the development of
pneumoconiosis shall be afforded the option of transferring from his position to
another position in any area of the mine, for such period or periods as may be
necessary to prevent further development of such disease, where the
concentration of respirable dust in the mine atmosphere is not more than 2.0
milligrams of dust per cubic meter of air.

(2) Effective three years after the date of enactment of this Act, any miner
who, in the judgment of the Secretary of Health, Education, and Welfare 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
test 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, Education, and Welfare, or by an
appropriate person, agency, or institution, public or private, under an agreement
or arrangement between the Secretary of Health, Education, and Welfare and
such person, agency, or institution. The operator of the mine shall reimburse the
Secretary of Health, Education, and Welfare, 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,
Education, and Welfare 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, Education, and Welfare
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,
Education, and Welfare.

(30 U.S.C. 843) enacted December 30, 1969, P.L. 91–173, title II, sec. 203, 83 Stat. 763.

DUST FROM DRILLING ROCK

SEC. 204. The dust resulting from drilling in rocks shall be controlled by
the use of permissible dust collectors, or by water or water with a wetting agent,
or by ventilation, or by any other method or device approved by the Secretary
which is at least as effective in controlling such dust. Respiratory equipment
approved by the Secretary and the Secretary of Health, Education, and Welfare
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.

(30 U.S.C. 844) enacted December 30, 1969, P.L. 91–173, title II, sec. 204, 83 Stat. 764.

DUST STANDARD WHEN QUARTZ IS PRESENT

SEC. 205. 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, Education, and Welfare 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.

(30 U.S.C. 845) Enacted December 30, 1969, P.L. 91–173, title II, sec. 205, 83 Stat. 765.

NOISE STANDARD

SEC. 206. 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, 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, the Secretary of Health, Education, and Welfare shall
establish, and the Secretary shall publish, as provided in section 101 of this Act,
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, Education, and Welfare, 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, Education, and Welfare. 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.

(30 U.S.C. 846) Enacted December 30, 1969, P.L. 91–173, title II, sec. 206, 83 Stat. 765.

TITLE III—INTERIM MANDATORY SAFETY STANDARDS FOR
UNDERGROUND COAL MINES

COVERAGE

SEC. 301. (a) The provisions of sections 302 through 318 of this title shall
be interim mandatory safety standards applicable to all underground coal mines
until superseded in whole or in part by improved mandatory safety standards
promulgated by the Secretary under the provisions of section 101 of this Act, 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.

(30 U.S.C. 861) Enacted December 30, 1969, P.L. 91–173, title III, sec. 301, 83 Stat. 765; amended November
9, 1977, P.L. 95–164, title II, sec. 203, 91 Stat. 1317.

ROOF SUPPORT

SEC. 302. (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 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.

(30 U.S.C. 862) Enacted December 30, 1969, P.L. 91–173, title III, sec. 302, 83 Stat. 766.

VENTILATION

SEC. 303. (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 working 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 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 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 underground area of the mine designated by the Secretary or
his authorized representative. Each such examiner shall examine every working
section in such workings and shall make tests in each such working section for
accumulations of methane with means approved by the Secretary for detecting
methane and shall make tests for oxygen deficiency with a permissible flame
safety lamp or other means approved by the Secretary; examine seals and doors
to determine whether they are functioning properly; examine and test the roof,
face, and rib conditions in such working section; examine active roadways,
travelways, and belt conveyors on which men are carried, approaches to
abandoned areas, and accessible falls in such section for hazards; test by means
of an anemometer or other device approved by the Secretary to determine
whether the air in each split is traveling in its proper course and in normal
volume and velocity; and examine for such other hazards and violations of the
mandatory health or safety standards, as an authorized representative of the
Secretary may from time to time require. Belt conveyors on which coal is carried
shall be examined after each coal-producing shift has begun. Such mine
examiner shall place his initials and the date and time at all places he examines.
If such mine examiner finds a condition which constitutes a violation of a
mandatory health or safety standard or any condition which is hazardous to
persons who may enter or be in such area, he shall indicate such hazardous place
by posting a “DANGER” sign 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, 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 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, 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 intake 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, shall be withdrawn from the area of the mine
endangered thereby to a safe area, and all electric power shall be cut off from the
endangered area of the mine, until the air in such working place shall contain
less than 1.0 volume per centum of methane.

(i)(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, 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, 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 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. When installed on any such equipment, such monitor shall be kept
operative and properly maintained and frequently test 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 a 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
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 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 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, 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 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.

(30 U.S.C. 863) Enacted December 30, 1969, P.L. 91–173, title 111, sec. 303, 83 Stat. 767.

COMBUSTIBLE MATERIALS AND ROCK DUSTING

SEC. 304. (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 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) Subsection (b) through (d) of this section shall not apply to underground
anthracite mines.

(30 U.S.C. 864) Enacted December 30, 1969, P.L. 91–173, title III, sec. 304, 83 Stat. 774.

ELECTRICAL EQUIPMENT—GENERAL

SEC. 305. (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 operated entirely in coal seams located above the waterable 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, 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 in by 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 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, 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 of which it pertains,
and to the public official or agency of the State charged with administering State
laws relating to coal mine health and safety in such mine.

(c) 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
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. Threephase 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 designated, 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.

(30 U.S.C. 865) Enacted December 30, 1969, P.L. 91–173, title III, sec. 305, 83 Stat. 775.

TRAILING CABLES

SEC. 306. (a) Trailing cables used in coal mines shall meet the
requirements establishes 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. 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.

(30 U.S.C. 866) Enacted December 30, 1969, P.L. 91–173, title III, sec. 306, 83 Stat. 779.

GROUNDING

SEC. 307. (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 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.

(30 U.S.C. 867) Enacted December 30, 1969, P.L. 91–173, title III, sec. 307, 83 Stat. 780.

UNDERGROUND HIGH-VOLTAGE DISTRIBUTION

SEC. 308. (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 a
voltage equal to the phase-to-phase voltage of the system.

(d) Six months after the operative date of this title, high-voltage, 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. Terminations and splices in all other high-voltage cables shall be made in accordance with the manufacturer’s
specifications.

(l) 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.

(30 U.S.C. 868) Enacted December 30, 1969, P.L. 91–173, title III, sec. 308, 83 Stat. 780.

UNDERGROUND LOW- AND MEDIUM-VOLTAGE ALTERNATING
CURRENT CIRCUITS

SEC. 309. (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.

(c) Six months after the operative date of this title, low- and 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 on 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.

(30 U.S.C. 869) Enacted December 30, 1969, P.L. 91–173, title III, sec. 309, 83 Stat. 782.

TROLLEY WIRES AND TROLLEY FEEDER WIRES

SEC. 310. (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 and stoppings; and
(3) at man-trip stations. The Secretary or his authorized representatives 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.

(30 U.S.C. 870) Enacted December 30, 1969, P.L. 91–173, title III, sec. 310, 83 Stat. 783.

FIRE PROTECTION

SEC. 311. (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 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 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 conveyors belts acquired
for use underground shall meet the requirements to be established by the
Secretary for flame-resistant conveyor belts.

(30 U.S.C. 871) Enacted December 30, 1969, P.L. 91–173, title III, sec. 311, 83 Stat. 783.

MAPS

SEC. 312. (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 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.

(30 U.S.C. 872) Enacted December 30, 1969, P.L. 91–173, title III, sec. 312, 83 Stat. 785.

BLASTING AND EXPLOSIVES

SEC. 313. (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 nonconductive material,
maintained in good condition, and kept 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.

(30 U.S.C. 873) Enacted December 30, 1969, P.L. 91–173, title III, sec. 313, 83 Stat. 785.

HOISTING AND MANTRIPS

SEC. 314. (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 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.

(30 U.S.C. 874) Enacted December 30, 1969, P.L. 91–173, title III, sec. 314, 83 Stat. 786.

EMERGENCY SHELTERS

SEC. 315. 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.

(30 U.S.C. 875) Enacted December 30, 1969, P.L. 91–173, title III, sec. 315, 83 Stat. 787.

COMMUNICATIONS AND EMERGENCY RESPONSE PLANS

SEC. 316. (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, each underground coal mine operator shall develop and adopt a
written accident response plan that complies with this subsection with
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 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, 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 self-rescuers 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.

(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), 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, 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.

(30 U.S.C. 876) Enacted December 30, 1969, P.L. 91–173, title III, sec. 316, 83 Stat. 787; June 15, 2006, P.L.
109–236, sec. 2, 120 Stat. 493.

MISCELLANEOUS

SEC. 317. (a) Each operator of a coal mine shall take 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 of 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.

(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 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 coalhandling 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 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.

(l) 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, Education, and Welfare.
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 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, 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 of preventing explosions from explosive gases other than
methane and for testing for accumulations of such gases.

(30 U.S.C. 877) Enacted December 30, 1969, P.L. 91–173, title III, sec. 317, 83 Stat. 787.

DEFINITIONS

SEC. 318. 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 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 tests 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 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;

(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 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 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 within the periods prescribed therein;

(j) “low voltage” means by to and including 660 volts: “medium voltage”
means voltages from 661 to 1,000 volts; and “high voltage” means more than
1,000 volts;

[(k) Repealed]

(l) “coal mine” includes areas of adjoining mines connected underground.

(30 U.S.C. 878) Enacted December 30, 1969, P.L. 91–173, title III, sec. 318, 83 Stat. 791; amended November
9, 1977, P.L. 95–164, title II, sec 202(b), 91 Stat. 317.

****

TITLE V — ADMINISTRATION

RESEARCH

SEC. 501. (a) The Secretary of the Interior and the Secretary of Health,
Education, and Welfare, 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;

(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, Education, and Welfare through the
National Institute for Occupational Safety and Health established under the
Occupational Safety and Health Act of 1970, 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, the Secretary of the Interior and the Secretary of Health, Education,
and Welfare 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, Education, and Welfare 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, Education, and Welfare 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 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, Education, and Welfare 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 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, Education, and Welfare 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.

(30 U.S.C. 951) Enacted December 30, 1969, P.L. 91-173, title V, sec. 501, 83 Stat. 798; amended November
9, 1977, P.L. 95-164, title III, sec. 303(a), 91 Stat. 1320.

TRAINING AND EDUCATION



SEC. 502. (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 Labor. The Academy shall be responsible for the
training of mine safety and health inspectors under section 505 of this Act, 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; and for any other training programs for mine
inspectors, mining personnel, or other persons as the Secretary of Labor 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 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.

(30 U.S.C. 952) Enacted December 30, 1969, P.L. 91-173, title V, sec. 502, 83 Stat. 800; amended November
9, 1977, P.L. 95-164, title III, sec. 303(b), (h), 91 Stat. 1320, 1321; July 25, 1979, P.L. 96-38, title I, sec. 100,
93 Stat. 111.



ASSISTANCE TO STATES



SEC. 503. (a) The Secretary, in coordination with the Secretary of Health,
Education, and Welfare 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;

(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 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 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.

(30 U.S.C. 953) Enacted December 30, 1969, P.L. 91-173, title V, sec. 503, 83 Stat. 800; amended November
9, 1977, P.L. 95-164, title III, sec. 303(c), 91 Stat. 1320.



ECONOMIC ASSISTANCE



SEC. 504. [(a) REPEALED]

(15 U.S.C. 636(b)(5)) EnactedJuly 18, 1958, P.L. 85-536, sec. 2[7], 72 Stat. 387;
amended December 30, 1969, P.L. 91-173, title V, sec. 504, 83 Stat. 801; January 2,
1973, P.L. 93-237, sec. 2, 87 Stat. 1023; August 13, 1981, P.L. 97-35, title XIX, sec.
1913(a), 95 Stat. 780; April 7, 1986, P.L. 99-272, title XVIII, sec. 18006(A)(1)(c), 100
Stat. 366.

[(b) REPEALED]

(15 U.S.C. 636(b)) EnactedJuly 18, 1958, P.L. 85-536, sec. 2[7], 72 Stat. 387; amendedDecember 30, 1969, P.L. 91-173, title V, sec. 504, 83 Stat. 801; June 4, 1976, P.L. 94-305, title I, sec. 114, 90 Stat. 667.

[(c) REPEALED]

(15 U.S.C. 633(c)(1)) EnactedJuly 18, 1958, P.L. 85-536, sec. 2[4], 72 Stat. 384;
amendedDecember 30, 1969, P.L. 91-173, title V, sec. 504, 83 Stat. 801; amended
August 13, 1981, P.L. 97-35, title XIX, sec. 1913(b), 95 Stat. 780.

(d) Loans may also be made or guaranteed for the purposes set forth in
section 7(b)(5) of the Small Business Act, as amended pursuant to the provisions
of section 202 of the Public Works and Economic Development Act of 1965, as
amended.

(15 U.S.C. 636 nt) EnactedJuly 18, 1958, P.L. 85-536, sec. 2[7], 72 Stat. 387; amendedDecember 30, 1969, P.L. 91-173, title V, sec. 504, 83 Stat. 801.



INSPECTORS; QUALIFICATIONS; TRAINING



SEC. 505. 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.

(30 U.S.C. 954) Enacted December 30, 1969, P.L. 91-173, title V, sec. 505, 83 Stat. 802; amended November
9, 1977, P.L. 95-164, title III, sec. 303(d), 91 Stat. 1320.



EFFECT ON STATE LAWS



SEC. 506. (a) No State law in effect on the date of enactment of this Act 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 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, 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.



(30 U.S.C. 955) Enacted December 30, 1969, P.L. 91-173, title V, sec. 506, 83 Stat. 803; amended November
9, 1977, P.L. 95-164, title III, sec. 303(e), 91 Stat. 1321.

ADMINISTRATIVE PROCEDURES



SEC. 507. 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.

(30 U.S.C. 956) Enacted December 30, 1969, P.L. 91-173, title V, sec. 507, 83 Stat. 803.



REGULATIONS



SEC. 508. The Secretary, the Secretary of Health, Education, and Welfare,
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.

(30 U.S.C. 957) Enacted December 30, 1969, P.L. 91-173, title V, sec. 508, 83 Stat. 803; amended January 25,
1994, P.L. 103-296, title I, sec. 108(i)(5), 108 Stat. 1488.



OPERATIVE DATE AND REPEAL



SEC. 509. 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.

(30 U.S.C. 801 nt) Enacted December 30, 1969, P.L. 91-173, sec. 2, 83 Stat. 742.



SEPARABILITY



SEC. 510. 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.

(30 U.S.C. 801 nt) Enacted December 30, 1969, P.L. 91-173, sec. 2, 83 Stat. 742.



REPORTS

SEC. 511. (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]

(30 U.S.C. 958) Enacted December 30, 1969, P.L. 91-173, title V, sec. 511, 83 Stat. 803; amended November
9, 1977, P.L. 95-164, title III, sec. 303(f), 91 Stat. 1321; October 19, 1980, P.L. 96-470, title I, sec. 106(f), 94
Stat. 2238.



SPECIAL REPORT



SEC. 512. (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.

(30 U.S.C. 959) Enacted December 30, 1969, P.L. 91-173, title V, sec. 512, 83 Stat. 804; amended November
9, 1977, P.L. 95-164, title III, sec. 303(g), 91 Stat. 1321.



JURISDICTION; LIMITATION



SEC. 513. 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.

(30 U.S.C. 960) Enacted December 30, 1969, P.L. 91-173, title V, sec. 513, 83 Stat. 804.

TECHNICAL STUDY PANEL

SEC. 514.(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

(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.

(30 U.S.C. 963) P.L. 91-173, added June 15, 2006, P.L. 109-236, sec. 11, 120 Stat. 501.

SCHOLARSHIPS

SEC. 515.(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 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 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 ormining-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.

(30 U.S.C. 964) P.L. 91-173; added June 15, 2006, P.L. 109-236, sec. 12, 120 Stat. 502.



ADDENDUMMISCELLANEOUS PROVISIONS OF THE “FEDERAL MINE SAFETY AND
HEALTH AMENDMENTS ACT OF 1977”



TRANSFER MATTERS



SEC. 301. (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, the functions of the Secretary of the Interior under the
Federal Coal Mine Health and Safety Act of 1969, as amended, and the Federal
Metal and Nonmetallic Mine Safety Act 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, 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 and
standards and regulations under the Federal Coal Mine Health and Safety Act of
1969 which are in effect on the date of enactment of this Act 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 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, 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 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 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 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 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

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.

(30 U.S.C. 961) Enacted November 9, 1977, P.L. 95-164, title III, sec. 301, 91 Stat. 1317; amended July 25,
1979, P.L. 96-38, title I, sec. 100, 93 Stat. 111.



MINE SAFETY AND HEALTH ADMINISTRATION



SEC. 302. (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 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
through the Mine Safety and Health Administration.

(30 U.S.C. 557a) P.L. 91-173; addedNovember 9, 1977, P.L. 95-164, title III, sec.
302(a), 91 Stat. 1319.

(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.”.

(5 U.S.C. 5315) Enacted September 6, 1966, P.L. 89-554, 80 Stat. 461; amendedNovember 9, 1977, P.L. 95-164, title III, sec. 302(b), 91 Stat. 1319.

(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.”.

(5 U.S.C. 5314)Enacted September 6, 1966, P.L. 89-554, 80 Stat. 460; amendedNovember 9, 1977, P.L. 95-164, title III, sec. 302(c)(1), 91 Stat. 1320.

(d) 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.

(30 U.S.C. 823a) P.L. 91-173; addedNovember 9, 1977, P.L. 95-164, title III, sec.
302(d), 91 Stat. 1320.



SAVINGS PROVISION



SEC. 304. 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 and the Federal Metal and
Nonmetallic Mine Safety Act 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.

(30 U.S.C. 954 nt) P.L. 91-173; addedNovember 9, 1977, P.L. 95-164, title III, sec. 304, 91 Stat. 1321.



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), 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 and for occupational safety and health pursuant to the Occupational Safety
and Health Act of 1970.

(31 U.S.C. 1105(a)(23)) P.L. 91-173; addedNovember 9, 1977, P.L. 95-164, title III, sec. 305, 91 Stat. 1322;
amended September 13, 1982, P.L. 97-258, sec. 1, 96 Stat. 877.



REPEALER



SEC. 306. (a) The Federal Metal and Nonmetallic Mine Safety Act is
repealed.



(30 U.S.C. 721-740) Enacted September 16, 1966, P.L. 89-577, sec. 2-21, 80 Stat. 772-84; repealedNovember 9, 1977, P.L. 95-164, title III, sec. 306(a), 91 Stat. 1322.

(b) Section 405 of the Act of November 16, 1973, Public Law 93-153 is
repealed.

(43 U.S.C. 1456a) Enacted November 16, 1973, P.L. 93-153, title IV, sec. 405, 87 Stat.
590; repealedNovember 9, 1977, P.L. 95-164, title III, sec. 306(b), 91 Stat. 1322.



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. 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.



(30 U.S.C. 801 nt) P.L. 91-173; addedNovember 9, 1977, P.L. 95-164, title III, sec. 307, 91 Stat. 1322.