References in this Act to the Secretary of Health, Education, and Welfare are deemed to refer to the Secretary 1

of Health and Human Services pursuant to section 509(b) of the Department of Education Organization Act (20

U.S.C. 3508(b); 93 Stat. 695).

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

1

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,
 Section 5115(c) of P.L. 100-418, 102 Stat. 1433, August 23, 1988, provides that the Bureau of Standards is 1

designated and shall hereafter be known as the National Institute of Standards and Technology.

 Section 10(b) of P.L. 102–285, 106 Stat. 172, May 18, 1992, provides that the Bureau of Mines is designated 2

and shall hereafter be known as the United States Bureau of Mines.

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 1

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 2

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, crossreferenced 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
 So in original. Probably should be “decree”.

1

shall be exclusive and its judgment and degree shall be final, except that the 1

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
 Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 1

2461 nt., as amended by the Debt Collection Improvement Act of 1996, P.L. 104-134,

title III, sec. 31001(s), 110 Stat. 1321 (Apr. 26, 1996), civil monetary penalties assessed

under the Mine Act are reviewed and, as warranted, adjusted (through rulemaking) based

on inflation at least every four years.

 See note 1 supra. 2

penalty shall not be more than $50,000 [currently $70,000] for each such 1

violation. Each occurrence of a violation of a mandatory health or safety

standard may constitute a separate offense.

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

notification to the Secretary as required under 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] for 2

each day during which such failure or violation continues. (2) Violations under

this section that are deemed to be flagrant may be assessed a civil penalty of not

more than $220,000. For purposes of the preceding sentence, the term “flagrant”

with respect to a violation means a reckless or repeated failure to make

reasonable efforts to eliminate a known violation of a mandatory health or safety

standard that substantially and proximately caused, or reasonably could have

been expected to cause, death or serious bodily injury.

(c) Whenever a corporate operator violates a mandatory health or safety

standard or knowingly violates or fails or refuses to comply with any order

issued under this Act or any order incorporated in a final decision issued under

this Act, except an order incorporated in a decision issued under subsection (a)

or section 105(c), 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
 See note 1 supra on preceding page.

3

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] for each occurrence of such 3

violation.

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

delivers in commerce any equipment for use in a coal or other mine, including,

but not limited to, components and accessories of such equipment, which is

represented as complying with the provisions of this Act, or with any

specification or regulation of the Secretary applicable to such equipment, and

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

and imprisonment that may be imposed upon a person under subsection (f) of

this section.

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

provided in this Act. In assessing civil monetary penalties, the Commission shall

consider the operator’s history of previous violations, the appropriateness of

such penalty to the size of the business of the operator charged, whether the

operator was negligent, the effect on the operator’s ability to continue in

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

person charged in attempting to achieve rapid compliance after notification of a

violation. In proposing civil penalties under this Act, the Secretary may rely

upon a summary review of the information available to him and shall not be

required to make findings of fact concerning the above factors.

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

deposit into the Treasury of the United States and shall accrue to the United

States and may be recovered in a civil action in the name of the United States

brought in the United States district court for the district where the violation
occurred or where the operator has its principal office. Interest at the rate of 8

percent per annum shall be charged against a person on any final order of the

Commission, or the court. Interest shall begin to accrue 30 days after the

issuance of such order.

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

under section 105(a) 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
 Section 102 of the Reorganization Plan No. 2 of 1978, effective January 1, 1979, 43 1

F.R. 36037, 93 Stat. 3783, transferred functions vested by statute in the Civil Service

Commission to the Director of the Office of Personnel Management. 

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

1

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, added November 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 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 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, added November 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, added June 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 highvoltage 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 mediumvoltage 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 selfcontained 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 preaccident, 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 selfrescuers 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 wellbeing 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)) Enacted July 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)) Enacted July 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; June 4, 1976, P.L. 94-

305, title I, sec. 114, 90 Stat. 667.

[(c) REPEALED]

(15 U.S.C. 633(c)(1)) Enacted July 18, 1958, P.L. 85-536, sec. 2[4], 72 Stat. 384;

amended December 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) Enacted July 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.

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
 So in original. Probably should be “the Health”. 1

engineering, environmental engineering, industrial hygiene, occupational

health and safety, geology, chemistry, or other fields of study related to mine

safety and health work. 

(3) ELIGIBILITY.—To be eligible to receive a scholarship under this

subsection an individual shall —

(A) have a bachelor’s degree or equivalent from an accredited 4-year

institution;

(B) have at least 5 years experience in full-time employment in

underground mining or mining-related activities; and

(C) submit to the Secretary an application at such time, in such

manner, and containing such information.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated such sums as may be necessary to carry out this section.

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

ADDENDUM 

MISCELLANEOUS 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 1

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
 So in original. Probably should be “office”. 1

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. 1

(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; added November 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; amended

November 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; amended

November 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; added November 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; added November 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; added November 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; repealed November 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; repealed November 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; added November 9, 1977, P.L. 95-164, title III, sec. 307, 91 Stat. 1322.