Federal Mine Safety and Health Amendments Act
PL 95-164 (S.717), enacted 11/09/1977

91 STAT. 1290 
PUBLIC LAW 95-164—NOV. 9, 1977 
Public Law 95-164 
95th Congress 
Nov. 9, 1977 
[S. 717] 
Federal Mine 
Safety and Health 
Amendments Act 
of 1977. 
30 use 801 note. 
30 use 801 note. 
30 use 801. 
30 use 802. 
An Act 
30 use 841, 
861, 901. 
To promote safety and health in the mining industry, to prevent recurring 
disasters in the mining industry, and for other purposes. 
Be it eruicted hy the Seriate 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 Amendments Act of 
1977". 
TITLE I—AMENDMENTS TO THE GENERAL PROVISIONS 
OF THE FEDERAL COAL MINE HEALTH AND SAFETY 
ACT OF 1969 
SHORT TITLE 
SEC. 101. The first section of the Federal Coal Mine Health and 
Safety Act of 1969 is amended to read as follows: "That this Act may 
be cited as the 'Federal Mine Safety and Health Act of 1977' " 
DEFINITIONS AND APPLICABILITY 
SEC. 102. (a) (1) Section 2 of the Federal Coal Mine Health and 
Safety Act of 1969 is amended by inserting "or other" immediately 
after "coal" wherever it appears. 
(2) Section 2(g) (1) of such Act is amended by striking out "the 
Interior" and inserting in lieu thereof "Labor". 
(b) (1) Section 3(a) of such Act is amended by striking out "the 
Interior" and inserting in lieu thereof "Labor". 
(2) Section 3(d) of such Act is amended by striking the semicolon 
at the end thereof, and inserting in lieu thereof "or any independent 
contractor performing services or construction at such mine;". 
(3) Section 3(h) of such Act is amended to read as follows: 
"(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 work-
ings, 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 deter-
mination 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, 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1291 
equipment, shafts, slopes, tunnels, excavations, and other prop-
erty, 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;". 
(4) Sections 3 (d), (e), (g), and (j) of such Act are each amended 
by inserting "or other" immediately after "coal" wherever it appears. 
(5) Section 3 of such Act is amended by striking out "and" at the 
end of paragraph (1). by striking out the period at the end of para-
graph (m) and inserting in lieu thereof "; and", and by adding at the 
end thereof the following new paragraphs: 
" (n) 'Administration' means the Mine Safety and Health Adminis-
tration in the Department of Labor. 
"(o) 'Commission' means the Federal Mine Safety and Health 
Review Commission.". 
(c) Section 4 of such Act is amended by inserting "or other" imme-
diately after "coal". 
(d) Section 5(c) of such Act is amended by striking out "Labor" 
and inserting in lieu thereof "the Interior". 
30 use 802. 
30 use 803. 
30 use 804. 
TITLE II—MINE SAFETY AND HEALTH STANDARDS 
AMENDMENTS 
AMENDMENT To TITLE I 
SEC. 201. Title I of the Federal Coal Mine Health and Safety Act 
of 1969 is amended to read as follows: 
"TITLE I—GENERAL 
= - 
"MANDATORY SAFETY AND HEALTH STANDARDS 
"SEC. 101. (a) The Secretary shall by rule in accordance with proce-
dures 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 sub-
mitted 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, Educa-
tion, and Welfare, the National Institute for Occupational Safetj and 
Health, or a State or political subdivision, or on the basis of infor-
mation 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 Secre-
tary 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 Sec-
retary or the Secretary of Health, Education, and Welfare,' or other-
wise available, including the results of research, demonstrations, and 
experiments. An advisory committee shall submit to the Secretary its 
Rules. 
30 use 811. 
5 use 556, 557. 
Advisory 
committee 
recommendation, 
request. 
Information to 
advisory 
committee. 
Recommenda-
tions, submittil to 
Secretary. 
91 STAT. 1292 
PUBLIC LAW 95-164—NOV. 9, 1977 
Recommenda-
tion, referral to 
advisory 
committee. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Written 
objections, filing. 
Publication in 
Federal Register. 
Hearing. 
Witnesses and 
evidence, 
subpoena. 
Compliance 
order, petition. 
Transcript. 
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 com-
mittee pursuant to this paragraph, or publish svich 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 com-
mittee 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 pub-
lish 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 pro-
posed 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 pro-
posed in their entirety, a comparative text of the proposed changes 
m existing rules, and shall include a comprehensive index to the rules, 
cross-referenced by subject matter. 
"(3) On or before the last day of the period provided for the sub-
mission of written data or comments under paragraph (2), any inter-
ested 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 publica-
tion 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. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 12:93 
"(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 stand-
ards, and publish his reasons therefor. 
"(B) In the case of a proposed mandatory health or safety standard 
to which objections requesting a public hearing have not been filed, the 
Secretary, within 90 days after the period for filing such objections has 
expired, shall by rule promulgate, modify, or revoke such mandatory 
standards, and publish his reasons therefor. 
"(C) In the event the Secretary determines that a proposed man-
datory 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 efi^ective 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 sub-
section, shall set standards which most adequately assure on the basis 
of the best available evidence that no miner will suffer material impair-
ment 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 sub-
section 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 Secre-
tary of Health, Education, and Welfare shall submit such determina-
tions 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 regard-
ing 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 man-
datory 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 appro-
Standards. 
Toxic materials 
or harmful 
physical agents, 
standards 
development. 
Toxicity 
determination by 
HEW Secretaiy. 
Submittal to 
Interior 
Secretary. 
Criteria. 
Referral to 
advisory 
committee. 
Warning labels, 
91 STAT. 1294 
PUBLIC LAW 95-164—NOV. 9, 1977 
Protective 
equipment and 
control 
procedures. 
Medical 
examinations or 
tests. 
Results, 
disclosure. 
Surface mining 
construction, 
separate 
standards. 
Emergency 
temporary 
standard. 
5 u s e 500. 
Proceeding. 
Standard, 
promulgation. 
Standards 
modification, 
petition. 
priate 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 tech-
nological procedures to be used in connection with such hazards and 
shall provide for monitoring or measuring miner exposure at such loca-
tions and intervals, and in such manner so as to assure the maximum 
protection of miners. In addition, where appropriate, any such manda-
tory standard shall prescribe the type and frequency of medical exam-
inations 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 coivered 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 com-
pensation 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 preced-
ing sentence, increases in wages of the transferred miner shall be based 
upon the new work classification. In the event such medical examina-
tions 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 sep-
arate mandatory health or safety standards applicable to mine con-
struction 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 require-
ments of chapter 5, title 5, United States Code, for an emergency tem-
porary mandatory health or safety standard to take immediate effect 
upon publication in the Federal Register if he determines (A) that 
miners are exposed to grave danger from exposure to substances or 
agents determined to be toxic or physically harmful, or to other haz-
ards, 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 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1295 
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 diminu-
tion of safety to the miners in such mine. Upon receipt of such petition 
the Secretary shall publish notice thereof and give notice to the opera-
tor 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 sub-
ject 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 con-
sidered by the court, unless the failure or neglect to urge such objection 
shall be excused for good cause shown. The validity of any mandatory 
health or safety standard shall not be subject to challenge on the 
grounds that any of the time limitations in this section have been 
exceeded. The procedures of this subsection shall be the exclusive means 
of challenging the validity of a mandatory health or safety standard. 
"(e) The Secretary shall send a copy of every proposed mandatory 
health or safety standard or regulation at the time of publication in 
the Federal Register to the operator of each coal or other mine and 
the representative of the miners at such mine and such copy shall be 
immediately posted on the bulletin board of the mine by the operator 
or his agent, but failure to receive such notice shall not relieve anyone 
of the obligation to comply with such standard or regulation. 
"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 
Notice, 
publication. 
Investigation. 
Public hearing. 
Findings, 
availability to 
public. 
Decision, copy, 
Mandatory 
standard validity, 
challenge. 
Petition. 
Proposed 
standard, copies. 
Appointment. 
Membership. 
30 u s e 812. 
91 STAT. 1296 
PUBLIC LAW 95-164—NOV. 9, 1977 
Chairman. 
Duties. 
Conflict of 
interest. 
Membership. 
,ifttr 
Chairman. 
Duties. 
Conflict of 
interest. 
Other advisory 
committees, 
appointment. 
Conflict of 
interest. 
"(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 recom-
mendations 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 recom-
mendations 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 pur-
suant to paragraph (1) (D) shall be individuals who have no economic 
interests in the coal or other mining industry, and who are not opera-
tors, 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 appro-
priate 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 advi-
sory committee appointed pursuant to this subsection shall be composed 
of individuals who have no economic interests in the coal or other min-
ing industry, and who are not operators, miners, or officers or employees 
of the Federal Government or any State or local government. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1297 
"(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 appro-
priate Secretary but not in excess of the maximum rate of pay for 
grade GS-18 as provided in the General Schedule under section 5332 
of title 5 of the United States Code, and shall, notwithstanding the 
limitations of sections 5703 and 5704 of title 5 of the United States 
Code, be fully reimbursed for travel, subsistence, and related expenses. 
(( 
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING 
"SEC. 103, (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 ful-
filling his responsibilities under this Act, or any authorized represent-
ative 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 admin-
ister oaths. Witnesses summoned shall be paid the same fees and mile-
age that are paid witnesses in the courts of the United States. In case 
of contumacy or refusal to obey a subpoena served upon anj^ person 
under this section, the district court of the United States for any dis-
trict 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 pro-
duce 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. 
Compensation 
and expenses. 
5 use 5332 
note. 
30 use 813. 
Advance notice. 
Additional 
inspections, 
guidelines. 
Interior Dept. 
and HEW, right 
of entry to mines. 
Notice and 
hearing. 
Subpoenas. 
Witnesses fees. 
Violation, notice. 
Punishment. 
91 STAT. 1298 
PUBLIC LAW 95-164—NOV. 9, 1977 
Employee 
exposures, 
recordkeeping 
regulatons. 
Records, access. 
Undue exposure, 
notification. 
30 use 841. 
Accident 
investigations. 
Records, 
availability. 
Report to 
Secretary. 
Inspections. 
Immediate 
inspections. 
Violation or 
danger, notice to 
Secretary. 
"(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 representa-
tive 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 Secre-
tary, but at least annually. 
(e) Any information obtained by the Secretary or by the Secre-
tary 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 repre-
sentative, 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 Secre-
tary 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 participa-
tion 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 repersentative of the miners or a miner in 
the case of a coal or other mine where there is no such representa-
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1299 
tive has reasonable grounds to believe that a violation o,f tliis 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 viola-
tion or danger exists in accordance with the provisions of this title. 
If the Secretary determines that a violation or danger does not exist, 
he shall notify the miner or representative of the miners in writing 
of such determination. 
"(2) Prior to or during any inspection of a coal or other mine, any 
representative of miners or a miner in the case of a coal or other mine 
where there is no such representative, may notify the Secretary or any 
representative of the Secretary responsible for conducting the inspec-
tion, 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 sucli 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 main-
tain 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 liber-
ates 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 mini-
mum of one spot inspection by his authorized representative of all or 
part of such mine during every five working days at irregular inter-
vals. 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 mme 
liberates more than five hundred thousand cubic feet of methane or 
Copies and 
notification. 
Special 
inspection. 
Notification. 
Violations or 
clanger, notice to 
Secretary. 
Informal review 
procedures, 
regulations. 
Records and 
reports, 
maintenance. 
Compilation and 
publication. 
Availability to 
public. 
Spot inspections. 
"Liberation of 
excessive 
quantities of 
methane or other 
explosive gases." 
91 STAT. 1300 
PUBLIC LAW 95-164—NOV. 9, 1977 
Accidents, 
notification. 
Evidence. 
Rescue and 
recovery 
activities. 
Safety orders. 
Recovery plan, 
approval. 
Consultation. 
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. 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 representa-
tive of the Secretary shall take whatever action he deems appropriate 
to protect the life of any person, and he may, if he deems it appro-
priate, 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 use 814. 
•{UH'M: 
Follow-up 
inspection, 
findings. 
" 
' 
' ^ 
"CITATIONS AND ORDERS 
' ' 
' 
"SEC. 104. (a) If, upon inspection or investigation, the Secretary or 
liis 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 pur-
suant to this Act, he shall, with reasonable promptness, issue a cita-
tion 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 rea-
sonable 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. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1301 
Violations, 
findings. 
Withdrawal 
orders. 
" (c) The following persons shall not be required to be withdrawn Exempt persons 
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 minie 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 author-
ized representative of the Secretary finds that there has been a viola-
tion of any mandatory health or safety standard, and if he also finds 
that, while the conditions created by such violation do not cause immi-
nent danger, such violation is of such nature as could significantly and 
substantially contribute to the cause and effect of a coal or othet 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 manda-
tory 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 unwarrant-
able 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 Secre-
tary 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 inspec-
tion of such mine discloses no similar violations. Following an inspec-
tion 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 sucn 
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 j upon any inspec-
tion 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 requir-
ing 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 
Pattern of 
violations, notice. 
Withdrawal 
order. 
91 STAT. 1302 
PUBLIC LAW 95-164—NOV. 9, 1977 
Pattern of 
violations, 
criteria, rules. 
Respirable dust 
concentrations. 
Violations, 
citation, issuance. 
30 use 842. 
Samples. 
Withdrawal 
orders. 
Dust control 
person or team. 
Untrained miner, 
withdrawal, 
order. 
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 man-
datory health or safety standards that could significantly and sub-
stantially 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 man-
datory 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 author-
ized representative of the Secretary, the applicable limit on the con-
centration of respirable dust required to be maintained under this Act 
is exceeded and thereby violated, the Secretary or his authorized rep-
resentative shall issue a citation fixing a reasonable time for the abate-
ment 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 Sec-
retary 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 requir-
ing 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 dis-
patch 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 investis:ation pursuant to sec-
tion 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 PS determined under section 11.5 of this Act, 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1303 
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 with-
drawn from the coal or other mine, and be prohibited from entering 
such mine until an authorized representative of the Secretary deter-
mines 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 with-
drawn 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. 
Withdrawn 
miner, non-
discrimination. 
a 
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 reason-
able time after the termination of such insjjection 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 assess-
ment 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. Kefusal 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 rep-
resentative of the mine employees. If, within 30 days from the receipt 
of notification of proposed assessment of penalty issued by the Secre-
tary, the operator fails to notify the Secretary that he intends to con-
test 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. Kefusal by the operator or his agent to 
accept certified mail containing a notification of proposed assessment 
Penalty, citation 
or order, 
notification. 
Contestation. 
30 use 815. 
Copy. 
Violation 
correction, 
failure. 
Notification. 
Copy. 
91 STAT. 1304 
PUBLIC LAW 95-164—NOV. 9, 1977 
Penalty 
determination. 
Temporary relief 
request, flling. 
Hearing. 
Discrimination or 
interference, 
prohibition. 
Complaint, filing. 
Copy. 
Investigation. 
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 his-
tory 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 condi-
tions 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, representa-
tive of miners or applicant for employment has filed or made a com-
plaint 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 vio-
lation in a coal or other mine, or because such miner, representative of 
miners or applicant for employment is the subject of medical evalua-
tions and potential transfer under a standard published pursuant to 
section 101 or because such miner, representative of miners or appli-
cant for employment has instituted or caused to be instituted any pro-
.ceeding 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 sub-
section 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 com-
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1305 
plaint. 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 subsec-
tion to take such affirmative action to abate the violation as the Com-
mission 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 his paragraph. 
"(3) Within 90 days of the receipt of a complaint filed imder para-
graph (2), the Secretary shall notify, in writing, the miner, appli-
cant 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 vio-
lated, the complainant shall have the right, within 30 days of notice of 
the Secretary's determination, to file an action in his own behalf before 
the Commission, charging discrimination or interference in viola-
tion 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 sus-
tained, granting such relief as it deems appropriate, including, but not 
limited to, an order requiring the rehiring or reinstatement of the 
miner to his former position with back pay and interest or such remedy 
as may be appropriate. Such order shall become final 30 days after its 
issuance. "Whenever an order is issued sustaining the complainant's 
charges under this subsection, a sum equal to the aggregate amount 
of all costs and expenses (including attorney's fees) as determined by 
the Commission to have been reasonably incurred by the miner, appli-
cant 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 Com-
mission. 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 subsec-
tion (a) or (b) of this section, or the reasonableness of the length of 
abatement time fixed in a citation or modification thereof issued 
under section 104, or any miner or representative of miners notifies 
the Secretary of an intention to contest the issuance, modification, or 
termination of any order issued under section 104, or the reasonable-
Complaint, filing 
with Commission. 
Hearing. 
Findings, order. 
Relief. 
Violations. 
Determination, 
notification. 
Hearing. 
-• 
Findings, order. 
Relief. 
Proceedings 
expenses, 
assessment. 
Judicial review. 
Contestations, 
advisement to 
Commission. 
Hearing. 
Findings, order. 
Relief. 
91 STAT. 1306 
PUBLIC LAW 95-164—NOV. 9, 1977 
Participation!, 
procedures. 
ness of the length of time set for abatement by a citation or modifica-
tion thereof issued under section 104, the Secretary shall immediately 
advise the Commission of such notification, and the Commission shall 
afford an opportunity for a hearin;^ (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 pro-
cedure 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 what-
ever action is necessary to expedite proceedings for hearing appeals 
of orders issued under section 104. 
u 
Petition, filing. 
30 use 816. 
Copy. 
Jurisdiction. 
Findings. 
Modified or new 
findings, filing. 
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 j)ower 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 substan-
tial 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 addi-
tional evidence is material and that there were reasonable grounds for 
the failure to adduce such evidence in the hearing before the Com-
mission, the court may order such additional evidence to be taken 
before the Commission and to be made a part of the record. The Com-
mission 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 find,ings, which findings with respect to questions 
of fact, if supported by substantial evidence on the record considered 
as a whole, shall be conclusive. The Commission may modify or set 
aside its original order by reason of such modified or new findings of 
fact. Upon the filing of the record after such remand proceedings, 
the jurisdiction of the court shall be exclusive and its judgment 
and degree shall be final, except that the same shall be subject to 
review by the Supreme Court of the United States, as provided in sec-
tion 1254 of title 28, United States Code. Petitions filed under this sub-
section shall be heard expeditiously. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1307 
"(2) In the case of a proceeding to review any order or decision Temporary relief, 
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 Notice and 
an opportunity to be heard on a request for temporary relief; hearing. 
"(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 Temporary relief, 
issued by the Panel under this Act, the court may, under such condi-
tions 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 Notice and 
an opportunity to be heard on a request for temporary relief; hearing. 
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 Petition for relief, 
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 Enforcement 
any such case, as well as in the case of a noncontested citation or notifi- decree, 
cation by the Secretary which has become a final order of the Commis- *
^
°
P
y
-
sion 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 Commisssion or the Panel. 
(( 
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 representa-
tive 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 
Withdrawal 
order. 
30 use 817. 
91 STAT. 1308 
PUBLIC LAW 95-164—NOV. 9, 1977 
.-V.^:' 
Notice to mine 
operators. 
Copy, filing. 
Further 
investigation. 
Public hearing. 
Findings, 
decision. 
Orders, contents. 
Relief from 
orders, 
application. 
Hearing. 
-
Order. 
(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 author-
ized 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 exist-
ing technolo^, 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 through-
out which such conditions exist, and thereupon issue a notice to the 
operator of the mine or his a^ent of such conditions, and shall file a 
copy thereof, incorporating his findings therein, with the Secretary 
and with the representative of the miners of such mine. Upon receipt 
of such copy, the Secretary shall cause such further investigation to 
be made as he deems appropriate, including an opportunity for the 
operator or a representative of the miners to present information 
relating to such notice. 
" (2) Upon the conclusion of an investigation pursuant to paragraph 
(1), and an opportunity for a public hearing upon request by any inter-
ested party, the Secretary shall make findings of fact, and shall by 
decision incorporating such findings therein, either cancel the notice 
issued under this subsection or issue an order requiring the operator of 
such mine to cause all persons in the area affected, except those persons 
leferred 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 pre-
sent their views, determines that such conditions have been abated. Any 
hearing under this paragraph shall be of record and shall be subject to 
section 554 of title 5 of the United States Code. 
"(c) Orders issued pursuant to subsection (a) shall contain a 
detailed description of the conditions or practices which cause and 
constitute an imminent danger and a description of the area of the 
coal or other mine from which persons must be withdrawn and pro-
hibited 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 Secre-
tary, 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 ter-
mination 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 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1309 
thereafter shall issue an order, based upon findings of fact, vacating, 
affirming, modifying, or terminating the Secretary's order. The Com-
mission and the courts may not grant temporary relief from the issu-
ance of any order under subsection (a). 
"(2) The Commission shall take whatever action is necessary to 
expedite proceedings under this subsection. 
"INJUNCTIONS 
"SEC. 108. (a)(1) The Secretary may institute a civil action for 30 USC 818. 
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 
Avhich 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, 
"(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 
,., o
r
f , .M 
mine, 
"(D) re 
fuses to permit the inspection of the coal or other mine, 
or the investigation of an accident or occupational disease occur-
ring 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 Wel-
fare 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 Wel-
fare 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 pat- 
., 
- 
<._ -
tern 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 Eules of Civil Proce-
dure, as amended, except that the time limit in such orders, when 28 USC app. 
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 con-
tinue in effect until the completion or final termination of all proceed-
ings 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 
91 STAT. 1310 
PUBLIC LAW 95-164--NOV. 9, 1977 
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. 
Mine office. 
30 use 819. 
Bulletin board, 
maintenance. 
Distribution. 
Availability for 
public inspection. 
Compliance. 
Mine operators, 
filing. 
Health and safety 
officers, 
mation. 
"POSTING o r 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 
f
)ublic official or agency of the State charged with administering State 
aws, 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 representa-
tive of the Secretary may deliver such notice, order, citation, or deci-
sion 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 prin-
cipal 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 affect-
ing 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. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1311 
li PENALTIES 
"SEC. 110. (a) The operator of a coal or other mine in which a viola- 30 USC 820. 
tion occurs of a mandatory health or safety standard or who violates 
any other provision of this Act, shall be assessed a civil penalty by the 
Secretary which penalty shall not be more than $10,000 for each such 
violation. Each occurrence of a violation of a mandatory health or 
safety standard may constitute a separate offense. 
"(b) Any operator who fails to correct a violation for which a cita-
tion has been issued under section 104(a) within the period permitted 
for its correction may be assessed a civil penalty of not more than 
$1,000 for each day during which such failure or violation continues. 
"(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 sub-
ject to the same civil penalties, fines, and imprisonment that may be 
imposed upon a person under subsections (a) and (d). 
"(d) Any operator who willfully violates a mandatory health or 
safety standard, or knowingly violates or fails or refuses to comply 
with any order issued under section 104 and section 107, or any order 
, 
incorporated in a final decision issued under this title, except an order 
"' 
incorporated in a decision under subsection (a) or section 105 (c), shall, 
upon conviction, be punished by a fine of not more than $25,000, 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 $50,000, 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 docu-
ment filed 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 stand-
ards relating to smoking or the carrying of smoking materials, matches, 
or lighters shall be subject to a civil penalty assessed by the Commis-
sion, which penalty shall not be more than $250 for each occurrence of 
such violation. 
"(h) Whoever knowingly distributes, sells, offers for sale, intro-
duces, 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 appli-
cable 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 Assessment 
provided in this Act. In assessing civil monetary penalties, the Com- authority, 
mission shall consider the operator's history of previous violations, 
91 STAT. 1312 
PUBLIC LAW 95-164—NOV. 9, 1977 
the appropriateness of such penalty to the size of the business of the 
'/2? :WJ 
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 
Summary review, to achieve rapid compliance after notification of a violation. In pro-
posing 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. 
Payment. 
"(j) Civil penalties owed under this Act shall be paid to the Secre-
tary 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 oper-
Interest rate. 
ator 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 Commis-
sion, 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 Com-
mission under section 105(a) shall be compromised, mitigated, or 
settled except with the approval of the Commission. No penalty assess-
ment which has become a final order of the Commission shall be com-
promised, mitigated, or settled except with the approval of the court. 
"(1) The provisions of this section shall not be applicable with 
30 use 901. 
respect to title IV of this Act. 
Compensation. 
30 use 821. 
Public hearing. 
u 
Complaint, filing. 
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 clos-
ing, or for one week, whichever is the lesser. Whenever an operator 
violates or fails or refuses to comply with any order issued under sec-
tion 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 representa-
tive and after opportunity for hearmg subject to section 554 of title 5, 
United States Code. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1313 
'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 Solic-
itor of Labor may appear for and represent the Secretary in any civil 
litigation brought under this Act but all such litigation shall be sub-
ject to the direction and control of the Attorney General. 
"THE FEDERAL, MINE SAFETY AND HEALTH REVIEW COMMISSION 
"SEC. 113. (a) The Federal Mine Safety and Health Keview Com-
mission is hereby established. The Commission shall consist of five 
members, appointed by the President by and with the advice and con-
sent of the Senate, from among persons who by reason of training, edu-
cation, 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 Amend-
ments 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 Commis-
sion 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 I I I of chapter 53 of title 5, United States Code, relat-
ing to classification and general pay rates. Upon the effective date of 
the Federal Mine Safety and Health Amendments Act of 1977, the 
administrative law judges assigned to the Arlington, Virginia, facility 
of the Office of Hearings and Appeals, United States Department of 
the Interior, shall be automatically transferred in grade and position 
to the Federal Mine Safety and Health Review Commission. Notwith-
standing 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 Commis-
sion. The Commission shall appoint such additional administrative law 
judges as it deems necessary to carry out the functions of the Commis-
Litigation. 
30 use 822. 
Establishment. 
30 use 823. 
Membership. 
ehairman. 
Term. 
Vacancies. 
Administrative 
operations. 
5 u s e 5101, 
5331. 
Administrative 
law judges, 
transfers. 
Appointments. 
91 STAT. 1314 
PUBLIC LAW 95-164—NOV. 9, 1977 
Compensation. 
Delegation of 
powers. 
Proceedings, 
disposition. 
Review of 
decisions, rules of 
procedure. 
Discretionary 
review petition, 
filing. 
sion. 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 Com-
mission, and shall make a decision which constitutes his final disposi-
tion 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. 
"(Ill) The decision is contrary to law or to the duly promul-
gated 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 Commis-
sion shall be granted only by affirmative vote of two of the Commis-
sioners 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 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1315 
Record, contents. 
in such review proceedings except in compliance with the requirements 
of this paragraph. 
"(C) For the purpose of review by the Commission under para-
graph (A) or (B) of this subsection, the record shall include: (i) all 
matters constituting the record upon which the decision of the admin-
istrative 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 admin-
istrative 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 administra-
tive 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 wit- Compensation 
nesses in the courts of the United States and at depositions ordered by 
such courts. In case of contumacy, failure, or refusal of any person Subpoenas, 
to obey a subpoena or order of the Commission or an administrative 
law judge, respectively, to appear, to testify, or to produce documen-
tary or physical evidence, any district court of the United States or the 
United States courts of any territory or possession, within the jurisdic-
tion of which such person is found, or resides, or transacts business, 
= 
shall, upon the application of the Commission, or the administrative 
law judge, respectively, have jurisdiction to issue to such person an 
order requiring such person to appear, to testify, or to produce evidence 
as ordered by the Commission or the administrative law judge, respec-
tively, and any failure to obey such order of the court may be punished 
by the court as a contempt thereof. 
Witnesses and 
evidence. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 114. There are authorized to be appropriated, out of any 30 USC 824. 
moneys in the Treasury not otherwise appropriated, such sums as may 
be necessary to carry out the provisions of this title. 
MANDATORY HEALTH AND SAFETY TRAINING 
"SEC. 115. (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 
Program, 
approval by 
Secretary. 
30 USC 825. 
Regulations. 
91 STAT. 1316 
PUBLIC LAW 95-164—NOV. 9, 1977 
Underground 
training. 
Surface training. 
Refresher 
training. 
Training 
compensation. 
Training 
certificate. 
Maintenance and 
inspection, copy. 
Falsification, 
punishment. 
after the effective date of the Federal Mine Safety and Health Amend-
ments 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 statu-
tory 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 pro-
cedures, 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 statu-
tory 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 w^ork experience shall receive training in accord-
ance 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 j)aid 
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 loca-
tion other than the normal place of work, miners shall also be com-
pensated 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. 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1317 
"(d) The Secretary shall promulgate appropriate standards for 
safety and health training for coal or other mine construction workers. 
"(e) 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 under-
ground 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.". 
AMENDMENTS WITH RESPECT TO INTERIM MANDATORY HEALTH STANDARDS 
SEC. 202. (a) Section 202(e) of the Federal Coal Mine Health and 
Safety Act of 1969 is amended to read as follows: 
"(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, Edu-
cation, and Welfare.". 
(b) Section 318(k) of the Federal Coal Mine Health and Safety 
Act of 1969 is repealed. 
Standards. 
Proposed 
regulations, 
publication. 
Dust 
concentrations. 
30 use 842. 
Repeal. 
30 use 878. 
AMENDMENTS WITH RESPECT TO INTERIM MANDATORY SAFETY STANDARDS 
FOR UNDERGROUND COAL MINES 
SEC. 203. (a) Title III of the Federal Coal Mine Health and Safety 
Act of 1969 is amended by inserting "of the Interior in coordination 
with the Secretary" after "Secretary" in section 301 (b). 
(b) Subsections (c) and (d) of section 301 of such Act are repealed. 
TITLE III—MISCELLANEOUS PEOVISIONS 
30 use 861. 
Repeals. 
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. 
(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 stand-
ards 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 
30 use 961. 
30 use 951. 
30 u s e 801 note. 
30 u s e 721 note. 
Advisory 
committees, 
establishment, 
eonsultation. 
Review and 
recommenda-
tions. 
30 u s e 812. 
91 STAT. 1318 
PUBLIC LAW 95-164—NOV. 9, 1977 
Transfer of 
functions. 
* 
the Interior under the Federal Metal and Nonmetallic Mine Safety 
Act and recommend to the Secretary of Labor which of those stand-
ards (or any modifications of such standards which do not substan-
tially diminish the health and safety of miners) should be 
Standards, 
promulgated as mandatory health or safety standards. The Secretary 
publication in 
of Labor shall publish, within 60 days after any recommendations of 
Federal Register, ^j^^ advisory committee under this paragraph, each of the standards 
so recommended for adoption with or without modifications as a pro-
posed mandatory health or safety standard under this section by 
publication of such standard in the Federal Kegister, 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 com-
ment period specified in the preceding sentence, the Secretary of 
Labor shall promulgate by publication in the Federal Kegister man-
datory health or safety standards based upon the advisory com-
mittee 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, prop-
erty, records, obligations, and commitments which are used primarily 
with respect to any functions transferred under the provisions of sub-
section (a) to the Secretary of Labor shall be transferred to the 
Department of Labor or the Commission, as appropriate. The trans-
fer of personnel pursuant to this paragraph shall be without reduc-
tion 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. 
Savings 
(2) All orders, decisions, determinations, rules, regulations, per-
provisions. 
mits, contracts, certificates, licenses, and privileges (A) which have 
been issued, made, granted, or allowed to become effective in the exer-
cise 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 modi-
fied, terminated, superseded, set aside, revoked, or repealed by the 
Secretary of Labor, the Federal Mine Safety and Health Review Com-
mission or other authorized officials, by any court of competent juris-
diction, or by operation of law. 
(3) The provisions of this section shall not affect any proceedings 
pending at the time this section takes effect before any department, 
agency, or component thereof, functions of which are transferred by 
this section, except that such proceedings, to the extent that they relate 
to functions so transferred, shall be continued before the Secretary 
of Labor or the Federal Mine Safety and Health Review Commission. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as 
if this section had not been enacted; and orders issued in any such 
proceedings shall continue in effect until modified, terminated, super-
seded, revoked, or repealed by the Secretary of Labor, the Federal 
Mine Safety and Health Review Commission, by a court of compe-
tent 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 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1319 
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 proceed-
ings 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 enact-
ment of this section. Causes of actions, suits, actions, or other pro-
ceedings 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 pro-
visions 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 prqvi-
sion of law, of an agency or the head of a department shall also be a 
transfer of all functions under such law which are exercised by any 
officer or officer of such agency or department. 
(e) The Director of the Office of ]\Ianagement and Budget in con-
sultation with the Secretary of Labor and the Secretary of the Interior 
is authorized and directed to make such determinations as may be nec-
essary with regard to the dispositions of personnel, personnel posi-
tions, property, records, assets, liabilities, contracts, obligations, 
commitments, unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising from, avail-
able or to be made available, in connection with the functions trans-
ferred by this Act as he may deem necessary to accomplish the 
purposes of this Act. 
"Function." 
Determinations 
by 0MB Director, 
consultation. 
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 Presi-
dent, 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. 
(b) Section 5316 of title 5; United States Code, is amended by add-
ing 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.". 
Establishment. 
29 u s e 557a. 
Employees, 
duties. 
91 STAT. 1320 
PUBLIC LAW 95-164—NOV. 9, 1977 
Office locations. 
30 u s e 823a. 
(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 Keview 
Commission.". 
(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. 
Studies and 
research. 
30 use 951. 
Duties. 
Appropriation 
authorization. 
30 use 952. 
Assistance to 
States. 
30 use 953. 
Appropriation 
authorization. 
30 use 954. 
AMENDMENTS WITH RESPECT TO MINE SAFETY AND HEALTH 
' 
ADMINISTRATION 
SEC. 303. (a) (1) Section 501 of the Federal Coal Mine Health and 
Safety Act of 1969 is amended by inserting "or other" after "coal" 
wherever it appears therein, and by striking coal-mining" and insert-
ing in lieu thereof "coal or other mining" wherever it appears therein. 
(2) Section 501 (a) of the Federal Coal Mine Health and Safety Act 
of 1969 is further amended by striking "and" after the semicolon in 
paragraph (10), by redesignating paragraph (11) as paragraph (12), 
and by inserting immediately after paragraph "(10)", the following 
new paragraph: 
" (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 equip-
ment found or used in a coal or other mine has potentially haz-
ardous effects, and shall submit such determinations to both the 
operators and miners as soon as possible; and". 
(3) Section 501(b) of such Act is amended by adding after "Wel-
fare" the following: "through the National Institute for Occupational 
Safety and Health established under the Occupational Safety and 
Health Act of 1970"; and by striking out the period at the end thereof 
and substituting "of the Interior in coordination with the Secretary". 
(4) Section 501(c) is amended by inserting "of the Interior" after 
"the Secretary" each place it occurs; and by inserting "in coordination 
with the Secretary" after "and Welfare" each place it occurs. 
(5) Section 501(e) of such Act is amended by inserting after "Sec-
retary" the first time it occurs therein, "of the Interior" and by striking 
"$30,000,000" and by inserting, in lieu therof "$60,000,000". 
(6) Section 501(a) of such Act is amended by striking out "The 
Secretary and" and inserting in lieu thereof "The Secretary of the 
Interior and". 
(b) Section 502 of such Act is amended by inserting "or other" 
immediately after "coal" each time it appears therein. 
(c) (1) Section 503 of such Act is amended by inserting "or other" 
immediately after "coal" each time it appears therein, and by striking 
"Labor" and inserting in lieu thereof, "the Interior". 
(2) (A) The first sentence of section 503(h) of such Act is amended 
by deleting "$5,000,000" and by inserting in lieu thereof, "$10,000,000". 
(B) The second sentence of section 503(h) of such Act is amended 
by inserting before the period the following: ", except that no less 
than one-half of such sum shall be allocated to coal-producing States". 
(d) (1) Section 505 of such Act is amended by striking out "the 
mining of coal" and inserting in lieu thereof "in mining". 
PUBLIC LAW 95-164—NOV. 9, 1977 
91 STAT. 1321 
(2) Section 505 of such Act is further amended by striking out the 
period at the end of the second sentence thereof and inserting in lieu 
thereof ": 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.". 
(e) Section 506(b) of such Act is amended by inserting "or other" 
immediately after "coal" each time it appears therein. 
(f) Section 511 of such Act is amended by inserting "or other" imme-
diately after "coal". 
(g) Section 512 of such Act is amended by inserting "or other" 
after "coal" each time it appears therein. 
(h) Section 502 of such Act is amended by adding at the end thereof 
the following new subsection (c) : 
"(c) (1) The National Mine Health and Safety Academy shall be 
maintained as an agency of the Department of the Interior. The Acad-
emy 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 Secretaries 
of Labor and the Interior shall designate. In performing this function, 
the Academy shall have the authority to enter into cooperative educa-
tional 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 accord-
ance with curriculum needs and assignment of instructional personnel 
established by the user. 
"(2) In performing its function pursuant to this section, the 
National Mine Health and Safety Academy shall use the facilities and 
personnel of the Department of the Interior, and such other personnel 
as shall be mutually agreed upon by the Secretaries of Labor and the 
Interior. The Secretary of the Interior may appoint or assign to the 
Academy such officers and employees as he deems necessary for 
the performance of the duties and functions of the Academy. 
"(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 per-
formance of such safety related research.". 
Mine inspectors, 
qualifications and 
selection. 
Ante, p. 1320. 
30 u s e 955. 
30 u s e 958. 
30 u s e 959. 
Safety training 
; 
and educational 
programs. 
National Mine 
Health and Safety 
Academy. 
Ante, p. 1320. 
Ante, p. 1319. 
eooperative 
agreements. 
Facilities and 
personnel. 
Ante, p. 1320. 
SAVINGS PROVISION 
SEC. 304. Nothing contained in this Act or any amendment made by 30 USe 954 note, 
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 30 USe 801 note, 
effect prior to the effective date of this Act or to reduce the number of 30 USe 721 note, 
inspectors engaged in the enforcement of the Occupational Safety and 
Health Act of 1970. 
29 USe 651 note. 
91 STAT. 1322 
PUBLIC LAW 95-164—NOV. 9, 1977 
Appropriation 
accounts, 
separation. 
31 u s e 11 note. 
29 u s e 651 note. 
30 use 
721-740. 
43 u s e 1456a. 
30 u s e 801 note. 
Rules and 
regulations. 
Ante, p. 1317. 
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 pur-
suant to the Federal Mine Safety and Health Act of 1977 and for occu-
pational safety and health pursuant to the Occupational Safety and 
Health Act of 1970. 
REPEALER 
SEC. 306. (a) The Federal Metal and Nonmetallic Mine Safety Act is 
reijealed. 
(b) Section 405 of the Act of November 16, 1973, Public Law 
93-153 is repealed. 
EFFECTIVE DATE 
SEC. 307. Except as otherwise provided, this Act and the amendments 
made by this Act shall take effect 120 days after the date of enactment 
of this Act. The Secretary of Labor and the Secretary of the Interior 
are authorized to establish such rules and regulations as may be neces-
sary 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. 
Approved November 9, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-312 accompanying H.R. 4287 (eomm. on Education and 
Labor) and No. 95-655 (eomm. of eonference). 
SENATE REPORTS: No. 95-181 (eomm. on Human Resources) and No. 95-461 
(Comm. of eonference). 
eONGRESSIONAL RECORD, Vol. 123 (1977): 
June 20, 21, considered and passed Senate. 
July 14, 15, considered and passed House, amended, in lieu of H.R. 4287. 
Oct. 6, Senate agreed to conference report. 
Oct. 27, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 46: 
Nov. 9, Presidential statement.