An Act to improve the health and safety conditions of persons working in the coal mining industry of the United States
PL 91-173 (S.2917), enacted 12/30/1969

4 29 
742 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
disability insurance system for January or February 1970 resulting 
from the enactment of this title, and (2) the amount of such increase 
is paid separately from the rest of the monthly benefit of such indi-
vidual for January or February 1970. 
SEC. 1007. DISREGARDING OF INCOME OF OASDI RECIPIENTS IN 
DETERMINING NEED FOR PUBLIC ASSISTANCE. 
In addition to the requirements imposed by law as a condition of 
approval of a State plan to provide aid or assistance in the form of 
money payments to individuals under title I, X, XIV, or XVI of the 
1
2
0
^
1 "fasf° 1381 Social Security Act, there is hereby imposed the requirement (and the 
plan shall be deemed to require) that, in the case of any individual 
receiving aid or assistance for any month after March 1970 and before 
July 1970 who also receives in such month a monthly insurance benefit 
42 use 401- 
under title I I of such Act which is increased as a result of the enact-
ment of the other provisions of this title, the sum of the aid or assist-
ance received by him for such month, plus the monthly insurance 
benefit received by him in such month (not including any part of such 
42 use 1206. 
benefit which is disregarded under section 1006), shall exceed the 
sum of the aid or assistance which would have been received by him for 
such month under such plan as in effect for March 1970, plus the 
monthly insurance benefit which would have been received by him in 
such month without regard to the other provisions of this title, by an 
amount equal to $4 or (if less) to such increase in his monthly insur-
ance benefit under such title I I (whether such excess is brought about 
by disregarding a portion of such monthly insurance benefit or 
otherwise). 
Approved December 30, 1969, 9:30 a.m. 
Public Law 91-173 
n 
K 
,n io«Q 
A N 
A C T 
December 30, 1969 
[S- 2917] 
To provide for the protection of the health and safety of persons worlcing in the 
coal mining industry of the United States, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Federal Coal 
United Sttttes of America in Congress assembled. That this Act may 
Sety^lcfor'' 
be cited as the "Federal Coal Mine Health and Safety Act of 1969". 
1969. 
FINDINGS AND PURPOSE 
SEC. 2. Congress declares that— 
(a) the first priority and concern of all in the coal mining 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
743 
industry must be the health and safety of its most precious 
resource—the miner; 
(b) deaths and serious injuries from unsafe and unhealthful 
conditions and practices in the coal mines cause grief and suffer-
ing to the miners and to their families; 
(c) there is an urgent need to provide more effective means and 
measures for improving the working conditions and practices in 
the Nation's coal mines in order to prevent death and serious 
physical harm, and in order to prevent occupational diseases origi-
nating in such mines: 
(d) the existence of unsafe and unhealthful conditions and 
practices in the Nation's coal mines is a serious impediment to 
the future growth of the coal mining industry and cannot be 
tolerated ; 
(e) the operators of such mines with the assistance of the 
miners have the primary responsibility to prevent the existence 
of such conditions and practices in such mines; 
(f) the disruption of production and the loss of income to 
operators and miners as a result of coal mine accidents or occupa-
tionally caused diseases unduly impedes and burdens commerce; 
and 
(g) it is the purpose of this Act (1) to establish interim manda-
tory health and safety standards and to direct the Secretary of 
Health, Education, and Welfare and the Secretary of the Interior 
to develop and promulgate improved mandatory health or safety 
standards to protect the health and safety of the Nation's coal 
miners; (2) to require that each operator of a coal mine and 
every miner in such mine comply with such standards; (3) to 
cooperate with, and provide assistance to, the States in the devel-
opment and enforcement of effective State coal mine health and 
safety programs; and (4) to improve and expand, in coopera-
tion with the States and the coal minin^g industry, research and 
development and training programs aimed at preventing coal 
mine accidents and occupationally caused diseases in the industry. 
DEFINITIONS 
SEC. 3. For the purpose of this Act, the term— 
(a) "Secretary" means the Secretary of the Interior or his 
delegate; 
(b) "commerce" means trade, traffic, commerce, transporta-
tion, or communication among the several States, or between a 
place in a State and any place outside thereof, or within the Dis-
trict of Columbia or a possession of the United States, or between 
points in the same State but through a point outside thereof; 
744 
PUBLIC LAW 91-173-DEC. 30, 1969 
[33 STAT. 
(c) "State" includes a State of the United States, the District 
of Columbia, the Commonwealth of Puerto Kico, the Virgin 
Islands, American Samoa, Guam, and the Trust Territory of the 
Pacific Islands; 
(d) "operator" means any owner, lessee, or other person who 
operates, controls, or supervises a coal mine; 
(e) "agent" means any person charged with responsibility for 
the operation of all or a part of a coal mine or the supervision of 
the miners in a coal mine; 
(f) "person" means any individual, partnership, association, 
corporation, firm, subsidiary of a corporation, or other organiza-
tion; 
(g) "miner" means any individual working in a coal mine; 
(h) "coal mine" means an area of land and all structures, facil-
ities, machinery, tools, equipment, shafts, slopes, tunnels, excava-
tions, and other property, real or personal, placed upon, under, or 
above the surface of such land by any person, used in, or to be used 
in, or resulting from, the work of extracting in such area bitumi-
nous coal, lignite, or anthracite from its natural deposits in the 
earth by any means or method, and the work of preparing the 
coal so extracted, and includes custom coal preparation facilities; 
(i) "work of preparing the coal" means the breaking, crushing, 
sizing, cleaning, washing, drying, mixing, storing, and loading of 
bituminous coal, lignite, or anthracite, and such other work of 
preparing such coal as is usually done by the operator of the coal 
mine; 
(j) "imminent danger" means the existence of any condition or 
practice in a coal mine which could reasonably be expected to 
cause death or serious physical harm before such condition or 
practice can be abated; 
(k) "accident" includes a mine explosion, mine ignition, mine 
fire, or mine inundation, or injury to, or death of, any person; 
(1) "mandatory health or safety standard" means the interim 
mandatory health or safety standards established by titles I I and 
I I I of this Act, and the standards promulgated pursuant to title 
I of this Act; and 
(m) "Panel" means the Interim Compliance Panel established 
by this Act. 
MINES SUBJECT TO ACT 
SEC. 4. Each coal mine, the products of which enter commerce, or 
the operations or products of which affect commerce, and each opera-
tor of such mine, and every miner in such mine shall be subject to the 
provisions of this Act. 
INTERIM COMPLIANCE PANEL 
me^mberihl'""''"*' 
SEO. 5. (a) There is hereby established the Interim Compliance 
m
e
m ers ip. 
Panel, which shall bc composcd of five mcmbers as follows I 
(1) Assistant Secretary of Labor for Labor Standards, Depart-
ment of L«,bor, or his delegate; 
(2) Director of the Bureau of Standards, Department of Com-
merce, or his delegate; 
(3) Administrator of Consumer Protection and Environ-
mental Health Service, Department of Health, Education, and 
Welfare, or his delegate; 
(4) Director of the Bureau of Mines, Department of the 
Interior, or his delegate; and 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
745 
(5) Director of the National Science Foundation, or his dele-
gate. 
(b) Members of the Panel shall serve without compensation in addi- penseY^lc" 
tion to that received in their regular employment, but shall be entitled 
to reimbursement 
for travel, subsistence, and other 
necessary 
expenses incurred by them in the performance of duties vested in the 
Panel. 
(c) Notwithstanding any other provision of law, the Secretary of ^.^Agency coopera-
Health, Education, and Welfare, the Secretary of Commerce, the 
Secretary of Labor, and the Secretary shall, upon request of the 
Panel, provide the Panel such personnel and other assistance as the 
Panel determines necessary to enable it to carry out its functions 
under this Act. 
(d) Three members of the Panel shall constitute a quorum for 
Q
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"
"
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-
doing business. All decisions of the Panel shall be by majority vote. 
The chairman of the Panel shall be selected by the members from 
among the membership thereof. 
(e) The Panel is authorized to appoint as many hearing examiners in!^rT"ppo^t-^* 
as are necessary for proceedings required to be conducted in accord- ment.' 
ance with the provisions of this Act. The provisions applicable to 
hearing examiners appointed under section 3105 of title 5 of the 
United States Code shall be applicable to hearing examiners appointed 
^° ^''**' '*^^' 
pursuant to this subsection. 
(f)(1) It shall be the function of the Panel to carry out the duties 
duties. 
imposed on it pursuant to this Act and to provide an opportunity for 
a public hearing, after notice, at the request of an operator of the 
affected coal mine or the representative of the miners of such mine. 
Any operator or representative of miners aggrieved by a final decision 
of the Panel may file a petition for review of such decision under sec-
tion 106 of this Act. The provisions of this section shall terminate 
^°^'' ?• ^54. 
upon completion of the Panel's functions as set forth under this Act. 
Any hearing held pursuant to this subsection shall be of record and 
the Panel shall make findings of fact and shall issue a written decision 
incorporating its findings therein in accordance with section 554 of 
title 5 of the United States Code. 
'° ^'"'' ''^• 
(2) The Panel shall make an annual report, in writing, to the Secre- Annual report to 
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1 1 
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Secretary 
and 
tary for transmittal by him to the Congress concerning the achieve- congress. 
ment of its purposes, and an^^ other relevant information (including 
any recommendations) which it deems appropriate. 
TITLE I—GENERAL 
HEALTH AND SAFETY STANDARDS; REVIEW 
SEC. 101. (a) The Secretary shall, in accordance with the procedures 
set forth in this section, develop, promulgate, and revise, as may be 
appropriate, improved mandatory safety standards for the protection 
of life and the prevention of injuries in a coal mine, and shall, in 
accordance with the procedures set forth in this section, promulgate the 
mandatory health standards transmitted to him by the Secretary of 
Health, Education, and Welfare. 
(b) No improved mandatory health or safety standard promulgated 
under this title shall reduce the protection afforded miners below that 
provided by any mandatory health or safety standard. 
(c) In the development and revision of mandatory safety standards, 
the Secretary shall consult with the Secretary of Health, Education, 
and Welfare, the Secretary of Labor, and with other interested Federal 
746 
PUBLIC LAW 9M73-DEC. 30, 1969 
[83 STAT. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Objections, 
Publication in 
Federal Register. 
agencies, appropriate representatives of State agencies, appropriate 
representatives of the coal mine operators and miners, other interested 
persons and organizations, and such advisory committees as he may 
appoint. Such development and revision of mandatory safety stand-
ards 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 safety protection for miners, other 
considerations shall be the latest available scientific data in the field, 
the technical feasibility of the standards, and experience gained under 
this and other safety statutes. 
(d) The Secretary of Health, Education, and Welfare shall, in 
accordance with the procedures set forth in this section, develop and 
revise, as may be appropriate, improved mandatory health standards 
for the protection of life and the prevention of occupational diseases 
of miners. In the development and revision of mandatory health stand-
ards, the Secretary of Health, Education, and Welfare shall consult 
with the Secretary, the Secretary of Labor, and with other interested 
Federal agencies, appropriate representatives of State agencies, appro-
priate representatives of the coal mine operators and miners, other 
mterested persons and organizations, such advisory committees as he 
may appoint, and, where appropriate, foreign countries. Such develop-
ment and revision of mandatory standards shall be based upon researcJi, 
demonstrations, experiments, and such other information as may be 
appropriate. In addition to the attainment of the highest degree of 
health protection for the miner, other considerations shall be the latest 
available scientific data in the field, the technical feasibility of the 
standards, and experience gained under this and other health statutes. 
Mandatory health standards which the Secretary of Health, Education, 
and Welfare develops or revises shall be transmitted to the Secretary, 
and shall thereupon be published in the Federal Register by the Secre-
tary as proposed mandatory health standards. 
(e) The Secretary shall publish proposed mandatory health and 
safety standards in the Federal Register and shall afford interested 
persons a period of not less than thirty days after publication to sub-
mit written data or comments. In the case of mandatory safety stand-
ards, except as provided in subsection (f) of this section, the Secretary 
may, upon the expiration of such period and after consideration of all 
relevant matter presented, promulgate such standards with such modi-
fications as he may deem appropriate. In the case of mandatory health 
standards, except as provided in subsection (f) of this section, the 
Secretary of Health, Education, and Welfare may, upon the expira-
tion of such period and after consideration of all relevant matter pre-
sented to the Secretary and transmitted to the Secretary of Health, 
IMucation, and Welfare, direct the Secretary to promulgate such 
standards with such modifications as the Secretary of Health, Educa-
tion, and Welfare may deem appropriate and the Secretary shall there-
upon promulgate such standards. 
(f) On or before the last day of any period fixed for the submission 
of written data or comments under subsection (e) of this section, any 
interested person may file with the Secretary written objections to a 
proposed mandatory health or safety standard, stating the grounds 
therefor and requesting a public hearing on such objections. As soon 
as practicable after the period for filing such objections has expired, 
the Secretary shall publish in the Federal Register a notice specifying 
the proposed mandatory health or safety standards to which objections 
have been filed and a hearing requested. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
747 
(g) Promptly after any such notice is published in the Federal 
Register by the Secretary under subsection (f) of this section, the 
Secretary, in the case of mandatory safety standards, or the Secretary 
of Health, Education, and Welfare, in the case of mandatory health 
standards, shall issue notice of, and hold, a public hearing for the 
])urpose of receiving relevant evidence. Within sixty days after com-
pletion of the hearings, the Secretary who held the hearing shall make 
findings of fact which shall be public. In the case of mandatory safety 
standards, the Secretary may promulgate such standards with such 
modifications as he deems appropriate. In the case of mandatory health 
standards, the Secretary of Health, Education, and Welfare may 
direct the Secretary to promulgate the mandatory health standards 
with such modifications as the Secretary of Health, Education, and 
Welfare deems appropriate and the Secretary shall thereupon promul-
gate the mandatory health standards. In the event the Secretary or the 
Secretary of Health, Education, and Welfare, as the case may be, 
determines that a proposed mandatory health or safety standard 
should not be promulgated or should be modified, he shall within a 
reasonable time publish his reasons for his determination. 
(h) Any mandatory health or safety standard promulgated under 
this section shall be effective upon publication in the Federal Register 
unless the Secretary or the Secretary of Health, Education, and Wel-
fare, as appropriate, specifies a later date. 
(i) Proposed mandatory health and safety standards for surface 
coal mines shall be published by the Secretary, in accordance Vv-ith the 
provisions of this section, not later than twelve months after the date 
of enactment of this Act. Proposed mandatory health and safety 
standards for surface work areas of underground coal mines, in addi-
tion to those established for such areas under this Act, shall be pub-
lished by the Secretary, in accordance with the provisions of this 
section, not later than twelve months after the date of enactment of 
this Act. 
(j) All interpretations, regulations, and instructions of the Secre-
tary or the Director of the Bureau of Mines, in effect on the date of 
enactment of this Act and not inconsistent with any provision of this 
Act, shall be published in the Federal Register and shall continue in 
effect until modified or superseded in accordance with the provisions 
of this Act. 
(k) The Secretary shall send a copy of every proposed standard or 
regulation at the time of publication in the Federal Register to the 
of)erator of each coal 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 sucli 
notice shall not relieve anyone of the obligation to comply with such 
standard or regulation. 
Hearings. 
Effective date. 
Publicati 
Federal Re on in 
gister. 
Copies. 
ADVISORY COMMITTEES 
SEC. 102. (a) (1) The Secretary shall appoint an advisory committee 
on coal 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, Depart-
ment of Commerce, or his delegate, with the consent of the 
Director: 
Committee on 
coal mine safety 
research, member-
ship. 
748 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Conflict of 
interest. 
Committee on 
coal mine health 
research, member-
ship. 
Conflict of 
interest. 
(C) the Director of the National Science Foundation, or his 
delegate, with the consent of the Director; and 
(D) such other persons as the Secretary may appoint who are 
knowledgeable in the field of coal mine safety research. 
The Secretary shall designate the chairman of the committee. 
(2) The advisory committee shall consult with, and make recom-
mendations to, the Secretary on matters involving or relating to coal 
mine safety research. The Secretary shall consult with, and consider 
the recommendations of, such committee in the conduct of such 
research, the making of any grant, 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 pursuant to paragraph (1) (D) of this 
subsection shall be individuals who have no economic interests in the 
coal mining industry, and who are not operators, miners, or offi-
cers 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 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 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 mine health research. The Secre-
tary of Health, Education, and Welfare shall consult with, and con-
sider the recommendations of, such committee in the conduct of such 
research, the making of any grant, 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) of this subsection shall be individuals who 
have no economic interests in the coal mining industry, and who are 
not operators, miners, or officers or employees of the Federal Govern-
ment or any State or local government. 
(c) The Secretary or the Secretary of Health, Education, and Wel-
fare may appoint other advisory committees as he deems appropriate 
to advise him in carrying out the provisions of this Act. The Secre-
tary or the Secretary of Health, Education, and Welfare, as the case 
may be, shall appoint the chairman of each such committee, who shall 
be an individual who has no economic interest in the coal mining indus-
try, and who is not an operator, miner, or an officer or employee of the 
Federal Government or any State or local government. A majority of 
the members of any such advisory committee appointed pursuant to 
this subsection shall be composed of individuals who have no economic 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1%9 
749 
interests in the coal mining industry, and who are not operators, 
miners, or officers or employees of the Federal Government or any 
State or local government. 
(d) Advisory committee members, other than officers or employees 
of Federal, State, or local governments, shall be, for each day (includ-
ing traveltime) during which they are performing committee business, 
entitled to receive compensation at a rate fixed by the appropriate 
Secretary but not in excess of the maximum rate of pay for grade 
GS-18 as provided in the General Schedule under section 5332 of title 
5 of the United States Code, and shall, notwithstanding the limita-
tions of sections 5703 and 5704 of title 5 of the United States Code, 
be fully reimbursed for travel, subsistence, and related expenses. 
Compensation 
and travel ex-
penses. 
5 u s e 5332 
note. 
Ante, p. 190. 
80 Stat. 499. 
INSPECTIONS AND INVESTIGATIONS 
SEC. 103. (a) Authorized representatives of the Secretary shall 
make frequent inspections and investigations in coal mines each year 
for the purpose of (1) obtaining, utilizing, and disseminating infor-
mation 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 w^hether or not there is compliance 
with the mandatory health or safety standards or with any notice, 
order, or decision issued under this title. In carrying out the require-
ments of clauses (3) and (4) of this subsection, no advance notice of 
an inspection shall be provided to any person. In carrying out the 
requirements of clauses (3) and (4) of this subsection in each under-
ground coal mine, such representatives shall make inspections of the 
entire mine at least four times a year. 
(b) (1) For the purpose of making any inspection or investigation 
under this Act, the Secretary or any authorized representative of the 
Secretary shall have a right of entry to, upon, or through any coal 
mine. 
(2) For the purpose of developing improved mandatory health 
standards, the Secretary of Health, Education, and Welfare or his 
authorized representative shall have a right of entry to, upon, or 
through, any coal mine. 
(3) The provisions of this Act relating to investigations and rec-
ords shall be available to the Secretary of Health, Education, and 
Welfare to enable him to carry out his functions and responsibilities 
under this Act. 
(c) For the purpose of carrying out his responsibilities under this 
Act, including the enforcement thereof, the Secretary may by agree-
ment utilize with or without reimbursement the services, personnel, 
and facilities of any Federal agency. 
(d) For the purpose of making any investigation of any accident 
or other occurrence relating to health or safety in a coal mine, the Sec-
retary may, after notice, hold public hearings, and may sign and issue 
subpenas for the attendance and testimony of witnesses and the pro-
duction of relevant papers, books, and documents, and administer 
oaths. Witnesses summoned shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States. In case of 
contumacy or refusal to obey a subpena served upon any person under 
this section, the district court of the United States for any district 
in which such person is found or resides or transacts business, upon 
application by the United States and after notice to such person, shall 
Right of entry. 
Right of entry. 
Hearings, sub-
pena power. 
750 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
have jurisdiction to issue an order re(]uirin^ such person to appear 
iind give testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof. 
(e) In the event of any accident occurring in a coal mine, the oper-
ator shall notify the Secretary thereof and shall take appropriate 
measures to prevent the destruction of any evidence which would 
assist in investi^atin*^ the cause or causes thereof. In the event of any 
accident occurring in a coal mine where rescue and recovery work is 
necessary, the Secretary or an authorized representative of the Secre-
tary shall take whatever action he deems appropriate to protect the 
life of any person, and he may, if he deems it appropriate, supervise 
and direct the rescue and recovery activity in such mine. 
(f) In the event of any accident occurring in a coal mine, an author-
ized representative of the Secretary, when present, may issue such 
orders as he deems appropriate to insure the safety of any person in 
the coal mine, and the operator of s-uch mine shall obtain the approval 
of such representative, in consultation with appropriate State repre-
sentatives, when feasible, of any plan to recover any person in the 
mine or to recover the mine or to return affected areas of the mine to 
normal. 
(g) Whenever a representative of the miners has reasonable grounds 
to believe that a violation of a mandatory health or safety standard 
exists, or an imminent danger exists, such representative shall have a 
right to obtain an immediate inspection by giving notice to the Sec-
retary or his authorized representative of such violation or danger. 
Any such notice shall be reduced to writing, signed by the represent-
ative of the miners, and a copy shall be provided the operator or his 
agent no later than at the time of inspection, except that, upon the 
request of the person giving such notice, his name and the names of 
individual miners referred to therein shall not appear in such copy. 
Upon receipt of such notification, a special inspection shall be made 
as soon as possible to determine if such violation or danger exists in 
accordance with the provisions of this title. 
(h) At the commencement of any inspection of a coal mine by an 
authorized representative of the Secretary, the authorized representa-
tive of the miners at the mine at the time of such inspection shall be 
given an opportunity to accompany the authorized representative of 
the Secretary on such inspection. 
(i) Whenever the Secretary finds that a mine liberates excessive 
quantities of methane or other explosive gases during its operations, or 
that a methane or other gas ignition or explosion has occurred in such 
mine which resulted in death or serious injury at any time during the 
previous five years, or that there exists in such mine other especially 
hazardous conditions, he shall provide a minimum of one spot inspec-
tion by his authorized representative of all or part of such mine during 
every five working days at irregular intervals. 
riNDTNOS. NOTICES. AND ORDERS 
SEC. 104. (a) If, upon any inspection of a coal mine, an authorized 
representative of the Secretary finds that an imminent danger exists, 
such representative shall determine the area throughout which such 
danger exists, and thereupon shall issue forthwith an order requiring 
the operator of the mine or his agent to cause immediately all persons, 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
751 
except tliose referred to in subsection (d) of this section, to be with-
drawn from, and to be prohibited from entering, such area until an 
authorized representative of the Secretary determines that sucli immi-
nent danger no longer exists. 
(b) Except as provided in subsection (i) of this section, if, upon 
any inspection of a coal mine, an authorized representative of the 
Secretary finds that there has been a violation of any mandatory 
health or safety standard but the violation has not created an imminent 
danger, he shall issue a notice to the operator or his agent fixing a 
reasonable time for the abatement of the violation. If, upon the expira-
tion of the period of time as originally fixed or subsequently extended, 
an authorized representative of the Secretary finds that the violation 
has not been totally abated, and if he also finds that the period of time 
should not be further extended, he shall find the extent of the area 
affected by the violation and shall promptly issue an order requiring 
the operator of such mine or his agent to cause immediately all per-
sons, except those referred to in subsection (d) of this section, to be 
withdrawn from, and to be prohibited from entering, such area until 
an authorized representative of the Secretary determines that the 
violation lias been abated. 
(c) (1) If, upon any inspection of a coal mine, an authorized repre-
sentative of the Secretary finds that there has been a violation of any 
mandatory health or safety standard, and if he also finds that, while 
the conditions created by such violation do not cause imminent danger, 
such violation is of such nature as could significantly and substantially 
contribute to the cause and effect of a mine safety or health hazard, 
and if he finds such violation to be caused by an unwarrantable failure 
of such operator to comply with such mandatory health or safety 
standards, he shall include such finding in any notice given to the oper-
ator under this Act. If, during the same inspection or any subsequent 
inspection of such mine within ninety days after the issuance of such 
notice, an authorized representative of the Secretary finds another vio-
lation of any mandatory health or safety standard and finds such 
violation to be also caused by an unwarrantable failure of such opera-
tor to so comply, he shall forthwith issue an order requiring the oper-
ator to cause all persons in the area affected by such violation, except 
those persons referred to in subsection (d) of this section, to be with-
drawn from, and to be prohibited from entering, such area until an 
authorized representative of the Secretary determines that such vio-
lation has been abated. 
(2) If a withdrawal order with respect to any area in a mine has 
been issued pursuant to paragraph (1) of this subsection, a withdrawal 
order shall promptly be issued by an authorized representative of the 
Secretary who finds upon any subsequent inspection the existence 
in such mine of violations similar to tliose that resulted in the issuance 
of the withdrawal order under paragraph (1) of this subsection 
until such time as an inspection of such mine discloses no similar viola-
tions. Following an inspection of such mine which discloses no similar 
violations, the provisions of paragraph (1) of this subsection shall 
again be applicable to that mine. 
(d) The following persons shall not be required to be withdrawn 
from, or prohibited from entering, any area of the coal 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; 
752 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
(2) any public official whose official duties require liim to enter 
such area; 
(3) any representative of the miners in such mine who is, in the 
judgment of the operator or an authorized representative of the 
Secretary, qualified to make coal 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. 
(e) Notices and orders issued pursuant to this section shall contain 
a detailed description of the conditions or practices which cause and 
constitute an imminent danger or a violation of any mandatory health 
or safety standard and, where appropriate, a description of the area 
of the coal mine from which persons must be withdrawn and pro-
hibited from entering. 
(f) Each notice or order issued under this section shall be given 
promptly to the operator of the coal mine or his agent by an authorized 
representative of the Secretary issuing such notice or order, and all 
such notices and orders shall be in writing and shall be signed by such 
representative. 
(g) A notice or order issued pursuant to this section, except an order 
issued under subsection (h) of this section, may be modified or 
terminated by an authorized representative of the Secretary. 
(h) (1) If, upon any inspection of a coal mine, an authorized repre-
sentative of the Secretary finds (A) that conditions exist therein 
which have not yet resulted in an imminent danger, (B) that such 
conditions cannot be effectively abated through the use of existing 
technology, and (C) that reasonable assurance cannot be provided 
that the continuance of mining operations under such conditions will 
not result in an imminent danger, he shall determine the area through-
out w^hich such conditions exist, and thereupon issue a notice to the 
operator of the mine or his agent of such conditions, and shall file a 
copy thereof, incorporating his findings therein, with the Secretary 
and with the representative of the miners of such mine. Upon receipt 
of such copy, the Secretary shall cause such further investigation to 
be made as he deems appropriate, including an opportunity for the 
operator or a representative of the miners to present iniormation 
relating to such notice. 
(2) Upon the conclusion of such investigation and an opportunity 
for a public hearing upon request by any interested party, the Secre-
tary shall make findings of fact, and shall by decision incorporating 
such findings therein, either cancel the notice issued under this sub-
section or issue an order requiring the operator of such mine to cause 
all persons in the area affected, except those persons referred to in 
subsection (d) of this section, to be withdrawn from, and be pro-
hibited from entering, such area until the Secretary, after a public 
hearing affording all interested persons an opportunity to present 
their views, determines that such conditions have been abated. Any 
hearing under this paragraph shall be of record and shall be subject 
80 Stat. 384. 
to scction 554 of title 5 of the United States Code. 
(i) If, based upon samples taken and analyzed and recorded pur-
pose p. 760. 
suant to section 202(a) of this Act, or samples taken during an inspec-
tion by an authorized representative of the Secretary, the applicable 
limit on the concentration of respirable dust required to be maintained 
under this Act is exceeded and thereby violated, the Secretary or his 
authorized representative shall issue a notice fixing a reasonable time 
for the abatement of the violation. During such time, the operator of 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
753 
the mine shall cause samples described in section 202(a) of this Act 
^°^'' P- ^^°-
to be taken of the affected area during each production shift. If, upon 
the expiration of the period of time as originally fixed or subsequently 
extended, the Secretary or his authorized representative finds that 
the period of time should not be further extended, he shall find the 
extent of the area affected by the violation and shall promptly issue 
an order requiring the operator of such mine or his agent to cause 
immediately all persons, except those referred to in subsection (d) of 
this section, to be withdrawn from, and to be prohibited from enter-
ing, such area until the Secretary or his authorized representative has 
reason to belie\e, 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 tlie operator, shall dispatch to the mine involved a 
person or team of persons, to the extent such persons are available, 
who are knowledgeable in the methods and means of controlling and 
reducing respirable dust. Such person or team of persons shall remain 
at the mine involved for such time as they shall deem appropriate to 
assist the operator in reducing respirable dust concentrations. While 
at the mine, such persons may require the operator to take such actions 
as they deem appropriate to insure the health of any person in the 
coal mine. 
REVIEW BY T H E 
SECRETARY 
8i:c. 105. (a) (1) An operator issued an order pursuant to the pro-
visicms of section 104 of this title, or any representative of miners 
in any mine affected by such order or by any modification or termina-
tion of such order, may a))ply to the Secretary for review of the order 
within tliirty days of receipt thereof or within thirty days of its modi-
ficaticm or termination. An operator issued a notice pursuant to section 
104(b) or (i) of this title, or any representative of miners in any 
mine affected by such notice, may, if he believes that the period of 
time fixed in such notice for the abatement of the viohition is unreason-
able, apj)]y to the Secretary for review of the notice within thirty 
days of the receipt tliereof. Tlie applicant shall send a copy of such 
application to the representative of miners in the affected mine, or the 
operator, as appropriate. Upon receipt of such application, the Secre-
tary shall cause such investigation to be made as he deems appropriate. 
Such investigation shall provide an opportunity for a public hearing. 
Hearing. 
at the request of the operator or the representative of miners in such 
mine, to enable the oi)erator and the representative of miners in such 
mine to present information relating to ihe issuance and continuance of 
such order or the modification or termination thereof or to the time 
fixed in such notice. The filing of an application for review under this 
subsecti<m shall not operate as a stay of any order or notice. 
(2) The oi>erator and the re])resentative of the miners shall he given 
written notice of tlie time and place of the hearing at least five days 
prior to the hearing. Any such hearing shall be of record and shall be 
subject to section 554 of title 5 of the United States Code. 
so stat. 384. 
(h) Upon receiving the report of such investigation, the Secretary 
shall make findings of fact, and he shall issue a written decision, 
incorporating therein an order vacating, affirming, modifying, or 
terminating the order, or the modification or termination of such order, 
or the notice, complained of and incorporate his findings therein. 
(c) In view of the urgent need for prompt decision of matters sub-
mitted to the Secretary under tliis section, all actions which the Secre-
tary takes under this section shall be taken as promptly as practicable, 
consistent with adequate consideration of the issues involved. 
754 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
(d) Pending completion of the investigation reqnired by this sec-
tion, the applicant may file with the Secretary a written request that 
the Secretary grant temporary relief (1) from any modification or 
termination of any order, or (2) from any order issued under section 
104 of this title, except an order issued under section 104(a) of this 
title, together with a detailed statement giving reasons for granting 
such relief. The Secretary may grant such relief, under such conditions 
as he may prescribe, if— 
(1) a hearing has been held in which all parties were given an 
opportunity to be heard; 
(2) the applicant shows that there is substantial likelihood 
that the findings of the Secretary will be favorable to the appli-
cant; and 
(3) such relief will not adversely affect the health and safety 
of miners in the coal mine. 
No temporary relief shall be granted in the case of a notice issued 
under section 104 (b) or (i) of this title. 
JUDICIAL 
REVIEW 
SEC. 106. (a) Any order or decision issued by the Secretary or the 
Panel under this Act, except an order or decision under section 109(a) 
of this Act, shall be subject to judicial review by the LTnited States 
court of appeals for the circuit in which the affected mine is located, 
or the United States Court of Appeals for the District of Columbia 
Circuit, upon the filing in such court within thirty days from the date 
of such order or decision of a petition by any person aggrieved by 
the order or decision praying that the order or decision be modified 
or set aside in whole or in part, except that the court shall not consider 
such petition unless such person has exhausted the adininistrative 
remedies available under this Act. A copy of the petition shall forth-
with be sent by registered or certified mail to the other party and to 
the Secretary or the Panel, and thereupon the Secretary or the Panel 
shall certify and file in such court the record upon which the order or 
decision complained of was issued, as provided in section 2112 of title 
7 2 Stat. 941; 
28, United States Code. 
80 Stat. 1323. 
^j^^ rpj^g coui't sliall hear such petition on the record made before 
the Secretary or the Panel. The findings of the Secretary or the Panel, 
if supported by substantial evidence on the record considered as a 
whole, shall be conclusive. The court may affirm, vacate, or modify 
any order or decision or may remand the proceedings to the Secretary 
or the Panel for such further action as it may direct. 
(c) (1) In the case of a proceeding to review any order or decision 
issued by the Secretary under this Act, except an order or decision 
pertainiiig to an order issued under section 104(a) of this title or an 
order or decision pertaining to a notice issued under section 104 (b) 
or (i) of this title, the court may, under such conditions as it may 
prescribe, grant such temporary relief as it deems appropriate pend-
ing final determination of the proceeding if— 
(A) all parties to the proceeding have been notified and given 
an opportunity to be heard on a request for temporary relief; 
(B) the person requesting such relief shows that there is a sub-
stantial 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 mine. 
(2) In the case of a proceeding to review any order or decision 
issued by the Panel under this Act, the court may, under such condi-
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
755 
tions as it may prescribe, grant such temporary relief as it deems 
appropriate peiidin*? final determination of the proceeding if— 
(A) all parties to the proceeding have been notified and given 
an opportunity to be heard on a request for temporary relief; and 
(B) the person requesting such relief shows that there is a sub-
stantial likelihood that he will prevail on the merits of the final 
determination of the proceeding. 
(d) The judgment of the court shall be subject to review only by 
the Supreme Court of the United States upon a writ of certiorari or 
certification as provided in section 1254 of title 28, United States 
C o d e . 
62 Stat. 928. 
(e) The commencement of a proceeding under this section shall nc \ 
unless specifically ordered by the court, operate as a stay of the order 
or decision of the Secretary or the Panel. 
(f) Subject to the direction and control of the Attorney General, 
as provided in section 507(b) of title 28 of the United States Code, 
62^stat. 910: 
attorneys appointed by the Secretary may appear for and represent ^°2rusc^5oV 
him in any proceeding instituted under this section. 
note. 
rOSTING OF NOTICES, ORDERS, AND DECISIONS 
SEC. 107. (a) At each coal mine there shall be maintained an office 
Avith a conspicuous sign designating it as the office of the mine, and a 
bulletin board at such office or at some conspicuous place near an 
entrance of the mine, in such manner that notices, orders, and decisions 
required by law or regulation to be posted on the mine bulletin board 
may be posted thereon, be easily visible to all persons desiring to read 
them, and be protected against damage by weather and against unau-
thorized removal. A copy of any notice, order, or decision required by 
this title 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 bul-
letin board of such mine by the operator or his agent. 
(b) The Secretary shall cause a copy of any notice, order, or deci-
sion required by this Act to be given to an operator to be mailed imme-
diately to a representative of the miners in the affected mine, and to 
the public official or agency of the State charged with administering 
State laws, if any, relating to health or safety in such mine. Such 
notice, order, or decision shall he available for public inspection. 
(c) In order to insure prompt compliance with any notice, order, or 
decision issued under this Act, the authorized representative of the 
Secretary may deliver such notice, order, or decision to an agent of 
the operator and such agent shall immediately take appropriate meas-
ures to insure compliance with such notice, order, or decision. 
(d) Each operator of a coal mine shall file Avitli the Secretary the 
name and address of such mine and the name and address of the per-
son 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 mine 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, or decision issued 
under this Act affecting such mine. In any case, where the coal mine 
is subject to the control of any person not directly involved in the 
daily operations of the coal mine, there shall be filed with the Secre-
tary the name and address of such person and the name and address 
of a principal official of such person who shall have overall responsi-
bility for the conduct of an effective health and safety program at any 
coal mine subject to the control of such i)erson and such official shall 
756 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
receive a copy of any notice, order, or decision issued affecting any 
such mine. The mere designation of a health and safety official under 
this subsection shall not be construed as making such official subject 
to any penalty under this Act. 
INJUNCTIOKS 
SEC. 108, The Secretary may institute a civil action for relief, 
including a permanent or temporary injunction, restraining order, or 
any other appropriate order in the district court of the United States 
for the district in which a coal mine is located or in which the operator 
of such mine has his principal office, whenever such operator or his 
agent (a) violates or fails or refuses to comply Avith any order or 
decision issued under this Act, or (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, or (c) refuses to admit such 
representatives to the mine, or (d) refuses to permit the inspection 
of the mine, or the investigation of an accident or occupational disease 
occurring in, or connected with, such mine, or (e) refuses to furnish 
any information or report requested by the Secretary or the Secretary 
of Health, Education, and Welfare in furtherance of the provisions 
of this Act, or (f) refuses to permit access to, and copying of, such 
records as the Secretary or the Secretary of Health, Education, and 
Welfare determines necessary in carrying out the provisions of this 
Act. Each court shall have jurisdiction to provide such relief as may 
be appropriate. Temporary restraining orders shall be issued in 
accordance with Rule 65 of the Federal Rules of Civil Procedure, as 
28 use app. 
amended, except that the time limit in such orders, when issued with-
out notice, shall be seven days from the date of entry. Except as other-
wise provided herein, any relief granted by the court to enforce an 
order under clause (a) of this section shall continue in effect until 
the completion or final termination of all proceedings for review of 
such order under this title, unless, prior thereto, the district court 
granting such relief sets it aside or modifies it. In actions under this 
section, subject to the direction and control of the Attorney General, 
so^statfeeV^' 
'^^ provided in section 507(b) of title 28 of the United States Code, 
28 use 507 
attorneys appointed by the Secretary may appear for and represent 
"°t^' 
him. In any action instituted under this section to enforce an order 
or decision issued by the Secretary after a public hearing in accord-
80 Stat. 384. 
ancc with section 554 of title 5 of the TTnited States Code, the findings 
of the Secretary, if supported by substantial evidence on the record 
considered as a whole, shall be conclusive. 
PENALTIES 
SEC. 109. (a) (1) The operator of a coal mine in which a violation 
occurs of a mandatory health or safety standard or who violates any 
Post, p. 792. 
other provision of this Act, except the provisions of title 4, shall be 
assessed a civil penalty by the Secretary under paragraph (3) of this 
subsection 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. In determining 
the amount of the penalty, the Secretary shall consider the operator's 
history of previous violations, the appropriateness of such penalty to 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
757 
the size of the business of the operator charged, whether the operator 
was negligent, the effect on the operator's ability to continue in busi-
ness, 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) 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 
Secretary under paragraph (3) of this subsection, which penalty 
shall not be more than $250 for each occurrence of such violation. 
(3) A civil penalty shall be assessed by the Secretary only after the 
person charged with a violation under this Act has been given an 
opportunity for a public hearing and the Secretary has determined, 
by decision incorporating his findings of fact therein, that a viola-
tion did occur, and the amount of the penalty which is warranted, 
and incorporating, when appropriate, an order therein requiring that 
the penalty be paid. Where appropriate, the Secretary shall consoli-
date such hearings with other proceedings under section 105 of this 
title. Any hearing under this section shall be of record and shall be 
subject to section 554 of title 5 of the United States Code. 
so stat. 384. 
(4) If the person against whom a civil penalty is assessed fails to 
pay the penalty within the time prescribed in such order, the Secretary 
shall file a petition for enforcement of such order in any appropriate 
district court of the United States. The petition shall designate the 
person against whom the order is sought to be enforced as the respond-
ent. A copy of the petition shall forthwith be sent by registered or 
certified mail to the respondent and to the representative of the miners 
in the affected mine or the operator, as the case may be, and thereupon 
the Secretary shall certify and file in such court the record upon which 
such order sought to be enforced w^as issued. The court shall have 
jurisdiction to enter a judgment enforcing, modifying, and enforcing 
as so modified, or setting aside in whole or in part the order and 
decision of the Secretary or it ma^ remand the proceedings to the 
Secretary for such further action as it may direct. The court shall con-
sider and determine de novo all relevant issues, except issues of fact 
which were or could have been litigated in review proceedings before 
a court of appeals under section 106 of this Act, and upon the request 
of the respondent, such issues of fact w^hich are in dispute shall be 
submitted to a jury. On the basis of the jury's findings, the court shall 
determine the amount of the penalty to be imposed. Subject to the 
direction and control of the Attorney General, as provided in sec-
tion 507(b) of title 28 of the United States Code, attorneys appointed 
62 stat. 910; 
by the Secretary may appear for and represent him in any action to ^°28*usc ^so? 
enforce an order assessing civil penalties under this paragraph. 
note. 
(b) 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 of this title, or any order 
incorporated in a final decision issued under this title, except an order 
incorporated in a decision under subsection (a) of this section or 
section 110(b) (2) of this title, 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 imprison-
ment for not more than five years, or by both. 
758 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
(c) Whenever a corporate operator violates a mandatory liealtli 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) of this section or section 110 
(b) (2) of this title, any director, officer, or agent of such corporation 
who knowingly authorized, ordered, or carried out such violation, fail-
ure, or refusal shall be subject to the same civil penalties, fines, and 
imprisonment that may be imposed upon a person under subsections 
(a) and (b) of this section. 
(d) 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 or any 
order or decision issued under this Act shall, upon conviction, be pun-
ished by a fine of not more than $10,000, or by imprisonment for not 
more than six months^ or by both. 
(e) Whoever knowingly distributes, sells, offers for sale, introduces, 
or delivers in commerce any equipment for use in a coal mine, includ-
ing, but not limited to, components and accessories of such equip-
ment, which is represented as complying with the provisions of this 
Act, or with any specification or regulation of the Secretary applicable 
to such equipment, and which does not so comply, shall, upon convic-
tion, be subject to the same fine and imprisonment that may be imposed 
upon a person under subsection (d) of this section. 
Compensation. 
Discrimination, 
ENTITLEMENT OF MINERS 
SEC, 110. (a) If a coal mine or area of a coal mine is closed by an 
order issued under section 104 of this title, all miners working during 
the shift when such order was issued 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 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 mine or area of a coal mine is closed by an order 
issued under section 104 of this title for an unwarrantable failure of 
the operator to comply with any health or safety standard, 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 on such 
compensation and after such order is final, by the operator for lost 
time at their regular rates of pay for such time as the miners are idled 
by such closing, or for one week, whichever is the lesser. Whenever 
an operator violates or fails or refuses to comply with any order issued 
under section 104 of this Act, all miners f^mployed at the affected mine 
who would be withdrawn from, or prevented from entering, such mine 
or area thereof as a result of such order shall be entitled to full com-
pensation 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. 
(b) (1) No person shall discharge or in any other way discriminate 
against or cause to be discharged or discriminated against any miner 
or any authorized representative of miners by reason of the fact that 
such miner or representative (A) has notified the Secretary or his 
authorized representative of any alleged violation or danger, (B) has 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
759 
filed, instituted, or caused to be filed or instituted any proceeding 
under this Act, or (C) has testified or is about to testify in any pro-
ceeding resulting from the administration or enforcement of the pro-
visions of this Act. 
(2) Any miner or a representative of miners who believes that he 
has been discharged or otherMise discriminated against by any person 
in violation of paragraph (1) of this subsection may, within thirty 
days after such violation occurs, apply to the Secretary for a review 
of such alleged discharge or discrimination. A copy of the application 
shall be sent to such person who shall be the respondent. Upon receipt 
of such application, the Secretary shall cause such investigation to be 
made as he deems appropriate. Such investigation shall provide an 
opportunity for a public hearing at the request of any party to enable 
the parties to present information relating to such violation. The 
parties shall be given written notice of the time and place of the hear-
ing at least five days prior to the hearing. Any such hearing shall be 
of record and shall be subject to section 554 of title 5 of the LTnited 
States Code. Upon receiving the report of such investigation, the 
8° stat. 38 4. 
Secretary shall make findings of fact. If he finds that such violation 
did occur, he shall issue a decision, incorporating an order therein, 
requiring the person committing such violation to take such affirma-
tive action to abate the violation as the Secretary deems appropriate, 
including, but not limited to, the rehiring or reinstatement of the 
miner or representative of miners to his former position with back 
pay. If lie finds that there was no such violation, he shall issue an order 
denying the application. Such order shall incorporate the Secretary's 
findings therein. Any order issued by the Secretary under this para-
graph shall be subject to judicial review in accordance Avith section 
106 of this Act. Violations by any person of paragraph (1) of this 
subsection shall be subject to the provisions of sections 108 and 109(a) 
of this title. 
(3) Whenever an order is issued under this subsection, at the request 
of the applicant, a sum equal to the aggregate amount of all costs and 
expenses (including the attorney's fees) as determined by the Secre-
tary to have been reasonably incurred by the applicant for, or in con-
nection with, the institution and prosecution of such proceedings, shall 
be assessed against the person committing such violation. 
REPORTS 
SEC. 111. (a) 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, roof falls, and investigations shall be kept 
and the information shall be made available to the Secretary or his 
authorized representative and the appropriate State agency. Such 
records shall be open for inspection by interested persons. Such rec-
ords shall include man-hours worked and shall be reported for periods 
determined by the Secretary, but at least annually. 
(b) In addition to such records as are specifically required by this 
Act, every operator of a coal mine shall establish and maintain such 
records, make such reports, and provide such information, as the 
Secretary may reasonably require from time to time to enable him to 
perform his functions under this Act. The Secretary is authorized to 
compile, analyze, and publish, either in summary or detailed form, 
such reports or information so obtained. Except to the extent other-
760 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
wise specifically provided b}- this Act, all records, information, 
reports, findings, notices, orders, or decisions required or issued pur-
suant to or under this Act may be published from time to time, may 
Records, avail- be releascd to any interested person, and shall be made available for 
ability. 
I
T
* 
j . ' 
public inspection. 
TITLE II—INTERIM MANDATORY H E A L T H STANDARDS 
COVERAGE 
SEC. 201. (a) The provisions of sections 202 through 206 of this title 
Post, p. 791. 
g^jj^j ^Yie applicable provisions of section 318 of title I I I shall be 
interim mandatory health standards applicable to all underground 
coal mines until superseded in whole or in part by improved manda-
tory health standards promulgated by the Secretary under the pro-
Ante, p. 745. 
visioiis of sectioii 101 of this Act, and shall be enforced in the same 
manner and to the same extent as any mandatory health standard 
promulgated under the provisions of section 101 of this Act. Any 
orders issued in the enforcement of the interim standards set forth 
in this title shall be subject to review as provided in title I of this Act. 
(b) Among other things, it is the purpose of this title to provide, to 
the greatest extent possible, that the working conditions in each under-
ground coal mine are sufficiently free of respirable dust concentra-
tions in the mine atmosphere to permit each miner the opportunity 
to work underground during the period of his entire adult working 
life without incurring any disability from pneumoconiosis or any 
other occupation-related disease during or at the end of such period. 
DUST STANDARD AND RESPIRATORY 
E Q U I P M E N T 
Samples. 
gj,^^ 202. (a) Each operator of a coal mine shall take accurate sam-
ples of the amount of respirable dust in the mine atmosphere to which 
Publication in 
eacli mlucr in the active workings of such mine is exposed. Such 
samples shall be taken by any device approved by the Secretary and 
the Secretary of Health, Education, and Welfare and in accordance 
with such methods, at such locations, at such intervals, and in such 
manner as the Secretaries shall prescribe in the Federal Register with-
in sixty days from the date of enactment of this Act and from time to 
time thereafter. Such samples shall be transmitted to the Secretary in 
a manner established by him, and analyzed and recorded by him in a 
manner that will assure application of the provisions of section 104 (i) 
of this Act when the applicable limit on the concentration of respira-
ble dust required to be maintained under this section is exceeded. The 
results of such samples shall also be made available to the operator. 
Each operator shall report and certify to the Secretary at such inter-
vals as the Secretary may require as to the conditions in the active 
workings of the coal mine, including, but not limited to, the average 
number of working hours w^orked during each shift, the quantity and 
velocity of air regularly reaching the working faces, the method of 
mining, the amount and pressure of the water, if any, reaching the 
working faces, and the number, location, and type of sprays, if any, 
used. 
(b) Except as otherwise provided in this subsection— 
(1) Effective on the operative date of this title, each operator 
shall continuously maintain the average concentration of respira-
Federal Register, 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
761 
ble dust in tlie mine atmosphere during each shift to which each 
miner in the active workings of such mine is exposed at or below 
3.0 milligrams of respirable dust per cubic meter of air. 
(2) Effective three years after the date of enactment of this Act, 
each operator shall continuously maintain the average concentra-
tion of respirable dust in the mine atmosphere during each shift 
to which each miner in the active workings of such mine is exposed 
at or below 2.0 milligrams of respirable dust per cubic meter of 
air. 
(3) Any operator who determines that he will be unable, using 
Noncompliance 
available technology, to comply with the provisions of paragraph P^™'*' 
(1) of this subsection, or the provisions of paragraph (2) of this 
subsection, as appropriate, may file with the Panel, no later than 
sixty days prior to the effective date of the applicable respirable 
dust standard established by such paragraphs, an application for 
a permit for noncompliance. If, in the case of an application for 
a permit for noncompliance with the 3.0 milligram standard 
established by paragraph (1) of this subsection, the application 
satisfies the requirements of subsection (c) of this section, the 
Panel shall issue a permit for noncompliance to the operator. If, 
in the case of an application for a permit for noncompliance with 
tiie 2.0 milligram standard established by paragraph (2) of this 
subsection, the application satisfies the requirements of subsec-
tion (c) of this section and the Panel determines that the appli-
cant will be unable to comply with such standard, the Panel shall 
issue to the operator a permit for noncompliance. 
(4) In any case in which an operator, who has been issued a 
Permit renewal. 
permit (including a renewal permit) for noncompliance under 
this section, determines, not more than ninety days prior to the 
expiration date of such permit, that he still is unable to comply 
with the standard established by paragraph (1) of this subsection 
or the standard established by paragraph (2) of this subsection, 
as appropriate, he may file with the Panel an application for 
renewal of the permit. Upon receipt of such application, the 
Panel, if it determines, after all interested persons have been 
notified and given an opportunity for a public hearing under sec-
tion 5 of this Act, that the application is in compliance with the 
^"'«' P- 744. 
provisions of subsection (c) of this section, and that the applicant 
will be unable to comply with such standard, may renew the 
permit. 
(5) Any such permit or renewal thereof so issued shall be in 
Permit termina-
effect for a period not to exceed one year and shall entitle the *'°"" 
permittee during such period to maintain continuously the aver-
age concentration of respirable dust in the mine atmosphere dur-
ing each shift in the working places of such mine to which the 
permit applies at a level specified by the Panel, which shall be at 
the lowest level which the application shows the conditions, tech-
nology applicable to such mine, and other available and effective 
control techniques and methods will permit, but in no event shall 
such level exceed 4.5 milligrams of dust per cubic nieter of air 
during the period when the 3.0 milligram standard is in effect, 
or 3.0 milligrams of dust per cubic meter of air during the period 
when the 2.0 milligram standard is in effect. 
(6) N'o permit or renewal thereof for noncompliance shall 
762 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Reduction 
schedule, estab-
lishment. 
Ante, p. 745. 
"MRE instru-
ment." 
"Average con-
centration." 
entitle any operator to an extension of time beyond eighteen 
months from the date of enactment of this Act to comply with 
the 3.0 milligram standard established by paragraph (1) of this 
subsection, or beyond seventy-two months from the date of enact-
ment of this Act to comply with the 2.0 milligram standard 
established by paragraph (2) of this subsection. 
(c) Any application for an mitial or renewal permit made pur-
suant to this section shall contain— 
(1) a representation by the applicant and the engineer con-
ducting the survey referred to in paragraph (2) of this subsec-
tion that the applicant is unable to comply with the standard 
applicable under subsection (b) (1) or (b) (2) of this section at 
specified working places because the technology for reducing the 
concentration of respirable dust at such places is not available, 
or because of the lack of other effective control techniques or 
methods, or because of any combination of such reasons; 
(2) an identification of the working places in such mine for 
which the permit is requested; the results of an engineering sur-
vey by a certified engineer of the respirable dust conditions of 
each working place of the mine with respect to which such appli-
cation is filed and the ability to reduce such dust to the level 
required to be maintained in such place under this section; a 
description of the ventilation system of the mine and its capacity; 
the quantity and velocity of air regularly reaching the working 
faces; the method of mining; the amount and pressure of the 
water, if any, reaching the working faces; the number, location, 
and type of sprays, if any; action taken to reduce such dust; and 
such otner information as the Panel may require; and 
(3) statements by the applicant and the engineer conducting 
such survey, of the means and methods to be employed to achieve 
compliance with the applicable standard, the progress made 
toward achieving compliance, and an estimate of when compli-
ance can be achieved. 
(d) Beginning six months after the operative date of this title and 
from time to time thereafter, the Secretary of Health, Education, and 
Welfare shall establish, in accordance with the provisions of section 
101 of this Act, a schedule reducing the average concentration of 
respirable dust in the mine atmosphere during each shift to which 
each miner in the active workings is exposed below the levels estab-
lished in this section to a level of personal exposure which will prevent 
new incidences of respiratory disease and the further development of 
such disease in any person. Such schedule shall specify the minimum 
time necessary to achieve such levels taking into consideration present 
and future advancements in technology to reach these levels. 
(e) References to concentrations of respirable dust in this title 
means the average concentration of respirable dust if measured with 
an MRE instrument or such equivalent concentrations if measured 
with another device approved by the Secretary and the Secretary of 
Health, Education, and Welfare. As used in this title, the term "MRE 
instrument" means the gravimetric dust sampler with four channel 
horizontal elutriator developed by the Mining Research Establishment 
of the National Coal Board, London, England. 
(f) For the purpose of this title, the term "average concentration" 
means a determination which accurately represents the atmospheric 
conditions with regard to respirable dust to which each miner in the 
active workings of a mine is exposed (1) as measured, during the 18 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
763 
month period following the date of enactment of this Act, over a num-
ber of continuous j^roduction shifts to be determined by the Secretary 
and the Secretary of Health, Education, and Welfare, and (2) as meas-
ured thereafter, over a single shift only, unless the Secretary and the 
Secretary of Health, Education, and Welfare find, in accordance with 
the provisions of section 101 of this Act, that such single sliift meas- 
^"'®' P* ^'*^' 
urement will not, after applying valid statistical techniques to such 
measurement, accurately represent such atmospheric conditions dur-
ing such shift. 
(g) The Secretary shall cause to be made such frequent spot inspec- jj^^°* inspec-
tions as he deems appropriate of the active workings of coal mines for 
the purpose of obtaining compliance with the provisions of this title. 
(h) Respiratory equipment approved by the Secretary and the Sec-
retary of Health, Education, and Welfare shall be made available to 
all persons whenever exposed to concentrations of respirable dust in 
excess of the levels required to be maintained under this Act. Use of 
respirators shall not be substituted for environmental control measures 
in the active workings. Each operator shall maintain a supply of respi-
ratory equipment adequate to deal with occurrences of concentrations 
of respirable dust in the mine atmosphere in excess of the levels 
required to be maintained under this Act. 
MEDICAL 
EXAMINATIONS 
SEC. 203 (a) The operator of a coal mine shall cooperate with the 
Secretary of Health, Education, and Welfare in making available 
to each miner working in a coal mine the opportunity to have a chest 
roentgenogram within eighteen months after the date of enactment 
of this Act, a second chest roentgenogram within three years there-
after, and subsequent chest roentgenograms at such intervals there-
after of not to exceed five years as the Secretary of Health, Education, 
and Welfare prescribes. Each worker who begins work in a coal mine 
for the first time shall be given, as soon as possible after commence-
ment of his employment, and again three years later if he is still 
engaged in coal mining, a chest roentgenogram; and in the event the 
second such chest roentgenogram shows evidence of the development 
of pneumoconiosis the worker shall be given, two years later if he is 
still engaged in coal mining, an additional chest roentgenogram. All 
chest roentgenograms shall be given in accordance with specifications 
prescribed by the Secretary of Health, Education, and Welfare and 
shall be supplemented by such other tests as the Secretary of Health, 
Education, and Welfare deems necessary. The films shall be read 
and classified in a manner to be prescribed by the Secretary of Health, 
Education, and Welfare, and the results of each reading on each such 
person and of such tests shall be submitted to the Secretary and to 
the Secretary of Health, Education, and Welfare, and, at the request 
of the miner, to his physician. The Secretary shall also submit such 
results to such miner and advise him of his rights under this Act 
related thereto. Such specifications, readings, classifications, and tests 
shall, to the greatest degree possible, be uniform for all coal mines 
and miners in such mines. 
(b)(1) On and after the operative date of this title, any miner 
who, in the judgment of the Secretary of Health, Education, and Wel-
fare based upon such reading or otlier medical examinations, shows 
764 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
evidence of the development of pneumoconiosis shall be afforded the 
option of transferring from his position to another position in any 
area of the mine, for such period or periods as may be necessary to 
prevent further development of such disease, where the concentration 
of respirable dust in the mine atmosphere is not more than 2.0 milli-
grams of dust per cubic meter of air. 
(2) Effective three years after the date of enactment of this Act, 
any miner who, in the judgment of the Secretary of Health, Educa-
tion, and Welfare based upon such reading or other medical examina-
tions, shows evidence of the development of pneumoconiosis shall be 
afforded the option of transferring from his position to another posi-
tion in any area of the mine, for such period or periods as may be 
necessary to prevent further development of such disease, where the 
concentration of respirable dust in the mine atmosphere is not more 
than 1.0 millograms of dust per cubic meter of air, or if such level is 
not attainable in such mine, to a position in such mine where the con-
centration of respirable dust is the lowest attainable below 2.0 milli-
grams per cubic meter of air. 
(3) Any miner so transferred shall receive compensation for such 
work at not less than the regular rate of pay received by him immedi-
ately prior to his transfer. 
(c) No payment may be required of any miner in connection witli 
any examination or test given him pursuant to this title. Where such 
examinations or tests cannot be given, due to the lack of adequate med-
ical or other necessary facilities or personnel, in the locality where tlie 
miner resides, arrangements shall be made to have them conducted, in 
accordance with the provisions of this title, in such locality by the 
Secretary of Health, Education, and Welfare, or by an appropriate 
person, agency, or institution, public or private, under an agreement 
or arrangement between the Secretary of Health, Education, and 
Welfare and such person, agency, or institution. The operator of the 
mine shall reimburse the Secretary of Health, Education, and Welfare, 
or such person, agency, or institution, as the case may be, for the cost 
of conducting each examination or test made, in accordance with this 
title, and shall pay whatever other costs are necessary to enable the 
miner to take such examinations or tests. 
DUposuion o
f 
(^) ^^ ^
^
^
® death of any active miner occurs in any coal mine, or if 
findings. 
the death of any active or inactive miner occurs in any other place, the 
Secretary of Health, Education, and Welfare is authorized to provide 
for an autopsy to be performed on such miner, with the consent of his 
surviving widow or, if he has no such widow, then with the consent 
of his surviving next of kin. The results of such autopsy shall be sub-
mitted to the Secretary of Health, Education, and Welfare and, with 
the consent of such survivor, to the miner's physician or other inter-
ested person. Such autopsy shall be paid for by the Secretary of 
Health, Education, and Welfare. 
DUST FROM DRILLING ROCK 
SEC. 204. The dust resulting from drilling in rock shall be controlled 
by the use of permissible dust collectors, or by water or water with a 
wetting agent, or by ventilation, or by any other method or device 
approved by the Secretary which is at least as effective in controlling 
such dust. Respiratory equipment approved by the Secretary and the 
Secretary of Health, Education, and Welfare shall be provided per-
Ante, p. 745. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
765 
sons exposed for short periods to inhalation hazards from gas, dusts, 
fumes, or mist. When the exposure is for prolonged periods, other 
measures to protect such persons or to reduce the hazard shall be 
taken. 
DUST STANDARD W H E N QUARTZ IS PRESENT 
SEC. 205. In coal mining operations where the concentration of 
respirable dust in the mine atmosphere of any working place con-
tains more than 5 per centum quartz, the Secretary of Health, Educa-
tion, and Welfare shall prescribe an appropriate formula 
for 
determining the applicable respirable dust standard under this title 
for such working place and the Secretary shall apply such formula 
in carrying out his duties under this title. 
NOISE STANDARD 
SEC. 206. On and after the operative date of this title, the standards 
on noise prescribed under the Walsh-Healey Public Contracts Act, as 
amended, in effect October 1, 1969, shall be applicable to each coal 
J i use 3^5'note. 
mine and each operator of such mine shall comply with them. Within 
six months after the date of enactment of this Act, the Secretary of 
Health, Education, and Welfare shall establish, and the Secretary 
shall publish, as provided in section 101 of this Act, proposed manda-
tory health standards establishing maximum noise exposure levels for 
all underground coal mines. Beginning six months after the opera-
tive date of this title, and at intervals of at least every six months 
thereafter, the operator of each coal mine shall conduct, in a manner 
prescribed by the Secretary of Health, Education, and Welfare, tests 
by a qualified person of the noise level at the mine and report and 
certify the results to the Secretary and the Secretary of Health, 
Education, and Welfare, In meeting such standard under this sec-
tion, the operator shall not require the use of any protective device 
or system, including personal devices, which the Secretary or his 
authorized representative finds to be hazardous or cause a hazard 
to the miners in such mine. 
s 
TITLE III—INTERIM MANDATORY SAFETY STANDARDS 
FOR UNDERGROUND COAL MINES 
COVERAGE 
SEC. 301, (a) The provisions of sections 302 through 318 of this 
title shall be interim mandatory safety standards applicable to all 
underground coal mines until superseded in whole or in part by 
improved mandatory safety standards promulgated by the Secretary 
under the provisions of section 101 of this Act, and shall be enforced in 
the same manner and to the same extent as any mandatory safety 
standard promulgated under section 101 of this Act, Any orders issued 
in the enforcement of the interim standards set forth in this title shall 
be subject to review as provided in title I of this Act, 
(b) The purpose of this title is to provide for the immediate applica-
tion of mandatory safety standards developed on the basis of experi-
ence and advances in technology and to prevent newly created hazards 
resulting from new technology in coal mining. The Secretary shall 
immediately initiate studies, investigations, and research to further 
upgrade such standards and to develop and promulgate new and 
766 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
improved standards promptly that will provide increased protection 
to the miners, particularly in connection with hazards from trolley 
wires, trolley feeder wires, and signal wires, the splicing and use of 
trailing cables, and in connection with improvements in vulcanizing of 
electric conductors, improvement in roof control measures, methane 
drainage in advance of mining, improved methods of measuring meth-
ane and other explosive gases and oxygen concentrations, and the use 
of improved underground equipment and other sources of power for 
such equipment. 
Modifications. 
(
^
^
.
^ Upou petition by the operator or the representative of miners, 
the Secretary may modify the application of any mandatory safety 
standard to a mine if the Secretary determines that an alternative 
method of achieving the result of such standard exists which will at 
all times guarantee no less than the same measure of protection 
afforded the miners of such mine by such standard, or that the applica-
tion of such standard to such mine will result in a diminution of safety 
to the miners in such mine. Upon receipt of such petition the Secretary 
shall publish notice thereof and give notice to the operator or the repre-
sentative of miners in the afl'ected 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 and the representative of miners in such mine 
or other interested party to present information relating to the modifi-
cation of such standard. The Secretary shall issue a decision incorpo-
rating 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 subiect to section 554 of title 
80 Stat. 384. 
5 ^^ ^j^^ United States Code. 
(d) In any case where the provisions of sections 302 to 818, inclu-
sive, of this title provide that certain actions, conditions, or require-
ments shall be carried out as prescribed by the Secretary, or the 
Secretary of Health, Education, and Welfare, as appropriate, the 
provisions of section 553 of title 5 of the United States Code shall 
apply unless either Secretary otherwise provides. Before granting any 
exception to a mandatory safety standard as authorized by this title, 
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 coal mine. 
ROOF SUPPORT 
SEC. 302. (a) Each operator shall undertake to carry out on a 
continuing basis a program to improve the roof control system of 
each coal mine and the means and measures to accomplish such sys-
tem. The roof and ribs of all active underground roadways, travel-
ways, and working places shall be supported or otherwise controlled 
adequately to protect persons from falls of the roof or ribs. A roof 
control plan and revisions thereof suitable to the roof conditions and 
mining system of each coal mine and approved by the Secretary shall 
be adopted and set out in printed form Avithin sixty days after the 
operative date of this title. The plan shall show the type of support 
and spacing approved by the Secretary. Such plan shall be reviewed 
perioclically, at least every six months by the Secretary, taking into 
consideration any falls of roof or ribs or inadequacy of support of 
roof or ribs. No person shall proceed beyond the last permanent sup-
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1%9 
767 
port unless adequate temporary support is provided or unless such 
temporary support is not required under the approved roof control 
plan and the absence of such support will not pose a hazard to the 
miners. A copy of the plan shall be furnished the Secretary or his 
authorized representative and shall be available to the miners and 
their representatives. 
(b) The niethod of mining followed in any coal mine shall not 
expose the miner to unusual dangers from roof falls caused by exces-
sive widths of rooms and entries or faulty pillar recovery methods. 
(c) The operator, in accordance with the approved plan, shall pro-
vide at or near each working face and at such other locations in the 
coal mine as the Secretary may prescribe an ample supply of suitable 
materials of proper size with which to secure the roof of all working 
places in a safe manner. Safety posts, jacks, or other approved devices 
shall be used to protect the workmen when roof material is being taken 
down, crossbars are being installed, roof boltholes are being drilled, 
roof bolts are being installed, and in such other circumstances as may 
be appropriate. Loose roof and overhanging or loose faces and ribs 
shall be taken down or supported. Except in the case of recovery work, 
supports knocked out shall be replaced promptly. 
(d) When installation of roof bolts is permitted, such roof bolts 
shall be tested in accordance with the approved roof control plan. 
(e) Roof bolts shall not be recovered where complete extractions of 
pillars are attempted, where adjacent to clay veins, or at the locations 
of other irregularities, whether natural or otherwise, that induce 
abnormal hazards. Where roof bolt recovery is permitted, it shall be 
conducted only in accordance with methods prescribed in the approved 
roof control plan, and shall be conducted by experienced miners and 
only where adequate temporary support is provided. 
(f) Where miners are exposed to danger from falls of roof, face, 
and ribs the operator shall examine and test the roof, face, and ribs 
before any work or machine is started, and as frequently thereafter as 
may be necessary to insure safety. When dangerous conditions are 
fovmd, they shall be corrected immediately. 
VENTILATION 
SEC. 303. (a) All coal mines shall be ventilated by mechanical ven-
tilation equipment installed and operated in a manner approved by an 
authorized representative of the Secretary and such equipment shall 
be examined daily and a record shall be kept of such examination. 
(b) All active workings shall be ventilated by a current of air con-
taining not less than 19.5 volume per centum of oxygen, not more than 
0.5 volume per centum of carbon dioxide, and no harmful quantities of 
other noxious or poisonous gases; and the volume and velocity of the 
current of air shall be sufficient to dilute, render harmless, and to carry 
away, flammable, explosive, noxious, and harmful gases, and dust, and 
smoke and explosive fumes. The minimum quantity of air reaching the 
last open crosscut in any pair or set of developing entries and the last 
ojjen crosscut in any pair or set of rooms sliall be nine thousand cubic 
feet a minute, and the minimum quantity of air reaching the intake 
end of a pillar line shall be nine thousand cubic feet a mmute. The 
minimum quantity of air in any coal mine reaching each working face 
shall be three thousand cubic feet a minute. Within three months after 
the operative date of this title, the Secretary shall prescribe the mini-
mum velocity and quantity of air reaching each working face of each 
coal mine in order to render harmless and carry away methane and 
Pre-shift exami-
nations. 
768 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
other explosive gases and to reduce the level of respirable dust to the 
lowest attainable level. The authorized representative of the Secretary 
may require in any coal mine a greater quantity and velocity of air 
when he finds it necessary to protect the health or safety of miners. 
Within one year after the operative date of this title, the Secretary or 
his authorized representative shall prescribe the maximum respirable 
dust level in the intake aircourses in each coal mine in order to reduce 
such level to the lowest attainable level. In robbing areas of anthracite 
mines, where the air currents cannot be controlled and measurements 
of the air cannot be obtained, the air shall have perceptible movement, 
(c) (1) Properly installed and adequately maintamed line brattice 
or other approved devices shall be continuously used from the last 
open crosscut of an entry or room of each working section to provide 
adequate ventilation to the working faces for the miners and to remove 
flammable, explosive, and noxious gases, dust, and explosive fumes, 
unless the Secretary or his authorized representative permits an excep-
tion to this requirement, where such exception will not pose a hazard 
to the miners. When damaged by falls or otherwise, such line brattice 
or other devices shall be repaired immediately. 
(2) The space between the line brattice or other approved device 
and the rib shall be large enough to permit the flow of a sufficient vol-
ume and velocity of air to keep the working face clear of flammable, 
explosive, and noxious gases, dust, and explosive fumes. 
(3) Brattice cloth used underground shall be of 
flame-resistant 
material. 
(d)(1) Within three hours immediately preceding the beginning 
of any shift, and before any miner in such shift enters the active work-
ings of a coal mine, certified persons designated by the operator of the 
mine shall examine such workings and any other underground area 
of the mine designated by the Secretary or his authorized representa-
tive. Each such examiner shall examine every working section in such 
workings and shall make tests in each such working section for 
accumulations of methane with means approved by the Secretary for 
detecting methane and shall make tests for oxygen deficiency with a 
permissible flame safety lamp or other means approved by the Secre-
tary ; examine seals and doors to determine whether they are function-
ing properly; examine and test the roof, face, and rib conditions in 
such working section; examine active roadways, travelways, and belt 
conveyors on which men are carried, approaches to abandoned areas, 
and accessible falls in such section for hazards; test by means of an 
anemometer or other device approved by the Secretary to determine 
whether the air in each split is traveling in its proper course and in 
normal volume and velocity: and examine for such other hazards and 
violations of the mandatory health or safety standards, as an author-
ized representative of the Secretary may from time to time require. 
Belt conveyors on which coal is carried shall be examined after each 
coal-producing shift has begun. Such mine examiner shall place his 
initials arid the date and time at all places he examines. If such mine 
examiner finds a condition which constitutes a violation of a manda-
tory health or safety standard or any condition which is hazardous to 
persons who may enter or be in such area, he shall indicate such 
hazardous place by posting a "DANGER" sign conspiciously at all 
points which persons entering such hazardous place would be required 
to pass, and shall notify the operator of the mine. No person, other 
than an authorized representative of the Secretary or a State mine 
inspector or persons authorized by the operator to enter such place 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
769 
for the purpose of eliminating the hazardous condition therein, shall 
enter such place while such sign is so posted. Upon completing his 
examination, such mine examiner shall report the results of his 
examination to a person, designated by the operator to receive such 
reports at a designated station on the surface of the mine, before other 
persons enter the underground areas of such mine to work in such 
shift. Each such mine examiner shall also record the results of his 
Records. 
examination with ink or indelible pencil in a book approved by the 
Secretary kept for such purpose in an area on the surface of the 
mine chosen by the operator to minimize the danger of destruction by 
fire or other hazard, and the record shall be open for inspection by 
interested persons. 
(2) No person (other than certified persons designated under this 
subsection) shall enter any underground area, except during any shift, 
unless an examination of such area as prescribed in this subsection 
has been made within eight hours immediately preceding his entrance 
into such area. 
(e) At least once during each coal-producing shift, or more often 
if necessary for safety, each working section shall be examined for 
hazardous conditions by certified persons designated by the operator 
to do so. Any svich condition shall be corrected immediately. If such 
condition creates an imminent danger, the operator shall w^ithdraw^ 
all persons from the area affected by such condition to a safe area, 
except those persons referred to in section 104(d) of this Act, until the 
^"'®' P- '^^^• 
danger is abated. Such examination shall include tests for methane 
with a means approved by the Secretary for detecting methane and 
for oxygen deficiency with a permissible flame safety lamp or other 
means approved by the Secretary. 
(f) In addition to the pre-shift and daily examinations required by 
weekly exami-
^
.
^
'
. 
•
•
(
•
! 
1 
T • 
' i f 
nations for haz-
this section, examinations tor hazardous conditions, including tests ardous conditions. 
for methane, and for compliance with the mandatory health or safety 
standards, shall be made at least once each week by a certified person 
designated by the operator in the return of each split of air where it 
enters the main return, on pillar falls, at seals, in the main return, at 
least one entry of each intake and return aircourse in its entirety, idle 
workings, and, insofar as safety considerations permit, abandoned 
areas. Such weekly examination need not be made during any week in 
w hich the mine is idle for the entire week, except that such examina-
tion shall be made before any other miner returns to the mine. The 
person making such examinations and tests shall place his initials and 
the date and time at the places examined, and if any hazardous con-
dition is found, such condition shall be reported to the operator 
promptly. Any hazardous condition shall be corrected immediately. 
If such condition creates an imminent danger, the operator shall with-
draw all persons from the area affected by such condition to a safe 
area, except those persons referred to in section 104(d) of this Act, 
until such danger is abated. A record of these examinations, tests, and 
Records. 
actions taken shall be recorded in ink or indelible pencil in a book 
approved by the Secretary kept for such purpose in an area on the 
surface of the mine chosen by the mine operator to minimize the dan-
ger of destruction by fire or other hazard, and the record shall be open 
for inspection by interested persons. 
(g) At least once each week, a qualified person shall measure the tio^^exlmrnatVons. 
volume of air entering the main intakes and leaving the main returns, 
the volume passing through the last open crosscut in any pair or set of 
developing entries and the last open crosscut in any pair or set of 
nations 
770 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
rooms, the volume and, when the Secretary so prescribes, the velocity 
reaching each working face, the volume being delivered to the intake 
end of each pillar line, and the volume at the intake and return of each 
Records. 
Split of air. A record of such measurements shall be recorded in ink or 
indelible pencil in a book approved by the Secretary kept for such 
purpose in an area on the surface of the coal mine chosen by the opera-
tor to minimize the danger of destruction by fire or other hazard, and 
the record shall be open for inspection by interested persons. 
.Ho'n«^"^ exami- 
^}j^ ^2) At thc start of each shift, tests for methane shall be made 
''""''' 
at each working place immediately before electrically operated equip-
ment is energized. Such tests shall be made by qualified persons. 
If 1.0 volume per centum or more of methane is detected, electrical 
equipment shall not be energized, taken into, or operated in, such 
working place until the air therein contains less than 1.0 volume per 
centum of metliane. Examinations for methane shall be made during 
the operation of such equipment at intervals of not more than twenty 
minutes during each shift, unless more frequent examinations are 
required by an authorized representative of the Secretary. In con-
ducting such tests, such person shall use means approved by the 
Secretary for detecting methane. 
(2) If at any time the air at any working place, when tested at a 
point not less than twelve inches from the roof, face, or rib, contains 
1.0 volume per centum or more of methane, changes or adjustments 
shall be made at once in the ventilation in such mine so that such air 
shall contain less than 1.0 volume per centum of methane. While such 
changes or adjustments are underway and until they have been 
achieved, power to electric face equipment located in such place shall 
be cut off, no other work shall be permitted in such place, and due 
precautions shall be carried out under the direction of the operator 
or his agent so as not to endanger other areas of the mine. If at any 
time such air contains 1.5 volume per centum or more of methane, 
all persons, except those referred to in section 104(d) of this Act, shall 
be withdrawn from the area of the mine endangered thereby to a safe 
area, and all electric power shall be cut off from the endangered area 
of the mine, until the air in such working place shall contain less than 
1.0 volume per centum of methane. 
(i) (1) If, when tested, a split of air returning from any working 
section contains 1.0 volume per centum or more of methane, changes 
or adjustments shall be made at once in the ventilation in the mine so 
that such returning air shall contain less than 1.0 volume per centum 
of methane. Tests under this paragraph and paragraph (2) of this 
subsection shall be made at four-hour intervals during each shift by 
a qualified person designated by the operator of the mine. In making 
such tests, such person shall use means approved by the Secretary 
for detecting methane. 
(2) If, when tested, a split of air returning from any w^orking 
section contains 1.5 volume per centum or more of methane, all persons, 
except those persons referred to in section 104(d) of this Act, shall 
be withdrawn from the area of the mine endangered thereby to a safe 
area and all electric power shall be cut off from the endangered area 
of the mine, until the air in such split shall contain less than 1.0 vol-
ume per centum of methane. 
(3) In virgin territory, if the quantity of air in a split ventilating 
the active workings in such territory equals or exceeds twice the mini-
mum volume of air prescribed in subsection (b) of this section for the 
last open crosscut, if the air in the split returning from such workings 
Ante, 
p. 751. 
83 STAT. ] 
PUBLIC LAW 9M73-DEC. 30, 1969 
771 
does not pass over trolley wires or trolley feeder Avires, and if a certi-
fied person designated by the operator is continually testing the 
methane content of the air in such split during mining operations in 
such workings, it shall be necessary to withdraw all persons, except 
those referred to i]i section 104(d) of this Act, from the area of the 
^"'®' P* ''li-
mine endangered thereby to a safe area and all electric power shall 
be cut off from the endangered area only when the air returning from 
such workings contains 2.0 volume per centum or more of methane. 
(j) Air Vhich has passed by an opening of any abandoned area 
shall not be used to Aentilate any Avorking place in the coal mine if 
such air contains 0.25 A'olume per centum or more of methane. Exami-
nations of such air shall })e made during the pre-shift examination 
required by subsection (d) of this section. In making such tests, a 
certified person designated by the operator shall use means approved 
by the Secretai-y for detecting methane. P^'or the purposes of this sub-
section, an area Avithin a panel shall not be deemed to be abandoned 
until such panel is abandoned. 
(k) Air that lias passed through an abandoned area or an area 
Avhich is inaccessible or unsafe for inspection shall not be used to venti-
late any Avorking place in any mine. No air Avhich has been used to 
A entilate an area from Avliich the pillars have been removed shall be 
used to ventilate any Avorking place in a mine, except that such air, if 
it does not contain 0.25 volume per centum or more of methane, may he 
used to ventilate enough advancing Avorking places immediately adja-
cent to the line of retreat to maintain an orderly sequence of pillar 
recovery on a set of entries. 
(1) The Secretary or his authorized representative shall require, 
as an additional device for detecting concentrations of methane, that 
a methane monitor, approved as reliable by the Secretary after the 
operative date of this title, be installed, Avhen available, on any electric 
face cutting equipment, continuous miner, longAvall face equipment, 
and loading machine, except that no monitor shall be required to be 
installed on any such equipment prior to the date on Avhich such 
equipment is required to be permissible under section 305(a) of this 
title. When installed on any such equipment, such monitor shall be 
^°^*' P* ^^^ 
kept operative and properly maintained and frequently tested as pre-
scribed by the Secretary. The sensing deAnce of such monitor shall be 
installed as close to the AAorking face as practicable. Such monitor 
shall be set to deenergize automatically such equipment when such 
monitor is not operating properly and to give a Avarning automatically 
Avhen the concentration of methane reaches a maximum percentage 
determined by an authorized representatiA^e of the Secretary which 
shall not be more than 1.0 A'olume per centum of methane. An author-
ized representatiA^e of the Secretary shall require such monitor to 
deenergize automatically equipment on AV'hich it is installed AA'hen the 
concentration of methane reaches a maximum percentage determined 
by such representative A\-hich shall not be more than 2.0 A^olume per 
centum of methane. 
(m) Idle and abandoned areas shall be inspected for methane and 
for oxygen deficiency and other dangerous conditions by a certified 
person Avith means approved by the Secretary as soon as possible but 
not more than three hours before other persons are permitted to enter 
or Avork in such areas. Persons, such as pumpmen, Avho are required 
regularly to enter such areas in the performance of their duties, and 
Avho are trained and qualified in the use of means approved by the 
Methane moni-
tor. 
772 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Secretary for detecting methane and in the use of a permissible flame 
safety lamp or other means approved by the Secretary for detecting 
oxygen deficiency are authorized to make such examinations for them-
selves, and each such person shall be properly equipped and shall 
make such examinations upon entering any such area. 
(n) Immediately before an intentional roof fall is made, pillar 
workings shall be examined by a qualified person designated by the 
operator to ascertain whether methane is present. Such person shall use 
means approved by the Secretary for detecting methane. If in such 
examination methane is found in amounts of 1.0 volume per centum 
or more, such roof fall shall not be made until changes or adjustments 
are made in the ventilation so that the air shall contain less than 1.0 
volume per centum of methane. 
(o) A ventilation system and methane and dust control plan and 
revisions thereof suitable to the conditions and the mining system of 
the coal mine and approved by the Secretary shall be adopted by the 
operator and set out in printed form within ninety days after the 
operative date of this title. The plan shall show the type and location 
of mechanical ventilation equipment installed and operated in the 
mine, such additional or improved equipment as the Secretary may 
require, the quantity and velocity of air reaching each working face, 
and such otlier information as tlie Secretary may require. Such plan 
sliall be reviewed by the operator and the Secretary at least every six 
months. 
(p) Each operator shall provide for the proper maintenance and 
care of the permissible flame safety lamp or any other approved device 
for detecting methane and oxygen deficiency by a person trained in 
such maintenance, and, before each shift, care shall be taken to insure 
that saich lamp or other device is in a permissible condition. 
(q) Where areas are being pillared on the operative date of this title 
M'ithout bleeder entries, or without bleeder systems or an equivalent 
means, pillar recovery may be completed in the area, to the extent 
approved by an authorized representative of the Secretary, if the 
edges of pillar lines adjacent to active workings are ventilated with 
sufficient air to keep the air in open areas along the pillar lines below 
1.0 volume per centum of methane. 
(r) Each mechanized mining section shall be ventilated with a sep-
arate split of intake air directed by overcasts, undercasts, or the 
equivalent, except an extension of time, not in excess of nine months, 
may be permitted by the Secretary, under such conditions as he may 
prescribe, whenever he determines that this subsection cannot be 
complied Avith on the operative date of this title. 
(s) In all underground areas of a coal mine, immediately before 
firing each shot or group of multiple shots and after blasting is com-
pleted, examinations for methane shall be made by a qualified person 
with means approved by the Secretary for detecting methane. If meth-
ane is found in amounts of 1.0 volume per centum or more, changes 
or adjustments shall be made at once in the ventilation so that the air 
shall contain less than 1.0 volume per centum of methane. No shots 
shall be fired until the air contains less than 1.0 volume per centum 
of methane. 
(t) Each operator shall adopt a plan within sixty days after the 
^ 
operative date of this title which shall provide that when any mine 
fan stops, immediate action shall be taken by the operator or his agent 
(1) to withdraw all persons from the working sections, (2) to cut off 
the power in the mine in a timely manner, (3) to provide for restora-
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
773 
tion of f>ower and resumption of work if ventilation is restored witliin 
a reasonable period as set forth in the plan after the working places 
and other active workings where methane is likely to accumulate are 
reexamined by a certified person to determine if methane in amounts 
of 1.0 volume per centum or more exists therein, and (4) to provide 
for withdrawal of all persons from the mine if ventilation cannot be 
restored within such reasonable time. The plan and revisions thereof 
approved by the Secretary shall be set out in printed form and a copy 
shall be furnished to the Secretary or his authorized representative. 
(u) Changes in ventilation which materially affect the main air 
current or any split thereof and which may aft'ect the safety of persons 
in the coal mine shall be made only when the mine is idle. Only those 
persons engaged in making such changes shall be permitted in the 
mine during the change. Power shall be removed from the areas 
affected by the change before w^ork starts to make the change and shall 
not be restored until the effect of the change has been ascertained and 
the affected areas determined to be safe by a certified person. 
(v) The mine foreman shall read and countersign promptly the 
Reports. 
daily reports of the pre-shift examiner and assistant mine foremen, 
and he shall read and countersign promptly the weekly report covering 
the examinations for hazardous conditions. Where such reports disclose 
hazardous conditions, they shall be corrected promptly. If such condi-
tions create an imminent danger, the operator shall withdraw all 
persons from, or prevent any person from entering, as the case may be, 
the area affected by such conditions, except those persons referred to 
in section 104(d) of this Act, until such danger is abated. The mine 
^"*^' ^' '^^^' 
superintendent or assistant superintendent of the mine shall also read 
and countersign the daily and weekly reports of such persons. 
(w) Each day, the mine foreman and each of his assistants shall 
^^'^^ reports. 
enter plainly and sign with ink or indelible pencil in a book approved 
by the Secretary provided for that purpose a report of the condition 
of the mine or porti(m thereof under his supervision, which report 
shall state clearly the location and nature of any hazardous condition 
observed by him or reported to him during the day and what action 
was taken to remedy such condition. Such book shall be kept in an 
area on the surface of the mine chosen by the operator to minimize 
the danger of de>struction by fire or other hazard, and shall be open 
for inspection by interested persons. 
(x) Before a coal mine is reopened after having been abandoned or 
declared inactive by the operator, the Secretary shall be notified, and 
an inspection shall be made of the entire mine Sy an authorized repre-
sentative of the Secretary before mining operations commence. 
(y)(l) In any coal mine opened after the operative date of this 
title, the entries used as intake and return aircourses shall be separated 
from belt haulage entries, and each operator of such mine shall limit 
the velocity of the air coursed through belt haulage entries to the 
amount necessary to provide an adequate supply of oxygen in such 
entries, and to insure that the air therein shall contain less than 1.0 
volume per centum of methane, and such air shall not be used to venti-
late active working places. Whenever an authorized representative of 
the Secretary finds, in the case of any coal mine opened on or prior to 
the operative date of this title which has been developed with more 
than two entries, that the conditions in the entries, other than belt 
haulage entries, are such as to permit adequately the coursing of intake 
or return air through such entries, (1) the belt haulage entries shall 
not be used to ventilate, unless such entries are necessary to ventilate, 
active working places, and (2) when the belt haulage entries are not 
31-100 O - 70 - 51 
774 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
necessary to ventilate the active working places, the operator of such 
mine shall limit the velocity of the air coursed through the belt haul-
age entries to the amount necessary to provide an adequate supply of 
oxygen in such entries, and to insure that the air therein shall contain 
less than 1.0 volume per centum of methane. 
(2) In any coal mine opened on or after the operative date of this 
title, or, in the case of a coal mine opened prior to such date, in any 
new working section of such mine, w^iere trolley haulage systems are 
maintained and where trolley wires or trolley feeder wires are 
installed, an authorized representative of the Secretary shall require a 
sufficient number of entries or rooms as intake aircourses in order to 
limit, as prescribed by the Secretary, the velocity of air currents on 
such haulageways for the purpose of minimizing the hazards associ-
ated with fires and dust explosions in such haulageways. 
(z) (1) While pillars are being extracted in any area of a coal mine, 
such area shall be ventilated in the manner prescribed by this section. 
(2) Within nine months after the operative date of this title, al] 
areas from which pillars have been wholly or partially extracted and 
abandoned areas, as determined by the Secretary or his authorized 
representative, shall be ventilated by bleeder entries or by bleeder sys-
tems or equivalent means, or be sealed, as determined by the Secretary 
or his authorized representative. When ventilation of such areas is 
required, such ventilation shall be maintained so as continuously to 
dilute, render harmless, and carry away methane and other explosive 
gases within such areas and to protect the active workings of the mine 
from the hazards of such methane and other explosive gases. Air 
coursed through underground areas from which pillars have been 
wholly or partially extracted which enters another split of air shall 
not contain more than 2.0 volume per centum of methane, when tested 
at the point it enters such other split. When sealing is required, such 
seals shall be made in an approved manner so as to isolate with 
explosion-proof bulkheads such areas from the active workings of the 
mine. 
(3) In the case of mines opened on or after th? operative date of 
this title, or in the case of working sections opened on or after such 
date in mines opened prior to such date, the mining system shall be 
desifirned in accordance with a plan and revisions thereof approved by 
the Secretary and adopted by such operator so that, as each working 
section of the mine is abandoned, it can be isolated from the active 
workings of the mine Avith explcsion-proof seals or bulkheads. 
COMBUSTIBLK MATERIALS AX'D KOCK D r S T l N G 
SEC. 304. (a) Coal dust, including float coal dust deposited on rock-
dusted surfaces, loose coal, and other combustible materials, shall be 
cleaned up and not be permitted to accumulate in active workings, or 
on electric equipment therein, 
(b) Where underground mining operations in active workings 
create or raise excessive amounts of dust, water or water with a wet-
ting agent added to it, or other no less effective methods approved by 
the Secretary or his authorized representative, shall be used to abate 
such dust. In working places, particularly in distances less than forty 
feet from the face, water, with or without a wetting aarent, or other 
no less effective methods approved by the Secretary or his authorized 
representative, shall be applied to coal dust on the ribs, roof, and floor 
to reduce dispersibility and to minimize the explosion hazard. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
775 
(c) All underground areas of a coal mine, except those areas in 
which the dust is too wet or too high in incombustible content to propa-
gate an explosion, shall be rock dusted to within forty feet of all 
working faces, unless such areas are inaccessible or unsafe to enter or 
unless the Secretary or his authorized representative permits an excep-
tion upon his finding that such exception will not pose a hazard to the 
miners. All crosscuts that are less than forty feet from a working face 
shall also be rock dusted. 
(d) Where rock dust is required to be applied, it shall be distributed 
upon the top, floor, and sides of all underground areas of a coal mine 
and maintained in such quantities that the incombustible content of 
the combined coal dust, rock dust, and other dust shall be not less than 
65 per centum, but the incombustible content in the return aircourses 
shall be no less than 80 per centum. Where methane is present in any 
ventilating current, the per centum of incombustible content of such 
combined dusts shall be increased 1.0 and 0.4 per centum for each 0.1 
per centum of methane w^here 65 and 80 per centum, respectively, of 
incombustibles are required. 
(e) Subsections (b) through (d) of this section shall not apply to hiu""^^^^'''^* 
underground anthracite mines. 
bility. 
ELECTRICAL EQUIPMENT—GENERAL 
SEC. 305. (a) (1) Effective one year after the operative date of this 
title— 
(A) all junction or distribution boxes used for making mul-
tiple power connections inby tlie last open crosscut shall be 
permissible; 
(B) all handheld electric drills, blower and exhaust fans, elec-
tric pumps, and such other low horsepower electric face equip-
ment as the Secretary may designate within two months after the 
operative date of this title which are taken into or used inby the 
last open crosscut of any coal mine shall be permissible; 
(C) all electric face equipment which is taken into or used 
inby the last open crosscut of any coal mine classified under any 
provision of law as gassy prior to the operative date of this title 
shall be permissible; and 
(D) all other electric face equipment which is taken into or 
used inby the last crosscut of any coal mine, except a coal mine 
referred to in paragraph (2) of this subsection, which has not 
been classified under any provision of law as a gassy mine prior 
to the operative date of this title shall be permissible. 
(2) Effective four years after the operative date of this title, all ^^^^'il'^^^^"'''"°"" 
electric face equipment, other than ec[uipment referred to in para- ''""'^ la^ce. 
graph (1) (B) of this subsection, which is taken into or used inby 
the last open crosscut of any coal mine which is operated entirely in 
coal seams located above the watertable and which has not been classi-
fied under any provision of law as a gassy mine prior to the operative 
date of this title and in which one or more openings were made prior 
to the date of enactment of this Act, shall be permissible, except that 
any operator of such mine who is unable to comply with the provisions 
of this paragraph on such effective date may file with the^ Panel an 
application tor a permit for noncompliance ninety days prior to such 
date. If the Panel determines, after notice to all interested persons 
and an opportunity for a public hearing under section 5 of this Act, 
^"*^' ?• 744. 
that such application satisfies the provisions of paragraph (10) of this 
776 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Survey, publi-
cation. 
Permit for non-
compliance. 
Permit renewal. 
Ante, p. 744. 
Permit limita-
tion. 
subsection and that such operator, despite his diligent efforts, will be 
unable to comply with such provisions, the Panel may issue to such 
operator such a permit. Such permit shall entitle the permittee to an 
additional extension of time to comply with the provisions of this 
paragraph of not to exceed twenty-four months, as determined by the 
Panel, from such effective date. 
(3) The operator of each coal mine shall maintain in permissible 
condition all electric face equipment required by this subsection to be 
permissible which is taken into or used inby the last open crosscut of 
any such mine. 
(4) Each operator of a coal mine shall, within two months after 
the operative date of this title, file with the Secretary a statement 
listing all electric face equipment by type and manufacturer being 
used by such operator in connection with mining operations in such 
mine as of the date of such filing, and stating whether such equip-
ment is permissible and maintained in permissible condition or is 
nonpermissible on such date of filing, and, if nonpermissible, whether 
such nonpermissible equipment has ever been rated as permissible, 
and such other information as the Secretary may require. 
(5) The Secretary shall promptly conduct a survey as to the total 
availability of new or rebuilt permissible electric face equipment and 
replacement parts for such equipment and, within six months after 
the operative date of this title, publish the results of such survey. 
(6) Any operator of a coal mine who is unable to comply with the 
provisions of paragraph (1)(D) of this subsection within one year 
after the operative date of this title may file with the Panel an appli-
cation for a permit for noncompliance. If the Panel determines that 
such application satisfies the provisions of paragraph (10) of this 
subsection, the Panel shall issue to such operator a permit for non-
compliance. Such permit shall entitle the permittee to an extension 
of time to comply with such provisions of paragraph (1) (D) of not 
to exceed twelve months, as determined by the Panel, from the date 
that compliance with the provisions of paragraph (1)(D) of this 
subsection is required. 
(7) Any operator of a coal mine issued a permit under paragraph 
(6) of this subsection who, ninety days prior to the termination of 
such permit, or renewal thereof, determines that he will be unable to 
comply with the provisions of paragraph (1) (D) of this subsection 
upon the expiration of such permit may file with the Panel an applica-
tion for renewal thereof. Upon receipt of such application, the Panel, 
if it determines, after notice to all interested persons and an oppor-
tunity for a public hearing under section 5 of this Act, that such appli-
cation satisfies the provisions of paragraph (10) of this subsection 
and that such operator, despite his diligent efforts, will be unable to 
comply with the provisions of paragraph (1)(D), may renew the 
permit for a period not exceeding twelve months. 
(8) Any permit or renewal thereof issued pursuant to this subsec-
tion shall entitle the permittee to use such nonpermissible electric face 
equipment specified in the permit during the term of such permit. 
(9) Permits for noncompliance issued under paragraphs (6) or (7) 
of this subsection shall, in the aggregate, not extend the period of 
noncompliance more than forty-eight months after the date of enact-
ment of this Act. 
(10) Any application for a permit of noncompliance filed under 
this subsection shall contain a statement by the operator— 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
777 
(A) that he is unable to comply with paragraph (1) (D) or 
paragraph (2) of this subsection, as appropriate, within the time 
prescribed; 
(B) listing the nonpermissible electric face equipment being 
used by such operator in connection with mining operations in 
such mine on the operative date of this title and the date of the 
application by type and manufacturer for which a noncompliance 
permit is requested and whether such equipment had ever been 
rated as permissible; 
(C) setting forth the actions taken from and after the opera-
tive date of this title to comply with paragraph (1) (D) or para-
graph (2) of this subsection, as appropriate, together with a plan 
setting forth a schedule of compliance with said paragraphs for 
each such equipment referred to in such paragraphs and being 
used by the operator in connection with mining operations in such 
mine with respect to which such permit is requested and the 
means and measures to be employed to achieve compliance; and 
(D) including such other information as the Panel may require. 
(11) No permit for noncompliance shall be issued under this sub-
section for any nonpermissible electric face equipment, unless such 
equipment was being used by an operator in connection with the 
mining operations in a coal mine on the operative date of this title. 
(12) Effective one year after the operative date of this title, all 
replacement equipment acquired for use in any mine referred to in 
this subsection shall be permissible and shall be maintained in a 
permissible condition, and in the event of any major overhaul of any 
item of equipment in use one year from the operative date of this title 
such equipment shall be put in, and thereafter maintained in, a per-
missible condition, unless, in the opinion of the Secretary, such equip-
ment or necessary replacement parts are not available. 
(b) A copy of any permit granted under this section shall be mailed 
immediately to a representative of the miners of the mine to which it 
pertains, and to the public official or agency of the State charged with 
administering State laws relating to coal mine health and safety in 
such mine. 
(c) Any coal mine which, prior to the operative date of this title, 
was classed gassy under any provision of law and was required to use 
permissible electric face equipment and to maintain such equipment 
in a permissible condition shall continue to use such equipment and 
to maintain such equipment in such condition. 
(d) All power-connection points, except where permissible power 
connection units are used, outby the last open crosscut shall be in 
intake air. 
(e) The location and the electrical rating of all stationary electric 
"^'"^ ""^P-
apparatus in connection with the mine electric system, including 
permanent cables, switchgear, rectifying substations, transformers, 
permanent pumps and trolley wires and trolley feeder wires, and set-
tings of all direct-current circuit breakers protecting underground 
trolley circuits, shall be shown on a mine map. Any changes made in 
a location, electric rating, or setting shall be promptly shown on the 
map when the change is made. Such map shall be available to an 
authorized representative of the Secretary and to the miners in such 
mine. 
(f) All power circuits and electric equipment shall be deenergized 
before work is done on such circuits and equipment, except when 
778 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
jiecessary for trouble sliooting or testing. In addition, energized trol-
ley wires may be repaired only by a person trained to perform electri-
cal work and to maintain electrical equipment and the operator of such 
mine shall require that such person wear approved and tested insulated 
shoes and wireman's gloves, Xo electrical work shall be performed on 
low-, medium-, or high-voltage distribution circuits or equipment, 
except by a qualified pei'son or by a person trained to perform electri-
cal work and to maintain electrical equipment under the direct super-
vision of a qualified person. Disconnecting devices shall be locked out 
and suitably tagged by the persons who performed such work, except 
that, in cases wdiere locking out is not possible, such devices shall be 
opened and suitably tagged by such persons. Locks or tags shall be 
removed only by the persons who installed them or, if such persons 
are unavailable, by persons authorized by the operator or his agent. 
Electrical 
(g) J^\i electric equipment shall be frequently examined, tested, and 
examklauons. 
i)roperly maintained by a qualified person to assure safe operating 
conditions. When a potentially dangerous condition is found on electric 
equipment, such equipment shall be removed from service until such 
Records. 
coudition is corrected. A record of such examinations shall be kept and 
made available to an authorized representative of the Secretary and to 
the miners in such mine. 
(h) All electric conductors shall be sufficient in size and have ade-
quate current-carrying capacity and be of such construction that a rise 
in temperature resulting from normal operation will not damage the 
insulatnig materials. 
(i) All electrical connections or splices in conductors shall be 
mechanically and electrically efficient, and suitable connectors shall be 
used. All electrical connections or splices in insulated wire shall be 
reinsulated at least to the same degree of protection as the remainder 
of the wire. 
(j) Cables shall enter metal frames of motors, splice boxes, and elec-
tric compartments only through proper fittings. When insulated wires 
other than cables pass through metal frames the holes shall be substan-
tially bushed with insulated bushings. 
(k) All power wires (except trailing cables on mobile equipment, 
specially designed cables conducting high-voltage power to under-
ground rectifying equipment or transformers, or bare or insulated 
ground and return wires) shall be supported on well-insulated insu-
lators and shall not contact combustible material, roof, or ribs. 
(1) Power wires and cables, except trolley wires, trolley feeder 
wires, and bare signal wires, shall be insulated adequately and fully 
protected. 
(m) Automatic circuit-breaking devices or fuses of the correct type 
and capacity shall be installed so as to protect all electric equipment 
and circuits against short circuit and overloads. Three-phase motors 
on all electric equipment shall be provided with overload protection 
that will deenergize all three phases in the event that any phase is 
overloaded. 
(n) In all main power circuits, disconnecting switches shall be 
installed underground within five hundred feet of the bottoms of 
shafts and boreholes through which main power circuits enter the 
underground area of the mine and within five hundred feet of all 
other places where main power circuits enter the underground area of 
the mine. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
779 
(o) All electric equipment shall be provided with switches or other 
controls that are safely designed, constructed, and installed. 
(p) Each ungrounded, exposed power conductor that leads under-
ground shall be equipped with suitable lightning arresters of approved 
type within one hundred feet of the point where the circuit enters the 
mine. Lightning arresters sliall be connected to a low resistance ground-
ing medium on the surface which shall be separated from neutral 
grounds by a distance of not less than twenty-five feet. 
(q) Xo device for the purpose of lighting any coal mine which has 
not been approved by the Secretary or his authorized representative 
shall be permitted in such mine. 
(r) An authorized representative of the Secretary may require in 
any mine that electric face equipment be provided with devices that 
will permit the equipment to be deenergized quickly in the event of 
an emergency. 
TRAILING 
CABLES 
SEC. 306. (a) Trailing cables used in coal mines shall meet the 
requirements established by the Secretary for flame-resistant cables. 
(b) Short-circuit protection for trailing cables shall be provided by 
an automatic circuit breaker or other no less effective device approved 
by the Secretary of adequate current-interrupting capacity in each 
ungrounded conductor. Disconnecting devices used to disconnect 
power from trailing cables shall be plainly marked and identified and 
such devices shall be equipped or designed in such a manner that it 
can be determined by visual observation that the power is disconnected. 
(c) When two or more trailing cables junction to the same distribu-
tion center, means shall be provided to assure against connecting a 
trailing cable to the wrong size circuit breaker. 
(d) One temporary splice may be made in any trailing cable. Such 
trailing cable may only be used tor the next twenty-four hour period. 
No temporary splice shall be made in a trailing cable within twenty-
five feet of the machine, except cable reel equipment. Temporary 
splices in trailing cables shall be made in a workmanlike manner and 
shall be mechanically strong and well insulated. Trailing cables or 
hand cables which have exposed wires or which have splices that heat 
or spark under load shall not be used. As used in this subsection, the 
"spiice." 
term "splice" means the mechanical joining of one or more conductors 
that have been severed. 
(e) When permanent splices in trailing cables are made, they shall 
be— 
(1) mechanically strong with adequate electrical conductivity 
and flexibility; 
(2) effectively insulated and sealed so as to exclude moisture; 
and 
(3) vulcanized or otherwise treated with suitable materials to 
provide flame-resistant qualities and good bonding to the outer 
jacket. 
(f) Trailing cables shall be clamped to machines in a manner to 
protect the cables from damage and to prevent strain on the electrical 
connections. Trailing cables shall be adequately protected to prevent 
damage by mobile equipment. 
(g) Trailing cable and power cable connections to junction boxes 
shall not be made or broken under load. 
780 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
GROUNDING 
SEC. 307. (a) All metallic sheaths, armors, and conduits enclosing 
power conductors shall be electrically continuous throughout and shall 
be grounded by methods approved by an authorized representative of 
the Secretary. Metallic frames, casings, and other enclosures of electric 
equipment that can become "alive" through failure of insulation or by 
contact with energized parts shall be grounded by methods approved 
by an authorized representative of the Secretary. Methods other than 
grounding which provide no less effective protection may be permitted 
by the Secretary or his authorized representative. 
(b) The frames of all offtrack direct current machines and the 
enclosures of related detached components shall be 
effectively 
grounded, or otherwise maintained at no less safe voltages, by methods 
approved by an authorized representative of the Secretary. 
(c) The frames of all stationary high-voltage equipment receiving 
power from ungrounded delta systems shall be grounded by methods 
approved by an authorized representative of the Secretary. 
(d) High-voltage lines, both on the surface and underground, shall 
be deenergized and grounded before work is performed on them, except 
that repairs may be permitted, in the case of energized surface high-
voltage lines, if such repairs are made by a qualified person in accord-
ance with procedures and safeguards, including, but not limited to, a 
requirement that the operator of such mine provide, test, and maintain 
protective devices in making such repairs, to be prescribed by th6 
Secretary prior to the operative date of this title. 
(e) When not in use, power circuits underground shall be deener-
gized on idle days and idle shifts, except that rectifiers and trans-
formers may remain energized. 
' 
UNDERGROUND HIGH-VOLTAGE 
DISTRIBUTION 
SEC. 308. (a) High-voltage circuits entering the underground area 
of any coal mine shall be protected by suitable circuit breakers of ade-
quate interrupting capacity which are properly tested and maintained 
as prescribed by the Secretary. Such breakers shall be equipped with 
devices to provide protection against under-voltage, grounded phase, 
short circuit, and overcurrent. 
(b) High-voltage circuits extending underground and supplying 
portable, mobile, or stationary high-voltage equipment shall contain 
either a direct or derived neutral which shall be grounded through a 
suitable resistor at the source transformers, and a grounding circuit, 
originating at the grounded side of the grounding resistor, shall 
extend along with the power conductors and serve as a grounding con-
ductor for the frames of all high-voltage equipment supplied power 
from that circuit, except that the Secretary or his authorized repre-
sentative may permit ungrounded high-voltage circuits to be extended 
underground to feed stationary electrical equipment if such circuits 
are either steel armored or installed in grounded, rigid steel conduit 
throughout their entire length, and upon his finding that such excep-
tion does not pose a hazard to the miners. Within one hundred feet of 
the point on the surface where high-voltage circuits enter the under-
oTOund portion of the mine, disconnecting devices shall be installed 
and so equipped or designed in such a manner that it can be deter-
mined by visual observation that the power is disconnected, except that 
the Secretary or his authorized representative may permit such devices 
to be installed at a greater distance from such area of the mine if he 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
781 
determines, based on existing physical conditions, tliat such instalhi-
tion will be more accessible at a greater distance and Avill not pose any 
hazard to the miners. 
(c) The grounding resistor, where required, shall be of the proper 
ohmic value to limit the voltage drop in the grounding circuit external 
to the resistor to not more than 100 volts under fault conditions. The 
grounding resistor shall be rated for maximum fault current continu-
ously and insulated from ground for a voltage equal to tlie phase-to-
phase voltage of the system. 
(d) Six months after the operative date of this title, high-voltage, 
resistance grounded systems shall include a fail safe ground check cir-
cuit to monitor continuously the grounding circuit to assure continuity 
and the fail safe ground check circuit shall cause the circuit breaker 
to open when either the ground or pilot check wire is broken, or other 
no less effecti\'e device approved by the Secretary or his authorized 
representative to assure such continuity, except that an extension of 
time, not in excess of twelve months, may be permitted by the Secre-
tary on a mine-by-mine basis if he determines that such equipment is 
not available. 
(e) (1) Underground high-voltage cables used in resistance grounded 
systems shall be equipped with metallic shields around each power 
conductor, with one or more ground conductors having a total cross-
sectional area of not less than one-half the power conductor, and w4th 
an insulated internal or external conductor not smaller than No. 8 
(AWG) for the ground continuity check circuit. 
(2) All such cables shall be adequate for the intended current and 
voltage. Splices made in such cables shall provide continuity of all 
components. 
(f) Couplers that are used with medium-voltage or high-voltage 
power circuits shall be of the three-phase type with a full metallic 
shell, except that the Secretary may permit, under such guidelines as 
he may prescribe, no less effective couplers constructed of materials 
other than metal. Couplers shall be adequate for the voltage and cur-
rent expected. All exposed metal on the metallic couplers shall be 
grounded to the ground conductor in the cable. The coupler shall be 
constructed so that the ground check continuity conductor shall be 
broken first and the ground conductors shall be broken last when the 
coupler is being uncoupled. 
(g) Single-phase loads, such as transformer primaries, shall be 
connected phase to phase. 
(h) All underground high-voltage transmission cables shall be 
installed only in regularly inspected aircourses and haulageways, and 
shall be covered, buried, or placed so as to afford protection against 
damage, guarded where men regularly work or pass under them 
unless they are six and one-half feet or more above the floor or rail, 
securely anchored, properly insulated, and guarded at ends, and cov-
ered, insulated, or placed to prevent contact with trolley wires and 
other low-voltage circuits. 
(i) Disconnecting devices shall be installed at the beginning of 
branch lines in high-voltage circuits and equipped or designed in such 
a manner that it can be determined by visual observation that the cir-
cuit is deenergized when the switches are open. 
(j) Circuit breakers and disconnecting switches underground shall 
be marked for identification. 
(k) In the case of high-volt 
age cables used as trailing cables, tem-
porary splices shall not be used and all permanent splices shall be 
782 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
made in accordance with section 306(e) of this title. Terminations and 
splices in all other high-voltage cables shall be made in accordance 
with the manufacturer's specifications. 
(1) Frames, supporting structures, and enclosures of stationary, 
portable, or mobile underground high-voltage equipment and all high-
voltage equipment supplying power to such equipment receivmg 
power from resistance grounded systems shall be effectively grounded 
to the high-voltage ground. 
(m) Power centers and portable transformers shall be deenergized 
before they are moved from one location to another, except that, when 
equipment powered by sources other than such centers or transformers 
is not available, the Secretary may permit such centers and trans-
formers to be moved while energized, if he determines that another 
equivalent or greater hazard may otherwise be created, and if they are 
moved under the supervision of a qualified person, and if such centers 
and transformers are examined prior to such movement by such per-
son and found to be grounded by methods approved by an authorized 
representative of the Secretary and otherwise protected from hazards 
Records. 
^Q I}^Q miner. A record shall be kept of such examinations. High-volt-
age cables, other than trailing cables, shall not be moved or handled 
at any time while energized, except that, when such centers and trans-
formers are moved while energized as permitted under this subsection, 
energized high-voltage cables attached to such centers and trans-
formers may be moved only by a qualified person and the operator of 
such mine shall require that such person wear approved and tested 
insulated wireman's gloves. 
UNDERGROUND LOW- AND MEDIUM-VOLTAOiE ALTERNATING CURRENT 
CIRCUITS 
SEC. 309. (a) Low- and medium-voltage power circuits serving three-
phase alternating current equipment shall be protected by suitable 
circuit breakers of adequate interrupting capacity which are properly 
tested and maintained as prescribed by the Secretary. Such breakers 
shall be equipped with devices to provide protection against under-
voltage, grounded phase, short circuit, and over-current. 
(b) Low- and medium-voltage three-phase alternating-current cir-
cuits used underground shall contain either a direct or derived neutral 
which shall be grounded through a suitable resistor at the power 
center, and a grounding circuit, originating at the grounded side of 
the grounding resistor, shall extend along with the power conductors 
and serve as a grounding conductor for the frames of all the electrical 
equipment supplied power from that circuit, except that the Secretary 
or his authorized representative may permit ungrounded low- and 
medium-voltage circuits to be used underground to feed such sta-
tionary electrical equipment if such circuits are either steel armored 
or installed in grounded rigid steel conduit throughout their entire 
length. The grounding resistor, where required, shall be of the proper 
ohmic value to limit the ground fault current to 25 amperes. The 
grounding resistor shall be rated for maximum fault current con-
tinuously and insulated from ground for a voltage equal to the phase-
to-phase voltage of the system. 
(c) Six months after the operative date of this title, low- and 
medium-voltage resistance grounded systems shall include a fail safe 
ground check circuit to monitor continuously the grounding circuit 
to assure continuity which ground check circuit shall cause the circuit 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
783 
breaker to open when either the ground or pilot check wire is broken, 
or other no less effective device approved by the Secretary or his 
authorized representative to assure such continuity, except that an 
extension of time, not in excess of twelve months, may be permitted 
by the Secretary on a mine-by-mine basis if he determines that such 
equipment is not available. Cable couplers shall be constructed so that 
the ground check continuity conductor shall be broken first and the 
ground conductors shall be broken last when the coupler is being 
uncoupled. 
(d) Disconnecting devices shall be installed in conjunction with the 
circuit breaker to provide visual evidence that the power is discon-
nected. Trailing cables for mobile equipment shall contain one or 
more ground conductors having a cross sectional area of not less than 
one-half the power conductor, and, six months after the operative date 
of this title, an insulated conductor for the ground continuity check 
circuit or other no less effective device approved by the Secretary or 
his authorized representative to assure such continuity, except that an 
extension of time, not in excess of twelve months may be permitted by 
the Secretary on a mine-by-mine basis if he determines that such 
equipment is not available. Splices made in the cables shall provide 
continuity of all components. 
(e) Single phase loads shall be connected phase to phase. 
(f) Circuit breakers shall be marked for identification. 
(g) Trailing cables for medium voltage circuits shall include 
grounding conductors, a ground check conductor, and ground metallic 
shields around each power conductor or a grounded metallic shield 
over the assembly, except that on equipment employing cable reels, 
cables without shields may be used if the insulation is rated 2,000 volts 
or more. 
TROLLEY WIRES 
AND 
TROLLEY FEEDER WIRES 
SEC. 310. (a) Trolley wires and trolley feeder wires shall be pro-
vided with cutout switches at intervals of not more than 2,000 feet and 
near the beginning of all branch lines. 
(b) Trolley wires and trolley feeder wires shall be provided with 
overcurrent protection. 
(c) Trolley wires and trolley feeder wires, high-voltage cables and 
transformers shall not be located inby the last open crosscut and shall 
be kept at least 150 feet from pillar workings. 
(d) Trolley wires, trolley feeder wires, and bare signal wires shall 
be insulated adequately where they j)ass through doors and stoppings, 
and where they cross other power wires and cables. Trolley wires and 
trolley feeder wires shall be guarded adequately (1) at all points 
where men are required to work or pass regularly under the wires; 
(2) on both sides of all doors and stoppings; and (3) at man-trip sta-
tions. The Secretary or his authorized representatives shall specify 
other conditions where trolley wires and trolley feeder wires shall be 
adequately protected to prevent contact by any person, or shall require 
the use of improved methods to prevent such contact. Temporary 
guards shall be provided where trackmen and other persons work in 
proximity to trolley wires and trolley feeder wires. 
FIRE PROTECTION 
SEC. 311. (a) Each coal mine shall be provided with suitable fire-
fighting equipment adapted for the size and conditions of the mine. 
The Secretary shall establish minimum requirements for the type, 
784 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
quality, and quantity of sucli equipment, and the interpretations of the 
Secretary or the Director of the Bureau of Mines rehiting to such 
equipment in effect on the operative date of this title shall continue in 
elfect until modified or superseded by the Secretary. After every blast-
ing operation, an examination shall be made to determine whether fires 
have been started. 
(b) Underground storage places for lubricating oil and grease shall 
be of fireproof construction. Except for specially prepared materials 
approved by the Secretary, lubricating oil and grease kept in all 
underground areas in a coal mine shall be in fireproof, closed metal 
containers or other no less effective containers approved by the 
Secretary, 
(c) Underground transformer stations, battery-charging stations, 
substations, compressor stations, sliops, and permanent pumps shall 
be housed in fireproof structures or areas. Air currents used to venti-
late structures or areas enclosing electrical installations shall be coursed 
directly into the return. Other underground structures installed in a 
coal mine as the Secretary may prescribe shall be of fireproof 
construction. 
(d) All welding, cutting, or soldering with arc or flame in all 
underground areas of a coal mine shall, whenever practicable, be con-
ducted in fireproof enclosures. Welding, cutting or soldering with arc 
or flame in other than a fireproof enclosure shall be done under the 
supervision of a qualified person Avho shall make a diligent search 
for fire during and after such operations and shall, immediately 
before and during such operations, continuously test for methane 
w4th means approved by the Secretary for detecting methane. Weld-
ing, cutting, or soldering shall not be conducted in air that contains 
LO volume per centum or more of methane. Eock dust or suitable fire 
extinguishers shall be immediately available during such welding, 
cutting, or soldering. 
(e) Within one year after the operative date of this title, fire sup-
pression devices meeting specifications prescribed by the Secretary 
shall be installed on unattended underground equipment and suitable 
fire-resistant hydraulic fluids approved by the Secretary shall be used 
in the hydraulic systems of such equipment. Such fluids shall be vised 
in the hydraulic systems of other underground equipment unless fire 
suppression devices meeting specifications prescribed by the Secretary 
are installed on such equipment. 
(f) Deluge-type water sprays or foam generators automatically 
actuated by rise in temperature, or other no less effective means 
approved by the Secretary of controlling fire, shall be installed at 
main and secondary belt-conveyor drives. Where sprays or foam gen-
erators are used they shall supply a sufficient quantity of water or 
foam to control fires. 
(g) Underground belt conveyors shall be equipped with slippage 
and sequence switches. The Secretary shall, within sixty days after the 
operative date of this title, require that devices be installed on all such 
belts which will give a warning automatically when a fire occurs 
on or near such belt. The Secretary shall prescribe a schedule for 
installing fire suppression devices on belt haulageways. 
(h) On and after the operative date of this title, all conveyor belts 
acquired for use underground shall meet the requirements to be estab-
lished by the Secretary for flame-resistant conveyor belts. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
785 
MArs 
SEC. 312. (a) The operator of a coal mine shall have in a fireproof 
repository located in an area on tlie surface of the mine chosen by the 
mine operator to minimize the danger of destruction by fire or other 
hazard, an accurate and up-to-date map of such mine drawn on scale. 
Such map shall show the active workings, all pillared, worked out, and 
abandoned areas, except as provided in this section, entries and air-
courses with the direction of airflow indicated by arrows, contour 
lines of all elevations, elevations of all main and cross or side entries, 
dip of the coalbed, escapeways, adjacent mine workings within one 
thousand feet, mines above or below, water pools above, and either 
producing or abandoned oil and gas wells located witliin five hundred 
feet of such mine and any underground area of such mine, and such 
other information as the Secretary may require. Such map shall 
identify those areas of the mine which have been pillared, worked 
out, or abandoned which are inaccessible or cannot be entered safely 
and on which no information is available. Such map shall be made 
or certified by a registered engineer or a registered surveyor of the 
State in which the mine is located. Such map shall be kept up to date 
by temporary notations and such maj:) shall be revised and supple-
mented at nitervals prescribed by tlie Secretary on the basis of a 
survey made or certified by such engineer or surveyor. 
(b) The coal mine map and any revision and supplement thereof 
Avaiiabiutj 
shall be available for inspection by the Secretary or his authorized 
representative, by coal mine inspectors of the State in wliich the 
mine is located, by miners in the mine and their representatives and 
by operators of adjacent coal mines and by persons owning, leasing, 
or residing on surface areas of such mines or areas adjacent to such 
mines. The operator shall furnish to the Secretary or his authorized 
representative and to the Secretary of Housing and Urban Develop-
ment, upon request, one or moi-e copies of such map and any revision 
and supplement thereof. Such map or revision and supplement thereof 
shall be kept confidential and its contents sliall not be divulged to any 
other person, except to the extent necessary to carry out the provisions 
of this Act and in connecticm with the functions and responsibilities 
of the Secretary of Housing and Urban Development. 
(c) Whenever an operator permanently closes or abandons a coal 
mine, or temporarily closes a coal mine for a period of more than 
ninety days, he shall promptly notify the Secretary of such closure. 
Within sixty days of the permanent closure or abandonment of the 
mine, or, when the mine is temporarily closed, vipon the expiration 
of a period of ninety days from the date of closure, the operator shall 
file with the Secretary a copy of the mine map revised and supple-
mented to the date of the closure. Such copy of the mine map shall be 
"^/"f "1?^' 
, . £ . , , 
• , 
, 
.'^'^ 
-, 
. 
« "•, 
^ 
certification,, 
certihed by a i-egistered surveyor or registered engmeer of the State 
in which the mine is located and shall be available for public inspection. 
RI.AS'J'ING AND EXPLOSIVES 
SEC. 313. (a) Black blasting powder shall not be stored or used 
underground. Mudcaps (adobes) or otiier unconfined shots shall not 
be fired underground. 
(b)_ Explosives and detonators shall be kept in separate containers 
until immediately before blasting. In underground anthracite mines, 
(1) miidcaps or other open, unconfined shake shots may be fired, if 
Mine closure, 
notification. 
786 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
restricted to battery starting when methane or a fire hazard is not 
present, and if it is otherwise impracticable to start the battery; (2) 
open, unconfined shake shots in pitching veins may be fired, when no 
methane or fire hazard is present, if the taking down of loose hanging 
coal by other means is too hazardous; and (3) tests for methane shall 
be made immediately before such shots are fired and if 1.0 volume 
per centum or more of methane is present, when tested, such shot 
shall not be made until the methane content is reduced below 1.0 
volume per centum. 
(c) Except as provided in this subsection, in all underground areas 
of a coal mine only permissible explosives, electric detonators of 
proper strength, and permissible blasting devices shall be used and all 
explosives and blasting devices shall be used in a permissible manner. 
Permissible explosives shall be fired only with permissible shot firing 
units. Only incombustible materials shall be used for stemming bore-
holes. The Secretary may, under such safeguards as he may prescribe, 
permit the firing of more than tw^enty shots and allow the use of non-
permissible explosives in sinking shafts and slopes from the surface 
in rock. Nothing in this section shall prohibit the use of compressed 
air blasting. 
(d) Explosives or detonators carried anywhere underground in a 
coal mine by smy person shall be in containers constructed of non-
conductive material, maintained in good condition, and kept closed. 
(e) Explosives or detonators shall be transported in special closed 
containers (1) in cars moved by means of a locomotive or rope, (2) 
on belts, (3) in shuttle cars, or (4) in equipment designed especially 
to transport such explosives or detonators. 
(f) When supplies of explosives and detonators for use in one or 
more working sections are stored underground, thej shall be kept in 
section boxes or magazines of substantial construction with no metal 
exposed on the inside, located at least twenty-five feet from roadways 
and power wires, and in a dry, well rock-dusted location protected 
from falls of roof, except in pitching beds, where it is not possible to 
comply with the location requirement, such boxes shall be placed in 
niches cut into the solid coal or rock. 
(g) Explosives and detonators stored in the working places shall be 
kept in separate closed containers which shall be located out of the line 
of blast and not less than fifty feet from the working face and fifteen 
feet from any pipeline, powerline, rail, or conveyor, except that, if 
kept in niches in the rib, the distance from any pipeline, powerline, 
rail, or conveyor shall be at least five feet. Such explosives and deto-
nators, when stored, shall be separated by a distance of at least five 
feet. 
HOISTING AND MANTRIPS 
SEC. 314 (a) Every hoist used to transport persons at a coal mine 
shall be equipped with overspeed, overwind, and automatic stop con-
trols. Every hoist handling platforms, cages, or other devices used to 
transport persons shall be equipped with brakes capable of stopping 
the fully loaded platform, cage, or other device; with hoisting cable 
adecjuately strong to sustain the fully loaded platform, cage, or other 
device; and have a proper margin of safety. Cages, platforms, or other 
devices which are used to transport persons in shafts and slopes shall 
be equipped with safety catches or other no less effective devices 
approved by the Secretary that act quickly and effectively in an 
emergency, and such catches shall be tested at least once every two 
months. Hoisting equipment, including automatic elevators, that is 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
787 
used to transport persons shall be examined daily. Wliere persons are 
transported into, or out of, a coal mine by hoists, a qualified hoisting 
engineer shall be on duty while any person is underground, except 
that no such engineer shall be required for automatically operated 
cages, platforms, or elevators. 
(b) Other safeguards adequate, in the judgment of an authorized 
representative of the Secretary, to minimize hazards with respect to 
transportation of men and materials shall be provided. 
(c) Hoists shall have rated capacities consistent with the loads 
handled and the recommended safety factors of the ropes used. An 
accurate and reliable indicator of the position of the cage, platform, 
skip, bucket, or cars shall be provided. 
(d) There shall be at least tAvo eifective methods approved by the 
Secretary of signaling between each of the shaft stations and the hoist 
room, one of which shall be a telephone or speaking tube. 
(e) Each locomotive and haulage car used in an underground coal 
mine shall be equipped with automatic brakes, where space permits. 
Where space does not permit automatic brakes, locomotives and haul-
age cars shall be subject to speed reduction gear, or other similar 
devices approved by the Secretary which are designed to stop the 
locomotives and haulage cars with the proper margin of safety. 
(f) All liaulage equipment acquired by an operator of a coal mine 
(m or after one year after the operative date of this title shall be 
equipped with automatic couplers which couple by impact and uncou-
I)le without the necessity of persons going between the ends of such 
equipment. All haulage equipment without automatic couplers in use 
in a mine on the operative date of this title shall also be so equipped 
within four years after the operative date of this title. 
EMERGENCY SHELTERS 
SEC. 315. The Secretary or an authorized representative of the 
Secretary may prescribe in any coal mine that rescue chambers, prop-
erly sealed and ventilated, be erected at suitable locations in the mine 
to which persons may go in case of an emergency for protection against 
hazards. Such chambers shall be properly equipped with first aid 
materials, an adequate supply of air and self-contained breathing 
equipment, an independent communication system to the surface, and 
proper accommodations for the persons while awaiting rescue, and 
such other equipment as the Secretary may require. A plan for the 
erection, maintenance, and revisions of such chambers and the training 
of the miners in their proper use shall be submitted by the operator 
to the Secretary for his approval. 
COMMUNICATIONS 
SEC. 316. Telephone service or equivalent two-way communication 
facilities, approved by the Secretary or his authorized representative, 
shall be provided between the surface and each landing of main shafts 
and slopes and between the surface and each working section of any 
coal mine that is more than one hundred feet from a portal. 
MISCELLANEOUS 
wells, barriers 
SEC. 317. (a) Each operator of a coal mine shall take reasonable 
^!' ^
P
"
^ ^.^'' 
measures to locate oil and gas wells penetrating coalbeds or any under-
ground area of a coal mine. T\Tien located, such operator shall estab-
lish and maintain barriers around such oil and SRS wells in accordance 
788 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Boreholes. 
Smoking,pro-
hibition. 
Portable elec-
tric lamps. 
Ante, p. 784. 
with State laws and regulations, except tliat such barriers shall not be 
less than three hundred feet in diameter, unless the Secretary or his 
authorized representative permits a lesser barrier consistent with the 
applicable State laws and re<rnlations where such lesser barrier will 
be adequate to protect against hazards from such wells to the miners 
in such mine, or unless the Secretary or his authorized representative 
requires a greater barrier where the depth of the mine, other geologic 
conditions, or other factors warrant such a greater barrier. 
(b) Whenever any working place approaches within fifty feet of 
abandoned areas in the mine as shown by surveys made and certified 
by a registered engineer or surveyor, or within two hundred feet of 
any other abandoned areas of the mine which cannot be inspected and 
which may contain dangerous accumulations of water or gas, or 
within two hundred feet of any workings of an adjacent mine, a bore-
hole or boreholes shall be drilled to a distance of at least twenty feet 
in advance of the working face of such working place and shall be 
continually maintained to a distance of at least ten feet in advance 
of the advancing working face. When there is more than one borehole, 
they shall be drilled sufficiently close to each otlier to insure that the 
advancing working face will not accidentally hole through into aban-
doned areas or adjacent mines. Boreholes shall also be drilled not more 
than eight feet apart in the rib of such working place to a distance of 
at least twenty feet and at an angle of forty-five degrees. Such rib 
holes shall be drilled in one or both ribs of such working place as may 
be necessary for adequate protection of miners in such place. 
(c) No person shall smoke, carry smoking materials, matches, or 
lighters underground, or smoke in or around oil houses, explosives 
magazines, or other surface areas where such practice may cause a 
fire or explosion. The operator shall institute a program, approved by 
the Secretary, to insure that any person entering the underground 
area of the mine does not carry smoking materials, matches, or 
lighters. 
(d) Persons underground shall use only permissible electric lamps 
approved by the Secretary for portable illumination. Xo open flame 
shall be permitted in the underground area of any coal mine, except 
as permitted under section 311 (d) of this title. 
(e) Within nine months after the operative date of this title, the 
Secretary shall propose the standards under which all workinn- places 
in a mine shall be illuminated by permissible lighting, ^yithin eighteen 
months after the promulgation of such standards, while persons are 
working in such places. 
(f) (1) Except as provided in paragraphs (2) and (3) of this sub-
section, at least two separate and distinct trayelable passageways 
which are maintained to insure passage at all times of any person, 
including disabled persons, and which are to be designated as escape-
ways, at least one of which is ventilated with intake air, shall be pro-
vided from each working section continuous to the surface escape drift 
opening, or continuous to the escape shaft or slope facilities to the 
surface, as appropriate, and shall be maintained in safe condition and 
properly marked. Mine openings shall be adequately protected to pre-
vent the entrance into the underground area of the mine of surface 
fires, fumes, smoke, and flood water. Escape facilities approved by 
the Secretary or his authorized representative, properly maintained 
and frequently tested, shall be present at or in each escape shaft or 
slope to allow all persons, including disabled persons, to escape quickly 
to the surface in the event of an emergency. 
(2) When new coal mines are opened, not more than twenty miners 
shall be allowed at any one time in any mine until a connection has 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
789 
been made between the two mine openings, and such connections shall 
be made as soon as possible. 
(3) When only one mine opening is available, owing to final mining 
of pillars, not more than twenty mmers shall be allowed in such mine 
at any one time, and the distance between the mine opening and work-
ing face shall not exceed five hundred feet. 
(4) In the case of all coal mines opened on or after the operative 
date of this title, and in the case of all new working sections opened on 
or after such date in mines opened prior to such date, the escapeway 
required by this section to be ventilated with intake air shall be sepa-
rated from the belt and trolley haulage entries of the mine for the 
entire length of such entries to the beginning of each working section, 
except that the Secretary or his authorized representative may permit 
such separation to be extended for a greater or lesser distance so long 
as such extension does not pose a hazard to the miners. 
(g) After the operative date of this title, all structures erected on tu?es!nreproofing. 
the surface within one hundred feet of any mine opening shall be of 
' 
fireproof construction. Unless structures existing on or prior to such 
date which are located within one hundred feet of any mine opening 
are of such construction, fire doors shall be erected at effective points 
in mine openings to prevent smoke or fire from outside sources endan-
gering miners underground. These doors shall be tested at least 
monthly to insure effective operation. A record of such tests shall be 
kept in an area on the surface of the mine chosen by the operator 
to minimize the danger of destruction by fire or other hazard and 
shall be available for inspection by interested persons. 
(h) Adequate measures shall be taken to prevent methane and coal 
dust from accumulating in excessive concentrations in or on surface 
coal-handling facilities, but in no event shall methane be permitted 
to accumulate in concentrations in or on surface coal-handling facil-
ities in excess of limits established for methane by the Secretary 
within one year after the operative date of this title. Where coal is 
dumped at or near air-intake openings, provisions shall be made to 
avoid dust from entering the mine. 
(i) Every operator of a coal mine shall provide a program, 
approved by the Secretary, of training and retraining of both quali-
fied and certified persons needed to carry out functions prescribed in 
this Act. 
(j) An authorized representative of the Secretary may require in 
any coal mine where the height of the coalbed permits that electric 
face equipment, including shuttle cars, be provided with substantially 
constructed canopies or cabs to protect the miners operating such 
equipment from roof falls and from rib and face rolls. 
(k) On and after the operative date of this title, the opening of 
any coal mine that is declared inactive by its operator or is perma-
nently closed or abandoned for more than ninety days, shall be sealed 
by the operator in a manner prescribed by the Secretary, Openings of 
all other mines shall be adequately protected in a manner prescribed 
by the Secretary to prevent entrance by unauthorized persons. 
(1) The Secretary may require any operator to provide adequate facmties! 
facilities for the miners to change from the clothes w^orn underground, 
to provide for the storing of such clothes from shift to shift, and to 
provide sanitary and bathing facilities. Sanitary toilet facilities shall 
be provided in the active workings of the mine when such surface 
facilities are not readily accessible to the active workings. 
(m) Each operator shall make arrangements in advance for obtain- icarrslirtanrL!'^" 
ing emergency medical assistance and transportation for injured 
Training pro-
grams. 
790 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Self-rescue 
device. 
Identification 
check system. 
Tunnels under 
water. 
Drinking water. 
persons. Emergency communications sliall be provided to the nearest 
point of assistance. Selected agents of the operator shall be trained in 
first aid and first aid training shall be made available to all miners. 
Each coal mine shall have an adequate supply of first aid equipment 
located on the surface, at the bottom of shafts and slopes, and at other 
strategic locations near the working faces. In fulfilling each of the 
requirements of this subsection, the operator shall meet at least mini-
mum requirements prescribed by the Secretary of Health, Education, 
and Welfare. Within two months after the operative date of this title, 
each operator shall file with the Secretary a plan setting forth in such 
detail as the Secretary may require the maimer in which such operator 
has fulfilled the requirements in this subsection. 
(n) A self-rescue device approved by the Secretary shall be made 
available to each miner by the operator which shall be adequate to 
protect such miner for one hour or longer. Each operator shall train 
each miner in the use of such device. 
(o) The Secretary shall prescribe improved methods of assuring 
that miners are not exposed to atmospheres that are deficient in 
oxygen. 
(p) Each operator of a coal mine shall establish a check-in and 
check-out system which will provide positive identification of every 
person underground, and will provide an accurate record of the persons 
in the mine kept on the surface in a place chosen to minimize the danger 
of destruction by fire or other hazard. Such record shall bear a number 
identical to an identification check that is securely fastened to the lamp 
belt worn by the person underground. The identification check shall 
be made of a rust resistant metal of not less than sixteen gauge. 
(q) The Secretary shall require, when technologically feasible, that 
devices to prevent and suppress ignitions be installed on electric face 
cutting equipment. 
(r) AVhenever an operator mines coal from a coal mine opened 
after the operative date of this t'tle, or from any new working section 
of a mine opened prior to such date, in a manner that requires the 
construction, operation, and maintenance of tunnels under any river, 
stream, lake, or other body of water, that is, in the judgment of the 
Secretary, sufficiently large to constitute a hazard to miners, such oper-
ator shall obtain a permit from the Secretary which shall include such 
terms and conditions as he deems appropriate to protect the safety of 
miners working or passing through such tunnels from cave-ins and 
other hazards. Such permits shall require, in accordance with a plan 
to be approved by the Secretary, that a safety zone be established 
beneath and adjacent to such body of water. No plan shall be approved 
unless there is a minimum of cover to be determmed by the Secretary, 
based on test holes drilled by the operator in a manner to be prescribed 
by the Secretary. No such permit shall be required in the case of any 
new working section of a mine which is located under any water 
resource reservoir being constructed by a Federal agency on the date 
of enactment of this Act, the operator of which is required bv such 
agency to operate in a manner tnat adequately protects the safety of 
miners working in such section from cave-ins and other hazards. 
(s) An adequate supply of potable water shall be provided for 
drinking purposes in the active workings of the mine, and such water 
shall be carried, stored, and otherwise protected in sanitary containers. 
(t) Within one year after the operative date of this title, the Secre-
tary shall propose standards for preventing explosions from explosive 
gases other than methane and for testing for accumulations of such 
gases. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
791 
DEFINITIONS 
SEC. 318. For the purpose of this title and title I I of this Act, the 
term— 
(a) "certified" or "registered" as applied to any person means 
a person certified or registered by the State in which the coal mine 
is located to perform duties prescribed by such titles, except that, 
in a State where no program of certification or registration is 
provided or where the program does not meet at least minimum 
Federal standards established by the Secretary, such certification 
or registration shall be by the Secretary; 
(b) "qualified person" means, as the context requires, 
(1) an individual deemed qualified by the Secretary and 
designated by the operator to make tests and examinations 
required by this Act; and 
(2) an individual deemed, in accordance with minimum 
requirements to be established by the Secretary, qualified by 
training, education, and experience, to perform electrical 
work, to maintain electrical equipment, and to conduct exam-
inations and tests of all electrical equipment; 
(c) "permissible" as applied to— 
(1) equipment used in the operation of a coal mine, means 
equipment, other than permissible electric face equipment, to 
which an approval plate, label, or other device is attached as 
authorized by the Secretary and which meets specifications 
which are prescribed by the Secretary for the construction 
and maintenance of such equipment and are designed to 
assure that such equipment will not cause a mine explosion or 
a mine fire, 
(2) explosives, shot firing units, or blasting devices used 
in such mine, means explosives, shot firing units, or blasting 
devices which meet specifications which are prescribed by the 
Secretary, and 
(3) the manner of use of equipment or explosives, shot 
firing units, and blasting devices, means the manner of use 
prescribed by the Secretary; 
(d) "rock dust" means pulverized limestone, dolomite, gypsum, 
anhydrite, shale, adobe, or other inert material, preferably li^ht 
colored, 100 per centum of which will pass through a sieve having 
twenty meshes per linear inch and 70 per centum or more of 
which will pass through a sieve having two hundred meshes per 
linear inch; the particles of which when wetted and dried will 
not cohere to form a cake which will not be dispersed into separate 
particles by a light blast of air; and which does not contain more 
than 5 per centum of combustible matter or more than a total of 
4 per centum of free and combined silica (SiOa), or, where the 
Secretary finds that such silica concentrations are not available, 
which does not contain more than 5 per centum of free and 
combined silica; 
(e) "anthracite" means coals with a volatile ratio equal to 0.12 
or less; 
(f) "volatile ratio" means volatile matter content divided by 
the volatile matter plus the fixed carbon; 
(g) (1) "working face" means any place in a coal mine in which 
work of extracting coal from its natural deposit in the earth is 
performed during the mining cycle, 
Ante, p. 760. 
792 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
(2) "working place" means the area of a coal mine inby the 
last open crosscut, 
(3) "working section" means all areas of the coal mine from 
the loading point of the section to and including the working 
faces, 
(4) "active workings" means any place in a coal mine where 
miners are normally required to work or travel; 
(h) "abandoned areas" means sections, panels, and other areas 
that are not ventilated and examined in the manner required for 
working places under section 303 of this title; 
(i) "permissible" as applied to electric face equipment means 
all electrically operated equipment taken into or used inby the 
last open crosscut of an entry or a room of any coal mine the 
electrical parts of which, including, but not limited to, associated 
electrical equipment, components, and accessories, are designed, 
constructed, and installed, in accordance with the specifications 
of the Secretary, to assure that such equipment will not cause a 
mine explosion or mine fire, and the other features of which are 
designed and constructed, in accordance with the specifications 
of the Secretary, to prevent, to the greatest extent possible, other 
accidents in the use of such equipment; and the regulations of 
the Secretary or the Director of the Bureau of Mines in effect 
on the operative date of this title relating to the requirements for 
investigation, testing, approval, certification, and acceptance of 
such equipment as permissible shall continue in effect until 
modified or superseded by the Secretary, except that the Sec-
retary shall provide procedures, including, where feasible, test-
ing, approval, certification, and acceptance in the field by an 
authorized representative of the Secretary, to facilitate com-
pliance by an operator with the requirements of section 305(a) 
Ante, p. 775. 
of this title withiu the periods prescribed therein; 
(j) 
"low voltage" means up to and including 660 volts; 
"niedium voltage" means voltages from 661 to 1,000 volts; and 
"high voltage" means more than 1,000 volts; 
(k) "respirable dust" means only dust particulates 5 microns 
or less in size; and 
(1) "coal mine" includes areas of adjoining mines connected 
underground. 
TITLE IV—BLACK LUNG BENEFITS 
PART A—GENERAL 
SEC. 401. Congress finds and declares that there are a significant 
number of coal miners living today who are totally disabled due to 
pneumoconiosis arising out of employment in one or more of the 
Nation's underground coal mines; that there are a number of survi-
vors of coal miners whose deaths were due to this disease; and that 
few States provide benefits for death or disability due to this disease 
10 coal miners or their surviving dependents. It is, therefore, the pur-
pose of this title to provide benefits, in cooperation with the States, 
to coal miners who are totally disabled due to pneumoconiosis and to 
the surviving dependents of miners whose death was due to such 
disease; and to ensure that in the future adequate benefits are pro-
vided to coal miners and their dependents in the event of their death 
or total disability due to pneumoconiosis. 
Definitions. 
^^^ 
^Qg ^ ^ j . p^rposes of this title— 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
793 
(a) The term "dependent" means a wife or child who is a depend-
ent as that term is defined for purposes of section 8110 of title 5, 
United States Code. 
. 
. 
8i'sta;'*2io''' 
(b) The term "pneumoconiosis" means a chronic dust disease 
of the lung arising out of employment in an underground coal mine. 
(c) The term "Secretary" where used in part B means the Secretary 
of Health, Education, and Welfare, and where used in part C means 
the Secretary of Labor. 
(d) The term "miner" means any individual who is or was employed 
in an underground coal mine. 
(e) The term "widow" means the wife living with or dependent for 
support on the decedent at the time of his death, or living apart for 
reasonable cause or because of his desertion, who has not remarried. 
(f) The term "total disability" has the meaning given it by regula-
tions of the Secretary of Health, Education, and Welfare, but such 
regulations shall not provide more restrictive criteria than those 
applicable under section 223(d) of the Social Security Act. 
J^ us^c 
S 
PART B—CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31,1972 
SEC. 411. (a) The Secretary shall, in accordance with the provisions 
of this part, and the regulations promulgated by him under this part, 
make payments of benefits in respect of total disability of any miner 
due to pneumoconiosis, and in respect of the death of any miner whose 
death was due to pneumoconiosis. 
(b) The Secretary shall by regulation prescribe standards for 
determining for purposes of section 411 (a) whether a miner is totally 
disabled due to pneumoconiosis and for determining whether the death 
of a miner was due to pneumoconiosis. Regulations required by this 
subsection shall be promulgated and published in the Federal Register 
at the earliest practicable date after the date of enactment of this title, 
and in no event later than the end of the third month following the 
month in which this title is enacted. Such regulations may be modified 
or additional regulations promulgated from time to time thereafter. 
(c) For purposes of this section— 
(1) if a miner who is suffering or suffered from pneumoconiosis 
was employed for ten years or more in one or more undergound 
coal mines there shall be a rebuttable presumption that his 
pneumoconiosis arose out of such employment; 
(2) if a deceased miner was employed for ten years or more in 
one or more underground coal mines and died from a respirable 
disease there shall be a rebuttable presumption that his death was 
due to pneumoconiosis; and 
(3) if a miner is suffering or suffered from a chronic dust 
disease of the lung which (A) when diagnosed by chest roent-
genogram, yields one or more large opacities (greater than one 
centimeter in diameter) and would be classified in category A, 
B, or C in the International Classification of Radiographs of the 
Pneumoconioses by the International Labor Organization, (B) 
when diagnosed by biopsy or autopsy, yields massive lesions in 
the lung, or (C) when diagnosis is made by other means, would 
be a condition which could reasonably be expected to yield results 
described in clause (A) or (B) if diagnosis had been made in the 
manner prescribed in clause (A) or (B), then there shall be an 
irrebuttable presumption that he is totally disabled due to pneu-
moconiosis or that his death was due to pneumoconiosis, as the 
case may be. 
Publication in 
Federal Register, 
794 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
5 u s e 5332 
note. 
80 Stat. 532. 
5 u s e 8101-
8193. 
42 use 
42 use 
403. 
402. 
68A Stat. 3. 
26 u s e 1 et 
seq. 
70 Stat. 815; 
II Stat. 868. 
42 use 423. 
68 Stat. 1081. 
42 use 421. 
(cl) Xotliing in subsection (c) shall be deemed to affect the applica-
bility of subsection (a) in the case of a claim where the presumptions 
provided for therein are inapplicable. 
SEC. 412. (a) Subject to the provisions of subsection (b) of this 
section, benefit payments shall be made by the Secretary under this 
part as follows: 
(1) In the case of total disability of a miner due to pneumoconiosis, 
tlie disabled miner shall be paid benefits during the disability at a rate 
equal to 50 per centum of the minimum monthly payment to -which a 
Federal employee in grade GS-2, who is totally disabled, is entitled at 
the time of ])ayment under chapter 81 of title 5, United States Code. 
(2) In the case of death of a miner due to pneumoconiosis or of a 
miner receiving benefits under this part, benefits shall be paid to his 
widow (if any) at the rate the deceased miner Avould receive such 
benefits if he were totally disabled. 
(8) In the case of an individual entitled to benefit payments under 
clause (1) or (2) of this subsection who has one or more dependents, 
the benefit payments shall be increased at the rate of 50 per centum of 
such benefit payments, if such individual has one dependent, 75 per 
centum if such individual lias two dependents, and 100 per centum if 
such individual has three or more dependents. 
(b) Notwithstanding subsection (a), benefit payments under this 
section to a miner or his Avidow shall be reduced, on a monthly or 
other appropriate basis, by an amount equal to any payment received 
by such miner or his widow under the workmen's compensation, 
unemployment compensation, or disability insurance laws of his State 
on account of the disability of such miner, and the amount by which 
such payment Avould be reduced on account of excess earnings of such 
miner under section 203(b) through (1) of the Social Security Act if 
the amount paid were a benefit payable under section 202 of such Act. 
(c) Benefits payable under this part shall be deemed not to be 
income for purposes of the Internal Revenue Code of 1954. 
SEC. 413. (a) Except as otherwise provided in section 414 of this 
part, no payment of benefits shall be made under this part except pur-
suant to a claim filed therefor on or before December 31, 1972, in such 
manner, in such form, and containing such information, as the Secre-
tary shall by regulation prescribe. 
(b) In carrying out the jDrovisions of this part, the Secretary shall 
to the maximum extent feasible (and consistent w4th the provisions of 
this part) utilize the.personnel and procedures he uses in determining 
entitlement to disability insurance benefit payments under section 223 
of the Social Security Act. Claimants under this part shall be reim-
bursed for reasonable medical expenses incurred by them in establish-
ing their claims. For purposes of determining total disability under 
this part, the provisions of subsections (a), (b), (c), (d), and (g) of 
section 221 of such Act shall be applicable. 
(c) No claim for benefits under this section shall be considered 
unless the claimant has also filed a claim under the applicable State 
Avorkmen's compensation law prior to or at the same time his claim 
Avas filed for benefits under this section; except that the foregoing pro-
visions of this paragraph shall not apply in any case in Avhich the filing 
of a claim under such law would clearly be futile because the period 
Avithin Avhich such a claim may be filed thereunder has expired or 
because pneumoconiosis is not compensable under such laAV, or in any 
other situation in AA'hich, in the opinion of the Secretary, the filing of 
a claim would clearly be futile. 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
795 
SEC. 414. (a) No claim for benefits under this part on account of 
total disability of a miner shall be considered unless it is hied on or 
before December 31,1972, or, in the case of a claimant who is a widow, 
within six months after the death of her husband or by December 31, 
1972, whichever is the later. 
(b) No benefits shall be paid under this part after December 31, 
1972, if the claim therefor was filed after December 31,1971. 
(c) No benefits under this part shall be payable for any period 
prior to the date a claim therefor is filed. 
(d) No benefits shall be paid under this part to the residents of any 
State which, after the date of enactment of this Act, reduces the bene-
fits payable to persons eligible to receive benefits under this part, 
under its State laws which are applicable to its general work force 
wuth regard to workmen's compensation, unemployment compensa-
tion, or disability insurance. 
(e) No benefits shall be payable to a widow under this part on 
account of the death of a miner unless (1) benefits under this part 
were being paid to such miner with respect to disability due to pneu-
moconiosis prior to his death, or (2) the death of such miner occurred 
prior to January 1,1973. 
PART C—CLAIMS FOR BENEFITS AFTER DECEMBER 31, 
1972 
SEC. 421. (a) On and after January 1, 1973, any claim for benefits 
for death or total disability due to pneumoconiosis shall be filed pur-
suant to the applicable State workmen's compensation law, except 
that during any period when miners or their surviving widows are 
not covered by a State workmen's compensation law which provides 
adequate coverage for pneumoconiosis they shall be entitled to claim 
benefits under this part. 
(b) (1) For purposes of this section, a State workmen's compensa-
tion law" shall not be deemed to provide adequate coverage for pneu-
moconiosis during any period unless it is included in the list of State 
laws found by the Secretary to provide such adequate coverage during 
such period. The Secretary shall, no later than October 1, 1972, pub-
lish in the Federal Register a list of State workmen's compensation 
laws which provide adequate coverage for pneumoconiosis and shall 
revise and republish in the Federal Register such list from time to 
time, as may be appropriate to reflect changes in such State laws due 
to legislation or judicial or administrative interpretation, 
(2) The Secretary shall include a State workmen's compensation 
law on such list during any period only if he finds that during such 
period under such law— 
(A) benefits must be paid for total disability or death of a 
miner due to pneumoconiosis; 
(B) the amount of such cash benefits is substantially equivalent 
to or greater than the amount of benefits prescribed by section 
412(a) of this title; 
(C) the standards for determining death or total disability due 
to pneumoconiosis are substantially equivalent to those established 
by section 411, and by the regulations of the Secretary of Health, 
Education, and Welfare promulgated thereunder; 
(D) any claim for benefits on account of total disability or 
death of a miner due to pneumoconiosis is deemed to be timely 
filed if such claim is filed within three years of the discovery of 
total disability due to pneumoconiosis, or the date of such death, 
as the case may be; 
Publication in 
Federal Register. 
796 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
(E) there are in effect provisions with respect to prior and suc-
cessor operators which are substantially equivalent to the pro-
visions contained in section 422 (i) of this part; and 
(F) there are applicable such other provisions, regulations or 
interpretations, which are consistent with the provisions con-
tained in Public Law 803, 69th Congress (44 Stat. 1424, approved 
March 4, 1927), as amended, \Vhich are applicable under section 
422(a), but are not inconsistent with any of the criteria set forth 
in subparagraphs (A) through (E) of this paragraph, as the 
Secretary, in accordance with regulations promulgated by him, 
determines to be necessary or appropriate to assure adequate com-
pensation for total disability or death due to pneumoconiosis. 
The action of the Secretary in including or failing to include any State 
workmen's compensation law on such list shall be subject to judicial 
review exclusively in the United States court of appeals for the circuit 
in which the State is located or the United States Court of Appeals for 
the District of Columbia. 
SEC. 422. (a) During any period after December 31, 1972, in which 
a State workmen's compensation law is not included on the list pub-
lished bv the Secretary under section 421 (b) of this part, the provisions 
of Public Law 803, 69th Congress (44 Stat. 1424, apj)roved March 4, 
33 use 901-950. 1927), as amended (other than the provisions contained in sections 
1, 2, 3, 4, 7, 8, 9,10, 12, 13, 29, 30, 31, 32, 33, 37, 38, 41, 43, 44, 45, 46, 
47, 48, 49, 50, and 51 thereof) shall (except as otherwise provided in 
this subsection and except as the Secretary shall by regulation other-
wise provide), be applicable to each operator of an underground coal 
mine in such State with respect to death or total disability due to 
pneumoconiosis arising out of employment in such mine. In adminis-
tering this part, the Secretarj^ is authorized to prescribe in the Federal 
Register such additional provisions, not inconsistent with those specifi-
cally excluded by this subsection, as he deems necessary to provide for 
the payment of benefits by such operator to persons entitled thereto as 
provided in this part and thereafter those provisions shall be applicable 
to such operator. 
(b) During any such period each such operator shall be liable for 
and shall secure the payment of benefits, as provided in this section and 
section 423 of this part. 
(c) Benefits shall be paid during such period by each such operator 
under this section to the categories of persons entitled to benefits under 
section 412(a) of this title in accordance with the regulations of the 
Secretary and the Secretary of Health, Education, and Welfare ap-
plicable under this section: Provided^ That, except as provided in sub-
section (i) of this section, no benefit shall be payable by any operator 
on account of death or total disability due to pneumoconiosis which 
did not arise, at least in part, out of employment in a mine during the 
period when it was operated by such operator. 
(d) Benefits payable under this section shall be paid on a monthly 
basis and, except as otherwise provided in this section, such payments 
shall be equal to the amounts specified in section 412(a) of this title. 
(e) No payment of benefits shall be required under this section: 
(1) except pursuant to a claim filed therefor in such manner, in 
such form, and containing such information, as the Secretary shall 
by regulation prescribe; 
f 2) for any period prior to January 1,1973; or 
(3) for any period after seven years after the date of enactment 
of this Act. 
Publication in 
Federal Register, 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
797 
(f) Any claim for benefits under this section sliall be filed within 
three years of the discovery of total disability due to pneumoconiosis 
or, in the case of death due to pneumoconiosis, the date of such death. 
(g) The amount of benefits payable under this section shall be 
reduced, on a monthly or other appropriate basis, by the amount of 
any compensation received under or pursuant to any Federal or State 
workmen's compensation law because of death or disability due to 
pneumoconiosis. 
(h) The regulations of the Secretary of Health, Education, and 
Welfare promulgated under section 411 of this title shall also be 
applicable to claims under this section. The Secretary of Labor shall 
by regulation establish standards, which may include appropriate 
presumptions, for determining whether pneumoconiosis arose out of 
employment in a particular undergroinid coal mine or mines. The 
Secretary may also, by regulation, establish standards for appor-
tioning liability for benefits under this subsection among more than 
one operator, where such apportionment is appropriate. 
(i) (1) During any period in which this section is applicable with 
respect to a coal mine an operator of such mine who, after the date 
of enactment of this title, acquired such mine or substantially all the 
assets thereof from a person (hereinafter referred to in this para-
graph as a "prior operator") who was an operator of such mine 
on or after the operative date of this title shall be liable for and shall, 
in accordance with section 423 of this part, secure the payment of 
all benefits which would have been ])ayable by the prior operator 
under this section with respect to miners previously employed in 
such mine if the acquisition had not occurred and the prior operator 
had continued to operate such mine. 
(2) Nothing in this subsection sliall relieve any prior operator of 
any liability under this section. 
SEC. 423. (a) During any period in which a State workmen's com- vil'ions!""^ ^'^°" 
pensation law is not included on the list published by the Secretary 
under section 421(b) each operator of an undergroinid coal mine in 
such State shall secure the payment of benefits for Avhich he is liable 
under section 422 by (1) qualifying as a self-insurer in accordance 
with regulations prescribed by the Secretary, or (2) insuring and 
keeping insured the payment of such benefits with any stock company 
or mutual company or association, or with any other person or fund, 
including any State fund, while such company, association, person 
or fund is authorized under the laws of any State to insure workmen's 
compensation. 
(b) In order to meet the requirements of clause (2) of subsection 
(a) of this section, every policy or contract of insurance must con-
tain— 
(1) a provision to pay benefits required under section 422, not-
\yithstanfling the provisions of the State workmen's compensa-
tion law which may provide for lesser payments; 
(2) a provision that insolvency or bankruptcy of the operator 
or discharge therein (or both) shall not relieve" the carrier from 
liability for such payments; and 
(3) such other provisions as the Secretary, by regulation, may 
require. 
(c) No policy or contract of insurance issued by a carrier to comply 
with the requirements of clause (2) of subsection (a) of this subsec-
tion shall be canceled prior to the date specified in such policy or con-
tract for its expiration until at least thirty days have elapsed after 
798 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Benefits. 
Payment by 
Federal govern-
ment. 
80 Stat. 383. 
Annual report 
to Congress. 
notice of cancellation has been sent by registered or certified mail to 
the Secretary and to the operator at his last known place of business. 
SEC. 424. If a totally disabled miner or a widow is entitled to bene-
fits under section 422 and (1) an operator liable for such benefits has 
not obtained a policy or contract of insurance, or qualified as a self-
insurer, as required by section 423, or such operator has not paid such 
benefits within a reasonable time, or (2) there is no operator who was 
required to secure the payment of such benefits, the Secretary shall 
pay such miner or such widow the benefits to which he or she is so 
entitled. In a case referred to in clause (1), the operator shall be liable 
to the United States in a civil action in an amount equal to the amount 
paid to such miner or his widow under this title. 
SEC. 425. With the consent and cooperation of State agencies 
charged with administration of State workmen's compensation laws, 
the Secretary may, for the purpose of carrying out his functions and 
duties under section 422, utilize the services of State and local agen-
cies and their employees and, notwithstanding any other provision of 
law, maj advance funds to or reimburse such State and local agencies 
and their employees for services rendered for such purposes. 
SEC. 426. (a) The Secretary of Labor and the Secretary of Health, 
Education, and Welfare are authorized to issue such regulations as 
each deems appropriate to carry out the provisions of this title. Such 
regulations shall be issued in conformity with section 553 of title 5 of 
the United States Code, notwithstanding subsection (a) thereof. 
(b) Within 120 days following the convening of each session of 
Congress the Secretary of Health, Education, and Welfare shall sub-
mit to the Congress an annual report upon the subject matter of part 
B of this title, and, after January 1, 1973, the Secretary of Labor 
shall also submit such a report upon the subject matter of part C of 
this title. 
(c) Nothing in this title shall relieve any operator of the duty to 
comply with any State workmen's compensation law, except insofar 
as such State law is in conflict with the provisions of this title and 
the Secretary by regulation, so prescribes. The provisions of any State 
workmen's compensation law which provide greater benefits than the 
benefits payable under this title shall not thereby be construed or held 
to be in conflict with the provisions of this title. 
TITLE V—ADMINISTRATION 
RESEARCH 
SEC. 501. (a) The Secretary and the Secretary of Health, Educa-
tion, and Welfare, as appropriate, shall conduct such studies, research, 
experiments, and demonstrations as may be appropriate— 
(1) to improve working conditions and practices in coal mines, 
and to prevent accidents and occupational diseases originating 
in the coal-mining industry; 
(2) to develop new or improved methods of recovering persons 
in coal mines after an accident; 
(3) to develop new or improved means and methods of com-
munication from the surface to the underground area of a coal 
mine; 
(4) to develop new or improved means and methods of reduc-
ing concentrations of respirable dust in the mine atmosphere of 
active workings of the coal mine; 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
799 
(5) to develop epidemiological information to (A) identify 
and define positive factors involved in occupational diseases of 
miners, (B) provide information on the incidence and prevalence 
of pneumoconiosis and other respiratory ailments of miners, and 
(C) improve mandatory health standards; 
(6) to develop techniques for the prevention and control of 
occupational diseases of miners, including tests for hypersuscep-
tibility and early detection; 
(7) to evaluate the effect on bodily impairment and occupa-
tional disability of miners afflicted with an occupational disease; 
(8) to prepare and publish from time to time, reports on all 
significant aspects of occupational diseases of miners as well as 
on the medical aspects of injuries, other than diseases, which are 
revealed by the research carried on pursuant to this subsection; 
(9) to study the relationship between coal mine environments 
and occupational diseases of miners; 
(10) to develop new and improved underground equipment and 
other sources of power for such equipment which will provide 
greater safety; and 
(11) for such other purposes as they deem necessary to carry 
out the purposes of this Act. 
(b) Activities under this section in the field of coal mine health 
shall be carried out by the Secretary of Health, Education, and Wel-
fare, and activities under this section in the field of coal mine safety 
shall be carried out by the Secretary. 
(c) In carrying out the provisions for research, demonstrations, ^^^^^^^""^ 
experiments, studies, training, and education under this section and ^" °"'^* 
sections 301(b) and 502(a) of this Act, the Secretary and the Secre-
tary of Health, Education, and Welfare may enter into contracts with, 
and make grants to, public and private agencies and organizations 
and individuals. No research, demonstrations, or experiments shall be in^rmiuon'^'^ °^ 
carried out, contracted for, sponsored, cosponsored, or authorized '" °'^'"^ '°"' 
under authority of this Act, unless all information, uses, products, 
processes, patents, and other developments resulting from such 
research, demonstrations, or experiments will (with such exception and 
limitation, if any, as the Secretary or the Secretary of Health, Edu-
cation, and Welfare may find to be necessary in the public interest) 
be available to the general public. 
(d) The Secretary of Health, Education, and Welfare shall also tio'^nrtudfesr'"^"" 
conduct studies and research into matters involving the protection of 
life and the prevention of diseases in connection with persons, who 
although not miners, work with, or around the products of, coal mines 
in areas outside of such mines and under conditions which may 
adversely affect the health and well-being of such persons. 
(e) There is authorized to be appropriated to the Secretary such 
Appropriation, 
sums as may be necessary to carry out his responsibilities under this 
section and section 301(b) of this Act at an annual rate of not to 
exceed $20,000,000 for the fiscal year ending June 30,1970, $25,000,000 
for the fiscal year ending June 30, 1971, and $30,000,000 for the fiscal 
year ending June 30, 1972, and for each succeeding fiscal year there-
after. There is authorized to be appropriated annually to the Secre-
tary of Health, Education, and Welfare such sums as may be 
necessary to carry out his responsibilities under this Act. Such sums 
shall remain available until expended. 
(f) The Secretary is authorized to grant on a mine-by-mine basis 
an exception to any mandatory health or safety standard under this 
Exceptions, 
800 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
Act for the purpose of permitting, under such terms and conditions as 
lie may prescribe, accredited educational institutions the opportunity 
for experimenting with new and improved techniques and equipment 
to improve the health and safety of miners. No such exception shall be 
granted unless the Secretary finds that the granting of the exception 
will not adversely affect the health and safety of miners and publishes 
his findings. 
equi Tem'°'^ 
(g) The Secretary of Health, Education, and Welfare is authorized 
Research 
to make grants to any public or private agency, institution, or organi-
g-^^^ts- 
zation, and operators or individuals for research and experiments to 
develop effective respiratory equipment. 
TRAINING AND EDUCATION 
SEC. 502. (a) The Secretary shall expand programs for the educa-
tion and training of operators and agents thereof, and miners in— 
(1) the recognition, avoidance, and prevention of accidents or 
unsafe or unhealthful working conditions in coal mines; and 
(2) in the use of flame safety lamps, permissible methane detec-
tors, and other means approved by the Secretary for detecting 
methane and other explosive gases accurately. 
(b) The Secretary shall, to the greatest extent possible, provide 
technical assistance to operators in meeting the requirements of this 
Act and in further improving the health and safety conditions and 
practices in coal mines. 
ASSISTANCE 
TO 
STATES 
<3''^"*^- 
SEC. 503. (a) The Secretary, in coordination Avith the Secretary of 
Health, Education, and Welfare and the Secretary of Labor, is 
authorized to make grants in accordance with an application approved 
under this section to any State in which coal mining takes place— 
(1) to assist such State in developing and enforcing effective 
coal mine health and safety laws and regulations consistent with 
the provisions of section 506 of this Act; 
(2) to improve State workmen's compensation and occupa-
tional disease law^s and programs related to coal mine employ-
ment; and 
(3) to ])romote Federal-State coordination and cooperation 
in improving the health and safety conditions in the coal mines. 
(b) The Secretaiy shall approve any application or any modification 
thereof, submitted under this section by a State, through its official 
coal mine inspection or safety agency, which— 
(1) sets forth the programs, policies, and methods to be fol-
lowed in carrying out the application in accordance with the pur-
poses of subsection (a) of this section; 
(2) provides research and planning studies to carry out plans 
designed to improve State workmen's compensation and occupa-
tional disease laws and programs, as they relate to compensation 
to miners for occupationally caused diseases and injuries arising 
out of employment in any coal mine; 
(3) designates such State coal mine inspection or safety agency 
as the sole agency responsible for administering grants under 
this section throughout the State, and contains satisfactory evi-
dence that such agency will have the authority to carry out the 
purposes of this section; 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
801 
(4) gives assurances that such agency has or will employ an 
adequate and competent staff of trained inspectors qualified under 
the laws of such State to make coal mine inspections within 
such State; 
(5) provides for the extension and improvement of the State 
program for the improvement of coal mine health and safety in 
the State, and provides that no advance notice of an inspection 
will be provided anyone; 
(6) provides such fiscal control and fund accounting procedures 
as may be appropriate to assure proper disbursement and account-
ing of grants made to the States under this section; 
(7) provides that the designated agency will make such reports 
to the Secretary in such form and containing such information as 
the Secretary may from time to time require; 
(8) contains assurances that grants provided under this section 
will supplement, not supplant, existing State coal mine health and 
safety programs; and 
(9) meets additional conditions which the Secretary may pre-
scribe in furtherance of, and consistent with, the purposes of this 
section. 
(c) The Secretary shall not finally disapprove any State applica-
tion or modification thereof without first aifording the State agency 
reasonable notice and opportunity for a public hearing. 
(d) Any State aggrieved by a decision of the Secretary under sub-
section (b) or (c) of this section may file within thirty days from the 
date of such decision with the United States Court of Appeals for the 
District of Columbia a petition praying that such action be modified 
or set aside in whole or in part. The court shall hear such appeal on 
the record made before the Secretary. The decision of the Secretary 
incorporating his findings of fact therein, if supported by substantial 
evidence on the record considered as a whole, shall be conclusive. The 
court may affirm, vacate, or remand the proceedings to the Secretary 
for such further action as it directs. The filing of a petition under this 
subsection shall not stay the application of the decision of the Secre-
tary, unless the court so orders. The provisions of section 106 (a), (b), 
and (c) of this Act shall not be applicable to this section. 
(e) Any State application or modification thereof submitted to the 
Secretary under this section may include a program to train State 
inspectors. 
(f) The Secretary shall cooperate with such State in carrying out 
the application or modification thereof and shall, as appropriate, 
develop and, where appropriate, construct facilities for, and finance a 
program of, training of Federal and State inspectors jointly. The 
Secretary shall also cooperate with such State in establishing a system 
by which State and Federal inspection reports of coal mines located 
in the State are exchanged for the purpose of improving health and 
safety conditions in such mines. 
(g) The amount granted to any coal mining State for a fiscal year 
under this section shall not exceed 80 per centum of the amount 
expended by such State in such year for carrying out such application. 
(h) There is authorized to be appropriated $3,000,000 for fiscal 
year 1970, and $5,000,000 annually in each succeeding fiscal year to 
carry out the provisions of this section, which shall remain available 
until expended. The Secretary shall provide for an equitable distribu-
tion of sums appropriated for grants under this section to the States 
where there is an approved application. 
Hearing 
opportunity. 
Petition. 
Inspectors, 
training facilities. 
Appropriation. 
802 
PUBLIC LAW 91-173-DEC. 30, 1969 
[83 STAT. 
ECONOMIC ASSISTANCE 
nJl ^'^*: ^^'^' 
SEC. 504. (a) Section 7(b) of the Small Business Act, as amended, 
78 Stat. 7. 
.
,
,
^
'
' 
^ ' 
' 
1
5 use 636. 
IS amended— 
(1) by striking out the period at the end of paragraph (4) 
and inserting in lieu thereof "; and "; and 
(2) by addmg after paragraph (4) a new paragraph as follows: 
"(5) to make such loans (either directly or in cooperation with 
banks or other lending institutions through agreements to par-
ticipate on an immediate or deferred basis) as the Administration 
may determine to be necessary or appropriate to assist any small 
business concern operating a coal mine in affecting additions to 
or alterations in the equipment, facilities, or methods of opera-
tion of such mine to requirements imposed by the Federal Coal 
Mine Health and Safety Act of 1909, if the Administration deter-
mines that such concern is likely to suffer substantial economic 
injury without assistance under this paragraph." 
(b) The third sentence of section 7(b) of such Act is amended by 
inserting "or (5) "after "paragraph (3)". 
80 Stat. 132. 
(c) Section 4(c)(1) of the Small Business Act, as amended, is 
1
5 use 633. 
amended by inserting "7(b) (5)," after "7(b) (4),". 
(d) Loans may also be made or guaranteed for the purposes set 
forth in section 7(b) (5) of the Small Business Act, as amended pur-
suant to the provisions of section 202 of the Public Works and Eco-
42 use 3
1
^
4
2 
nomic Development Act of 1905, as amended. 
INSPECTORS ; QUALIFICATIONS : TRAINING 
SEC. 505. The Secretary may, subject to the civil service laAvs, 
appoint such employees as he deems requisite for the administration 
of this Act and prescribe their duties. Persons appointed as author-
ized representatives of the Secretary shall be qualified by practical 
experience in the mining of coal or by experience as a practical min-
ing engineer or by education. Persons appointed to assist such repre-
sentatives in the taking of samples of respirable dust for the purpose 
of enforcing title I I of this Act shall be qualified by training, experi-
ence, or education. The provisions of section 201 of the Revenue and 
^"rl^^^n^/ 
Expenditure Control Act of 1968 (82 Stat. 251, 270) shall not apply 
with respect to the appointment of such authorized representatives of 
the Secretary or to persons appointed to assist such representatives 
and to carry out the provisions of this Act, and, in applying the pro-
visions of such section to other agencies under the Secretary and to 
other agencies of the Government, such appointed persons shall not be 
taken into account. Such persons shall be adequately trained by the 
Secretary. The Secretary shall develop programs with educational 
institutions and operators designed to enable persons to qualify for 
positions in the administration of this Act. In selecting persons and 
training and retraining persons to carry out the provisions of this Act, 
the Secretary shall work with appropriate educational institutions, 
operators, and representatives of miners in developing and maintain-
ing adequate programs for the training and continuing education of 
persons, particularly inspectors, and where appropriate, the Secre-
tary shall cooperate with such institutions in carrying out the provi-
sions of this section by providing financial and technical assistance 
to such institutions. 
5 u s e 3101 
note 
83 STAT. ] 
PUBLIC LAW 91-173-DEC. 30, 1969 
803 
E F r E C T ON STATE LAWS 
SEC. 506. (a) No State law in effect on the date of enactment of this 
Act or which may become effective thereafter shall be superseded by 
any provision of this Act or order issued or any mandatory health or 
safety standard, except insofar as such State law is in conflict with this 
Act or with any order issued or any mandatory health or safety 
standard. 
(b) The provisions of any State law or regulation in effect upon the 
operative date of this Act, or which may become effective thereafter, 
Avhich ])rovide for more stringent health and safety standards applica-
ble to coal mines than do the provisions of this Act or any order issued 
or any mandatory health or safety standard shall not thereby be con-
strued or held to be in conflict with this Act. The provisions of any 
State law or regulation in effect on the date of enactment of this Act, 
or which may become effective thereafter, which provide for health 
and safety standards applicable to coal mines for which no provision 
is contained in this Act or in any order issued or any mandatory health 
or safety standard, shall not be held to be in conflict with this Act. 
ADMINISTRATIVE 
PROCEDURES 
SEC. 507. Except as otherwise provided in this Act, the provisions 
of sections 551-559 and sections 701-706 of title 5 of the United States 
Code shall not apply to the making of any order, notice, or decision 
made pursuant to this Act, or to any proceeding for the review thereof. 
80 Stat. 381, 
392. 
REGULATIONS 
SEC. 508. The Secretary, the Secretary of Health, Education, and 
Welfare, and the Panel are authorized to issue such regulations as each 
deems appropriate to carry out any provision of this Act. 
OPERATIVE DATE AND REPEAL 
55 Stat. 177. 
SEC. 509. Except to the extent an earlier date is specifically pro-
vided in this Act, the provisions of titles I and I I I of this Act shall 
become operative ninety days after the date of enactment of this Act, 
and the provisions of title I I of this Act shall become operative six 
months after the date of enactment of this Act. The provisions of the 
^^P^^^-
Federal Coal Mine Safety Act, as amended, are repealed on the opera- 
^ Jg^'' 
tive date of titles I and I I I of this Act, except that such provisions note." "
^ '^^^ 
shall continue to apply to any order, notice, decision, or finding issued 
under that Act prior to such operative date and to any proceedings 
related to such order, notice, decision or findings. All other provisions 
of this Act shall be effective on the date of enactment of this Act. 
SEPARABILITY 
SEC. 510. If any provision of this Act, or the application of such 
provision to any person or circumstance shall be held invalid, the 
remainder of this Act, or the application of such provision to persons 
or circumstances other than those as to which it is held invalid, shall 
not be affected thereby. 
REPORTS 
SEC. 511. (a) Within one hundred and twenty days following the 
convening of each session of Congress the Secretary shall submit 
through the President to the Congress and to the Office of Science and 
Technology an annual report upon the subject matter of this Act, the 
804 
PUBLIC LAW 91-174-DEC. 30, 1969 
[83 STAT. 
Federal and 
State coordina-
tion. 
progress concerning the achievement of its purposes, the needs and 
requirements in the field of coal mine health and safety, the amount 
and status of each loan made pursuant to this Act, a description and 
the anticipated cost of each project and program he has undertaken 
under sections 301(b) and 501, and any other relevant information, 
including any recommendations he deems appropriate. 
(b) Within one hundred and twenty days following the convening 
of each session of Congress, the Secretary of Health, Education, and 
Welfare shall submit through the President to the Congress and to the 
Office of Science and Technology an annual report upon the health 
matters covered by this Act, including the progress toward the achieve-
ment of the health purposes of this Act, the needs and requirements 
in the field of coal mine health, a description and the anticipated cost 
of each project and program he has undertaken under sections 301(b) 
and 501, and any other relevant information, including any recom-
mendations he deems appropriate. The first such report shall include 
the recommendations of the Secretary of Health, Education, and 
Welfare as to necessary mandatory health standards, including his 
recommendations as to the maximum permissible individual exposure 
to miners from respirable dust during a shift. 
SPECIAL REPORT 
SEC. 512. (a) The Secretary shall make a study to determine the 
best manner to coordinate Federal and State activities in the field of 
coal mine health and safety so as to achieve (1) maximum health and 
safety protection for miners, (2) an avoidance of duplication of effort, 
(3) maximum effectiveness, (4) a reduction of delay to a minimum, 
and (5) most effective use of Federal inspectors. 
(b) The Secretary shall make a report of the results of his study 
to the Congress as soon as practicable after the date of enactment of 
this Act. 
JURISDICTION ; LIMITATION 
SEC. 513. In any proceeding in which the validity of any interim 
mandatory health or safety standard set forth in titles I I and I I I of 
this Act is in issue, no justice, judge, or court of the United States shall 
issue any temporary restraining order or preliminary injunction 
restraining the enforcement of such standard pending a determination 
of such issue on its merits. 
Approved December 30, 1969. 
December 30, 1969 
[S.J. Res. 154] 
Public Law 91-174 
JOINT RESOLUTION 
To authorize and request the President to proclaim the month of January 1970 
as "National Blood Donor Month". 
National Blood 
Donor Month. 
Proclamation. 
Erneido A. 
Oliva. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled,, That, in recognition of the 
vital role of the voluntary blood donor in medical care, the President 
is authorized and requested to issue a proclamation designating the 
month of January 1970 as "National Blood Donor Month". 
SEC 2. Notwithstanding any other provision of law, the citizenship 
or nationality of Erneido A. Oliva shall not prohibit the Secretary of 
the Senate from paying compensation, for a period not to exceed six 
months, to the said Erneido A. Oliva while serving as an employee of 
the Senate. 
Approved December 30, 1969.