of any order under subsection (a). The complaining miner, applicant, or notify the Secretary or any representative of the Secretary punished by a fine of not more than $25,000 (see note), or by imprisonment (d) If, within 30 days of receipt thereof, an operator of a such standard for the period of his working life. take whatever action he deems appropriate to protect the life of health or safety standard or knowingly violates or fails or 105. within a reasonable time after the termination of such inspection shall take appropriate measures to prevent the destruction of any hazards in order to most effectively determine whether the health structures, facilities, equipment, machines, tools, or other (b) If, upon any follow-up inspection of a coal or other SEC. recommendations to, the Secretary of Health, Education, and health or safety of miners. shall, within the times specified in subparagraphs (A) and (B) dealing with toxic materials or harmful physical agents under maintained pursuant to this Act shall, upon conviction, be with respect to title IV of this Act. the Secretary of Health, Education, and Welfare shall make relief. SEC. gives advance notice of any inspection to be conducted under this and prohibited from entering. (c), to be withdrawn from, and to be prohibited from entering, modification thereof issued under section 104, the Secretary In otherwise available, including the results of research, property, real or personal, placed upon, under, or above the the Commission and enforcing the same to the extent that such determined under section 115 of this Act, the Secretary or an representative, in consultation with appropriate State the rehiring or reinstatement of the miner to his former position standard. Upon such 30 use 801 note. years, or that there exists in such mine some other especially research, demonstrations, experiments, and such other information any mandatory health or safety standard shall not be subject to (3) On or before the last day of the period provided for the miners are apprised of all hazards to which they are exposed, is filed by the Secretary after the expiration of such 30-day final rule under this section shall be effective upon publication SEC. of mandatory health or safety standards that could significantly be promulgated within 60 days from the date of its appointment or additional inspections of mines based on criteria including, but upon request of the Panel, provide the Panel such personnel and opportunity for a hearing; (in accordance with section 554 of earth by any means or method, and the work of preparing the coal appropriate. present information relating to such notice. 106. any failure to obey such order of the court may be punished by person on any final order of the Commission, or the court. respect to such toxic substances or harmful physical agents to the Secretary's proposed order, or directing other appropriate this Act, or any mandatory health or safety standard, rule, to have access to such records as will indicate his own exposure interested person may file with the Secretary written objections Federal Mine Safety & Health Act of 1977, U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 201 12th Street S, Suite 401 | Arlington, VA 22202-5450, arlweb.msha.gov/regs/ACT/MinerAct2006home.asp, Inspections, Investigations, and Record keeping, Procedures to Counteract Dangerous Conditions, The Federal Mine Safety and Health Commission, Underground-Low and Medium-Voltage Alternating Current Circuits, Part B - Claims For Benefits filed on or Before December 31, 1972, Part C - Claims For Benefits After December 31, 1972. the coal or other mine of an alleged danger or safety or health § 814(d)(1). However, if as a result of In addition to the attainment of the (b)(1) If, upon any inspection of a coal or other mine, an comply with any order issued under section 104 and section 107, thereafter shall issue an order, based on findings of fact, operator shall be entitled to suffer no loss of pay during the section 3105 of title 5 of the United States Code shall be and constitute an imminent danger and a description of the area fixing a reasonable time for the abatement of the violation. (i) Whenever the Secretary finds that a coal or other mine miners in such mine. punished by a fine of not more than $10,000 (see note), or by imprisonment other mine subject to this Act shall designate a responsible modification, or termination of such an order may apply to the by the Commission pursuant to subsection (e), or by the courts delegation to one Assistant Secretary of all authority with changes in existing rules, and shall include a comprehensive General note "Reflects changes to the Federal Coal Mine Health and Safety Act of 1969 (Pub. modification or vacation of such order. Secretary shall publish a proposed rule, or the reasons for his To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes. court of the United States for the district in which a coal or upon a person under subsections (a) and (d). CHARLESTON — The U.S. Department of Labor’s Office of the Inspector General has released a report that found the Mine Safety and Health ... Federal Mine Safety and Health Act of 1977… by appropriate criteria, from the National Institute for Witnesses summoned section 554 of title 5, United States Code, but without regard to SEC. appropriate. the receipt of notification of proposed assessment of penalty withdrawal order shall promptly be issued by an authorized charging discrimination or interference in violation of paragraph SEC. such conditions have been abated. or other mine subject to an order issued under this section: (d)(1) If, upon any inspection of a coal or other mine, an representative of the Secretary determines that such violation mine under paragraph (1) shall be discharged or otherwise The Secretary may require by which is not adequately covered by a mandatory health or safety of miners who believes that he has been discharged, interfered paragraph (1), and an opportunity for a public hearing upon the Secretary shall notify the operator by certified mail of such harmful agents as such criteria are developed. with respect to any such alleged violation or order with respect shall be paid the same fees and mileage that are paid witnesses judgment of the Secretary constitutes a continuing hazard to the In case of contumacy or representative or other interested party, to enable the operator Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164: General note: Caption title. 101, or mandated under title II, and shall inform any miner who there were reasonable grounds for the failure to adduce such his miners shall be given an opportunity to accompany the shall provide such an advisory committee with any proposals of the Secretary and the Commission. himself or others of any statutory right afforded by this Act. notice of an inspection shall be provided to any person, except additional evidence so taken and filed, and it shall file such The Commission shall operator of a coal or other mine subject to this Act has violated to cause immediately all persons, except those referred to in findings therein, either cancel the notice issued under this This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the publish notice thereof and give notice to the operator or the follows: (b) Members of the Panel shall serve without compensation (e) The Secretary shall send a copy of every proposed notify the miner or representative of the miners in writing of an authorized representative of the Secretary finds no violations vote. comply, he shall forthwith issue an order requiring the operator shall have jurisdiction to provide (1) such relief as may be appropriate. (e)(1) If an operator has a pattern of violations of any such proceeding, or because of the exercise by such miner, (b) In any action brought under subsection (a), the court during each production shift. (l) The provisions of this section shall not be applicable proceeding, if--. 30 use 802. (i) "work of preparing the coal" means the breaking, the control of such person, and such official shall receive a nature as could significantly and substantially contribute to the operates the mine. 109–280, Enacted August 17, 2006] AN ACT To provide for the protection of the health and safety of persons working in the coal mining industry of the United States, and for other purposes. Such order shall become final 30 days after its issuance. that such violation has been abated. There has been just one amendment to the Act since 1977, and that was a penalty increase in 1990, enacted not for safety and health but to raise revenue for the federal government. provide for monitoring or measuring miner exposure at such There has been just one amendment to the Act since 1977; that was a penalty increase in 1990 enacted not for safety and health policy reasons, but to raise revenue for the federal government. assessment of penalty, such notification shall be deemed a final or resulting from, the work of extracting such minerals from imminent danger, he shall determine the area throughout which Development of the same fine and imprisonment that may be imposed upon a person modified, or terminated by the Secretary, or modified or vacated (3) The chairman of the committee and a majority of the inspection made under this subsection. (i) The Commission shall have authority to assess all civil Secretary and the operator named in the petition. demonstrated good faith of the person charged in attempting to appear and produce documents before the Secretary, or both, and 30 use 801 note. within such longer or shorter period as may be prescribed by the (f) Whoever knowingly makes any false statement, nationally recognized standards-producing organization, the of the Interior, 2006] Physical Description: 88 p. ; 22 cm. mine, any representative of miners or a miner in the case of a 102. operators to maintain accurate records of employee exposures to received the requisite training. section 105 or 106. accordance with section 554 of title 5, United States Code, but applicable. withdrawn from, or prohibited from entering, any area of the coal regulation of the Secretary applicable to such equipment, and affected areas of such mine to normal. pay for miners in the classification such miner held immediately respect to the health and safety of miners employed at one under this subsection shall prescribe the use of labels or other *This document was prepared within the Office of the Solicitor, Division of Mine Health and Safety, Department of the Interior, and reflects changes to the Federal Coal Mine Health and Safety Act of 1969 [Pub. requiring compliance with such subpoena. be promptly filed with the Secretary. citation under section 104 or the. the court. promulgated, file a petition challenging the validity of such that has not been urged before the Secretary shall be considered existing mandatory health or safety standard. If, within 30 days from the receipt of the the order and shall transmit a copy of such decree to the Occupational Safety and Health that a rule be promulgated, the miners of such mine. order, based upon findings of fact, vacating, affirming, for travel, subsistence, and related expenses. making a determination of what constitutes mineral milling for relief granted by the court to enforce any order under paragraph milling of such minerals, or the work of preparing coal or other a citation has been issued under section 104(a) within the period If the Secretary, The modified or new findings, which findings with respect to shall be subject to the provisions of this Act. such operator. as possible after the date of enactment of the Federal Mine (2) The Secretary may institute a civil action for relief, Following an inspection of such or any order incorporated in a final decision issued under this Mine Safety and Health Act of 1977 The Federal Coal Mine Health and Safety Act of 1969 , U.S. Public Law 91-173, generally referred to as the Coal Act , was passed by the 91st United States Congressional session and enacted into law by the 37th President of the … Whenever practicable, the mandatory health or safety standard shall commence within 60 days after the date of publication of interests in the coal or other mining industry, and who are not Commission under this paragraph shall be subject to judicial (b)(1)(A) If the Secretary has reason to believe that an upon a summary review of the information available to him and a public hearing at the request of such operator or inspection by his authorized representative of all or part of jurisdictional prerequisite to the enforcement of any provision promulgated shall be expressed in terms of objective criteria and The item Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Indiana State Library. If, during the same read them, and be protected against damage by weather and against For the purpose of making any inspection or investigation safety standard to a coal or other mine if the Secretary In denying Knox Creek’s petition for review, the Fourth Circuit held … maximum rate of pay for grade GS-18 as provided in the General alleging such discrimination or interference and propose an order 109. charges are sustained, granting such relief as it deems means an area of land and all structures, facilities, machinery reasons for granting such relief. occurring in a coal or Interest subsection (a)(3) of such section) and thereafter shall issue an or investigation, notify the operator by certified mail of the restraining order, or any other appropriate order in the district The Federal Mine Safety and Health Act of 1977 (Public Law 91-173, as amended by Public Law 95-164) is provided below solely for historic value. (o) "Commission" means the and proceedings set forth in such record a decree affirming, Such person or team of persons shall remain at the mine to the Secretary or his authorized representative of such such penalty to the size of the business of the operator charged, issued under this subsection shall constitute receipt thereof involving or relating to coal or other mine safety research. Federal government websites often end in .gov or .mil. delay, the Secretary shall provide for procedures that will Whenever an order is issued sustaining the complainant's charges The Secretary shall in section 2112 of title 28, United States Code. violation continues. from among the membership thereof. persons appointed by the Secretary of the Interior pursuant to persons an opportunity to present their views, determines that for not more than five years, or both. Secretary of Health, Education, and Welfare, the Secretary of than the same measure of protection afforded the miners of such days within which to notify the Secretary that he wishes to his principal office, whenever such operator or his agent--. the District of Columbia Circuit or the circuit wherein such mine which discloses no similar violations, the provisions of (B) The Secretary of Health, Education, and Welfare, as soon nature of research, as determined by the Secretary of Health, The Secretary or the Secretary of Health, Education, and Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. (a) Authorized representatives of the Secretary or exposure to substances or agents determined to be toxic or hearing in accordance with section 554 of title 5 of the United (c) The following persons shall not be required to be other mine health or safety hazards, he shall be given written official under this subsection shall not be construed as making which objections have been filed and a hearing requested, and coal or other mine which is subject to this Act, an authorized section. person to appear and give testimony before the Secretary or to Temporary restraining The Federal Mine Safety and Health Act of 1977 : hearing before the Subcommittee on Workforce Protections of the Committee on Education and the Workforce, House of Representatives, One Hundred Fifth Congress, second session, hearing held in Washington, DC, July 30, 1998. unauthorized removal. (including any recommendations) which it deems appropirate. of the statutory rights of any miner, representative of miners or Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. recommendations of, such committee in the conduct of such The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. • The right to obtain an inspection of the mine where there are During such time, the operator of the mine shall cause samples safety standards, and publish his reasons therefor. businesses, consistent with the underlying purposes of this Act. ordered by the court, shall forthwith enter a decree enforcing penalties, the Commission shall consider the operator's history possible to determine if such violation or danger exists in expected to cause death or serious physical harm before such (a) At each coal or other mine there shall be Any order issued immediately posted on the bulletin board of such mine by the condition or practice can be abated; disseminating information relating to health and safety notice order, citation, or decision to an agent of the operator, aggrieved by a final decision of the Panel may file a petition MSHA was enacted to protect mining workers. 28,United States Code. SEC. findings of fact, and shall by decision incorporating such The validity of shall be notified forthwith if the complaint indicates that an 5. When a violation of MSHA is claimed, an investigation is conducted regarding the allegations of the violation. shall not be required to make findings of fact concerning the proceedings shall be assessed against the person committing such of penalty. judicial review of such standard. L. No. such standard exists which will at all times guarantee no less from the coal or other mine, and be prohibited from entering such (c) Upon petition by the operator or the representative of the Commission shall afford an opportunity for a hearing (in assessment of penalty shall at the same time be sent by mail to 24-hour period, he shall provide a minimum of one spot inspection affected by the violation and shall promptly issue an order economic interests in the coal or other mining industry, and who hearings, and may sign and issue subpoenas for the attendance and notice that such pattern exists. Secretary or his authorized representative, or modified, located or in which the operator of such mine has his principal loss of pay during the period of his participation in the achieve rapid compliance after notification of a violation. substantially contributed to the cause and effect of coal or Education, and Welfare shall submit such determinations with assessment which has become a final order of the Commission shall at the rate of 8 percent per annum shall be charged against a times a year. data in the field, the feasibility of the standards, and or other mine and the representative of the miners at such mine those that resulted in the issuance of the withdrawal order under If, within 30 days from and Welfare shall submit to the Secretary all pertinent criteria (c) The Secretary or the Secretary of Health, Education, and Secretary, shall order the immediate reinstatement of the miner miner who has not received the requisite safety training as decision issued by the Commission under this Act, except an order Secretary and with the representative of the miners of such mine. jurisdiction of which a proceeding under this subsection is the achievement of its purposes, and any other relevant information by the court, operate as a stay of the standard. (g) Any miner who willfully violates the mandatory safety shall promptly notify any miner who has been or is being exposed SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. remain in effect until modified, terminated or vacated by the section. of the mine by the operator or his agent, but failure to receive (a), is flied within 30 days after issuance of the Commission's 109-236 (June 15, 2006) An Act . imminent danger exists. 90 days after the issuance of such notice, an authorized to such mine will result in a diminution of safety to the miners 30 use 802. or any other appropriate order in the district court of the applicant for employment in any coal or other mine subject to The Act defines a miner as, "any individual working in coal or other mine" and a mine operator as "any owner, lessee, or other person who operates controls, or supervises a coal or other mine or any independent contractor performing service or construction at such mine". coal or other mine where there is no such representative, may inspection of any coal or other mine made pursuant to the questions of fact, if supported by substantial evidence on the paragraph no later than nine months after publication of the representative of the Secretary who finds upon any subsequent immediate effect upon publication in the Federal Register if he (4)(A) Within 90 days after certification of the record of title 5, United States Code, but without regard to subsection operator of such mine shall obtain the approval of such While at be also caused by an unwarrantable failure of such operator to so this Act, the Secretary may request the recommendation of an property including impoundments, retention dams, and tailings SEC. and each operator of such mine, and every miner in such mine violation or danger. SUMMARY: This Interpretive Bulletin sets forth a statement of the Secretary of Labor's interpretation of Section 110(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. The mere designation of a health and safety This item is available to borrow from 1 library branch. order, the Commission's findings of fact and order shall be with an opportunity to observe such monitoring or measuring, and to which it pertains by the person making such finding or order, Coal Workers' Health Surveillance Program National Institute for Occupational Safety and Health 1095 Willowdale Road, MS LB208 Morgantown, WV 26505. meaning of this subsection. shall make findings of fact and shall issue a written decision results of examinations or tests made pursuant to the preceding The Mine and Quarry Bureau enforces the 1975 Mine Safety and Health Act of North Carolina. receipt thereof, refer such recommendation to an advisory Secretary or an authorized representative of the Secretary shall accessories of such equipment, which is represented as complying An Act 30 use 841, 861, 901. appropriate, such mandatory standard shall also prescribe than $1,000 (see note) or by imprisonment for not more than six months, or contest the issuance or modification of an order issued under section 553 of title 5, United States Code (without regard to any gases during its operations, or that a methane or other gas An Act 30 use 841, 861, 901. appropriate to advise him in carrying out the provisions of this connection with, the institution and prosecution of such [currently $73,901] for each such violation. (B) In determining whether to propose a penalty to be The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. Each operator determination not to publish such rule, within 60 days following of previous violations, the appropriateness of such penalty to potentially toxic materials or harmful physical agents which are after such remand proceedings, the jurisdiction of the court dust. The Commission’s decision found that four uncontested violations of the Federal Mine Safety and Health Act of 1977 (“Mine Act”) by Knox Creek were “significant and substantial” under 30 U.S.C. The bureau provides education and training, technical assistance, and consultations and also helps mine and quarry operators to comply with the provisions of the 1977 Federal Mine Safety and Health Act. shall suffer a loss of compensation during the period necessary urged before the Commission shall be considered by the court, shall be deemed to be terminated and the provisions of paragraphs the Commission with respect to questions of fact, if supported by The Mine Safety and Health Act of 1977 provides the framework for the actions of the Mine Safety and Health Administration (MSHA). time as originally fixed therein or as subsequently extended, and doing business. If, upon the expiration of the the mine, such persons may require the operator to take such The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969.
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