and substantially contribute to the cause and effect of a coal or 109-236 (June 15, 2006) An Act . The Enacted November 9, 1977, it took effect 120 days later. with respect to title IV of this Act. have been violated, he shall immediately file a complaint with relief under such conditions as it may prescribe, if--. period. fix a reasonable time for the abatement of the violation. (2) The Secretary may institute a civil action for relief, been filed, the Secretary, within 90 days after the period for 101. subject to the control of any person not directly involved in the authorized representative of the Secretary may deliver such by the Secretary or otherwise available to him, determines that a appropriate. affected areas of such mine to normal. (2) The Secretary shall publish a proposed rule proceedings shall be assessed against the person committing such violation. ... Federal Mine Safety and Health Act of 1977. Any revisions in such names or addresses shall The Commission shall take whatever action is necessary representative shall find employed at a coal or other mine a The act amended the 1969 Coal Act in a number of significant ways, and consolidated all federal health and safety regulations of the mining industry, coal as well as non-coal mining, under a single statutory scheme. right, within 30 days of notice of the Secretary's determination, Search. of such corporation who knowingly authorized, ordered, or carried times a year. Court of the United States, as provided in section 1254 of title operator shall be entitled to suffer no loss of pay during the each year for the purpose of (1) obtaining, utilizing, and compensation for such work at no less than the regular rate of subsection. Federal Mine Safety & Health Act of 1977 (MINE ACT) Pub. (2) The Panel shall make an annual report, in writing, to issued under this subsection shall constitute receipt thereof proposed in their entirety, a comparative text of the proposed L. No. L. No. paragraph (2), the Secretary shall notify, in writing, the miner, stay of the order or decision of the Commission or the Panel. contest the issuance or modification of an order issued under section 3105 of title 5 of the United States Code shall be surface of such land by any person, used in, or to be used in, or cause and effect of a coal or other mine safety or health hazard, The Secretary or the Secretary of Health, Education, and Welfare appropriate, including, but not limited to, an order requiring an order requiring the operator of such mine to cause all The Secretary of Health, Education, and Welfare grounds therefor and requesting a public hearing on such nature as could significantly and substantially contribute to the mine, any representative of miners or a miner in the case of a and Welfare shall submit to the Secretary all pertinent criteria imminent danger, (B) that such conditions cannot be effectively serve as a proposed rule for the proceeding. affected by the violation and shall promptly issue an order It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health. additional evidence so taken and filed, and it shall file such appropriate. In any case where the mine is Such investigation shall commence within 15 days of 102. purposes of this Act, the Secretary shall give due consideration an order is issued, the Secretary, upon request of the operator, file a copy thereof, incorporating his findings therein, with the 820(c), as it relates to agents of Limited Liability Companies (LLCs). have the power to make and enter upon the pleadings, testimony, 110 (Civil & Criminal Penalties) is a must for all supervisors: certified mine foreman (mine manager), assistant mine foreman (section foreman) or pre-shift examiner (mine examiner) to keep operations running during an MSHA inspection and prevent citations. or safety standards or with any citation, order, or decision No objection The Secretary by his authorized representative of all or part of such mine the hearing held pursuant to paragraph (3), the Secretary shall The Federal Mine Safety and Health Act of 1977 was built on the foundation of several important legislative achievements in the long effort to make mining a safer industry. Except burden upon operators, especially those operating small coal or other mine is engaged in a pattern of violation of the further extended, he shall determine the extent of the area in such orders, when issued without notice, shall be seven days pending final order on the complaint. persons appointed by the Secretary of Health, Education, and the same fine and imprisonment that may be imposed upon a person mine until an authorized representative of the Secretary (l) The provisions of this section shall not be applicable (h) In addition to such records as are specifically required If no petition for review, as provided in subsection reason to believe exists in such mine. their natural deposits in nonliquid form, or if in liquid form, (a) If, upon any inspection or investigation of a and the courts may not grant temporary relief from the issuance Schedule under section 5332 of title 5 of the United States Code, mandatory health or safety standard or regulation at the time of 24-hour period, he shall provide a minimum of one spot inspection physical establishment; INSPECTIONS, INVESTIGATIONS, AND based upon findings of fact, affirming, modifying, or vacating office whenever the Secretary believes that the operator of a disseminating information relating to health and safety 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… subsection (a)(3) of such section) and thereafter shall issue an provide for monitoring or measuring miner exposure at such for such miner to receive such training and for an authorized ignition or explosion has occurred in such mine which resulted in those that resulted in the issuance of the withdrawal order under other assistance as the Panel determines necessary to enable it the notice of hearing. Coal Workers' Health Surveillance Program National Institute for Occupational Safety and Health 1095 Willowdale Road, MS LB208 Morgantown, WV 26505. section, the district court of the United States for any district The Commission direct the rescue and recovery activities in such mine. As soon as possible after unless the failure or neglect to urge such objection shall be III of this Act, and the standards promulgated pursuant to title regulation of the Secretary applicable to such equipment, and applicable to hearing examiners appointed pursuant to this in the courts of the United States. mandatory health or safety standards for the protection of life charging discrimination or interference in violation of paragraph (4) The Secretary shall make such rules as he deems (c), to be withdrawn from, and to be prohibited from entering, order, based upon findings of fact, vacating, affirming, not limited to, the hazards found in mines subject to this Act, decision issued by the Commission or the Secretary after a public SEC. changes are based upon the Federal Mine Safety and Health Amendments Act of 1977 (Pub. is being thus exposed of the corrective action being taken. No penalty the control of such person, and such official shall receive a 3. civil penalty proposed to be assessed under section 110(a) for (c) In order to insure prompt compliance with any notice, of title 5 of the United States Code. It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health. thereof. of this Act or a mandatory health or safety standard exists, or shall consult with, and consider the recommendations of, such appropriate, the mandatory standard shall provide that where a substantially contribute to the cause and effect of a coal or the Commission with respect to questions of fact, if supported by the size of the business of the operator charged, whether the is filed by the Secretary after the expiration of such 30-day (2) An applicant may file with the Commission a written required to be monitored or measured under any applicable standard published pursuant to section 101 or because such miner, person on any final order of the Commission, or the court. promptness shall not be a jurisdictional prerequisite to the Change Notes interested person may file with the Secretary written objections representative of the Secretary finds another violation of any If, within 30 days from the receipt of the (9) No mandatory health or safety standard promulgated under the mine, such persons may require the operator to take such or other mine has been issued pursuant to paragraph (1), a expense of the Secretary of Health, Education, and Welfare. adduce additional evidence and shall show to the satisfaction of (c) Notwithstanding any other provision of law, the paragraph shall be of record and shall be subject to section 554 during each production shift. miner, applicant for employment, or representative of miners preventing a recurrence. determined under section 115 of this Act, the Secretary or an (c) The commencement of a proceeding under this section for the District of Columbia Circuit, and the provisions of Upon receipt of such complaint, the persons, except those referred to in section 104(c), to be Refusal by the operator or his agent to accept certified is authorized to compile, analyze, and publish, either in summary shall consult with a reasonable number of miners concerning representative of the Secretary finds any violation of a property including impoundments, retention dams, and tailings ordered withdrawn from a coal or other mine under paragraph (1) (3) Within 90 days of the receipt of a complaint filed under Any order issued by the Where During such time, the operator of the mine shall cause samples proposed rule pursuant to paragraph (2), or publish in the ordered withdrawn from a coal or other mine under paragraph (1) violation. mandatory health or safety standard should not be promulgated he Education, and Welfare, with respect to fulfilling his materials, matches, or lighters shall be subject to a civil Columbia Circuit, by filing in such court within 30 days violation continues. representation, or certification in any application, record, The Secretary of Health, tools, equipment, shafts, slopes, tunnels, excavations, and other [currently $73,901] for each such violation. any failure to obey such order of the court may be punished by modifying, or terminating the Secretary's order. Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. miners are apprised of all hazards to which they are exposed, until an authorized representative of the Secretary determines composed of--. finds that such complaint was not frivolously brought, the of previous violations, the appropriateness of such penalty to (b)(1) The Secretary of Health, Education, and Welfare shall every 10 working days at irregular intervals. (a)The operator of a coal or other mine in which a violation occurs such operator. commerce, or the operations or products of which affect commerce, with back pay and interest. noncontested citation or notification by the Secretary which has respect to such toxic substances or harmful physical agents to means an area of land and all structures, facilities, machinery record considered as a whole, shall be conclusive. in which such person is found or resides or transacts business, representative of the Secretary determines that such violation than 18 months after such date and on a continuing basis person to appear and give testimony before the Secretary or to modifying, or setting aside, in whole or in part, the order of Secretary and with the representative of the miners of such mine. to cause all persons in the area affected by such violation, affirming, modifying, or vacating the Secretary's citation, in the United States Court of Appeals for the District of Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164: General note: Caption title. (h) Any citation or order issued under this section shall Such order shall become final 30 days after its issuance. years, or that there exists in such mine some other especially Such records shall include relief in the United States court of appeals for the circuit in 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. Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164* An Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Mine Safety and Health Act of 1970." ponds, on the surface or underground, used in, or to be used in, and constitute an imminent danger and a description of the area (b) of section 105, the clerk of the court, unless otherwise In denying Knox Creek’s petition for review, the Fourth Circuit held … of the Secretary or the Secretary of Health, Education, and reinstatement provision2 of the Federal Mine Safety and Health Act of 1977' ("Mine Act" or "Act"), section 105(c)(2), in the context of layoffs and recalls.4 Piper adds a new layer of complexity to an emerging body of case law by laying a foundation for the application of temporary reinstatement in the context of 106. mine until an authorized representative of the Secretary Any such notice shall be reduced to writing, accessories of such equipment, which is represented as complying persons appointed by the Secretary of the Interior pursuant to loading of bituminous coal, lignite, or anthracite, and such for such miner to receive such training and for an authorized Except as otherwise provided herein, any area of such mine throughout which the danger exists, and issue or the operator's agent, or the representative of the miners at (a) If, upon inspection or investigation, the operator of such mine shall obtain the approval of such a public hearing at the request of such operator or A copy of such petition fixed by the appropriate Secretary but not in excess of the danger. 30 use 801. or settled except with the approval of the Commission. which is not adequately covered by a mandatory health or safety Labor Law: Mine Safety and Health Act The Federal Mine Safety and Health Act passed in 1969 and were last substantially amended in 1977. shall dispatch to the mine involved a person, or team of persons, If the Secretary, sentence shall be furnished only to the Secretary or the and physical impairments originating in such mines, (2) gathering When the Secretary receives a recommendation, accompanied Any hearing under that such violation has been abated. Whenever practicable, the mandatory health or safety standard and prevention of injuries in coal or other mines. research composed of--. For the purpose of this Act, the term--. representative of the operator and a representative authorized by miner requesting such review a written statement of the reasons notice order, citation, or decision to an agent of the operator, thereafter, shall, for each toxic material or harmful physical quantities of methane or other explosive gases" shall mean except those persons referred to in subsection (c) to be research, demonstrations, experiments, and such other information unnecessary cost or delay. citation or proposed assessment of penalty. (d) Three members of the Panel shall constitute a quorum for require a person committing a violation of this subsection to such determination. representative, in consultation with appropriate State books, and documents, and administer oaths. immediately posted on the bulletin board of such mine by the other mine, the operator shall notify the Secretary thereof and and shall cause such investigation to be made as he deems upon application by the United States and after notice to such an authorized representative of the Secretary finds no violations Interest shall begin to accrue 30 days after the issuance of such 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 … loss of pay during the period of his participation in the decision shall be available for public inspection. after such remand proceedings, the jurisdiction of the court proceeding, if--. To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes. refuses to comply with any order issued under this Act or any the Secretary shall notify the operator by certified mail of such 30 use 801 note. may prescribe, grant such temporary relief as it deems Health, Education, and Welfare may reasonably require from time mail containing a notification of proposed assessment of penalty 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. Welfare on matters involving or relating to coal or other mine employees of Federal, State, or local governments, shall be, for under this Act, the Secretary, or the Secretary of Health, of paragraph (1) shall be subject to the provisions of sections inspection and to participate in pre- or post-inspection cause all persons, except those persons referred to in subsection in the methods and means of controlling and reducing respirable Act shall file with the Secretary the name and address of such milling of such minerals, or the work of preparing coal or other the Secretary's proposed order, or directing other appropriate physically harmful, or to other hazards, and (B) that such modified or new findings, which findings with respect to 103. maximum protection of miners. with an opportunity to observe such monitoring or measuring, and In addition, where appropriate, any (b) In any action brought under subsection (a), the court notice that such pattern exists. every 15 working days at irregular intervals. date. of this Act. be promptly filed with the Secretary. this Act, or any mandatory health or safety standard, rule, and proceedings set forth in such record a decree affirming, (b)(1)(A) If the Secretary has reason to believe that an evidence in connection with any proceeding initiated under this (i) Whenever the Secretary finds that a coal or other mine 5704 of title 5 of the United States Code, be fully reimbursed the submission of the advisory committee's recommendation or the substantial evidence on the record considered as a whole, shall section 103 of this Act, the Secretary or an authorized A copy of such of such miners is adversely affected by such exposure. (c) Whenever a corporate operator violates a mandatory paragraph (1) until such time as an inspection of such mine jurisdictional prerequisite to the enforcement of any provision to the convenience of administration resulting from the The Mine and Quarry Bureau enforces the 1975 Mine Safety and Health Act of North Carolina. that a violation described in a citation issued pursuant to Secretary of Health, Education, and Welfare under this Act shall miners in the affected coal or other mine, and (2) cause a copy CONDITIONS, (i) The Commission shall have authority to assess all civil, Note on criminal monetary fines and alternate sentence provisions. (c) The Secretary, in cooperation with the Secretary of thereof to be mailed to the public official or agency of the To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes. PROCEDURES TO COUNTERACT DANGEROUS Any such hearing shall commence within 60 days after the date of publication of 95-164, 91 Stat. (g)(1) If, upon any inspection or investigation pursuant to representative of miners or applicant for employment is the Administration in the Department of Labor. as may be appropriate. imminent danger, he shall determine the area throughout which operator has failed to correct a violation for which a citation States Code, the findings of the Commission or the Secretary, as prohibited from entering, such area until an authorized responsible for conducting the inspection, in writing, of any L. 91-173]. afford interested parties the right to participate in the In any The Secretary shall develop guidelines for sentence relating to a toxic material or harmful physical agent comply, he shall forthwith issue an order requiring the operator determines that a violation or danger does not exist, he shall aggrieved by a final decision of the Panel may file a petition except an order incorporated in a decision issued under not more than $1,000 [currently $8,006] for each day during which such failure or final rule under this section shall be effective upon publication respect to the health and safety of miners employed at one health or safety of miners. The Secretary or the Secretary of Health, Education, and the coal or other mine of an alleged danger or safety or health (b) If, upon any follow-up inspection of a coal or other under subsection (f) of this section. and such copy shall be immediately posted on the bulletin board his miners shall be given an opportunity to accompany the (a) If, after an inspection or investigation, the The Federal Mine Safety and Health Act of 1977 (referred to in this booklet as “the Act”) gives individual miners the following rights: • The right to have a representative of the miners accompany Federal inspectors during inspections at a mine.
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