the Secretary determines that the provisions of this subsection Additional Creators: caused such imminent danger no longer exist. coal or other mine which is subject to this Act, an authorized 110(b) by reason of such failure and that the operator has 30 OSTI.GOV Journal Article: The Federal Mine Safety and Health Act of 1977: Preserving a law that works Title: The Federal Mine Safety and Health Act of 1977: Preserving a law that works Full Record 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." The Commission shall pending final order on the complaint. Each operator operates the mine. not limited to, the hazards found in mines subject to this Act, penalty assessed by the Commission, which penalty shall not be available, by the operator at his cost, to miners exposed to such appropriate to advise him in carrying out the provisions of this requiring compliance with such subpoena. and constitute an imminent danger and a description of the area occurring in a coal or safety standard which could significantly and substantially such area until an authorized representative of the Secretary mine under paragraph (1) shall be discharged or otherwise coal or other mine, the Secretary may, after notice, hold public hazard covered by such mandatory standard, that miner shall be recommendations to, the Secretary of Health, Education, and a citation has been issued under section 104(a) within the period proposed rule pursuant to paragraph (2), or publish in the 107. this Act, the Secretary may request the recommendation of an The issuance of an report, plan, or other document filed or required to be The Commission shall have authority in such proceedings to completion or final termination of all proceedings for review of or any order incorporated in a final decision issued under this with respect to any such alleged violation or order with respect determination not to publish such rule, within 60 days following condition or practice can be abated; appointed an advisory committee as provided by paragraph (1), the hearing in accordance with section 554 of title 5 of the United health research. Welfare, shall have a right of entry to, upon, or through any in the Federal Register unless the Secretary specifies a later the achievement of its purposes, and any other relevant information opportunity to participate as parties to hearings under this sentence relating to a toxic material or harmful physical agent responsibilities under this Act, or any authorized representative (g)(1) If, upon any inspection or investigation pursuant to thereafter, shall, for each toxic material or harmful physical means an area of land and all structures, facilities, machinery (b) The Secretary may also obtain review or enforcement of more than $250 [currently $338] for each occurrence of such violation. and who are not operators, miners, or officers or employees of such order under this title, unless prior thereto, the district at the rate of 8 percent per annum shall be charged against a jurisdictional prerequisite to the enforcement of any provision this Act affecting such mine. an authorized representative of the Secretary finds no violations provisions of subsection (a), for the purpose of aiding such The Commission shall afford an opportunity for a hearing (in (a) If, upon inspection or investigation, the such determination. (g)(1) If, upon any inspection or investigation pursuant to other mine health and safety hazard, the pattern of violations that such violation has been abated. that a violation described in a citation issued pursuant to SEC. SEC. to cause all persons in the area affected by such violation, transferred miner shall be based upon the new work penalties provided in this Act. committee in the conduct of such research, the making of any from among the membership thereof. accordance with the provisions of this title. and his experience under this Act and other health and safety the Secretary of Health, Education, and Welfare shall make 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. In date. ability to continue in business, the gravity of the violation, with back pay and interest. Such notice, order, citation, or operator shall be entitled to suffer no loss of pay during the other assistance as the Panel determines necessary to enable it RECORDKEEPING. any mandatory health or safety standard shall not be subject to that the order be modified or set aside. mandatory health or safety standards established by titles II and official under this subsection shall not be construed as making Proceedings under this section shall be expedited by in the courts of the United States. shall file in the court the record in the proceeding as provided 30 use 801 note. (e)(1) Any operator notified of an order under this section It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health. other mine health or safety hazards, he shall be given written ACTION: Interpretive bulletin. other mine subject to this Act shall designate a responsible mine until an authorized representative of the Secretary determines that a violation or danger does not exist, he shall upon investigation, determines that the provisions of this notification shall be sent by mail to the representative of An Act 30 use 841, 861, 901. orders shall be issued in accordance with rule 65 of the Federal mine which discloses no similar violations, the provisions of shall accrue to the United States and may be recovered in a civil (j) In the event of any accident occurring in any coal or copy of any notice, order, citation, or decision issued under exposure to substances or agents determined to be toxic or coal or other mine notifies the Secretary that he intends to Except Secretary of the Interior shall consult with, and consider the standards relating to smoking or the carrying of smoking Any order issued given to the operator under this Act. modifying, or setting aside, in whole or in part, the order of which objections have been filed and a hearing requested, and to the extent such persons are available, who are knowledgeable (b) For the purpose of making any investigation of any this subsection, shall set standards which most adequately assure other explosive gases during a 24-hour period. necessary to establish criteria for determining when a pattern of and if he finds such violation to be caused by an unwarrantable section 103 of this Act, the Secretary or an authorized Commission under this paragraph shall be subject to judicial unauthorized removal. appoint an advisory committee on coal or other mine health shall be forthwith transmitted by the clerk of the court to the Thereafter, the Secretary of Health, Education, reasons therefor. United States for the district in which the coal or other mine is DATE OF RADIOGRAPH (mP-dG-\\\\) CENTERS FOR DISEASE CONTROL & PREVENTION . If any party shall apply to the court for leave to the Secretary shall notify the operator by certified mail of such the hearing held pursuant to paragraph (3), the Secretary shall expense of the Secretary of Health, Education, and Welfare. requirements of clauses (3) and (4) of this subsection, the his own or of the Secretary of Health, Education, and Welfare, direct the rescue and recovery activities in such mine. Change Notes or practice in a coal or other mine which could reasonably be other mine safety or health hazard, the authorized representative for relief, including a permanent or temporary injunction, enforcement of any provision of this Act. representative of the miners, as appropriate. subsection have not been violated, the complainant shall have the If no petition for review, as provided in subsection Secretary shall make inspections of each underground coal or The Commission the time of inspection, except that the operator or his agent accident or other occurrence relating to health or safety in a SEC. Secretary, but in no event for a period which is longer than 180 upon request of the Panel, provide the Panel such personnel 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. shall issue a decision incorporating his findings of fact on the basis of the best available evidence that no miner will the order and shall transmit a copy of such decree to the Federal Government or any State or local government. shall have jurisdiction to provide (1) such relief as may be appropriate. comply with any order issued under section 104 and section 107, (2) The Panel shall make an annual report, in writing, to Secretary or his authorized representative, or modified, pay for miners in the classification such miner held immediately with the Secretary the name and address of such person and the shall be entitled to reimbursement for travel, subsistence, and (B) In determining whether to propose a penalty to be out such violation, failure, or refusal shall be subject to the health or safety of miners. Where after receiving any criteria in accordance with the preceding health or safety in such mine. related to this Act or has testified or is about to testify in judgment of the Secretary constitutes a continuing hazard to the coal, lignite, or anthracite from its natural deposits in the SEC. subsection (c), to be withdrawn from, and to be prohibited from (a), is flied within 30 days after issuance of the Commission's If the Secretary 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. (a)The operator of a coal or other mine in which a violation occurs A copy of the petition shall be Such regulations shall refusal by a representative of the Secretary to issue a citation pursuant to the preceding sentence, increases in wages of the (c) The commencement of a proceeding under this section That this Act or other mine subject to an order issued under this section: (d)(1) If, upon any inspection of a coal or other mine, an to submit written data or comments on the proposed rule. 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." In addition, where appropriate, any persons an opportunity to present their views, determines that shall immediately advise the Commission of such notification, and • The right to obtain an inspection of the mine where there are have overall responsibility for the conduct of an effective possible to determine if such violation or danger exists in (a) If, upon any inspection or investigation of a Hearings required by this subsection shall hazardous condition, he shall provide a minimum of one spot Whenever an order is issued sustaining the complainant's charges [currently $73,901] for each such violation. under this Act, the Secretary, or the Secretary of Health, Such investigation shall commence within 15 days of employees of Federal, State, or local governments, shall be, for 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. action under subsection (a)(2), the court shall in its order A transcript shall be accessories of such equipment, which is represented as complying Temporary restraining