Federal coal mine health and safety act of 1969, Public law 91-173, as amended by the Federal mine safety and health ame...

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Federal coal mine health and safety act of 1969, Public law 91-173, as amended by the Federal mine safety and health amendments act of 1977, Public law 95-164, approved November 9, 1977, as applicable to other than coal mines
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Book
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United States
United States -- Congress. -- House. -- Committee on Education and Labor. -- Subcommittee on Compensation, Health, and Safety
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U.S. Govt. Print. Off. ( Washington )
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Table of Contents
    Front Cover
        Page i
        Page ii
    Foreword
        Page iii
        Page iv
    Findings and purpose, and definitions
        Page 1
        Page 2
    Mines subject to act and interim compliance panel
        Page 3
    Title I. General
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
    Title V. Administration
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
    Back Cover
        Page 40
Full Text
Y


95th Congress COMMITTEE PRINT
2d Session f




FEDERAL COAL MINE HEALTH AND


SAFETY


ACT OF 1969


(Public Law 91-173)
AS AME NDED BY THE


FEDERAL MINE


SAFETY AND HEALTH


AMENDMENTS ACT OF 1977
(Public Law 95-164)
APPROVED NOVEMBER 9, 1977

As applicable to other than coal mines



SUBCOMMITTEE ON COMPENSATION,
HEALTH AND SAFETY
OF THE
COMMITTEE ON EDUCATION AND LABOR
U.S. HOUSE OF REPRES4-.



~APR 1978
9
k, ....*, "

MARCH 1978


Printed for the use of the Committee on Education and Labor

U.S. GOVERNMENT PRINTING OFFICE


WASHINGTON : 1978


le


20-140


















(C'OMMITTEE )N EDUCATION AND LABOR


CARL D. PERKINS, Kentucky, Chairman


F1,ANK TIIOMi'SON. Ja., Ne Jerey
JOhlN 1I. I)iENT, Pennsylvania
JOIIN BRADElMAS, Indiana
AUGUSTUS F. 1AWKINS, California
WILLIAM D. FORD, Michigan
PIlLLI BURTON, California
JOSE:PhI M. G;AYLOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
MICHAEL T. BllOUlIN, Iowa
ROBERT J. CORNELL. Wisconsin
PAUL SIMON, Illinois
EIDWARD P. BEARD, Rhode Island
LEO C. ZEFERE'1I, New York
GEORGE MILLER, California
RONALD M. MOTTL, Ohio
MICHIAEL 0. MYERS, Pennsylvania
AUSTIN J. MURPHY, Pennsylvania
JOSEPH A. LEFANTE, New Jersey
TED WEISS, New York
CEC IIEL-'EL, hiawaii
BALTASAR CORRAIDA, Puerto Rico
DALE E. KILDEE, Michigan


ALBERT IT. QUIE, Minnesota
JOIIN M. ASIIBROOK, Ohio
JIIN N. ERIANBORN. Illinois
RONALD A. SARASIN, Connecticut
J-t)IN BUCHANAN, Alabama
JAMES M. JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvania
1W I) SIIUSTER, Pe'nnsylvania
SIIIRLEY N. PIETIS, California
CARL D. PURSELL, Michigan
MICKEY EDWARDS, Oklahoma


SIUBOM M ItFLE ON CO M PEN SATION, I IEALTII AND SAFETy

JOSEPH M. GAYDOS, Pennsylvania, Chairman


JOHN 11. DENT, Pennsylvania
AUSTIN J. MURPHY, Pennsylvania
ROBERT J. CORNELL, Wisconsin
LEO C. 7.EFERETTI, New York
JOSFPHI A. LEFANTE, New Jersey
MICHAEL 0. MYERS, Pennsylvania
GEORGE MILLER, California
CARL P. PERKINS, Kentucky
Lz O0,io


RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
BUD SHUSTER, Pennsylvania
ALBERT H. QUIET, Minnesota
Ex O 0cio










FOREWORD


Tliis coiinittee print contains the text. of Tlhe Federal Coal ifline
Health and Safety Act of 19; "iPublic Law 91-17:3) as aiened by
The Federal Mine Safety and Health Amendments Act of 1977
(Public, Law 95-164) as applicalle to "other than coal mining opera-
tion-s. The. enactment of Public Law 95-1G4 effectuates, four major
changes in mine safety and health law"
It joins all miners. both coal and non-coal. under one law.
It repeals The Federal Metal and Nonmetallic Mine Safety Act
(Public Law 89-5 7)
It upgrades the protection afforded miners by the existing
Federal Coal Mine Health and Safety Act of 1969 (Public Law
91-173),
It transfers mine safety and health administrative functions
from the Department of the Interior to the Department of Labor.
The 1977 amendments make titles I and V of the 1969 coal act ap-
plicable to all mines: titles II (Interim Mandatory Health Stand-
ards). III (Interim Mandatory Safety Standards for Underground
Coal Mines), and IV (Black Luno, Benefits) of that act remain ap-
plicable only to coal mines. Accordingly, this print sets forth only
those provisions of the amended law that apply to noncoal mining
operations.
This print has been prepared in order to provide information and
assistance to Memnbers of Congress and the public with regard to the
new features of the law as they apply to the metal and nonmetallic
mining industry.
JOSEPH -A. GA YDOS,
Chairman.
(II)



















Digitized by the Internet Archive
in 2013













http://archive.org/detaiIs/Icoalmineh00unit











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 1977".
FINDINGS AND PURPOSE
SEC. 2. Congress declares that-
(a) the first priority and concern of all in the coal or other min-
ing 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 or other mines cause grief and
suffering 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 or other mines in order to prevent death and seri-
ous physical harm, and in order to prevent occupational diseases
originating in such mines;
(d) the existence of unsafe and unhealthful conditions and
practices in the Nation's coal or other mines is a serious impedi-
ment to the future growth of the coal or other 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 or other mine accidents or
occupationally caused diseases unduly impedes and burdens com-
merce; 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 Labor to
develop and promulgate improved mandatory health or safety
standards to protect the health and safety of the Nation's coal or
other miners; (2) to require that each operator of a coal or other
mine and every miner in such mine comply with such standards:
(3) to cooperate with, and provide assistance to, the States in the
development and enforcement of effective State coal or other mine
health and safety programs; and (4) to improve and expand. in
cooperation with the States and the coal or other mining industry.
research and development and training programs aimed at pre-
vpntinr coal or other mine accidents and occupationally caused
diseases in the industry.
DEFT .TTONS
SEc. 3. For the purpose of this Act. the term-
(a) "Secretary" means the Secretary of Labor or his delegate:
(b) "commerce" means trade, traffic, commerce, transportation,
(1)








!r co icitunicat ion IuIoI g t11 several States. or bet ween a place
ill a >t ate '111] :1ny lace otsi-:1" thereof, or within the I)istrict of
( 1olumia or a ossesion of the IUnited States, or between points
in the same State but through a point outside thereof;
() "Stat I e" included a State of the UnIted States, the District
of Columbia. the Commonwealth of Puerto Rico, the Virgin Is-
lan, AnerIian Samoa, 11rm, and the Trust Territory of the
Paci)fic Islands
F:) I~er't01 11ea311 any owner, lesseeC, or other peron who
operate's, cont rols, or supervises a coal or other n1ine or any rode-
pe'nde'nt contractor performing services or construct ion at such
milne;
(e) "'agent" means any person charged with responsibility for
thIe operation of all or a part of a: coal mine or the s'pervis1i of
t hr niiiers in a coal or otlr mine :
(f) "person" means aIy indlividal, iPartnershi.p, association,.
corporation, firm, subsidiary of a corporaton, or other orga liza-
tiorn
(g) "miner" m 1eans any individual working in a coal or other

(hi) (1) "coal or other mine" means (A) an area of land from
which minerals are extrcted in nonliquid form or, if in liquid
form, are extracted with workers underground, (B) private ways
and roads appurtenant to such area. and (C) lands, excavations,
lImer roun I passagewavs, shafts, slopes, tunnels and workings
structures, facilties., equipment. machines, tools, or other prop-
erty including impoundments, retention dams, and tailingms ponds,
on the surface or underground, used in, or to be used in, or
resulting from, the work of extracting such minerals from their
natural deposits in nonliquid form, or if in liquid form, with
workers underrIound, or used in, or to be used in, the milling of
such minerals, or the work of preparinc coal or other minerals,
and includes custom coal preparation facilities. In making a deter-
mination of what constitutes mineral milling for purposes of this
Act, the Secretary shall give due consideration
of administration resulting from the delegation to one Assistant
Secretary of all authority with respect to the health and safety of
miners employed at one physical establishment;
(2) For purposes of titles II, III, and IV, "coal mine" means
an area of land and all structures, facilities, machinery, tools,
equipment, shafts, slopes, tunnels, excavations, and other prop-
crty, real or personal, placed upon, under. or above the surface of
such land by any person, used in, or to be used in, or resulting
from, the work of extracting 'in such area bituminous coal, lignite,
or anthracite from its natural deposits in the earth by any means
w. hi111(1 a( t: w11( 11w lwmep' riid the coal3 s ext1'act(e(d, :and
includes custom coal preparation facilities;
(i) "work of preparing the coal" means the breaking, crushing,
zIg, cleaning, w washing, drying, ng,1 storing, and loading of
I1itunlinous coal, lignite, or anthracite, and such other work of
lire~aring such coal as is usually done by the operator of the coal
llne;








(j) "imminent danger' means the existence of any condition or
practice in a coal or other 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 II and
III of this Act, and the standards promulgated pursuant to title
I of this Act;
(in) "panel" means the Interim Compliance Panel established
by this Act;
(n) "Administration" means the Mine Safety and Health
Administration in the Department of Labor; and
(o) "Commission" means the Federal Mine Safety and Health
Review Commission.
MINES SUBJECT TO ACT
SEC. 4. Each coal or other mine, the products of which enter com-
merce, or the operations or products of which affect commerce, and
each operator of such mine, and every miner in such mine shall be
subject to the provisions of this Act.

INTERIM COMPLIANCE PANEL
SEC. 5. (a) There is hereby established the Interim Compliance
Panel, which shall be composed of five members as follows:
(1) Assistant Secretary of Labor for Labor Standards, Depart-
ment of Labor, or his delegate;
(2) Director of the Bureau of Standards, Department of Com-
merce, or his delegate;
(3) Administrator of Consumer Protection and Environmental
Health Service, Department of Health, Education, and Welfare,
or his delegate;
(4) Director of the Bureau of Mines, Department of the Inte-
rior, or his delegate; and
(5) Director of the National Science Foundation, or his dele-
gate.
(b) Members of the Panel shall serve without compensation in addi-
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
Health, Education, and Welfare, the Secretary of Commerce, the
Secretary of the Interior. 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 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) TlIe 1Panel is authorized to appoint as many. hearing exaluiners
a are nieces ry f4r pr Weel W Ii lIi I Fed to h4 con(i ied in acord-
anIe wit 1ihe P)1IoI of th I ct. Ihe rIvisioNs T )I)li(a dIe to hear-
in11 examiners ap)(inted uneter 1t :",105 (f title 5 of the United
States 1( oe -Ialli he appl icalhI to lHearing examiners III)IoIinte d pur-
sua nt t o tl iis sil1ct ium.
(f) (1 ) It -I I:k he the1 fun ion of tIe PaIel to carry out the duties
imsed Il )it prIuant to this Act andl to provide an )p)ortuInity for
a I tlic hIaring, a fter1 not ice, at the request of an operator of the
:I fft At Ic al Iiie I t' I Wl VA)rfselntt iVe of the miners of such mine. Anv
vra o Ir Ie r e t It IreIII I) ne r I I "Y.If1 .II.
opeato 01 Fi )FMl -t 1V ofai IWS rtieved l ,, a final d1ecision of
Ie I I I]InI Iv file I itI n for review o f sII t( decision under sect iol
106 of this (cI. The provisions of this section shall terminate uon
completion of the Panel's fun tions as set forth under this Act. Any
1ea-ring held l)1irl1lnt to this suIbsect ion shll be of record and the
Ianel shall na II(I indins of fact anl shaI l issue a written decision in-
Iorl)rainr jts findings therein in accordance withl section 551 of titIe'
1) o1f th1 Iiteti Staltes Code.
( 2) The I)anel slaI l make an animal report, in writing, to the Secre-
tary for t ransinitiftal by him to the Congress concerning the achieve-
ment of its purposes, and any other relevant information includingg
any rIn n(o lend(at ions) which it deems appropriate.

TITLE I-GENERAl
MANI)AT%-)RY SAFETY AND IIEALTII 5T NwI)ARI)S
Svc. 101. (a) The Secretary shall by rule in accordance with pl)roce-
dures set forth in this section and in ac5o.'ance with section 553 of title
5. 1United States Code (without ie,gard to any reference in such section
to sections 5.56 and 557 of such title), develop, promulgate. and revise
as may he appropriate, improved mandatory health or safety standards
for tle protection of life and prevention of injuries in coal or other

(1) Whenever the Secretary, upon the )asi s of information sub-
mitted to him in writing by an interested person. a representative of
any organization of employers or emplloyees, a nationally reconrized
standards-pro ueing organization, the Secretary of Health,. Educa-
tion. an( Welfare, the Natiomnal Institute for Oceiua tonal Safety and
Health, or a State or political subdivision, or on the basis of informa-
tion developed )NI the Secretary or otherwise available to him, deter-
mines that a rule holdd be promulgated in order to serve the objectives
of this+ Act, the S;cretary may request the recommendation of an ad-
visory committee appointed under section 102(c). The Secretary shall
provide such an advisory committee with any proposals of his own or
of the Secretary of Health, Edlucation. and Welfare, together with all
)ertinent factual information developed )y the Secretary or the Secre-
taryN of Health, Education. and Welfare. or otherwise available, includ-
)i leyeilt of rsearcl, demonstrations, and experiments. An ad-
visor" committee shall ~1l)mit to the Secretary its recommendations
re~8r:lin the rule to b~e promulwuted within 60 days from the (late of
its apv)lint ,et or within such longer or shorter: peiod as may be
ire'crihed I)v lie Secestary. !.t in no event for a period which is
long-er I h~a I 1





5

accG;nJcaied bv appropriate criteria- f io I he National Institute for
Occupatlional Safety and Health that a rule be promulgated, modified,
or revoked, the Secretary must, within 60 days after receipt thereof,
refer utclh recommendation to an advisory committee pursuant to this
paragraph, or publish such as a proposed rule pursuant to paragrraph
(2). or publish in the Federal Register his determination not to do so,
and his reasons therefor. The Secretary shall be required to request the
recommendations of an advisory committee appointed under section
102(c) if the rule to be promulgated is, in the discretion of the Secre-
tary which shall be final, new in effect or application and has sigmifi-
cant, economic impact.
(2) The Secretary shall publish a proposed rule promulgating,
modifying, or revoking a mandatory health or safety standard in the
Federal Register. If the Secretary determines that a rule should be
proposed and in connection therewith has appointed an advisory
committee as provided by paragraph (1), the Secretary shall publish
a proposed rule, or the reasons for his determination not to publish
such rule, within 60 days following the submission of the advisory
committee's recommendation or the expiration of the period of time
prescribed by the Secretary in such submission. In either event, the
Secretary shall afford interested persons a period of 30 days after any
such publication to submit written data or comments on the proposed
rule. Such comment period may be extended by the Secretary upon a
finding of ood cause, which the Secretary shall publish in the Federal
Register. Publication shall include the text of such rules proposed in
their entirety, a comparative text of the proposed changes in existing
rules, and shall include a comprehensive index to the rules, cross-
referenced by subject matter.
(3) On or before the last day of the period provided for the sub-
mission of written data or comments under paragraph (2), any inter-
ested person may file with the Secretary written objections to the
proposed mandatory health or safety standard, stating the grounds
therefor and requesting a public hearing on such objections. Within
60 days after the last day for filing such objections, the Secretary shall
publish in the Federal Register a notice specifying the mandatory
health or safety standard to which objections have been filed and a
hearing requested, and specifying a time and place for such hearing.
Any hearing under this subsection for the purpose of hearing relevant
information shall commence within 60 days after the (late of publica-
tion of the notice of hearing. Hearings required by this subsection
shall be conducted by the Secretary, who may prescribe rules and make
rulings concerning procedures in such hearings to avoid unnecessary
cost or delay. Subject to the need to avoid undue delay, the SecretarT
shall provide for procedures that will afford interested parties the
right to participate in the hearing, including the right to present oral
statements and to offer written comments and data. The Secretary
may require by subpoena the attendance of witnesses and the
produc-tion of ei(lence in connection with any proceeding initiated
under this section. If a person refuses to obey a subpoena under this
subsetion, a United States district court within the jurisdiction of
which a proceeding under this subsection is conducted may, upon pe-
tition by the Secretary, issue an order requiring-- colnI)lianCe 'with such
subpoena. A transcript shall be taken of any such hearing and shall
be available to the public.
20-140-T7--7 2








It)(A) Wit bin 90 "1a11 aft ver ti it ion of tlle record of the
tiii lwl1 Vmr3fl1lt to I)r8zrI)h (8). the Secretary shall by rule
pr,iilgat c, ijod i fy, v I I-,\ Nke I l1 mandatory health or sa fe stand-
ai'ild. a l)1 11) 1 I~ l i l i 1 r d I- I h Ire for,.
( I ) in ie case o f a IIrIIpo ei ii.Itf)datorv healP II or sa fety standard
i fiich object i I, I- reqeI I,,I I I I II): )11 lic arin r h1 ave. not been filed, the
>ecret 8 rv, \ it lbin 9i ht1 aft"r lie perI for filing ucl object ions has
vx-ired.w psli 1 bI rley p:roijiliat, md i f or revoke such mandatory
'taudar, V, and lpubl iil li: rea n thewref()r.
S(I ) In he event the Set're arv let engines that a proposed man-
1ator lalth or saFf: v st (,arI. d IwIIl -it Ie, apoIulgated he shall,
vi ,hmn tae i i'Is 1 i*ci011 in _r1tragrahls (A) and (B) publish his
reasons fo~r lis let eriinat ion.
( ) Any iiiand1,to ,r.' health or sa fet v s-tandard promulgated as a
tinal rule undcir this sectionl hall bie effecctive u1)0pol!)licat ion in the
FethTr:iI Register unless the Sec!ret arv s~ecifies a later' date.
(63)(A) Thie Sere a. in p~roniu+lgatlng mandatory standards
dealing with toxic mterials oI I I I u ful p)1yIical agents under this sub-
I 10 11 hall ct -1tIl( !,I 1-ols I h lmst adequately assure on the basis
of t]e l)est availalle evidence that no 'miner will suffer material impair-
nent of health or functional capacity even if such miner has regular
exposure to tie hazards dealt with by such standard for the period of
his working life. development of mzandatory Stanlards under this sub-
(toIo shall be based upon resca rch, denionst rat ions, experiments, and
such other in formation as may be appropriate. In addition to the
attained nt of the highest degree of health and safety protection for
the miner. other considerations shall be the latest ava Ilable scientific
data in the field, tIe feasibility of the standards, and experience gained
under this and other health and safety laws. Whenever practicable,
tIle mandlator health or safety standard promulgated shall be ex-
plressed M terms of objective criteria and of the performance desired.
(B) The Secretary of Healt 1h, Education, and Welfare, as soon as
possible after the (late of enactment of the Federal Mine Safety and
lfealth Amendments Act of 1977 hut in no event later than 1S months
after such dlate and on a continuing basis thereafter, shall, for each
toxic material or harmful physical agent which is used or found in a
mine, (letern ine whether such material or agent is potentially toxic at
the (onelt rations1 in which it is used or found in a mine. The Secre-
tarv of health, lducatlon, and Welfare shall snlbmit such determina-
tions witi respect to such toxic substances 0 hairinfful physical agents
to thl, Secretary. Ihereafter, the Secretary of Health, Education, and
\Velfare shall submit to the Secretary all petinent criteria regard-
irg a1Ny such substances determined to be toxic or any such harmful
agents as such criteria are developed. Within (0 days after receiving
any criteria in accordance with the preceding sentence relating to a
I o)Xw material or() harmfull. ical agent vhich is not adequately
covered b)y a muadat ory health (or sfety st anidard promulgated under
tli, section, t le Secretary shall either aI)oint an advisory committee
to make r coln iend(ations with Irespect to a mandator*v health or safety
t andard covering such material or gellt il accordance with para-
rap1h (1) or publiI a Iproposetl nle pironulgatin such a mandatory
lIalt Ih w, sa fetyv st anda r(l in a,(O'('rdance with paragraph (2), or shall
)11iliT i der nation not to do so.








(T) Any mandatory health or safety standard promulgfated unJ(,r
this subsection shall prescribe the u-se of lal-)eIs or other a pp:'opriate,
forms of warning as are necessary to insure that miners are apprised of
all hazards to which they are exposed, relevant symptoms and appro-
priate emergency treatment. and proper conditions and pr oauti o is of
safe use or exI osm-e. he l)v appropriate, sUUi mana (tory 'di*"
shall also prescribe suitable protective equipment and control or t( ,-
nolo1ical procedures to be used in connection with Suci hazards and
shall provide for monitoring or measuring miner exposure at such loca-
tions and intervals, and in such manner so as to assure the mnxi""m
})rofection cf miners. In addition, where appropriate, any such manda-
tory standard shall prescribe the type andi frequency of medical exam-
inations or other tests which shall be made available by the operator at
his cost. to liners exposed to such hazards in order to inost eilectivelv
determine whether the health of such miners is adversely affected
by such exposure. Where appropriate, the mandatory standard shall
provide that where a determination is made that a miner may suffer
material impairment of health or functional capacity by reason of ex-
posure to the hazard covered by such mandatory standard, that miner
shall be removed from such exposure and reassigned. Any miner trans-
ferred as a result of suchb exposure shall continue to receive compen-
sation for such work at no less than the regular rate of pay for miners
in the classification such miner held irnmediately prior to his transfer.
In the event of the transfer of a miner pursuant to the prec-ding
sentence, increases in wages of the transferred miner shall be based
upon the new work classification. In the event such medical examina-
tions are in the nature of research, as determined by the Secretary of
Health, Education. and W elf are, such examinations may be furnished
at the expense of the Secretary of Health, Education, and Welfare.
The results of examinations or tests made pursuant to the preceding
sentence shall be furnished only to the Secretary or the Secretary of
Health, Education, and Welfare, and, at the request of the miner, to
his designated physician.
(8) The Secretary shall, to the extent practicable, promulgate sep-
arate mandatory health or safety standards applicable to mine con-
struction activity on the surface.
(9) No mandatory health or safety standard promulgated under
this title shall reduce the protection afforded miners by an existing
mandatory health or safety standard.
(b) (1) The Secretary shall provide, without regard to the require-
ments of chapter 5, title, 5. United States Code, for an emergency
temporary mandatory health or safetv standard to take iniiediate
effect upon publication in the Federal Register if he determines (A)
that miners are exposed to grave danger from exposure to substances
or agents determined to be toxic or physically harmful. or to other
hazards. and (B) that such emero'encv standar(l is necessaryv to protect
miners from such danger.
(2) A temporary mandatory health or safety :tandard shall be
effective until supe.rseded by a mandatory standard proiul (rated in
accordance with the procedures prescribed in parayraph (3) of this
subsection.
(3) Upon publication of such standard in tle Federal Re.ister.
the Secretary shall commence a proceeding in accordance with section







110 (a), al the 1, :tiilarcI- a-1 1ul Ali.I l I l ( I )o I ( I
vullh filr e i B it, Tlw Seret a r -1 l :11l pri')IuIIIl : Ite a mtan (Iatory
lt ,ahl o)r if," Iv )Lii l~a1! !rnulet t~i;- Ipalragraphi no) laer than nine
i)iuilil+ aftar lj)ll1i+'a1 ion o)f i li iln, g i, i N,)+. ii, ipor:trv standard as
(e,) I POH())l P~e( i i()n l)v l lie, Ol),rtrI I f1 t eI (,Ii ,I I I of m i1:nrs,
he ( Sercrell. Iuav Inoilfv t111 apli V hit 'I of 1 1IV i: dat)ry safety
sta i'itari 14) a (cal o r o)w. iine if Ie S I', I NtIarv dleIeriIIIIes that an
:II ri at ive Il 1, i 1 >f adi ei I, II t :I rI I f 1:1ml >tanlard exists
whih will at all i I ies I I l e I I ia, ii r l a"I Il 'easure o If
r( d el ion b Jf) t ld'4l th Il ner 1 f IcIh in e III v 1h 1 s( aia rd, or that
I!( hi li pl i(ati iin 4) sueb > an I(a l:d to )iltl)i ne will result in a (1inminn-
ti)n o f afe(, to il, n), n slcl ind. I i))1 U''(i)1 of stioh petition
I ie(/ Secret ary' slm1 I i ~ i <} d ) ic'e t it ,ree) andl give it< ice to t he oper-
ator or the represeit at i'ye of n)iner- ini the afleet et I nuine, as appropr-
ate. an I shaoll ea;u : sii,!i invest;'gal t ii t<> I~e made a)s I e (leehls appro-
j~riate. SiJch investigations shall 1)Viie an1 Ol~j))I'tlliity for at public
lieal'iHg at tlhe rejliiest o)f stich ol)er:at<) t )01 reprM',t at ire or other inter-
e'sted party, to enable t lie op erato 01' OPhe rei!)1'eM'ftative u'of lninei in
-u+ch li he1 ,)r lothe interested 1)artyv to present in formation relating to
thie Imodificat ion of such stand~ardl. Before iaiit ing an ex(cption to a
niandat ry sa fety si an&larid, I lie find lins of t lie S~eretary or his an-
t Iorwzedl represent ative s hall l)e iiiade public1 andl shall I e'avaihahie to
I he reprlesentat ire of t he miners at the affected nine. The Secretary
+-hall issue a ilecision incorp~orat ing his findling+s of fact therein, and
send a copy thereof to) the oplerator or the r'ejres('it at ire o)f the miners.
;1s appr)riat e. Any such lieai ring shlall 1e of record anud shall b sub-
ject to section 554I of title ;;) of the I united States ('ode.
(d) Any person who nmay he adlvelselv affected hr a mandatory
health or safety standtardt prolnul ated un ler th~is sect ion mav, at any
time prior to the six.tieth day after such ,tan lardl is promu lgated, file
a petition 'hallen~zing the validity of such niand'ator v sandard with
I ie I~niteal States COurlt o)f Ap~peals fo)r I lie 1)ist'ict, of Columnbina
("ircuit or the circuit wh rein sucoh p. place of business, for a judicial r'eview of such) standard. A copy of
thle pet it ion shall b~e fort )lil transmitted byv the clerk o)f the court to
the Secret ary. The filing of such p~etit ion shall not. unless otherwise
ord' that ha~s not been urg' ed h)e fo)re t ie Secretary shall lbe considered by the
eoui4, unless tile failu re or neglect to urge su<,h objection shall be
excusedl for goodl cause shown. Th~e validity of any' ma+ndatory, health
or safety standlardi shall not Ibe subject to chaliencre on the grounds
that any of the tinye lim~itations in this s+e Tlie procedures of this subsection shall he time exclusive means of chal-
leniging. the validity of a mandlatory healthI or" sa fet stanidard.
(e) The Secretary shall send a corpy of every proposed mandatory
beal i r a ft sanard01 1e!iat ion at th e tinme of publication in
th)e 1Federal RIe~bster to the operator of each coal or other mine and
the representsative of the' miners at such mine and suchel copy shall he
inimediatelyV posted on1 the bulletin boa:)rd o~f the mine by the operator
or his agent. hu)t+ failure to receive suc o~f the o!)l igatin t (m o ldly with Im -eli standard id or" reoilafiotn,








ADVISORY COMMITEES
SEC. 102. (a) (1) The Secretary of the Interior shall appoint an
advisory committee on coal or other mine safety research composed
of-
(A) the Director of the Office of Science and Technology or
his delegate, with the consent of the Director;
(B) the Director of the National Bureau of Standards, De-
partment of Commerce, or his delegate, with the consent of the
Director;
(C) the Director of the National Science Foundation, or his
delegate, with the consent of the Director: and
(D) such other persons as the Secretary of the Interior may
appoint who are knowledgeable in the field of coal or other mine
safety research.
The Secretary of the Interior shall designate the chairman of the
committee.
(2) The advisory committee shall consult with. and make recom-
mendations to, the Secretarv of the Interior on matters involving or
relating to coal or other mine safety research. The Secretary of the
Interior shall consult with. and consider the recommendations of, such
committee in the conduct of such research, the making of any grants,
and the entering into of contracts for such research.
(3) The chairman of the committee and a majority of the per-on
appointed by the Secretarv of the Interior pursuant to paragraph (1)
(D) shall be individuals who have no economic interests in the coal or
other mining industry, and who are not operators, miners, or officers
or employees of the Federal Government or any State or local
government.
(b) (1) The Secretary of Health, Education. tand Welfare shall
appoint an advisory committee on coal or other mine health research
composed of-
(A) the Director, Bureau of Mines, or his delegate, with the
consent of the Director;
(B) the Director of the National Science Foundation, or his
delegate, with the consent of the Director;
(C) the Director of the National Institutes of Health, or his
delegate, with the consent of the Director; and
(D) such other persons as the Secretary of Health, Education.
ant Welfare may appoint who are knowledgeable in the field of
coal or other mine health research.
The Secretary of Health, Education, and Welfare shall designate the
chairman of ihe committee.
(2) The advisory committee shall consult with, and make recom-
mendations to, the Secretary of Health, Education, andl Welfare on
matters involving or relating to coal or other mine health research.
The Secretary of Health, Education, and Welfare shall consult with.
and consider the recommendations of, such committee in the con(Iuct
of such research, the making of any grants, and the entering into of
contracts for such research.
(3) The chairman of the committee and a majority of the persons
appointed by the Secretary of Health. Education, and Welfare pur-
suant to paragraph (1) (D) shall be individuals who have no economic








iuivt('l'1 : il t lie c i (4 other m iing indust r, and whi are, not opera-
q r i[Ii n v or ()Iiirt' or ciiiI)lo?'ees o)f the federal ( ioverninent or
aiiv >tate ol' local gov'ernin ent.
{ t' ) Tihe Seereta~y 0o tle Scrctary of health, Education. and
II. f:ret he I-:: :1)v)oilt oWlYer I(Ivisoiry II IIIItittees as lie deems aIpPro-
:Irite vo :dI! I h I Cim in c'rryin t t th provoniils of th II A't Ti
1, 1 1tV 1, 1 t1v f I ItatIy of Ilealt II, ucatIn, and Welfare. as the
t'he may be. shall :)mioit t he c'hairi1an of each such committee. A
faj IIri v of the e -/i Irs (i eluding the chairman) of any such advI-
V o'V l I I t(C ))Oi t I r IIl 1r I It t is I ISt io I all ec opo ed
of InividaIs who have no c IoIIic interests in the coal or other mIn-
iIi: i rv, ad who are not eIratrs, ImIneI, or oilicers o' emIloyees
of I he eIeral (o;IvenIent o) aIy I t t 0r) local goveI ri11eut.
di AIvi-oi'v uniiltee iIIbI.Ier other than oIheIIs (r eiployee
of ieder:l, te, 01' loal- goverIments, sIIall be, for each day (in-
eluding t avelte) durin hi h thev are I)erforuiIng committee
t1i1e1- cnit led to receive coIupensa t ion at a rate tixed l)y the appro-
rit secretaryy bvut not in excess of the maximum rate of pay for
grde (;S-1 as provided in the General Schedule under section 5 332
of title S of the United States Code. and shall, notwithstanding the
liniit.tioiis of seetiolls 57t)4 and 5704 of title S of the Inited States
('ode. ILe fully reimbursed for travel, subsistence, and related expenses.

INSPECTIONS, INVESTIGATIONS, AND RECOEDKEEPING
Sir. 1103. (a) Authorized representatives of the Secretary or the
SeclretarY of IHealth, Education, and Welfare shall make frequent
inspections and investigations in coal or other mines each year for the
l)o e of (1) obtaining, utilizing, and disseminating information
relatinug to health and safety conditions, the causes of accidents, and
the caiises of :tise's1s anl physical impairments originating in such
mines,. (2) gathering information with respect to mandatory health
or safety standars, (3) determining whether an imminent danger
exists, aInd (1) determining whether there is compliance with the
mandator'v health or safety standards or with any citation, order, or
decision issued under this title or other requirements of this Act. In
carrying out the requirements of this subsection, no advance notice of
an0 Ispet ion shall I provided to any person, except that in carrying
out the requirements of clauses (1) and (2) of this subsection, the
Secretary of Ihealth, Education, fnd Welfare may give advance notice
of iTspctions. It oa'i'ying out the requirements of clauses (3) and
(4) of this subsection, tle Secretary shall make inspections of each
iiu1derround coal or other mine in its entirety at least four times a
year. and of each surface coal or other mine in its entirety at least two
times a year. The Secretary shall develop guidelines for additional
ins pect ions of mines based on criteria including, but not limited to, the
hlzalmds found in mines subject to this Act, and his experience under
till-i Act and other health and safety laws. For the purpose of making
any ilnspection or investigation una(er this Act, the Secretary, or the
Secretarv of Iealth, E(ltmcation, and YWelfare, with respect to ful-
ili is respionsbli)lities under this Act, or any authorized represent-
SIV(ie of tle Ccretary 01' the Secrietary of IIealth, Education, and








Welfare, shall have a right of entry to, upon, or tlirough any coal or
other mine.
(b) For the purpose of making any investigation of any accident
or other occurrence relating to health or safety in a coal or other mine,
the Secretary may, after notice, hold public hearings, and may sign
and issue subpoenas for the attendance and testimony of witnesses and
the production of relevant papers. books, and documents, and admin-
ister oaths. Witnesses summoned shall be paid the same fees and mile-
age that are paid witnesses in the courts of the United States. In case
of contumacy or refusal to obey a subpoena served upon any person
under this section, the district court of the United States for any dis-
triet in which such person is found or resides or transacts business.
upon application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person to ap-
pear and give testimony before the Secretary or to appear and pro-
duce documents before the. Secretary, or both, and any failure to obey
such order of the court may be punished by such court as a contempt
thereof.
(c) The Secretary, in cooperation with the Secretary of Health,
Education, and Welfare, shall issue regulations requiring operators
to maintain accurate records of employee exposures to potentially
toxic materials or harmful physical agents which are required to be
monitored or measured under any applicable mandatory health or
safety standard promulgated under this Act. Such regulations shall
provide miners or their representatives with an opportunity to observe
such monitoring or measuring, and to have access to the records
thereof. Such regulations shall also make appropriate provisions for
each miner or former miner to have access to such records as will
indicate his own exposure to toxic materials or harmful physical
agents. Each operator shall promptly notify any miner who has been
or is being exposed to toxic materials or harmful physical agents in
concentrations or at levels which exceed those prescribed by an
applicable mandatory health or safety standard promulgated under
section 101, or mandated under title II, and shall inform any miner
who is being thus exposed of the corrective action being taken.
(d) All accidents, including unintentional roof falls (except in
any abandoned panels or in areas which are inaccessible or unsafe for
inspections), shall be investigated by the operator or his agent to
determine the cause and the means of preventing a recurrence. Records
of such accidents and investigations shall be kept and the information
shall be made available to the Secretary or his authorized representa-
tive and the appropriate State agency. Such records shall be open for
inspection by interested persons. Such records shall include man-hours
worked and shall be reported at a frequency determined by the Secre-
tary, but at least annually.
(e) Any information' obtained by the Secretary or by the Secre-
tary of Health, Education, and Welfare under this Act shall be
obtained in such a manner as not to impose an unreasonable burden
upon operators, especially those operating small businesses, consistent
with the underlying purposes of this Act. Unnecessary duplication of
effort in obtaining information shall be reduced to the maximum extent
feasible.






12


(f) Subject to repilat ions i sued by the Secret I air a re prentat-iVe
of the operator and a representative authiorize(t 1) h1is miners shall
b( givell I Opport lintt to accompany the Secretary IT his au:1 orized
represntative during the physical inspection of any coal or other
mine made pur of aiding such inspection and to participate in pre- or pst-i sp ol
In fences held at t he mline. Where there is n( alt horized miner repre-
sentat ive, t he Secret arV or his authorized representative shall consult
wit Ii a rcas+,nal>h, nhll:r of ilinlers conceringf matters of health and
.af(ty in such mine. Such representative of miners who is also an
em ployee of the operator shall suffer no loss- of pay (luring the period
of his participation in the inspection made under this selection. To
the exten t tha the Secret arv or authorized representative of theSecre-
tary leterniines that more than one representative from each party
would further aid the inspection, he can permit each party to have an
equal number of such additional represntatives. However, only one
such repre-entative of miners who is an employee of the operator shall
1)e entitled to suffer no loss of pay during the period of such participa-
tion under the provisions of this sul)section. Compliance with this
subsction shall not be a juris(lictional prerequisite to the enforcement
>f any !)ro>vi-i,,n of tlhi' Act.
(sI (1) Whenever a representative of the miners or a miner in
the case of a coal or other lne where there is no such representa-
tIre Ive has ranabl grounds to believe that a violation of this Act
or a mandatory health or safety standard exists, or an imminent
dancer ex Its, such miner or repres-entative shall have a right to obtain
an immediate inspection by giving notice to the Secretary or his
authorized representative of such violation or (anger. Any such notice
shall bxe reduced to writing, signed by the representative of the minenq
or by the miner. and a copy shall provided the operator or his agent
11 later tan :1 t t 1' i ) of inpe. T ion, ex< ei t hat th1e operator or
his agent shall I)e notified forthwith if the complaint indicates that an
imminent danger exists. The name of the person giving such notice
and the names of individual miners referred to therein shall not appear
in such cpy or notification. Upon r ceipt of such notification, a special
inspection shall be made as .soo-n as possible to determine if such viola-
tion or lner exists in accordance with the revisionn of this title.
If the Serretarv (etermines that a violation or clanger does not eXIst.
he shall notify' the miner or representative of the miners in writing
of such determination.
(2) Prior to or during any inspection of a coal or other mine, any
representative of miners or a miner in the case of a coal or other mine
where there is no sc(h representative, may notify the Secretary or any
reypresentative of the SeTtary, responsible for conducting the inspec-
tion, in writing, of any violation of this Act or of 9ny imminent
(langer which ie has "reason to believe exists in such mine. The
Sek+tarv shall, bv regulation, establish procedures for informal
review of any refusal by a re pree-ntive of thSra to issue a
citation with respect to any such alleg-ed violation or order with
respect t> such daner and shall furnish the representative of miners
or miner relu(estinz such review a written statement of the reasons
for t!e S'rltry, s final di'p







(]I) lII a(litiol to silch recor(ls as are specifinalVy re(tlired 1)V this
Act, every operator of" a (oal or other mine shall establ ishx and main-
t'ain Sit .11 records, make such rep orts, am l provide Sii(-)i inftori11t1aill,
as the Secretary or the Secretary of Health, Education, and Welfare
may reasonably require from time to time to enable him to perform
his functions under this Act. The Secretary or the Secretary of Health,
Education, and Welfare is authorized to compile, analyze, and publish,
either in summary or detailed form, such reports or information so
obtained. Except to the extent otherwise specifically provided by this
Act, a11 re ord1s, inf)rlatilon, reports, finl(1i11'2. clii 6a s. l,,tiu e .
orders, or decisions required or issued pursuant to or under this Act
may be published from time to time, may be released to any interested
person. and shall be made available for public inspection.
i) W henevei the Secretarv finds that a coal or ot icr ni, ie liiber-
ates excessive quantities of methane or other explosive gases dring its
operations. or that a methane or other gras ignition or explosion has
occurred in such mine which resnited in death or serious injury at any
time during the previous five years, or that there exists in such mine
some other -especially hazardous condition, he shall provide a mini-
mum of one spot inspection by his authorized representative of all or
part of such mine during every five working days at irre(Tilar inter-
vals. For purposes of this subsection, liberationn of excessive qualitities
of methane or other explosive vases" shall mean liberation of more tlan
one million cubic feet of methane or other explosive gases durin," a
24-hour period. When the Secretary finds that a coal or other mine
liberates more than five hundred thousand cubic feet of methane or
other explosive gases during a 24-hour period, he shall provide a
minimum of one spot inspection by his authorized representative of
all or part of such mine every 10 working days at irregular intervals.
When the. Secretary finds that a coal or other mine liberates more
than two hundred thousand cubic feet of methane or other explosive
gases during a 24-hour period,l he shall provide a minimum of one
spot inspection by his authorized representative of all or part of such
mine every 15 working days at irregular intervals.
(j) In the event of any accident occurring in any coal or other
mine, the operator shall notify the Secretary thereof and shall take
appropriate measures to prevent the destruction of any evidence which
would assist in investigating the cause or causes thereof. In the event
of any accident occurring in a coal or other mine, where rescue( :md
recovery work is necessa r the Secretary or an autlborized rer' e t, -
five of the Secretarv shall take whatever action he deems apprepria e
to protect the life of any person, and he mnay, if he (leeMS it 1ippro-
priate, supervise and direct the rescue and recovery activities in such
]nine.
(k) ITn the event of any accident occurring in a coal or other nine.
an authorized representative of the Secretary. when pre ent, nmay
issue such orders as he deems appropriate to insure the safety of ,nv
person in the coal or other mine. and the operator of such mine' shall
obtain the approval of such representative. in colmIltation with
a ppropri ate State representatives, when feasible, of any pl.an to recover
any person in such mine or to recover the coal or other mine or return
affected areas of such mine to normal.
20-140-78 3










>1, 1+1. I: I i. iijt, 'Ii i IIwei't i1 or i iv A iiga! ion" t ie Sccretary or
ii- :i l Ia, i'e' -+'lt1lat1 ye l)clicvcs t ht an "rl~1lo( of' a coal or
1t 1' I1I i li ii t tlc t llas I olated tisI Act. aIy IIIIIcdatory

lwiail 1t ( t f It Ile I1htl. "11\1eI Ill r I 1" prlt-s ls( Iel a ed put-
r "', tI 4)t1':lr l'1 t at ion -hall tbe in writ iin aiil shall describe
\V it I ti iriil I v tIe c1II1 IIre If the violatiou, I I reference

) la: t' I i I) I 4'.I. II i ahlill1, 1 l' aitti I Iall 1ix a Ieasonable
tIii 1 1i 8, rileiti'it o f the violet io T)I Ie l1 11ireieIt for the
~-i:ili !'+ ;1 :1 .1 tati~ n lwitl l' easMlalde lrI+ilil)t ness shall not be a juris-
,ioh:l l I+ lji-,iie 10 the ciifoireitcut of aIy IIroviS I II of this Act.
h [) I t. iip,,ii :lI1V tl'(do\',-iii inlsl4't ion o)f a ,'oal or otlicr mine, an
I~tii i i ri::' rt~r'-ct t:ive of tlie Secret'aliy fiulds (1) that a violation
ule-+i'iI l tiii :1 t'J1:itz loll i--iledl p)ir~ Il l | to 'iih-cct 101 ) 1ia- ilot IIeelI
lul :i liv al ~lt,' I xx U Iiir the,. pe+riod+ o f time+ :ls ,ori/iiialv fixedl th-erein
1 1 -ii,.-' fel i t v exte lel. and (2) that the period of t mw for the
8a):I Ifit h() ( lo tIot le furl her ext'le(1, le shall dletermie the extent
,,f t lie :1 Ve8 :1tw.l 1)y lie violatim and ThaIll )mtly issue an order
VwlI~l t' Ie IpeI'1w'rdot suh ilie or hII,, agenvt to1() ieiatl cause
alI l'er-oii+, exeeI)t those per'sonsI referred to ill stilisect ion (c) 1o 1w
V. it' l,dvii fi'oii, all to lIe pIrohil)ited fn all ent erig, such area iiiit i
:111 ai1t 1tl', Iv- Vw It 'a ive o V I lie s>ec(r,, arv I let eri ines mI at Iuch
violat i(11 4a ( ('I albated.
c The I*( dlowing peis+ols shall not be reqIire1 to be withd drawn
fromI, 0r p)rdhil)ited fromii entering, any area of the coal or other mine
ith je t to ( al t)r vi. i dlle l 1lder tlbis s'e'1io :
( 1 ) :8 1 pi'r()i whose I rese<,ce ill sur'h area is nwcessary, in the
jiuh-iiieiit of' O lie )l;)(t or orla ,alut lriz(l rel)1eseu:tivi, of the
u'4 8 1'V. t,, eli i nate I i(' (4 di it )I 1 ,'i d itl ill I w h or
h II:!I (, t li cm d1 oi e
12) .2 iiv 1 N.i I il o 1l'.1 wI
aIv1', ,prcsetative of the miners ill slich mine wh1o iS, ill
t lie i me! it,' t f t 1 +~l o e(urat r 4W r OU aii :, lit ,-ized rl1epl t 1alive of
t lit, > ,4':' :I t'v. )Iw: i"iel to,) 1al1e '"'l I iI Ix;L i ,:I t 10> (11' wio is
a 'oui,: i, e v ,,(cli a l)'rs( m alnd 'hose presence in such area is
n1.'V 'Wrv Ifr tile i Ivest igation of the coi)Ilit ions described in the
)rd (, r I I +
1t an v <' iiitIant I<> any of the fore<>in .
(() (d 1 ) If. (Ii)(+! 8!IV iivs t )l (l lie mire, :iu! author-
iz,',' ,I'I -eui, ()f tlie Secretarv find' that there has )een a viola-
+i, lou ,f :fliv in ,l:utorv healthh or :fetv -talaMd. and if he also finds
1 :1~ ,whi ii le ~ le' lit ions created I)v sulch violation (10 not cause iini-
Nil''Ifl't rorQv i v 14)1:1t1 ;- of sm-11 I-Ml n' : ('Wnll >rif(:uTv :I "1)
> t:, lilt iallv ,',11 rIlmie to tle 'al se antd effect of a col or ot her nmine
Sfe't v or h~e'l!11:1z1- ar1, and if le finds 511('l violation 1,) 1)e ('ause(l )y
:iul 1 W i',i'i1',l l,, failzur(v of slc(ll ol)erator to coiliplv with sch manda-
Wrv le:i t! Bor +a ftIv s:Indarls, l I small Icl Ide sI IclI find ig in any
,'i at io ~gi'111, to> 1114, o>'erator' uinieir 11his Act, If, lurin the same
11" 't(,+'t it d 4)1'81 vr :, l litnit inspection of su(ch mine within 90 days






15


after the issuance of such citation, an authorized representative of tfle
Secretary finds another violation of any mandatory healthl or safety
standard and finds such violation to be also caused by an ulwarrant-
able failure of such operator to so comply lie fa l flhwl L4t1 i-1e a)
order requiring the operator to cause all persons in the area affected
by such violation. except those persons referred to in subsection (c)
to be withdrawn from, and to be prohibited from entering, such area
until an authorized representative of the Secretary determines that
such violation has been abated.
(2) If a withdrawal order with respect to any area in a coal or other
mine has been issued pursuant to paragraph (1), a withdrawal order
shall promptly be issued by an authorized representative of the Sore-
tary who finds upon any subsequent inspection the existence in such
mine of violations similar to those that resulted in the issuance of the
withdrawal order under paragraph (1) until such time as an insp~ec-
tion of such mine discloses no similar violations. Following an inspec-
tion of such mine which discloses no similar violations, the provisi1s
of paragraph (1) shall again be applicable to that mine.
(e) (1) If an operator has a pattern of violations of nmndatorv
health or safety standards in the coal or other mine which are of such
nature as could have significantly and substantially contributed to the
cause and effect of coal or other mine health or safety hazards, he shall
be given written notice that such pattern exists. If, upon any inspec-
tion within 90 days after the issuance of such notice, an authorized
representative of the Secretary finds any violation of a mandatory
health or safety standard which could significantly and substantially
contribute to the cause. and effect of a coal or other mine safety or
health hazard, the authorized representative shall issue an order re-
quiring the operator to cause all persons in the area affected by sueh
violation, except those persons referred to in subsection (c), to be
withdrawn from. and to be prohibited from entering, such area until
an authorized representative of the Secretary determines that such vio-
lation has been abated.
(2) If a withdrawal order with respect to any area in a coal or
other mine has been issued pursuant to paragraph (1), a withdrawal
order shall be issued by an authorized representative of the Secretary
who finds upon any subsequent inspection the existence in ,uch mine
of any violation of a mandatory health or safety standard which c'mld
significantly and substantially" contribute to thie cause and effect of a
coal or other mine health or safety hazard. The withdrawal order shall
remain in effect until an authorized representative of the Secretary
determines that such violation has been abated.
(3) If. upon an inspection of the entire coal or other mine, an
authorized representative of the Secretary finds no violations of mn-
datory health or safety standar-ds that could si~niffilautly am1 slb-
stantially contribute to the causo and effect of f coyl or 01her Indle
health and safety hazard, the pattern of violqtions flh t reslt('d il
the issuance of a notice under paraaraplh (1) slafll be deemed to b~e
te-ninated (In-l the provi.zons of pa," ,a',] ,.,_, (1) nd to) shall no
longer apply. However, if as a result of sni eqient viola iols,. t!e
operator ree~tabliq-e, a pattern of violations. pl'ag-ralhs (1) and (2)
>liall again be applicable to such operator.








I ['-haI SIIr IIa rv lvtl -i mke Ie lblsle :I lie I I'etI nec Isnry to
+t al ii It e i+ri' 'a fi I e a 1111111 in v !,vtel a pa ttern of viohi ions of Iai-
H la vwv lit :j lii a ,,r sa f,+iv +t a ndai vs exists.
f f) I f'. )t ri,,!'~ I tiii l S~des t a ken. al lVzAM1. 1 IiI recorded Iruant
I'+ I(II I I. ei sI k lcle taken during i inI1 l,-,''t 10n by an author-
i/eul rrs r-eti a i, ef t i.e SIhnretary, the alI l i ul Ie I iIIt ()I the con-
,'lir: I i Ill" r, iraI l l sit require id to II )I lu iltailed under this Act
I I e' ( I I 1 i I I' t )r.' V it v d ilat ed. t ie Secret a r v )l Iliis t horized rep-
Ia I I + tIs1 -i1 I:I it,, :1 alt a1 i i fixing a reasoi inle time for the abate-
+i 1t1 ,f' t lex jai+,lat ion. l)ttrit Slc1h til, it 1w operator f i m1ine shall
.l~t+e 1it1e+ le-'etrileaI in -ct ion '21+2( a) to Ie taken of the affected
:l14': r Il+ I it 1ion shIift. If. up t he exira)ion of the
I :rid It t tI'a Yn rit all fixed or Ilseau10tlv extended. t he Sec-
1,'V or i Is ait I'izeII re1 l )rcsenlt at ive ti(s Ilh:1t thle period of ti Ie
Itl11,o 1 1I ta 1 i irtl r e xt ll't 0l.e lie shall le i t e 1ii lie e f, tent of the
:1 I'ta a'l'c-t-'d lv ile v ilat ion ani shall IOlimillt Iv i '11i an ordeilreluir-
illg ll, ei'atr oaM' )f lali miine or is U!'ellt Ii ('auise ilillnediately aIll
lIC+<,tv. 0ixa'ai t tImso.e referred to in Mdil)s('a't101 ( ) to li)e wit Idir'awn
frmi i. n t x' 1 r 1 o ii)ited Nrmoi entering, sti'li area 1111til the Seetretat'y
al 1 Ii :I it I )iriz, Il revl rci- li-,it ve I]ns reason to llieve. bmsed ont actions
I IIn v t l9e o)peraoWr. 1:int such limit will e otillplied with 111)0on the
lCei ll 1t (d, pr(r t ltl 101 in llc 1liiine. As sooi ;s poMSil)le after all
ai 1t'icr i i e I tec retrv. i Il 11)Ie(i IIest of the O)erat r, shall dis-
It to I in l tie inv(ldved a Ierson. or tea n I of I )ern)Is. to hI Ie extent
Ili'! I Ic r- )-, nre :t vail.l who are knOwledreald ien tile lWods and
Itie Ian Oi af Il t irllit I and reducin 1resI)i ral IIe dIllst. Suh eIson or
Iea I of !i Iris 1 ial I -ll retIImin at tle 1n1he involved for su ch I tine as they
iml I +I dl (1 a )t )r iaIt e to assist tle opera tor in redIIing r'sPi raIble
(111-4 ,livct'!r I t !iw-. ANI' il at tlie iiine, smli I)ersO)ns nmy re uire the
< er:i 'r to tal l -itch actions as thev (deeii appropriate to insure the
hI:ilt Kl )Iv' I eron ill I ie coal or other mine.
(0 (1) If, >oi ally ilil)ection or investigation I)llillalt to see-
t ii P). of ti 1111heae W or ali ilt I ize(l re )reeliat ive shall
filiit eiilo yeal at a 'mal or oilir Ale a tiiner who has not received the
r1('4lli-il- st'ty trin1iii am d:I, eiierlin"(d luder nectimn 115 of tllis Act.
r lie >u : ,i'et :W41 a i t lihorizel reI )l'eseilt at i ye shall issue a1 orDI'er
I deI.' I i :-A'~ ('t 1)11 WI it'l (W 'la1 w:; su tch tiie r t o be a nha 1Zar Id to) li I I I I f
uia to others, amli reyiiriii! that SmtIa'lile iItoib inlimi'idatchlvwithl-
aIra'+vii fl nilt e til (hI" (tA wle. tliiile. anl he p!rolii ed froli in A terilnlg
'llclqi titiie 1l1il Il ai athorized represents ive (f tlhe Secretary deter-
itiiui4,1 ihat miia'hi itite. has receive t A tu irejlilred I uy section
1 15, ''f liii-' Ad.
(2) No lt immt'' Wlu i" wr(teretl withdraw from a coal or o! er lrline
It ii+ le jtvyrri'p11 (1) 1ha1 lie 4 iscla red om' ollitrwise d iscriltinated
:'lfrai l 1 icet:tl-e o)f itcl oder: anal Io miller 'lo is (uralered with-
Al:iwi fro al al (W)I (w O lelte litlei vinigrAph (1) slall suffer
a[ B W of W, 'tit li l ialt liI'i .ur t ipe I1)er'io1 iet've>ilr' fr uch illdlir
to rce+iVe -lic'i t vaiiiiir ald fo. ia ai t llioriZei 'empre:etitt llxve of lhe
re W )al der riiiilie taiiit StId in liiiner wia> l'e(eivel time reiuisite
liraIllotini.
(Ii) .\ilV c'iii~ :i +it o r'1'ler issued itider til set 11en cirilry rei in
ill ef'tl'+ t il ii~ t+ a+Iifie,,1 teriimnated or' va atedL(+lv thle Sec+retary or his








authorized re )re-el 1ttiVe. o' 11 10 (iie t(l i11111(tc( o ,r v ,w)l by III(.,
"oim so O ~ "11 i' I1.1 l I () >~ 011() ,
( onlllll,;Sl()ll()I'ito l:)l' !?.< <(,oll 10)o i' ii} .

,.t) !), t,. FORI EN.)I( 1 IME [ NV
SEC. 105. (a) If, 'a'ftc, (ill iln pection or in ve-,iirai 1 ,(, t a I,-
issues a ('11""81 on or orde;' 1111(lv 5 Itioll 1(01. Ii all. : t 'ii a r
able time after tle le,li:tIion of such"1"" i on 't o 0 't" 11011.
notify the operators liv (:cctit1(d 11iI of t1e c.vil pellal,1i(v (,', d to
be assessed minder s ,ctio 11,)(a) for the viio!, ti,. cit-dl thlat thle
operator ha> ;,) days wtIn which to 1101ify tI he fcU: ( i a iy hat he
wishes to contest thle cit,tin or propo>0d aIc &u. elt l-i ,alty. A
copy of silch noti l fiction stal be set ,v L:a i" to theW 1-'o "k native
of millers iII sich ilflile. If. -w in lhll 2,) (' s iV':)l IIi i'ca I' ,f tie
notification issued by the Secretary. thli (, '.o V, e
Secretarv that le intefl] to (olnte- the ,it' leI1. or tln p1'. ; e
ment of ')eialty. avid no nc'. *Ce is filed Iv any iner (r V1, e .e v litat I I,
of miners under subsection (d) of this etction within ',u' Ii ie. the
citation and the proposed as-e(slllent of pientalty Ahll be qe(t a final
order of the Commil1>5]Oio aiid not subect to review 1)V b1V C(urt or
agency. Refusal by the operator o- his agent to ecce, t c 'l i i' ail
coataini-1"O a citation and .)l'o(e a, ,;>i. ent of ,enllY lil l 1,er thi
subsection s,all contitute receipt thereof vitin e Ic. nn of ti
subsection.
(b) (1) (A) If the Sec'retarv has reason to believe tic'at- ,,n operator.'
has faiLed to correct a violation for winch a citation 1i .1-) 1 i 1, c ...eul
within the pCeriod perluitted for its corrections. the >'-e I:- 8P shall
notify the opera Ior by certified mail of such failtlre a 01 t I t' penalty
prol)osed to be assessed umdor section 1!0(bi) 1,by rc1*1n,1 failur-
and that the operator has t' ) days within which to not1,v L I' 1<' -etar1
that he wishes to contest the. ecretarv s noti hCt i(I (,, Ihe 11,rop;oeU
assessment of penalty. A copy of such notfi,'at-, 1 .ino 1 proposed
assessment of penalty miall -It the same time be ',, Y to Ilit e rep-
resentative of the. mine eiillovees. If. within a) ay t,-f),!,t C 0 receipt
of notification of proposed assesment of penalty issued 1v thie secr -
tarv, the o-erator fails to notif -the ecrtarv that hie -!,, to Cl-
test the notification ofI )lr0FoQse 8ssessmeilt of temalt,. o; fica Oiil-
tion shall be deepemed a E: a1 order of the (omii SIOII a J I not >111 ject to
review by any court or a'elcv Refusal by the (pleItol. 1"2i r llt to
accept certified iall comlll,"" a notifickatloll of) PF O': (' 1 Wct, l of penalty is sued under tlis.... su,)s=ection shall coil st ute 1ket-eili k lereof
within th'e meaning of tlhis subsection.
(B) In determininim, whether to propose a 1)eifltv t ,:1 Y 8',eld
under section 110 (b). the Secretary shall co ih, "dle tle -I,11}) 0 atr"S li.s-
tory of previous vio1atiJons. the appropriateness of uchi l!- to the
size of the huiwess of the operator charced. wlet Ier I!I () )c'ra loVP( w8
negligent, the ellect on the operator's abilit v (to colitie 1iIntii, ,->.
the gravity of tle violat i). an(i the delioist rated ,(YO0 1 f1> hi, o f thle
operator cliaried in attempting to achieve rapid conl Tilalce after
notification of a violation.
(2) An applicant nay file with the Commission a written request
that the Commission yranit temporary relief from any modification oi
termination of any order or from fany order issued under section 104
together with a detailedd statement giving tile reasoins for crantin








s,,rlh rvl itf. ii + te 'i,1,,fl, i i~ 11 iav ?.rla I t sueli reIic fi ,iit~hv sicl w ondli-
+. x.)I nh ,,:ri+ I ,, it e, w 'I ci inl wll i,, 'Il :iIIart w- were iven

!I t}hu alIliraitit stlVws tlit tlier'e is '-idlstaiitial lil{4lilooul


(t ) -i t,'li reulie f w'ill iiot adIvers'~elyV a tt't tlI iclI ieat1, a id a fety
of lliiies.

upVI i ~l/'V 'i (f )Ia (fe ..)iiiitc|i)ll thl.lle (w Of ariitHi,l shall
P1" ,\ ide a 1)r',,edllre foi' expedit ed i'onsider'at ion ofalpliwat ions for
ei .. tra ruv ri' jf urn icr ti j is )araglrapll.
()F(1) No PIrs, f slial IliseIIarge or in aIi ftalner
: ir:uii -11 ol' c'iI' to I)c (1i 'lit gcd 1' cause disriination against or
t litil, i-I i'h'i'e witli the exercise of the statI Itory l'i its of any
l1 nl}w, 'crcitative o)f liile'S or' aplicaIt for eIiiploitI ilt il any
i I l4 Ii l il i ect to ( ils AIt c a t ..e I lIl rYli ln'+ I presIta
t ivI ol hiiiniersi 0 1I)pli at for eip'oIWnt has filed or ia I a oil-
I1:1i11! Iun l HP o related I4) this At I includting a compIlaint not ifyinlg

I i -1el t1m01 or t he OIT,,Iato's ci t or tlIe Io r I]'el'eelltat ive 4) itIe milers
:1t w a ,1l or otlier mlwf ot an alleged taneir' or safety (vor Iealth vio-
l: I1 01' 1 ,li m' I II 1 0' ( e a I se s, niPrs -r applinant for en y 1 1 I It is the SUIject of nedi a I eval, I I -
I i'> n I o It I ral I rns fer under a sz andard Imbl isl l I I rI nt to
set 1i)I1 I11I1 or I )eI'a s I Ic('lI re aIIt for I i I ,loylI,4'nt Ias I st i iteod or caused to he) inst it Ut IY 4ro-
4ee, I (Iuer Ir Ielated to th is Act or has testified or I Iomt to
testify Iv n aluv o m '1 !)'o(.eeling. or ])ecalse of the exer'i-e I suIh
Ju1,,irepi''lcsent at i yve of miiicrs or ,aPj)1iwant for enilployitent 'n I tce!allf
,,f I iI C 1, 41 i" f II v st at I Iorv ri lIt a Iorded I lv f ii At.
( ) Aiv i 111*1' o' appl i'lant for eliploynient 01' rell'eselt :tive of
lll i 'r~ \ ) Ito I lieves that lie 1i'is leei lli :re(., iit e 'ei x\ ite l or
4,1 1 1,v"Ise _c I e IIIiI I ale I +ra'i 114 v n personlwj- wl ill violation ,)f this sil-
s>'v 14 l I I I: v. \ wit lil ,' ( ( ola ys after c 1 viol at 10)11 ,''U s. ftile :1 C'"Ht) lainlt
wit h h} C4,jjlP1I1int, tile cI'ret I- Ill foNward a cOly of' the oitlIla iit t,) the
ri 'sl,,)1 nIh t :111l4 sl al1 (', i ,M 1 l1 invest igat ion to ,w li; H Ic 15 i de1-i is
a, l p r,4lriat e. .,ili ines igat iol sllall c 0111lWIice witIiin 1i Jila., t, the
Sc'4',t+ :,1vp 'eei' "pt (of the 'o,,pla jit, and if tihe Secretary Iiildsl that
S,1, ,',,ifIJlainit was not frivolowbsy brought, the Colnli>ion. o an
,'\xIM'+lit el lb:,is l11)011 a pllicat ion of tie Seretary, shall o rIei' the
i+i u u Itt'ifteient01 tlhe ,iir l(Iiigfinal dwer wt t lite conM-
1)1:1 11 llt(m '- ,h ihvXl M 1a. i, th S',et rv dlet .r(i-wI th-a the
Jl'IV i 41 Ilh-oct 1H11 liye lweii hlatcd, lie shall w(inw iately
tilt, a c'J ill.i1t w\-it l t e ( 1, Ii si, with servvil'e ho ie alleged
vi, l at )r a lt tile 1ile 1'. al)!pliauInt for c l)lovn 1(1i, or 1 1)i'...ntative
of 111 1-'1'S hle4';i1 ~ 1' 1Il"('1'[1 il~lIl i4)II oIr iiiter( I 'ec h O IC O 1 JIl '( )) )SO
1-11 fi l4 J (1 r it Ii t ,i : a!)l t)1 .; i',e relief. h'lle ColinIsson slia l I :l )rd an
'1) I I4It l11it vh fr a 1 11arIinI (in aeordtance wit I sect ion 55I f of-title ."
I ,,i 4'4l St ates l ( de. ll twit loit r'egard to suISe.t 1i),1 (a) (3) of sch
+'Ii l H11 41tl) :ll t eie' s+ wil isstlie lin h1'4le1' !m-~ed ,l lOll11( fi n s of








fact, affirmiing, modifying, or vacant ing the Secretary's proposed order,
or dlirectingl. other appropriate relief. Such order shall become final
30 days a fter its issuance. The Commission shall have authority in such
proceedings to require a person committing a violation of this subsec-
tion to take such aflfirmative action to abate the violation as the Con1ui-
lission deems appropriate, including. but not limited to, the reljiriio"
or reinstateinent of the miner to his former position with back pay and
interest. The complaining ninler, applicant, or representative of miners
uilay )resent,, additional evidence oil his own behalf during aly lhearin"
lield pill-as t f o this para rrtph.
( ) Witihin 90 days of the receipt of a complaint filed unm(ire para-
rrapi~l (2), tie Secretary shall notify, in writin(', the minel. appli-
cant for einp~oviient. or representative of miners of his deternnination
whether a violation 'has occurred. If the Secretary, upon inv-Igation,
(leterulines that the lrovisions of this subsection have not been vio-
lated, the complainant shall have the rioht within 30 days of lice of
the Secretai ,'s deten ri ,ifla iofn, to file ai actio n Ills ow 1)(0,1. e ,,e fo"e
the Conmlylission, charoino discrimination or interference in viola-
tion of paragraph (1). The Commission shall afford an opportunity
for a hearing (in accordance with section 551 of title 5, United States
(ode, but without reo-ard to subsection (a) (3) of such section). and
thereafter shall issue :a order, )ased upon ffndinro-s of fact, dj, : i*s-,'a
Or sistai.ing the complainant's charges and, if the charges are sus-
tained. granting such relief as it deems appropriate, including. but not
limited to, an order requiring the rehiring or reinstatement of the
miner to his former position with back pay and interest or such remedy
as may be appropriate. Such order shall become final 30 days afr it-
issuance. Whenever an order is issued sustaining the complainant's
chiarg-es under this subsection, a sum equal to the aggregate amotint
of all costs and expeiises (including attorney's fees) as detenm ine(l by
the Commission to have been reasonably incurred by the miner, apli-
cant for employment or representative of miners for, or in. connection
with. the institution and prosecution of such proceedings shall be
assessed against the person committing such violation. Proceedings
,inder this section shall be expedited by the Secretar y and the Corn-
mission. Any order issued by the Commission under tiis pararaph
shall be subject to judicial review in accordance with second 106.
Violations by anY person of paragraph (1) shall be subject to tle
provisions of sections 108 and 110 (a).
(d) If, within 30 days of receipt thereof. en operator of a coal or
other mine notifies the Secretarv that he intends to conteF4 the issuanpe
or modification of an order issued under section 104, or citation oV a
notification of proposed assessment of a penalty issued under ,brc-
tion (a) or (b) of this section. or the ref.oneleess of the lend t of
,9batement time fixed in a citation or modification thereof i iied( iinler
section 104. or any illiner or re!)VCet11 e of mil le. s) i7o t( he c-
retarv of 'an intention to con est th e i ance. !difief ice. or 1,'min, -
lion of any order issnied under section 104, or tle reasonebiNues of
the length of time set for abatemeut l)y a citation or thoddice1 ion lucre-
of issued under section 104. the Secretarv shiall immediately advise
the Commission of such notification. and the Conimision shall afford
an opportunity for a hearing (in accordance with section >5; of title 5,






20


Lnai ++ >I 't (+++t. 1) it ".i j!huut Ietrdj' to -Itli ec1+ ~i+z a) (83) of such
:4111i n+ii/ l ,ifo ii I j or x ac:iltilg thle Secretary' + citati14111. order, or
.f

Ir 'l" ++ p !,'ii:iIt ;\ orP {iirert 'u, tiher alpprol'iate ra:lief. +Siuh order
I :i I I I ++, ) + ii t 1:;)las hixa ift er its issiia nrce TlIl ir ii, h()f pirocediure
pIs .... I liv ie, ( ()iniiiisitmn -iaI l provide arart, 1 Jitilts or repre-


i t -+{' -:l \' ,Xl \ lIt., Ir()ee'{lii fo)r hearing aiiiu,:i1+ of orde r
I~ ~ ~ ~~J )( I: 1:, I Wr. 1 Pt I1It 11)Fc IIN




Si 1 it;. t(i ) (1)} .\uy j1)PI~on a~lVe'h~elv iff~et, I 1" :ifr]{rivcd bv anI
u}rbl'i of t1}+e ( '{n~iim'o issuietl linder thlis Act m+ay }tain a review
o}f +ii o}rder iii ailiv lUnitedl State'-s courtl' of al}Iqal :1-fr i i"uti
WX In +i I it' Vjil+}] oiI i'- allI _+tl tW ti
( '{+i ris 4) A p~l)eails fo}r the l )i-triet of ( stiirl courtt within 80 (lays fo1lowin th~e issuance (if suehi order a
Wrlit!{t iietit ji}li )Vl'Vin t mlt the oirdeer be nmdified1 or '-et aside. A
(ro1) o)f s~u I}i 1)+. it ion) Tha:ll Is, forlt ]hwit Ii tr'ansniitte iel'v t lie+ 'le+rk of the
+'t tur't14) 1 lie {,( oi]i si' arid to the. othe{,r p~arti{t. a1t 1 1i I NOn the
( 111~s~+} >liili tile ini the e'olrt tie rerotid iin t]e p~rooeeding as
l~rov in t sect ion 2112 of title 28. inited States C~odu. 'l)on sich
tlii i~ the 4)1If v 11 lI'i :{ lI 'Ii'th'i!+iril t hiert+'inl anT!+ hall lha\ve it{ ie \,,-vtIr to make
anI t.r uon t Ie lhlea(in s t iot ,and I)I'(,,et iinIYs ',t forth
in -ii Ir in nart, the order ( f the Co1 ii on ani enforcing the same to
t 't ir, t} 1: s>iiehi 01 1'+,r i- atlinjei'\l or itif,1. Noo '',(1 that has
rio}t lbeen ii r et I{,+ li fo}re, t ile (C u 'Ilion shnll T!e dO>n-iIhrcd by the court
ii-s t I i f01 1ure or ie,1le 1t to urge suh eh cme< Iion IIfall he excused
I~~~~~~~~ le. Ii v Ii IN I Ia ioIii Ncjri114 lte 1 :1 wimii~. of l Ii Ie 1m



t -IIoIn wit I reiet I 11 e' V I I tc It ,Ii th e e ltIIII -- ni Iire I a(I xv : Iol roi j.a 1 o- 11 1f



,nv I I-)I 1T l l ( lly t> ) t!ie 1, 1l for leave to ad ie additional
evibb ', 81141 si all show to tile aiisfaction of the Ioult 1 i+}l/:l {,vitle, 14 e i ii n~i{ l'ia1 ai{| ]lat t 11I iefl' w\'ere I': 1'-01 fl tic I f ridpls for
tlhe, fa i Ire to adIliiee ,lit Ii evidence in ]le Ieariri liefore t le COIn-
VVi i 1, 1t1e 1i't1 1 ,ay order sutch additional e i(Ie)Ie to e taken
before t lie ( 'o niiiiii> and to Ie made a part of the record. Tite Corm-
e ii o ,ta v mot i fv it findings as to te facts, or niahe new findings
1I)1 Ieoi of otidi Iiiil evidenIe Io taken and filed. :I Ol it hall file
ii' {}+ or ',v II' H, w]cli ir)'1 Ill wito I','- ,' I fotie'tion-
ofi fac't, if '-ii! l )OIet ('4 b sii!}iant ial evidence oni le e, ;'{',rl:o~iee
:v a w]ll. +}i al! be <'o:reclhsive. The,+ ('otniiiiiioni!i ni:,,t {+i fv or set
:i-l i it0 oi-iial order iv reason of iiehl I vodlified or New findings of
It+'t 14 1)1 Iw .ai .W

f!u. ,l i t fli nj of t he record : ft er s eiiiidt -f t)ioeedinwg,
le liitrVili, ion of the Iourt Thall be excluM e and itj i12leont nd
'',' i:' l I, l. q velthat t:h1 e I: iine O!wu11 be ubiecf to review
lv the+ S ii 'ni{, Co+urt of tlie U'nitedl Statoes, a providte1 in sect ion
12.1 of title 2g. United States Code, Pet-it ions filed rnder this sub-
fil 'l i s0iah1 r V 11e;ii+! ep'x l!t ioisly.






21


(2) In the case of a proccediiig to review aiv order or decision issued
by the Comnimssion tuder this Act, except an order or decision )ertaIn-
ing to an order issued under section 107 (a) or an order or decision per-
taining to a citation issued under section 104 (a) or (f), the court may,
under such conditions as it may prescribe. grant such temporary relief
as it deems al)pr()priate pen(lillg final (leterii ii1atio t ie PrOCIPdll2
if--
(A) all parties to the proceeding haxe )een iiotfied anl gi vent
an opportunity to be heard on a request for temporary relief"
(B) the person requesting such relief shows that there is a silb-
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 or other mine.
(3) In the case of a proceeding to review any order or decision is-
sued by the Panel under this Act., the court may. under such condi-
tions as it may prescribe, grant such temporary relief as it deems ap-
propriate pendin " final determination of the proceedin)0, if-
(A) all parties to the proceedings have been notified 'and oiven
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 nierits of the final
deterimiation of the proceeding.
(b) The Secretary may also obtain review or enforcement of any
final order of the Commission by filing a petition for such relief in the
United States court of appeals for the circuit in which the alleged vio-
lation occurred or in the Court of Appeals for the District of Co-
lumbia Circuit. and the provisions of subsection (a) shall Qrovern such
proceedings to the extent applicable. If no petition for review, as pro-
vided in subsection (a). is filed within 30 days after issuance of the
Commission's order, the Commission's findings of fact and order shall
be conclusive in connection with any petition for enforcement which
is filed by the Secretary after the expiration of such 30-day period. In
any such case. as well as in the case of a noncoitested citation or no-
tification bv the Secretary which has become a final order of the Coin-
mission under subsection (a) or (b) of section 10). the clerk of the
court, unless otherwise ordered by the court. shall forthwith enter a
decree enforeinmx the order and shall transmit a copy o1 such decree to
the Secretary and the operator named in the petition. In any contempt
proceeding brought to enforce a decree of a court of appeals eltelred
pursuant to this subsection or subsection (a). the court of a appeals nuay
assess the pena,,lties provided in section 110. in addition to inv1ki 1 any
other a va ila!le remedies.
(c) The commencement of a proceedi(i under tllis section slhall Pot.
unless specifically ordered by the court. operate as a stay of the ( rler
or decision of the Commission or the Panel.

PROCFT)URES TO COUNTERACT DANGEROI 5 (ONUI!ON
SEc. 107. (a) If. ulpon ,iiy inspection or invest, ation of a coal or
other mine wli(,h is subject to tlis Act. an a ilorized Vel)resefltat ive
of the Secrntarv fids that an imminent dan, er exists. sulcl representa-
tive shall deterilile the extent of tlle area of such mine tIi roi ,o.1 t






22


wliict t lwe lagr exists, and issue an order requiring the operator of
iwh iiine to c'a~il all p~ersols, exce)t those referred to in section
10(c) w to be withdrawn from, and to be prohibited from etering,
,1icl :Lz'A Wint iI ai amt horized replresentative of tw Secreltary deter-
liiiis t Ih:at -int'h iiiininent dalu.t. and the co(litiob. 01 lractiLes which
caused siih ilnminent dlangel' no longer exist. The issuance of al
orler i ler th11 is sul )section shall not preclude the issuance of a cita-
inn idher w:t ion 101 or the proposinig of a penalty under Section 110.
S) (1) I f, ulon any 111spection of a coal or other mine. an author-
,v representative of the Secretarv finds (A) that conditions exist
\ t1!1ein hint have no t Net rIesulte(l in an iiminent danger, (B) that
.1 ,hi W ,h lit n Iillt lqe effect ivelv abated throi'h the viM' of existing
S('hl1 n v. :i1i (I(l ) tI t reas-oable asurance cannmt Iw Jpro'ite(I
I Iht tI IIIt f liIanet I of mining op erations 1n(ind sit'lh conditions will
Io iIIsi I 1 in an immIinent (langer,. he shall determine the area through-
,ilt .vwI II -iz(.1k c( milit i(ns exist, an1d t lvereul)on issI e a notice
1i tlie () 1 tiwat tw of the 1ine11 oW his agent of such conditions, and shall
file a coly thereof, incorporating his findings therein, with the Secre-
:aryv and wit '0 1e reprel-entative of flhe miners of such mine. Upon re-
ccif)t of ,i muropy. th1e Secretary shall cayuse such further investiga-
i o I It') I 1 :le, as lie deems appr'oriate inc1ll Iling.V ani q J)portulty foi-
ile op'rat01' ra rIpres enItative of tIe Iiners to present information
n*1atin,.r to) suirhi not ire.
'2 1 ou t lit' conc11wsion of an invest igation lirqrs.iant to paragraph
(1). and an (o)portunitv for a public hearing umponu request by any i-
v. hee'etarv sall make flinm of fact, and shall by
i IY MIlt'I I o ? at in such finding therein, eithIer cancel the notice
iy>iedI wnslc" t!ii sIll)section or issue an order reo:liring the operator of
Ii'eto I~ls ,ill j)('l-Ofl In the area aff'11ected, except those per1_s
r 'rr4 1 1 ii )i!lectio, ()! of section 1t to be withdlrawnI from. and
1)4, J)rohil)ite(i from entering, swh area until the Secretarv. after a
1)1 ~ ~ ~ ~ :1 iii cbd112 rrii ll tere -ted persons 111 porunt to preP-
,emit t hii, r vi ew t'er1mines tl ht sch (1nd it Iii- have b)een a)ated.
k\.v l ariui under his pararaph shall )e of record and shall be sub-
js'vI to 1t't' -,O) .I4 of title, .- of, the TI nited Sate (ode.
(,) "rde, I I iued piII.ant to sIb) ect ion (a) Iall contain a detailed
,l1,11''i1)t ion of t1e condit ions or practices which cause and constitute an
iiii~~~~ijiiii'? ~ ~ ~ ~ ~ 111 tlulrraiadncitino h rea of1 teoito te
mine from which persons must be withdrawn and prohibited from
('1 t(, Tn 1 I -.
4 Ech indincr made a-i-rdriw~d lln(le' ths ection shall Ne
-Ir en !ir)oniptlv to the operator of the coal or other mine to which it
tw(rfa v hr eerson maing such finding or order, and all of such
fin li'f1' and order- shall be in writilg, :nd shall be sined v b the
1tP OI IJ f hI I I- 111 tNeii A I I)ft! iZ1' rit Io Iib~cii (a 1mayI IIIII
I tn Ii fI'd I, t I n "nted Iv a I I a uthorized relre e, ati e of the Sec-
reT aV .1n v order issed under !Isection (a) or () hall remain in
E'f,.,'t n~til vacated. modified, or terminated by the Secretar. or o(li-
. r viatcd by tile (omi ;nu prsant to siib section (e) or by

(et (I Anv oneator no tified of an order under thiz Cee1ion or any
i'e'rrs' -..nvt iv" oI minerl notified of the fisuance, modification, or ter-
,1i; n of ,,'h ai order ar aJ)!y t- the t,(I lJ( Itf Iitin 30






23


(la~~~~s ofca'~ 1~i*tioll fori' lI4-a('eitelf. ItioilficAi ;(! oi.v'a of-
da ys o f il I 10 AiI t ,t i fo Cre C k1
suich order. The C(),olilision sl all fortlivitlh afft'(l, an )ll)()Itfnhlv
for a heai-i-i (01i ac)r(lance with sel('tiif d.4 of t itle S f! ae.
Code. Nit without r'(o.ard to sl i,)CectiOn (a) (3) of -e(l -etion) and
there ft ,,,r siall *1 >kle an order, based upoi1 f1ii(lIMns oi' ta('-t. V:I('a til
afirnhIimr, ii odifvm oi. 1 terl'ilaiii~m1lc the Seci'etamV S cliIe. Vlie (Comn-
mission nd the cour,s m ay not ,rraut e.l eipol" ," ri'el] i ci,( )ll, iU-
ance of aviiv o .,r i !H,,er- s!l,5(W ti (a).
() The Coi!i ,, msion slhall take whatever action is necessary to
expedite proceedings m1der this sil )seet 1011.

INJU NCTION S
SEc. 108. (a' (1) The Secretr,,_ may institute a civil action for
relief, including a permanent or teilporary in] jimt on, restra iniu,"
order, or any other appropriate order in the distri('t ri e-
ore,,, 1 0~ fliea(, or in
States for the dJistrict in which a coal or other ine slcate'l or In
which the operator of such mine has his princip1 office, whenever
such operator or his agent-
(A) violates or fails or refuses to comply with any order or
decision issued under this Act,
(B) interferes with, hinders, or delays the Secretary or his
authorized representative, or the Secretary of I1 alte Educat ion,
and Welfare or his authorized representative, in carrying out, the
provision, of this Act.
(C) retuszes to admit such representatives to the coal or other
mine.
(D) refuses to permit the inspection of the coal or other mine,
or the investigation of an accident or occupational disease occur-
ring in, or connected with, such mine.
(E) refuses to furnish any information or report re(Jllested
by the Secretary or the Secretary of Health, Edu'cation, and Vel-
fare in furtherance of the provisions of this Act. or
(F) refuses to permit access to, and copying of, such reo rds
as the Secretary or the Secretary of Health, Education. and Wel-
fare determines necessary in carrying out the provisions of this
Act.
(2) The Secretary may institute a civil action for relief, in('liidic
permanent or temporary in junction, restrainim- order, or any. ot heir
appropriate odei' in the district court of the Uirifed St.tes foir thle
district in which the coal or other mine is located or in w1~iel the
operator of such miine has his principal office when,,ver the Secrerarv
believes that the operator of a coal or other mine is en g. ed in a pat-
tern of violation of the mandatory health or safety so an(I), ,i 1 t 'his
Act, which in the judrilglent of the Secretary constitutites a continuing
hazard to the health or safety or iners.
(b) In any action brought nider subsection (a). t e coIi't shall
have jurisdiction to provide such relief as may be appropriate. In tile
case of an action under subsection (a) (-2). tl conii rt H in its order
require suc hl ass'nance or aflirn.ative Stel)s a s it (111.0n Ic(essnIv to
assure itself that. the protection afforded to miners nlder ltli Act' she11
be provided by the operator. Temporary restininiin" orders slhall be
issued in accordance with rule 65 of tHe Federal Riules of Civil IProce-






24

i .k I l i.i liouit ,otire. shall l)e seven days from the+ date of entry.
Ix' \ as1 i )t'. I N I I ),h)V itll I e i, a i e I N i f II i M e I Iv tIhe co II
,o +'n f,)r'e, an v border ,iiiiter iaragraph (1") oif SilISeeI io)n (a) shall con-
F V \Vi c i i i i e 1 1, 1 11t io n o r fina Ie n I in o)f a I proc ee-
i f, ,r review 4if s,,,eh order murder th is title, iitule's p11ior" thereto, tlwe
,li-~ini. c.o)1,' gait inig ich relief sets it aside o," m~odifies it. In any
I : h'I, P1illited ,miler' tl I ion to eIfo Ie Ii ,IrdIer I)1' decision
iV-neil lby thle ( ))),iiim- or the Secretary a fter :i pub!lic hearing in
IJ' 1 0 t I V I i e I I II ) 5 of title of ie ni I .l ales (I I-dI, the
rn+l ,,lLn.I f Ilie ( oui,,ii ion or the Secretary, as tlie case may e, if
I' l 1 I, ,, by auia 1 e vide nce on t e rc,'d ,'in1 leI ed I1s 4 wVhole.
Ii'( c L 1,1 VlIive.

(gI NG (F Olil)ERS ANDIO II -51)NS

CI'. 19. (aI) At c.(),al or wolel ,1ile t heve :.ihll be maintained
a,) ()Iofuc with a consl)icuo,,s sign desiinating it as lie oltice of such
ii,(,. 'llerie shall be a bulletin board at Slch offie or located at a
Imn l-Icuous place near an entrance of su I mine. in Siich mauneI that
,+,Iclet. citatio>ns, notices and decisions re i rc( Il v law vor regulation
to I). i niv be posted tlereon, and be eI)silv visible to all l)erSsonIs
leuing to read I e,,I andl be protected aga aIage by weather
I l 11ainst utaant horized removal. A copy of aIy order, citation.
110' k, or decision ,'eqireVl l)v this Act to be given to an operato, shall
Ie delivered to the office of the affected nIne, and a I copy shall be
inIIIe1iatel y poed on the )illletin board o f such mine )y tIe operator
oFr his agent.
1)) T h secretary sihiall (1) cause a copy of any order, citation,
oprtr ob
,l0t ice, o dwei-io required by this Aot to be O'vien to a. operator to be
ImWailed ini,,ediatelv to a Iepresentative of the miners in the affected
coal or otlIImr mine, and (2) cause a copy thereof to l)e failed to the
l),ld) ic official or agency of the State charged(l with administering State
Ia s, if any, relating to health or sa fety n SIII ic ll mine. Such notice,
"fl icr or d0(lecision shll 1lie availal)le for put1)l ic insl)eet ion.
) In order to insure prompt, c,il-)iance with any notice, order,
cit atm. or decision issued inder this Act, I(he authorized representa-
ti v e of t e Secret a ma1y 1lel iver such, no (iee. order ('cit a tio, or dci-
Zi Il to an aelt of the o)peator, and -ucli agent shIall 1imnuliedaely take
I ,) I:)riate ,IIeasm IIes to Inu-re copIIjliance wit I, i'h not ict order,
Iat 1i. 01' deci ion.
I ) Ech 1 )(rator of a coal or other mine subject to this Act, shall
file wi 11 1 1 ew rt : rv lie naI IW and address (of such miine and the
l:i ad W : l lreI' (f I le lperson who 'onr ols or operates the mine.
All V 111 i'i0 S -11(11 nn oI S 01' .l-lre- .114-111 lIe I )roiii1)t IY filed with
the{, >cl4,'(l'arv. EaaI]l (operator of a coal or oI her ,nine sll)jeet to this
A' q ilalI lc ii/,at 1 a resp onsil le oficial at siic1hi ile a Iie l)rincipal
f)iljcer i 'lvarie of hialth1 andl 1afet A :I 'l 1 mnine, andl scl official
-hall I+,'ecy d v(. OJ<)y o)f any notice, orde, <'itlion. or ileci-ionl issued
Iii ler (ii AI t I lfed iIII sIh i I ne. In an v case where tl ine is
',,l,}j,('t 1 Ie (,,11(r o0 aF, y ( :e,'()(i (I Idrect lv iv oI v ve in 1 1e daily
I(, 'at of 1lie ( coal or t IIr 1IiiI,,. there all !e filedt wi I t lie See-
F1 ta,'v I l,:t,,nc an i al (rel( of slch person anI lie ame anld l address
,1 3 j),IiII,'!!:1, J ii of li I w r-()IrtlN wI I I I a l c ()veI'aI I resn-)11-






25

sibility for the conduct of an effective health and safety program at
any coal or other mine subject to the control of such person, and sticli
official shall receive a copy of any notice. order, citation, or decision
issued affecting any such mine. The mere destination of a health and
safety official under this subsection shall not be construed as making
such official subject to any penalty under this Act.

PENALTIES
SEC. 110. (a) The operator of a coal or other mine in which a viola-
tion occurs of a mandatory health or safety standard or who violates
any other provision of this Act,. shall be assessed a civil penalty by
the Secretary which penalty shall not be more than $10,000 for each
such violation. Each occurrence of a violation of a mandatory health
or safety standard may constitute a separate offense.
(b) Any operator who fails to correct a violation for which a cita-
tion has been issued under section 104 (a) within the period permitted
for its correction may be assessed a civil penalty of not more than
$1,000 for each day during which such failure or violation continues.
(c) Whenever a corporate operator violates a inandafory health or
s afcy standard or knowingly violates or fails or reftuses to comply
with any order issued under this Act or any order incorporated in a
final decision issued under this Act, except an order incorporated in a
decision issued under subsection (a) or section 105(c), any director,
officer, or agent of such corporation who knowingly authorized, or-
dered, or carried out such violation, failure, or refusal shall be sub-
ject to the same civil penalties, fines, and imprisonment that may be
imposed upon a person under subsections (a) and (d).
(d) Any operator who willfully violates a mandatory health or
safety standard, or knowingly violates or fails or refuses to comply
with any order issued under section 104 and section 107, or any order
incorporated in a final decision issued under this title, except an order
incorporated in a decision under subsection (a) or section 105(c).
shall upon conviction, be punished by a fine of not more than $.*2,000.
or by imprisonment for not more than one year, or by both, except that
if the conviction is for a violation committed after the first conviction
of such operator under this Act, punishment shall be by a fine of not
more than $50,000, or by imprisonment for not more than five years,
or both.
(e) Unless otherwise authorized by this Act, any person who 'ives
advance notice of any inspection to be conducted under this Act shal,.
upon conviction, be punished by a fine of not more than $1,.000 or y
imprisonment for not more than six months, or both.
(f) Whoever knowingly makes any false statement, representation,
or certification in any application, record, report, plan, or other docu-
ment filed or required to be maintained pursuant to this Act shall.
upon conviction, be punished by a fine of not more than 10,000, or
by imprisonment for not more than five years, or both.
(g) Any miner who willfully violates the mandatory safety stand-
ards relating to smoking or the carrying" of sinokinCr materials.
matches, or lighters shall be subject to a civil penaltv assessed by the
Commission, which penalty shall not be more than $250 for each occur-
rence of such violation.






26


Il) W,,' vr kriowiuzlv distrilnutes, sells, offer for sale, intro-
dI cI, e Ii vtl in co Iiiierce any IuII)Inlt for use i a coal or
ot her **iinti. incluid iUL, but not limited to, components and acce se
of s~whl equipment, which is represented as complying with the pro-
VI of this Act, or 1.with any specification or re, elation of the See-
Veta :1 I ~P1 iral~le t,, suc'h equipment, andi which (does not so comply,
:tl 111), di ctIVirt iOlb 1e sulIecto wthe sale fine antd imrisment
11h:1t 1!I:11 ve ipo Iel upon a person under subIection (f) of this

i) The ComIInilion hall have authority to asses all civil penalties
provided in this Act. In assessingr civil monetary penalties. the Corn-
m1111on hal consider the operator's history of previous violations,
the approlpriateness of such penalty to the size of the business of the
operator charged. whether the operator was negligent, the effect on
te operator s ability to continue in buines,, the gravity of the vio-
lation, and the demonstrated good faith of the. person charged in
:0ttemnltinlg to achieve rapid compliance after notification of a viola-
tion. In proposing civil penalties under this Act, the Scretary may
rely upon a summary review of the information availal e to him and
Qhall not be required to make findings of fact concerning the above
factors.
(j) Civil penalties owed under this Act shall be paid to the Secre-
tan- for deposit into tile Treasury of the United States and shall ac-
crue to the United States and may be recovered in a civil action in
the name of the United States brought in the United States district
court for the district where the violation occurred or where the oper-
ator has its principal office. Interest at the rate of 8 percent per an-
num shall be c!barged against a person on any final order of the
Coinmission, or the court. Interest shall begin to accrue 30 days after
the issuance of such order.
(k) No proposed penalty which has been contested before the Corn-
inission under section 105(a) shall be compromised, mitigated, or
settled except with the approval of the Commission. No penalty
assessment which has become a final order of the Commission shall he
compromised, mitigatedi, or settled except with the approval of the
court.
(1) The provisions of this section shall not b-e applicable with
respect to title IV of this Act.

ENTITLEMENT OF "MINERS
SEc. 111. If a coal or other mine or area of such mine is closed
by an order issued under section 103, section 104, or section 107, all
miners working during the shift when such order was issued who are
idled by such order shall be entitled, regardless of the result of any
review of such order, to full compensation by the operator at their
regular rates of pay for the period they are idled, )ut 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 bv the operator at
their regular rates of pay for the period they are idled, but for not
more than four hours of such shift. If a coal or other mine or area of
Iuch Iine I (lo-e(d 1 v an order i de11(' under sect ion 10 t or section 107






2 7


of this title for a failure of the operator to comply with any mandatory
health or safety standards, all miners whio are idled due to such order
shall be fully compensated after all interested parties are given an
opportunity for a public hearing, which shall be expedited in such
cases, and after such order is final, by the operator for lost time at their
regular rates of pay for such time as the miners are idled by such clos-
ing, or for one week, whichever is the lesser. II'lhenever an operator
violates or fails or refuses to comply with any order, issued under sec-
tion 103, section 104, or section 107 of this Act, all miners employed at
the affected mine who would have been withdralx -i from, or pre-ellte(l
from entering, such mine or area thereof as a result of such order shall
be entitled to full compensation by the operator at their regular rates
of pay, in addition to pay received for work performed after such
order was issued, for the period beginning when such order was issued
and ending when such order is complied with, vacated, or terminated.
The Commission shall have authority to order compensation due under
this section upon the filing of a complaint by a miner or his representa-
tive and after opportunity for hearing subject to section 54 of title 5,
United States Code.

ADMINISTRATIVE PROVISIONS
SEC. 112. Except as provided in section 518(a) of title 28. United
States Code, relating to litigation before the Supreme Court, the Solic-
itor of Labor may appear for and represent the Secretary in any civil
litigation brought under this Act but all such litigation'shall be sub-
ject to the direction and control of the Attorney General.

THlE FEDERAL M I1NE SAFETY AND HEALTH REVIEW COMMISSION
SEC. 113. (a) The Federal Mine Safety and Health Review Com-
mission is hereby established. The Commission shall consist of five
members, appointed by the President by and with the advice and con-
sent of the Senate, from among persons who by reason of training, edu-
cation, or experience are qualified to carry out the functions of the
Commission under this Act. The President shall designate one of the
members of the Commission to serve as Chairman.
(b) (1) The terms of the members of the Commission shall be six
years, except that-
(A) members of the Commission first taking office after the dat e
of enactment of the Federal Mine Safety and Health Amendments
Act of 1977, shall serve, as designated by the President at the time
of appointment, one for a term of two years, two for a term of
four years and two for a term of six years; and
(B) a vacancy caused by the death, resignation, or removal of
any member prior to the expiration of the term for which he was
appointed shall be filled only for the remainder of such unexpired
term.
Any member of the Commission may be removed by the President for
inefficiency, neglect of duty, or malfeasance in office.
(2) The Chairman shall be responsible on behalf of the Commis-
sion for the administrative operations of the Commission. The Com-
mission shall appoint such employees as it deems necessary to assist






28


in the performance of the Commission's flnctions and to fix their
compensation in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of title 5. United States Ccde, relating to
classification and general pay rates. Upon the effective date of the
Federal Mine Safety and Health Amendments Act of 1977, the admin-
istrative law judges assigned to the Arlinton, Virginia, facility of
the Office of Hearings and Appeals, United States Department of the
Interior. shall 1w automaticallV transferred in grade al position to
the Federal Mine* Safety and Health Review Commission. Notwith-
standing the provisions of section 559 of title 5 of the United States
Code. the incumbent (Thief Administrative Law Judge of the Office of
hearing's and Appeals of the Department of the Interior assigned to
the Arlington, Virginia facility shall have the option, on the effective
date of the Federal Mine Safety and health Amendments Act of 1977,
of transferring, to the Commission as an administrative law judge, in
the same grade and position as the other administrative law judges.
The administrative law judges (except those presiding' over Indian
Probate Matters) assigned to the Western facilities of the Office of
ITea rins and Appeals of the Department of the Interior shall remain
with that Department at their present grade and position or they- shall
have the right to transfer on an equivalent basis to that extended in
this paragraph to the Arling'Tion. Virfinia administrative law judges in
accordance with procedures established by the Civil Service Commis-
sion. The Commission shall appoint such additional administrative law
judges as it deems necessary to carry out the functions of the Commis-
sion. Assignment, removal, and compensation of administrative law
judges shall be in accordance with sections 3105, 3344. 5362 and 75-21 of
title 5. United States Code.
(c) The Commission is authorized to delegate to any group of three
or more members any or all of the powers of the Commission, except
that two members shall constitute a quorum of any roup designated
pursuant to this paragraph.
(d) (1) An administrative law judge appointed by the Comin sion
to hear matters under this Act shall hear. and make a determination
upon, any proceeding instituted before the Commission and any motion
in connection therewith, assigned to such administrative law judfe by
the chief administrative law judge of the Commission or by the Com-
mission, and shall make a decision which constitutes his final disposi-
lion of the proceeding'. The decision of the administrative law judce
of the Commission shall become the final decision of the Cormission
40 dqvq after its issuance unless within such period the Commission
has directed that such decision shall be reviewed bv the Commission in
accordance with paragraph (2). An administrative law ju dge shall
not be assigrned to prepare a recommended decision under this Act.
(2) The Commission shall prescribe rules of procedure for its
review of the decisions of administrative law judges in cases under this
Act which shall meet the following standards for review:
(A) (i) Anv person adversely affected or agzrieved by a decision
of an a(11inlistrative law judge, may file and serve a petition for
discretionary review by the Commission of such decision within 30
dayw after the issuance of such decision. Review by the Commission
shalP not he a matter of right but of the sound discretion of the
(om1s-sion.






29


(ii) Petitions for discretionary review shall be filed only upon one
or more of the following grounds:
(I) A finding or conclusion of material fact is not supported
by substantial evidence.
(i1) A necessary legal conclusion is erroneous.
(1II) The decision is contrary to law or to the duly promul-
Iomnsslon.
uated rules or decisions of the Com o.
(IV) A substantial question of law, policy or discretion is
involved.
(V) A prejudicial error of procedure was committed.
(iii) Each issue shall be separately numbered and plainly and
concisely stated, and shall be supported by detailed citations to the
record when assignments of error are based on the record, and by
statutes, regulations, or principal authorities relied upon. Except 1o'
good cause shown, no assignment of error by any party shall rely on
any question of fact or law upon which the administrative law jude
had not been afforded an opportunity to pass. Review by the Comis-
sion shall be granted only by affirmative vote of two of the Commis-
sioners present and voting. If granted, review shall be limited to the
questions raised by the petition.
(B) At any time within 30 days after the issuance of a decision of
an administrative law judge, the Commission may in its discretion (by
affirmative vote of two of the Commissioners present and voting) order
the ease before it for review but only upon the ground that the decision
may be contrary to law or Commission policy, or that a novel question
of policy has been presented. The Commission shall state in such order
the specific issue of law, Commission policy, or novel question of policy
involved. If a party's petition for discretionary review has been
granted, the Commission shall not raise or consider additional issues
in such review proceedings except in compliance with the requirements
of this paragraph.
(C) For the purpose of review by the Commission under para-
graph (A) or (B) of this subsection, the record shall include: (i) all
matters constituting the record upon which the decision of the admin-
istrative law judge was based; (ii) the rulings upon proposed findings
and conclusions; (iii) the decision of the administrative law judge:
(iv) the petition or petitions for discretionary review. responses
thereto, and the Commission's order for review: and (v) briefs filed
on review. No other material shall be considered by the Commission
upon review. The Commission either may remand the case to the
administrative law judge for further proceedings as it may direct or
it may affirm, set aside, or modify the decision or order of the adImin-
istrative law judge in conformity with the record. If the Comimssion
determines that further evidence is necessary on an issue of fact it
shall remand the case for further proceedings before the administra-
tive law judge.
(The provisions of section 557(b) of title 5. United States Code.
with regard to the review authority of the Commission are hereby
expressly superseded to the extent that they are inconsistent with thfe
provisions of subparagraphs (A), (B), and (C) of this paragraph.)
(e) In connection with hearings before the Commission or its
administrative law judges under this Act, the Commission and its-
a(lminictrative law judges may compel the attendance and testimony






30


of witnesses and the production of books, papers or documents, or
%hjects, aid order testimony to be taken by deposition at any stage of
the proceedings before them. Any person may be compelled to appear
and depose and produce similar documentary or physical evidence, in
the same manner as witnesses may be compelled to appear and produce
evidence before the Commission and its administrative law judges.
i tnesses shall be paid the same fees and mileage that are paid wit-
nesses in the courts of the United States and at depositions ordered by
such courts. In case of contumacy, failure, or refusal of any person
to obey a subpoena or order of the Commission or an administrative
law judge, respectively, to appear, to testify. or to produce documen-
tary or physical evidence, any district court of the United States or the
United States courts of any territory or possession, within the jurisdic-
tion of which such person is found, or resides, or transacts business,
shall, upon the application of the Commission, or the administrative
law judge, respectively, have jurisdiction to issue to such person an
order requiring such person to appear, to testify, or to produce evidence
as ordered by the Commission or the administrative law judge, respec-
tively, and any failure to obey such order of the court may be punished
by the court as a contempt thereof.
ArTIORIZATION OF APPROPRIATIONS
SEC. 114. There are authorized to be appropriated, out of any
moneys in the Treasury not otherwise appropriated, such sums as may
be necessary to carry out the provisions of this title.

MANDATORY HEALTH AND SAFETY TRAINING
SEC. 115. (a) Each operator of a coal or other mine shall have a
health and safety training program which shall be approved by t6
Secretary. The Secretary shall promulgate re ulations with respect
to such health and safety training programs not more than 180 days
after the effective date of the Federal Mine Safety and Health Amend-
ments Act of 1977. Each training program approved by the Secretary
shall provide as a minimum that-
(1) new miners leaving no underground mining experience
shall receive no less than 40 hours of training if they are to work
undergrounl. Such training shall include instruction in the statu-
tory rights of miners and their representatives under this Act
use of the self-rescue device and use of respiratory devices, haz-ard
recognition, escapeways, walk around training, emergency pro-
cedures, basic ventilation, basic roof control, electrical hazards,
first aid, and the health and safety aspects of the task to which
he will be assigned;
(0) new miners having no surface mining experience shall
receive no less tlan 24 hours of training if they are to work on
the surface. Such training shall include instruction in the statu-
tory rights of miners and their representatives under this Act,
use of the self-resce device where appropriate and use of res-
piratory devices were appropriate, hazard recognition, emer-
gency procedures, electrical hazards, first aid, walk around train-








ing and the health and safety aspects of the task to which he will
be assigned;
(3) all miners shall receive no less tban eight hours of refresher
trainhig no less frequently than once each 12 months., except
that miners already emiploved on the effective date of the Federal
Mine Safety and health Amendments Act of 1977 slall receive
this refresher training no more than 90 days, after the date of
approval of the training plan required by tis section;
(4) any miner who is reassigned to a new task in which lie has
had no previous work experience shall receive training in accord-
ance with a training plan approved by the Secretary under this
subsection in the safety and health aspects specific to that task
prior to performing that task;
(5) any training required by paragraphs (1), (2) or (4) shall
include a period of training as closely related as is practicable to
the work in which the miner is to be enraged.
(b) Any health and safety training provided under subsection (a)
shall be provided during normal working hours. Miners shall be paid
at their normal rate of compensation while they take such training,
and new miners shall be paid at their starting wage rate when they
take the new miner training. If such training shall be given at a loca-
tion other than the normal place of work, miners shall also be com-
pensated for the additional costs they may incur in attending such
training sessions.
(c) Upon completion of each training program. each operator shall
certify, on a form approved by the Secretary, that the miner has
received the specified training in each subject area of the approved
health and safety training plan. A certificate for each miner shall be
maintained by the operator, and shall be available for inspection at
the mine site, and a copy thereof shall be given to each miner at the
completion of such training. When a miner leaves the operator's
employ, he shall be entitled to a copy of his health and safety training
certificates. False certification by an operator that training was given
shall be punishable under section 110 (a) and (f); and each health
and safety training certificate shall indicate on its face. in bold letters,
printed in a conspicuous manner the fact that such false certification
is so punishable.
(d) The Secretary shall promulgate appropriate standards for
safety and health training for coal or other mine construction workers.
(e) Within 180 days after the effective date of the Federal Mine
Safety and Health Amendments Act of 1977, the Secretary shall pub-
lish proposed regulations which shall provide that mine rescue teams
shall be available for rescue and recovery work to each underground
coal or other mine in the event of an emergency. The costs of making
advance arrangements for such teams shall be borne by the operator
of each such mine.
TITLE V -ADMINISTRATION

RESEARCH
SEC. 501. (a) The Secretary of the Interior and the Secretary of
Health, Education, and AVelfare, as appropriate, shall conduct such






32


t udies. resea rc1, experiments. and deIIoIIst rat ions as may be appro-

(1) to iii)prove voiking conditions and I)ractices in coal or
01 ier IiIes1', an11d to prevelit accidents anld OccIupati onal diseases
originating in the coal or otlier II Idstr ;
2) to develop new or improved methods of recovering persons
in coal or other mines after an accident :
) to develop) new or improved ieans and mecthods of comi-
IIun itat ion from the surface to t l underground area of a coal
or other mine ;
(4) to develop new or iltpr>oved Iueans an1d ntie liods of reduc-
ing concentrations of respilrable dust in tle u1ine at1ImosIhere of
act ive workings of the coal or other mine;
(.) to develop epideiniological information to (A) identify
and define positive factors inuvolN'e(l in occu "tifaiol (Iiues of
liners. (13) provide information on the incidence and prevalence
Of pnein colfiosoliosl and ot her respiratory aillI -ts of miners, and
(C) improve mandatory health standards;
(() to develop techniques for the prevention an(l control of
occupational diseases of miners, including tests for hypersuscep-
til)ility 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 pul)Iish from time to time, reports on all
s'nificant 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 or other mine en-
vironments 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,
(11) to determine, upon the written request by any operator or
authorized representative of miners, specifying with reasonable
particularity the grounds upon which such request is made,
whether any substance normally found in a coal or other mine has
potentially toxic effects in the concentrations normally found in
the coal or other mine or whether any physical agents or equip-
ment found or used in a coal or other mine has Potentially haz-
ardous effects, .nd shall submit such determinations to both the
operators and miners as soon as possible; and
(12) for such other purposes as they deem necessary to carry
out the purposes of this Act.
(b) Activities under tlis section in the field of coal or other mine
health shall be carried out by the Secretary of Health, Education, and
Welfare throiih the National Institute for Occiipational Safety and
Health established under the Occupational Safety and Health Act of
1970. and activities under this section in the field of coal or other mine
safetv shall be carried out by the Secretary of the Interior in coordina-
tion with the Secretary.
(c) In carrying out the provisions for research, demonstrations.
experiments. studiec, training, and education under this section and
sections 301 (b) and 502(a) of this Act, the Secretary of the Interior






33


and the Secretary of Health, Education, and Welfare in coordination
with the Secretary may enter into contracts with, and make grants to.
public and private agencies and organizations and individuals. No re-
search, demonstrations, or experiments shall be 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 experi-
ments will (with such exception and limitation, if any, as the Secre-
tary of the Interior or the Secretary of Health., Education, and
Welfare in coordination with the Secretary 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
conduct studies and research into matters involving the lrote(, io of
life and the prevention of diseases in connection with persons, who
although not miners, work with, or around the products of, coal or
other 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 of the
Interior such 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 $60,000,000 for
the fiscal year ending June 30, 1972, and for each succeeding fiscal year
thereafter. There is authorized to be appropriated annually to the
Secretary 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
Act for the purpose of permitting, under such terms and conditions as
he mavy 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.
(g) The Secretary of Health, Education, and Welfare is authorized
to make grants to any public or private agency, institution, or organi-
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 tho educa-
tion and training of operators and agents thereof, and miners ini-
(1) the recognition, avoidance, and prevention of aecidents, or
unsafe or unhealthful working conditions in coal or other mines:
and
(2) in the use of flame safety lamps, permissible methane deteo-
tors, and other means approved bv the Secretary for detecting
methane and other explosive gases accurately.
(N) The Secretary shall, to the reatest extent possible. provide
technical assistance to operators in meeting the requirements of tlii,






34


Act and in further improving the health and safety conditions and
practices in coal or other mines.
(c) (1) The National Mine Health and Safety Academy shall be
maintained as an ageicv of the Department of the Interior. the Acad-
(1mV shall be responsible for the training of mine safety and health
inspectors under section 505 of this Act, and in training of tehnical
support personnel of the Mine Safety and Health Administration
estalblishIed under section 302 of the Federal Mine Safety and Health
Amendments Act of 1977; and for any other training programs for
mine ins)ectors, mining personnel, or other persons as the S ecretaries
of Labor and the Interior shall desicrnate. In performing this function,
the Academy shall have the authority to enter into cooperative educa-
tional and training agreements with educational institutions, State
governments, labor organizations, and mine operators and related
industries. Such training shall be conducted by the Academy in accord-
ance with curriculum needs and assignment of instructional personnel
established bv the user.
(2) In performing its function pursuant to this section, the National
Mine Health and Safety Academy shall use the facilities and personnel
of the Department of the Interior, and such other personnel as shall be
mutually agreed upon by the Secretaries of Labor and the Interior.
The Secretary of the Interior may appoint or assign to the Academy
such officers and employees as he deems necessary for the performance
of the duties and functions of the Academy.
(3) The Secretary of the Interior shall conduct his safety research
responsibilities under section 501 of this Act in coordination with the
Secretary of Labor. and the Secretaries of Labor and the Interior are
authorized to enter into contractual or other agreements for the per-
formance of such safety related research.

ASSISTANCE TO STATES
SEC.503. (a) The Secretary, in coordination with the Secretary of
Itealth. Education, and "Welfare and the Secretary of the Interior, is
authorized to make grants in accordance with an application approved
under this section to any State in which coal or other mlning takes
1)1ace-
(1) to assist such State in developing and enforcing effective
coal or other mine health and safety laws and regulations con-
sistent with the provisions of section 506 of this Act;
(2) to improve State workmen's compensation and occupa-
tional disease laws and programs related to coal or other mine
employ ment; and
(3) to promote Federal-State coordination and cooperation in
improving the health and safety conditions in the coal or other
lines.
(b) The Secretary shall approve, any application or any modification
thereof. submitted under this section by a State, through its official
oal or other mine inspection or safety agency, which-
(1) sets forth the program, policies, and methods to be fol-
owedi in carrying out the application in accordance with the pur-
pose of sI]bsection (a) of this section;






35


(2) provides research and planning studies to carry out plans
designed to improve State workrnen'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 or other mine;
(3) designates such State coal or other mine inspection or safety
agency as the sole agency responsible for administering grants
under this section throughout the State, and contains satisfactory
evidence that such agency will have the authority to carry out the
purposes of this section;
(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 or other mine inspections
within such State;
(5) provides for the extension and improvement of the State
program for the improvement of coal or other mine health and
safety in the State, and provides that no advance notice of an in-
spection 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 or other 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 affording the State agency
reasonable notice and opportunity for a public hearin.
(d) Any State aggrieved by a decision of the Secretary under silb-
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 sustantial
evidence on the record considered as a. whole, shall be conclusive. The
court may affirm, vacate, or remand the proceedings to the Secretarv
for such further action as it directs. The filing of a petition under th
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 carrving 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 al'o cooperate with such State in establishiing a syten
b~y which state and Federal inspection reports of coal or other mines
hated in the State are exchanged for the purpe of improving health
and safety conditi ns lil such mines.
(g) ile amount granted to anx coal or other Turning State for a
fibCal year under this section shall not excee(d 80 per centum of the
amount expended by such State in such year for carrying out such
application.
(I1) Tere iz authorized to be appropriated $3.000.,000 for tiheal
year 1970. and 10,.000,000 annually in each s- ( ucceeding fiscal year to
carry out the provisions of this section. which shall remain available
uinti expend(led. The Secretary shall provide for an eiuitahle di1Trihu-
lion of sums appropriated for grants under this section to the States
here there is an approved application, except that no less tn one-
half of such sum shall be allocated to coal-producing States.

ECONOMIC ASSISTANCE
SEc. 504. (a) Section 7(b) of the Small Business Act, as amended,
is amended-
(1) by striking out the period at the end of paragraph (4)
and inserting in lieu thereof" and "" and
(2) by adding 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 iiiiediate or deferred basis) as the Administnition
may determinee to he, necessary or appropriate to assist any small
business concern operating a coal mine in effecting additions to
or alterations in the equipment, facilities., or methods of opera-
tion of such mine to requirements imposed bv the Federal Coal
Mine iHealth and Safety Act of 1969. if the Administration deter-
mines that such concern is likely to suffer substantial economic
injury without assistance under this paragraph."
(h) The third sentence of section 7(b) of such Act is amended by
inertin "or (5)" after "paragraph (3)".
(c) Section 4(c) (1) of the Small Business Act, as amended, is
amended 1y insertin "7(b (b5)," after "7(b) (4).".
(d) Loans may also be made or cmaranteed for the purposes set
forth in section 7(b) (5) of the Small Business Act. asm amended mIr-
simant to the provisions of section 202 of the Public Works and Eco-
niomi Development Act of 1965., as amended.

INSPECTORS, QUALIFICATIONS, TJAININ(
qvr-. 5. 05. The Secretary may, subject to the civil service laws,
ap)oint s.ch employees a he deems requisite for the administration
of thi Act :nd prescribe their (ities. Persons aPl)ointed as author-
ize1 representatives of the Secretary shall be qualified bv pra-'tical
experience in numnz or by experience as a practical mini engineer
-r 1v ed-ation Pror;,vj, hWowevr, That. to the maximum extent
fea-i~le, in the selection of persons for appointment as m.ine inspectors,
11) I)el',-n 1)f l l h,1 b () s.et(,1 unless be has the basi. 1ualification ,f at






37


least five years practical mining experience and in assigning mine
inspectors to the inspection and investigation of individual mines, due
consideration shall be given to the extent possible to their previous
experience in the particular type of mining operation where such
inspections are to be made. Persons appointed to assist such repre-
sentatives in the taking of samples of respirable dust for the purpose
of enforcing title II of this Act shall be qualified by training, experi-
ence, or education. The provisions of section 201 of the Revenue and
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.
EFFECT 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 o 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,
which provide for more stringent health and safety standards applica-
ble to coal or other mines than do the provisions of this Act or any
order issued or any mandatory health or safety standard shall not
thereby be construed or held to be in conflict with this Act. The pro-
visions of any State law or regulation in effect on the date of enact-
ment of this Act, or which may become effective thereafter, which pro-
vide for health and safety standards applicable to coal or other mines
for which no provision is contained in this Act or any order issued or
any mandatory health or safety standard, shall not be held to be in
conflict with this Act.

ADMINISTRATIBE 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.






38


REGULATIONS
SEc. 508. The Secretary, the Secretary of Health, Education, and
Welfare. and the Panel are authorized to issue such regulations as each
dleels appropriate to carry out any provision of this Act.

OPERATIVE DATE AND R PEAL
SEc. 0,. Except to the extent an earlier date is specifically pro-
vided in this Act, the provisions of titles I and III of this Act shall
become operative ninety (lays after the date of enactment of this Act,
and the provisions of title II of this Act shall become operative six
months after the date of enactment of this Act. The provisions of the
Federal Coal Mine Safety Act, as amended, are repealed on the opera-
tive (late of titles I and III of this Act. except that such provsions
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.

SEPAR BILTTY
SEc. 510. If any provision of this Act, or the application of such
provision to any person or circumstance shall be held invalid, the re-
mainder 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
progress concerning the achievement of its purposes, the needs and
requirements in the field of coal or other mine health and safety, the
amount and status of each loan made pursuant to this Act, a descrip-
tion 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 bv this Act, include ingthe progress toward the achieve-
ment of the health purposes of this Act, the need-s and require-
ments in the field of coal or other 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, includ-
inc any recommendations he deems appropriate. The fint such report
shall include the recommendations of the Secretary of Health, Educa-
ion. anl Welfare as to necessary mandatory health standards, includ-
ingC his recommendations as to the maximum permissible individual)
exlposure to miners from respirable dust during a shift.






39


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 or other mine health and safety so as to achieve (1) maximum
health and safety protection for miners, (2) an avoidance of duplica-
tion 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 II and III of
this Act is in issue, no justice, judge, or court of the United States shall
issue any temporary restraining order or preliminary injunction re-
straining the enforcement of such standard pending a determination
of such issue on its merits.




UNIVERSITY OF FLORIDA

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