30 USC Section 933

US CODE: Title 30,933. Duties of operators in States not qualifying under workmen’s compensation laws

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TITLE 30 > CHAPTER 22 > SUBCHAPTER IV > Part C > § 933

§ 933. Duties of operators in States not qualifying under
workmen’s compensation laws
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US CODE: Title 30,933. Duties of operators in States not qualifying under workmen’s compensation laws

(a) Securing of benefits for miners; self-insurers; mutual
companies
During any period in which a State workmen’s compensation
law is not included on the list published by the Secretary under
section 931 (b) of this title each operator of a coal mine in such
State shall secure the payment of benefits for which he is liable
under section 932 of this title by
(1) qualifying as a self-insurer in accordance with regulations
prescribed by the Secretary, or

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(2) insuring and keeping insured the payment of such benefits
with any stock company or mutual company or association, or
with any other person or fund, including any State fund, while
such company, association, person or fund is authorized under
the laws of any State to insure workmen’s compensation.
(b) Required provisions of insurance contracts
In order to meet the requirements of clause (2) of subsection (a)
of this section, every policy or contract of insurance must
contain—
(1) a provision to pay benefits required under section 932 of
this title, notwithstanding the provisions of the State
workmen’s compensation law which may provide for lesser
payments;
(2) a provision that insolvency or bankruptcy of the operator or
discharge therein (or both) shall not relieve the carrier from
liability for such payments; and
(3) such other provisions as the Secretary, by regulation, may
require.
(c) Cancellation of insurance contracts
No policy or contract of insurance issued by a carrier to comply
with the requirements of clause (2) of subsection (a) of this
subsection [1] shall be canceled prior to the date specified in
such policy or contract for its expiration until at least thirty days
have elapsed after notice of cancellation has been sent by
registered or certified mail to the Secretary and to the operator
at his last known place of business.
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US CODE: Title 30,933. Duties of operators in States not qualifying under workmen’s compensation laws

(d) Penalties for failure to secure payment of benefits
(1) Any employer required to secure the payment of benefits
under this section who fails to secure such benefits shall be
subject to a civil penalty assessed by the Secretary of not more
than $1,000 for each day during which such failure occurs. In
any case where such employer is a corporation, the president,
secretary, and treasurer thereof also shall be severally liable to
such civil penalty as provided in this subsection for the failure
of such corporation to secure the payment of benefits. Such
president, secretary, and treasurer shall be severally personally
liable, jointly with such corporation, for any benefit which
may accrue under this subchapter in respect to any disability
which may occur to any employee of such corporation while it
shall so fail to secure the payment of benefits as required by
this section.
(2) Any employer of a miner who knowingly transfers, sells,
encumbers, assigns, or in any manner disposes of, conceals,
secrets,[2] or destroys any property belonging to such
employer, after any miner employed by such employer has
filed a claim under this subchapter, and with intent to avoid the
payment of benefits under this subchapter to such miner or his
or her dependents, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more
than $1,000, or by imprisonment for not more than one year,
or both. In any case where such employer is a corporation, the
president, secretary, and treasurer thereof also shall be
severally liable for such penalty of imprisonment as well as
jointly liable with such corporation for such fine.
(3) This subsection shall not affect any other liability of the
employer under this part.

[1] So in original. Probably should be “section”.
[2] So in original. Probably should be “secretes,”.

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US CODE: Title 30,933. Duties of operators in States not qualifying under workmen’s compensation laws

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