30 USC Section 933

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