30 USC Section 811

Page 125

TITLE 30—MINERAL LANDS AND MINING

erator or representative of miners aggrieved by
a final decision of the Panel may file a petition
for review of such decision under section 816 of
this title. The provisions of this section shall
terminate upon completion of the Panel’s functions as set forth under this chapter. Any hearing held pursuant to this subsection shall be of
record and the Panel shall make findings of fact
and shall issue a written decision incorporating
its findings therein in accordance with section
554 of title 5.
(2) The Panel shall make an annual report, in
writing, to the Secretary for transmittal by him
to the Congress concerning the achievement of
its purposes, and any other relevant information
(including any recommendations) which it
deems appropriate.
(Pub. L. 91–173, § 5, Dec. 30, 1969, 83 Stat. 744; Pub.
L. 95–164, title I, § 102(d), Nov. 9, 1977, 91 Stat.
1291; Pub. L. 95–251, § 2(a)(9), Mar. 27, 1978, 92
Stat. 183; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695; Pub. L. 100–418, title V,
§ 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (c), (e), and (f)(1),
was in the original ‘‘this Act’’, meaning Pub. L. 91–173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine
Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 801 of this title and Tables.
AMENDMENTS
1988—Subsec. (a)(2). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘Bureau of Standards’’.
1978—Subsec. (e). Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever
appearing.
1977—Subsec. (c). Pub. L. 95–164 substituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Labor’’.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (a)(4) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of this title. For provisions relating to closure and
transfer of functions of the United States Bureau of
Mines, see Transfer of Functions note set out under
section 1 of this title.
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (a) and ‘‘Secretary of Health and
Human Services’’ substituted for ‘‘Secretary of Health,
Education, and Welfare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (f)(2) of this section relating to transmitting
annual report to Congress, see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 114 of House
Document No. 103–7.

§ 811

SUBCHAPTER I—GENERAL
§ 811. Mandatory safety and health standards
(a) Development, promulgation, and revision
The Secretary shall by rule in accordance with
procedures set forth in this section and in accordance with section 553 of title 5 (without regard to any reference in such section to sections
556 and 557 of such title), develop, promulgate,
and revise as may be appropriate, improved
mandatory health or safety standards for the
protection of life and prevention of injuries in
coal or other mines.
(1) Whenever the Secretary, upon the basis of
information submitted to him in writing by an
interested person, a representative of any organization of employers or employees, a nationally
recognized standards-producing organization,
the Secretary of Health and Human Services,
the National Institute for Occupational Safety
and Health, or a State or political subdivision,
or on the basis of information developed by the
Secretary or otherwise available to him, determines that a rule should be promulgated in
order to serve the objectives of this chapter, the
Secretary may request the recommendation of
an advisory committee appointed under section
812(c) of this title. The Secretary shall provide
such an advisory committee with any proposals
of his own or of the Secretary of Health and
Human Services, together with all pertinent factual information developed by the Secretary or
the Secretary of Health and Human Services, or
otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary
its recommendations regarding the rule to be
promulgated within 60 days from the date of its
appointment or within such longer or shorter
period as may be prescribed by the Secretary,
but in no event for a period which is longer than
180 days. When the Secretary receives a recommendation, accompanied by appropriate criteria, from the National Institute for Occupational Safety and Health that a rule be promulgated, modified, or revoked, the Secretary must,
within 60 days after receipt thereof, refer such
recommendation to an advisory committee pursuant to this paragraph, or publish such as a
proposed rule pursuant to paragraph (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 812(c) of this title if the rule to be
promulgated is, in the discretion of the Secretary which shall be final, new in effect or application and has significant 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

§ 811

TITLE 30—MINERAL LANDS AND MINING

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 good 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 submission of written data or comments under paragraph (2), any interested 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 date of publication 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
Secretary 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 production of evidence in connection with any proceeding initiated under this section. If a person
refuses to obey a subpoena under this subsection, a United States district court within
the jurisdiction of which a proceeding under this
subsection is conducted may, upon petition by
the Secretary, issue an order requiring compliance with such subpoena. A transcript shall be
taken of any such hearing and shall be available
to the public.
(4)(A) Within 90 days after certification of the
record of the hearing held pursuant to paragraph
(3), the Secretary shall by rule promulgate,
modify, or revoke such mandatory health or
safety standards, and publish his reasons therefor.
(B) In the case of a proposed mandatory health
or safety standard to which objections requesting a public hearing have not been filed, the Secretary, within 90 days after the period for filing
such objections has expired, shall by rule promulgate, modify, or revoke such mandatory
standards, and publish his reasons therefor.
(C) In the event the Secretary determines that
a proposed mandatory health or safety standard
should not be promulgated he shall, within the
times specified in subparagraphs (A) and (B)
publish his reasons for his determination.
(5) Any mandatory health or safety standard
promulgated as a final rule under this section
shall be effective upon publication in the Fed-

Page 126

eral Register unless the Secretary specifies a
later date.
(6)(A) The Secretary, in promulgating mandatory standards dealing with toxic materials or
harmful physical agents under this subsection,
shall set standards which most adequately assure on the basis of the best available evidence
that no miner will suffer material impairment
of health or functional capacity even if such
miner has regular exposure to the hazards dealt
with by such standard for the period of his working life. Development of mandatory standards
under this subsection shall be based upon research, demonstrations, experiments, and such
other information as may be appropriate. In addition to the attainment of the highest degree of
health and safety protection for the miner,
other considerations shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this
and other health and safety laws. Whenever
practicable, the mandatory health or safety
standard promulgated shall be expressed in
terms of objective criteria and of the performance desired.
(B) The Secretary of Health and Human Services, as soon as possible after November 9, 1977,
but in no event later than 18 months after such
date and on a continuing basis thereafter, shall,
for each toxic material or harmful physical
agent which is used or found in a mine, determine whether such material or agent is potentially toxic at the concentrations in which it is
used or found in a mine. The Secretary of Health
and Human Services shall submit such determinations with respect to such toxic substances
or harmful physical agents to the Secretary.
Thereafter, the Secretary of Health and Human
Services shall submit to the Secretary all pertinent criteria regarding any such substances determined to be toxic or any such harmful agents
as such criteria are developed. Within 60 days
after receiving any criteria in accordance with
the preceding sentence relating to a toxic material or harmful physical agent which is not adequately covered by a mandatory health or safety
standard promulgated under this section, the
Secretary shall either appoint an advisory committee to make recommendations with respect
to a mandatory health or safety standard covering such material or agent in accordance with
paragraph (1), or publish a proposed rule promulgating such a mandatory health or safety standard in accordance with paragraph (2), or shall
publish his determination not to do so.
(7) Any mandatory health or safety standard
promulgated under this subsection shall prescribe the use of labels or other appropriate
forms of warning as are necessary to insure that
miners are apprised of all hazards to which they
are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and
precautions of safe use or exposure. Where appropriate, such mandatory standard shall also
prescribe suitable protective equipment and control or technological procedures to be used in
connection with such hazards and shall provide
for monitoring or measuring miner exposure at
such locations and intervals, and in such manner so as to assure the maximum protection of
miners. In addition, where appropriate, any such

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TITLE 30—MINERAL LANDS AND MINING

mandatory standard shall prescribe the type and
frequency of medical examinations or other
tests which shall be made available, by the operator at his cost, to miners exposed to such hazards in order to most effectively 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 exposure to the
hazard covered by such mandatory standard,
that miner shall be removed from such exposure
and reassigned. Any miner transferred as a result of such exposure shall continue to receive
compensation for such work at no less than the
regular rate of pay for miners in the classification such miner held immediately prior to his
transfer. In the event of the transfer of a miner
pursuant to the preceding sentence, increases in
wages of the transferred miner shall be based
upon the new work classification. In the event
such medical examinations are in the nature of
research, as determined by the Secretary of
Health and Human Services, such examinations
may be furnished at the expense of the Secretary of Health and Human Services. The results of examinations or tests made pursuant to
the preceding sentence shall be furnished only
to the Secretary or the Secretary of Health and
Human Services, and, at the request of the
miner, to his designated physician.
(8) The Secretary shall, to the extent practicable, promulgate separate mandatory health
or safety standards applicable to mine construction activity on the surface.
(9) No mandatory health or safety standard
promulgated under this subchapter shall reduce
the protection afforded miners by an existing
mandatory health or safety standard.
(b) Emergency temporary mandatory standards
(1) The Secretary shall provide, without regard to the requirements of chapter 5 of title 5
for an emergency temporary mandatory health
or safety standard to take immediate 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 emergency
standard is necessary to protect miners from
such danger.
(2) A temporary mandatory health or safety
standard shall be effective until superseded by a
mandatory standard promulgated in accordance
with the procedures prescribed in paragraph (3)
of this subsection.
(3) Upon publication of such standard in the
Federal Register, the Secretary shall commence
a proceeding in accordance with subsection (a),
and the standards as published shall also serve
as a proposed rule for the proceeding. The Secretary shall promulgate a mandatory health or
safety standard under this paragraph no later
than nine months after publication of the emergency temporary standard as provided in paragraph (2).
(c) Modification of standards
Upon petition by the operator or the representative of miners, the Secretary may modify

§ 811

the application of any mandatory safety standard to a coal or other mine if the Secretary determines that an alternative method of achieving the result of such standard exists which will
at all times guarantee no less than the same
measure of protection afforded the miners of
such mine by such standard, or that the application of such standard to such mine will result in
a diminution of safety to the miners in such
mine. Upon receipt of such petition the Secretary shall publish notice thereof and give notice to the operator or the representative of
miners in the affected mine, as appropriate, and
shall cause such investigation to be made as he
deems appropriate. Such investigation shall provide an opportunity for a public hearing at the
request of such operator or representative or
other interested party, to enable the operator or
the representative of miners in such mine or
other interested party to present information
relating to the modification of such standard.
Before granting any exception to a mandatory
safety standard, the findings of the Secretary or
his authorized representative shall be made public and shall be available to the representative
of the miners at the affected mine. The Secretary shall issue a decision incorporating his
findings of fact therein, and send a copy thereof
to the operator or the representative of the miners, as appropriate. Any such hearing shall be of
record and shall be subject to section 554 of title
5.
(d) Judicial review
Any person who may be adversely affected by
a mandatory health or safety standard promulgated under this section may, at any time prior
to the sixtieth day after such standard is promulgated, file a petition challenging the validity of such mandatory standard with the United
States Court of Appeals for the District of Columbia Circuit or the circuit wherein such person resides or has his principal place of business,
for a judicial review of such standard. A copy of
the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The filing of such petition shall not, unless otherwise
ordered by the court, operate as a stay of the
standard. No objection that has not been urged
before the Secretary shall be considered by the
court, unless the failure or neglect to urge such
objection shall be excused for good cause shown.
The validity of any mandatory health or safety
standard shall not be subject to challenge on the
grounds that any of the time limitations in this
section have been exceeded. The procedures of
this subsection shall be the exclusive means of
challenging the validity of a mandatory health
or safety standard.
(e) Distribution of copies of proposed standards
or regulations
The Secretary shall send a copy of every proposed mandatory health or safety standard or
regulation at the time of publication in the Federal Register to the operator of each coal or
other mine and the representative of the miners
at such mine and such copy shall be immediately posted on the bulletin board of the mine
by the operator or his agent, but failure to receive such notice shall not relieve anyone of the
obligation to comply with such standard or regulation.

§ 812

TITLE 30—MINERAL LANDS AND MINING

(Pub. L. 91–173, title I, § 101, Dec. 30, 1969, 83 Stat.
745; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91
Stat. 1291; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30,
1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 801
of this title and Tables.
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–164 substituted provisions revising and setting out in detail the procedures
to be followed by the Secretary of Labor in developing,
promulgating, and revising mandatory health and safety standards covering coal and other mines for provisions which had charged the Secretary of the Interior
with the responsibility of developing standards for the
protection of life and the prevention of injuries in coal
mines.
Subsec. (b). Pub. L. 95–164 substituted provisions relating to emergency temporary mandatory standards
for provisions requiring that improved standards not
reduce the previously existing level of health and safety in coal mines.
Subsec. (c). Pub. L. 95–164 substituted provisions relating to the modification of standards for provisions
covering the consultative and research steps in the promulgation of safety standards.
Subsec. (d). Pub. L. 95–164 substituted provisions relating to judicial review of standards for provisions
covering the consultative and research steps in the promulgation of health standards.
Subsec. (e). Pub. L. 95–164 redesignated subsec. (k) as
(e) and substituted ‘‘proposed mandatory health or
safety standard or regulation’’ for ‘‘proposed standard
or regulation’’ and ‘‘coal or other mine’’ for ‘‘coal
mine’’.
Subsecs. (f) to (j). Pub. L. 95–164 struck out subsecs.
(f) to (j) which had related to the submission of objections to proposed standards, hearings, the effective
date of standards, mandatory standards for surface coal
mines, and the publication of pre-existing consistent
regulations in the Federal Register and the continuing
effectiveness of those regulations until modified or superseded, and incorporated those provisions, as altered
to apply to coal and other mines and as otherwise revised, into subsec. (a).
Subsec. (k). Pub. L. 95–164 redesignated subsec. (k) as
(e).
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsec. (a)(1), (6)(B), and (7) pursuant to section
509(b) of Pub. L. 96–88 which is classified to section
3508(b) of Title 20, Education.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–164 effective 120 days after
Nov. 9, 1977, except as otherwise provided, see section
307 of Pub. L. 95–164, set out as a note under section 801
of this title.
EFFECTIVE DATE
Section operative 90 days after Dec. 30, 1969, except to
the extent an earlier date is specifically provided for in
Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out
as a note under section 801 of this title.
SEALING OF ABANDONED AREAS
Pub. L. 109–236, § 10, June 15, 2006, 120 Stat. 501, provided that:‘‘Not later than 18 months after the issuance
by the Mine Safety and Health Administration of a

Page 128

final report on the Sago Mine accident or the date of
enactment of the Mine Improvement and New Emergency Response Act of 2006 [June 15, 2006], whichever
occurs earlier, the Secretary of Labor shall finalize
mandatory heath and safety standards relating to the
sealing of abandoned areas in underground coal mines.
Such health and safety standards shall provide for an
increase in the 20 psi standard currently set forth in
section 75.335(a)(2) of title 30, Code of Federal Regulations.’’

§ 812. Advisory committees
(a) Committee on coal or other mine safety research; establishment; membership; chairman; functions; conflicts of interest
(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 Institute of
Standards and Technology, Department 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 recommendations to, the Secretary 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 persons appointed by the Secretary
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) Committee on coal or other mine health research; establishment; membership; chairman; functions; conflicts of interest
(1) The Secretary of Health and Human Services shall appoint an advisory committee on
coal or other mine health research composed
of—
(A) the Director, United States 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 and Human Services may appoint who
are knowledgeable in the field of coal or other
mine health research.