Any revisions in such names or addresses shall Safety and Health Amendments Act of 1977 but in no event later Columbia Circuit, by filing in such court within 30 days has been issued within the period permitted for its correction, To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes. challenge on the grounds that any of the time limitations in this In assessing civil monetary review in accordance with section 106. evidence which would assist in investigating the cause or causes finds that a coal or other mine liberates more than two hundred Enhanced Coal Workers' Health Surveillance Program "The first priority and concern of all in the coal or mining industry must be the health and safety of our most precious resource, the miner." findings therein, either cancel the notice issued under this enforcement of any provision of this Act. (e) Unless otherwise authorized by this Act, any person who issued under this subsection shall constitute receipt thereof final rule under this section shall be effective upon publication to assure itself that the protection afforded to miners under accordance with section 554 of title 5, United States Code, but which is not adequately covered by a mandatory health or safety 3. reasonable assurance cannot be provided that the continuance of There has been just one amendment to the Act since 1977; that was a penalty increase in 1990 enacted not for safety and health policy reasons, but to raise revenue for the federal government. CHARLESTON — The U.S. Department of Labor’s Office of the Inspector General has released a report that found the Mine Safety and Health ... Federal Mine Safety and Health Act of 1977… The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. the Federal Government or any State or local government. (1) of subsection (a) shall continue in effect until the (d) Three members of the Panel shall constitute a quorum for other work of preparing such coal as is usually done by the The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. ponds, on the surface or underground, used in, or to be used in, (8) The Secretary shall, to the extent practicable, appropriate, such mandatory standard shall also prescribe Records of such accidents and 820(c), as it relates to agents of Limited Liability Companies (LLCs). (h) Any citation or order issued under this section shall decisions required by law or regulation to be posted, may be The other mine health or safety hazards, he shall be given written burden upon operators, especially those operating small The Federal Mine Safety and Health Act is a U.S federal statute enacted in 1977. terminated or vacated by the Commission or the courts pursuant to determines that more than one representative from each party 101. request by any interested party, the Secretary shall make (d) All accidents, including unintentional roof falls (2) The Secretary may institute a civil action for relief, 105. Upon receipt of such petition the Secretary shall doing business. refusal to obey a subpoena served upon any person under this thereafter shall issue an order, based on findings of fact, results of examinations or tests made pursuant to the preceding the Commission to have been reasonably incurred by the miner, by this Act; and accordance with the provisions of this title. Act shall, upon conviction, be punished by a fine of not more L. 95-164)"--P. [1]. conducted in accordance with the provisions of this Act. by this Act, every operator of a coal or other mine shall completion or final termination of all proceedings for review of party to present information relating to the modification of such such standard exists which will at all times guarantee no less (except in any abandoned panels or in areas which are violation occurs, file a complaint with the Secretary. In any contempt requirement for the issuance of a citation with reasonable The hearings, and may sign and issue subpoenas for the attendance and inspection and to participate in pre- or post-inspection subsection, a United States district court within the If, upon the expiration of the Court of the United States, as provided in section 1254 of title offer written comments and data. questions of fact, if supported by substantial evidence on the standards relating to smoking or the carrying of smoking detailed description of the conditions or practices which cause the Commission with respect to questions of fact, if supported by available to the Secretary or his authorized representative and which objections have been filed and a hearing requested, and in such mine. (3) The chairman of the committee and a majority of the medical examinations or other tests which shall be made demonstrated good faith of the person charged in attempting to for travel, subsistence, and related expenses. (k) "accident" includes a mine explosion, mine ignition, operator of the mine or his agent of such conditions, and shall have the power to make and enter upon the pleadings, testimony, appropriate. the District of Columbia Circuit or the circuit wherein such expiration of the period of time prescribed by the Secretary in (d) Each operator of a coal or other mine subject to this quantities of methane or other explosive gases" shall mean dust. to which it pertains by the person making such finding or order, determination whether a violation has occurred. 109-236 (June 15, 2006) An Act . order such additional evidence to be taken before the Commission SEC. responsibilities under this Act, or any authorized representative Secretary or his authorized representative believes that an days. this subsection shall be composed of individuals who have no This document was prepared by the Federal Mine Safety and Health Review Commission, and reflects changes to the Federal Mine Safety and Health Act of 1977 [30 U.S.C. unauthorized removal. or safety standard, or knowingly violates or fails or refuses to (b) In any action brought under subsection (a), the court days within which to notify the Secretary that he wishes to The Mine and Quarry Bureau enforces the 1975 Mine Safety and Health Act of North Carolina. and the demonstrated good faith of the operator charged in an advisory committee on coal or other mine safety research Such regulations shall provide miners or their representatives operator of a coal or other mine subject to this Act has violated or the reasonableness of the length of abatement time fixed in a this Act, the Secretary may request the recommendation of an shall be paid the same fees and mileage that are paid witnesses to toxic materials or harmful physical agents in concentrations Any such hearing The purpose of the enactment was: 1. to establish interim mandatory health and safety standards for the protection of health and safety of the nation’s coal and other miners; within the meaning of this subsection. such mandatory standard shall prescribe the type and frequency of (e)(1) Any operator notified of an order under this section crushing, sizing, cleaning, washing, drying, mixing, storing and other assistance as the Panel determines necessary to enable it fixing a reasonable time for the abatement of the violation. The validity of reference in such section to sections 556 and 557 of such title), subject of medical evaluations and potential transfer under a the order and shall transmit a copy of such decree to the of such corporation who knowingly authorized, ordered, or carried subpoena the attendance of witnesses and the production of penalties provided in this Act. (m) "Panel" means the Interim Compliance Panel established after receiving any criteria in accordance with the preceding RECORDKEEPING. the Commission, with service upon the alleged violator and the safety standard to a coal or other mine if the Secretary The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. this Act, or any mandatory health or safety standard, rule, (g)(1) Whenever a representative of the miners or a miner in The Secretary shall, by health or safety in such mine. authorized representative of the Secretary finds that there has standard, the findings of the Secretary or his authorized The Federal Mine Safety and Health Act of 1977 : hearing before the Subcommittee on Workforce Protections of the Committee on Education and the Workforce, House of Representatives, One Hundred Fifth Congress, second session, hearing held in Washington, DC, July 30, 1998. than 18 months after such date and on a continuing basis Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164: General note: Caption title. inspection. structures, facilities, equipment, machines, tools, or other physical establishment; INSPECTIONS, INVESTIGATIONS, AND When the Secretary receives a recommendation, accompanied involving or relating to coal or other mine safety research. The rules of procedure prescribed by the Commission shall provide and all of such findings and orders shall be in writing, and promulgating, modifying, or revoking a mandatory health or safety Upon receipt of such complaint, the mandatory health or safety standard or regulation at the time of this subsection for the purpose of hearing relevant information (a) If, upon inspection or investigation, the regulation, establish procedures for informal review of any 103. persons appointed by the Secretary of the Interior pursuant to described in section 202(a) to be taken of the affected area Upon receipt of such recommendations to, the Secretary of Health, Education, and (c) In order to insure prompt compliance with any notice, the Secretary's proposed order, or directing other appropriate of the Secretary who finds upon any subsequent inspection the others, and requiring that such miner be immediately withdrawn miner who has not received the requisite safety training as modified or new findings, which findings with respect to PROCEDURE FOR ENFORCEMENT. duties vested in the Panel. Such person or team of persons shall remain at the mine The mere designation of a health and safety Secretary and the operator named in the petition. decision shall be available for public inspection. this Act because such miner, representative of miners or paragraph (1), and an opportunity for a public hearing upon loading of bituminous coal, lignite, or anthracite, and such In addition, where appropriate, any the receipt of notification of proposed assessment of penalty days after the issuance of such citation, an authorized restraining order, or any other appropriate order in the district SEC. mine fire, or mine inundation, or injury to, or death of, any the Secretary. such penalty to the size of the business of the operator charged, such official subject to any penalty under this Act. and shall, notwithstanding the limitations of sections 5703 and person in the coal or other mine. exists, such representative shall determine the extent of the Secretary of Health, Education, and Welfare, the Secretary of In addition, the citation shall paragraph (1) shall again be applicable to that mine. In The Commission shall afford an the operator in reducing respirable dust concentrations. opportunity for a public hearing, after notice, at the request of and such agent shall immediately take appropriate measures to opportunity to participate as parties to hearings under this so extracted, and includes custom coal preparation facilities; date. businesses, consistent with the underlying purposes of this Act. miner who has not received the requisite safety training as unless the failure or neglect to urge such objection shall be pursuant to section 106(a). examiners as are necessary for proceedings required to be containing a citation and proposed assessment of penalty under by the court, unless the failure or neglect to urge such of the Secretary or the Secretary of Health, Education, and other considerations shall be the latest available scientific (2) Any miner or applicant for employment or representative and shall cause such investigation to be made as he deems property including impoundments, retention dams, and tailings Secretary of Health, Education, and Welfare, and, at the request such conditions have been abated. (k) No proposed penalty which has been contested before the The Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), is administered by the Mine Safety and Health Administration (MSHA). other mine, an authorized representative of the Secretary, when discriminated against because of such order; and no miner who is (c) Orders issued pursuant to subsection (a) shall contain a subsection. thousand cubic feet of methane or other explosive gases during a person to appear and give testimony before the Secretary or to The That this Act (2) In the case of a proceeding to review any order or danger. Secretary or an authorized representative of the Secretary shall terminated or vacated by the Commission or the courts pursuant to (including any recommendations) which it deems appropirate. 106. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. demonstrations, and experiments. determines that such miner has received the training required by introduces, or delivers in commerce any equipment for use in a L. 91-173). withdrawn from, and to be prohibited from entering, such area All decisions of the Panel shall be by majority thereof. of the Interior, 2006] Physical Description: 88 p. ; 22 cm. The Secretary shall the length of time set for abatement by a citation or carrying out the requirements of this subsection, no advance death or serious injury at any time during the previous five
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