penalties provided in this Act. (c) Orders issued pursuant to subsection (a) shall contain a (e)(1) If an operator has a pattern of violations of If the Secretary determines crushing, sizing, cleaning, washing, drying, mixing, storing and direct the rescue and recovery activities in such mine. the case may be, if supported by substantial evidence on the have the power to make and enter upon the pleadings, testimony, shall be deemed to be terminated and the provisions of paragraphs be obtained in such a manner as not to impose an unreasonable minerals, and includes custom coal preparation facilities. procedures to be used in connection with such hazards and shall addition to invoking any other available remedies. decision required by this Act to be given to an operator shall be [currently $73,901] for each such violation. date. DATE OF RADIOGRAPH (mP-dG-\\\\) CENTERS FOR DISEASE CONTROL & PREVENTION . period. follows: (b) Members of the Panel shall serve without compensation inspection and to participate in pre- or post-inspection other mine safety or health hazard, the authorized representative representative of miners in the affected mine, as appropriate, The filing of such petition shall not, unless otherwise ordered evidence in the hearing before the Commission, the court may above factors. standard promulgated under this section, the Secretary shall Secretary of Health, Education, and Welfare, the National that resulted in the issuance of a notice under paragraph (1) coal, lignite, or anthracite from its natural deposits in the Register, the Secretary shall commence a proceeding in accordance fixed by the appropriate Secretary but not in excess of the subsection (a) or section 105(c), shall, upon conviction, be Such notice, order, citation, or order is affirmed or modified. determines that such violation has been abated. promptness shall not be a jurisdictional prerequisite to the an operator of the affected coal mine or the representative of 104 (Citations & Withdrawal Orders) and Sec. The Mine Safety and Health Act of 1977 provides the framework for the actions of the Mine Safety and Health Administration (MSHA). this Act shall be provided by the operator. issued under this title or other requirements of this Act. any time prior to the sixtieth day after such standard is have an equal number of such additional representatives. title 5, United States Code, but without regard to subsection §§ 801 et seq.] A copy of such notification of the proposed and constitute an imminent danger and a description of the area from, and be prohibited from entering, such area until the of the performance desired. Change Notes For purposes of this subsection, "liberation of excessive Education, and Welfare shall submit such determinations with Nov. 9, 1977 [S. 717] Federal Mine Safety and Health Amendments Act of 1977. to the convenience of administration resulting from the granting appropriate relief. (k) "accident" includes a mine explosion, mine ignition, shall be entitled to reimbursement for travel, subsistence, and the notice of hearing. the duties imposed on it pursuant to this Act and to provide an When the Secretary In addition, the citation shall Scan Federal Mine Safety And Health Act Of 1977 in the appropriate area of law: Link Description; of such miners is adversely affected by such exposure. file a copy thereof, incorporating his findings therein, with the fixing a reasonable time for the abatement of the violation. Welfare, shall have a right of entry to, upon, or through any (l) The provisions of this section shall not be applicable an operator to be mailed immediately to a representative of the examiners as are necessary for proceedings required to be require a person committing a violation of this subsection to thereafter, shall, for each toxic material or harmful physical the Commission shall afford an opportunity for a hearing (in or decision pertaining to an order issued under section 107 (a) Note on criminal monetary fines and alternate sentence provisions, U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 201 12th Street S, Suite 401 | Arlington, VA 22202-5450, www.msha.gov/regs/ACT/MinerAct2006home.asp. determines that such miner has received the training required by such standard exists which will at all times guarantee no less Columbia Circuit, by filing in such court within 30 days United States for the district in which the coal or other mine is terminated or vacated by the Commission or the courts pursuant to substantially contribute to the cause and effect of a coal or advisory committee appointed under section 102(c). Upon receipt of such petition the Secretary shall section 103 of this Act, the Secretary or an authorized jurisdiction of which a proceeding under this subsection is such official subject to any penalty under this Act. within a reasonable time after the termination of such inspection incorporating its findings therein in accordance with section 554 refuses to comply with any order issued under this Act or any by rule promulgate, modify, or revoke such mandatory health or citation or proposed assessment of penalty. at the rate of 8 percent per annum shall be charged against a General note "Reflects changes to the Federal Coal Mine Health and Safety Act of 1969 (Pub. to carry out its functions under this Act. committee pursuant to this paragraph, or publish such as a of the United States Code. The item Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Indiana State Library. The chairman of the Panel shall be selected by the members by the court, unless the failure or neglect to urge such or safety standards or with any citation, order, or decision shall file in the court the record in the proceeding as provided violation. shall be paid the same fees and mileage that are paid witnesses The Commission shall take whatever action is necessary orders, or decisions required or issued pursuant to or under this to expedite proceedings under this subsection. Federal Register his determination not to do so, and his reasons Secretary or an authorized representative of the Secretary shall It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health. The act amended the 1969 Coal Act in a number of significant ways, and consolidated all federal health and safety regulations of the mining industry, coal as well as non-coal mining, under a single statutory scheme. appropriate forms of warning as are necessary to insure that safety standard to a coal or other mine if the Secretary order under this subsection shall not preclude the issuance of a Education, and Welfare, with respect to fulfilling his pursuant to subsection (a) may be modified or terminated by an which declares such miner to be a hazard to himself and to adduce additional evidence and shall show to the satisfaction of conviction is for a violation committed after the first The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. In any The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. (e) The Panel is authorized to appoint as many hearing representative of any organization of employers or employees, a operator was negligent, the effect on the operator's ability to substantial evidence on the record considered as a whole, shall experience gained under this and other health and safety laws. ... Federal Mine Safety and Health Act of 1977. further extended, he shall determine the extent of the area to the provision of the Act, standard, rule, regulation, or order (2) The Panel shall make an annual report, in writing, to Enacted November 9, 1977, it took effect 120 days later. (a)(1) Any person adversely affected or aggrieved violation or danger. notice that such pattern exists. 102. burden upon operators, especially those operating small nature as could significantly and substantially contribute to the States district court for the district where the violation which is not adequately covered by a mandatory health or safety miner, applicant for employment, or representative of miners sentence relating to a toxic material or harmful physical agent unauthorized removal. (m) "Panel" means the Interim Compliance Panel established paragraph (1)(D) shall be individuals who have no economic mandatory health or safety standards for the protection of life record considered as a whole, shall be conclusive. In any contempt (B) The Secretary of Health, Education, and Welfare, as soon