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
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
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