Notes on mine safety and health : US Code - Notes

Search Notes on mine safety and health : US Code - Notes

Sec.
801. Congressional findings and declaration of purpose.
802. Definitions.
803. Mines subject to coverage.
804. Interim Compliance Panel.
(a) Establishment; composition.
(b) Compensation; travel and subsistence expenses.
(c) Cooperation of Federal agencies.
(d) Quorum; voting; selection of chairman.
(e) Appointment of administrative law judges;
provisions applicable.
(f) Functions; hearings; notice and review;
termination; annual report.

SUBCHAPTER I - GENERAL
811. Mandatory safety and health standards.
(a) Development, promulgation, and revision.
(b) Emergency temporary mandatory standards.
(c) Modification of standards.
(d) Judicial review.
(e) Distribution of copies of proposed standards or
regulations.
812. Advisory committees.
(a) Committee on coal or other mine safety
research; establishment; membership; chairman;
functions; conflicts of interest.
(b) Committee on coal or other mine health
research; establishment; membership; chairman;
functions; conflicts of interest.
(c) Additional advisory committees; chairman;
conflicts of interest.
(d) Compensation; travel and subsistence expenses.
813. Inspections, investigations, and recordkeeping.
(a) Purposes; advance notice; frequency;
guidelines; right of access.
(b) Notice and hearing; subpoenas; witnesses;
contempt.
(c) Records of employee exposure to toxic materials
or harmful physical agents; undue exposure.
(d) Accident investigations; records.
(e) Collecting information without unreasonable
burden on operators.
(f) Participation of representatives of operators
and miners in inspections.
(g) Immediate inspection; notice of violation or
danger; determination.
(h) Records and reports; compilation and
publication; availability.
(i) Spot inspections.
(j) Accident notification; rescue and recovery
activities.
(k) Safety orders; recovery plans.
814. Citations and orders.
(a) Issuance and form of citations; prompt
issuance.
(b) Follow-up inspections; findings.
(c) Exempt persons.
(d) Findings of violations; withdrawal order.
(e) Pattern of violations; abatement; termination
of pattern.
(f) Respirable dust concentrations; dust control
person or team.
(g) Untrained miners.
(h) Duration of citations and orders.
815. Procedure for enforcement.
(a) Notification of civil penalty; contest.
(b) Failure of operator to correct violation;
notification; contest; temporary relief.
(c) Discrimination or interference prohibited;
complaint; investigation; determination;
hearing.
(d) Contest proceedings; hearing; findings of fact;
affirmance, modification, or vacatur of
citation, order, or proposed penalty;
procedure before Commission.
816. Judicial review of Commission orders.
(a) Petition by person adversely affected or
aggrieved; temporary relief.
(b) Petition by Secretary for review or enforcement
of final Commission orders.
(c) Stay of order or decision of Commission or
Panel.
817. Procedures to counteract dangerous conditions.
(a) Withdrawal orders.
(b) Notice to mine operators; further
investigation; findings and decision by
Secretary.
(c) Form and content of orders.
(d) Findings; duration of orders.
(e) Reinstatement, modification, and vacatur of
orders.
818. Injunctions.
(a) Civil action by Secretary.
(b) Jurisdiction; relief; findings of Commission or
Secretary.
819. Posting of orders and decisions.
(a) Mine office; bulletin board.
(b) Distribution of orders, citations, notices, and
decisions.
(c) Compliance.
(d) Filing; designation of health and safety
officers.
820. Penalties.
(a) Civil penalty for violation of mandatory health
or safety standards.
(b) Civil penalty for failure to correct violation
for which citation has been issued.
(c) Liability of corporate directors, officers, and
agents.
(d) Criminal penalties.
(e) Unauthorized advance notice of inspections.
(f) False statements, representations, or
certifications.
(g) Violation by miners of safety standards
relating to smoking.
(h) Equipment falsely represented as complying with
statute, specification, or regulations.
(i) Authority to assess civil penalties.
(j) Payment of penalties; interest.
(k) Compromise, mitigation, and settlement of
penalty.
(l) Inapplicability to black lung benefit
provisions.
821. Entitlement of miners to full compensation.
822. Representation of Secretary in civil litigation by
Solicitor of Labor.
823. Federal Mine Safety and Health Review Commission.
(a) Establishment; membership; chairman.
(b) Terms; personnel; administrative law judges.
(c) Delegation of powers.
(d) Proceedings before administrative law judge;
administrative review.
(e) Witnesses and evidence; subpoenas; contempt.
823a. Principal office in District of Columbia; proceedings
held elsewhere.
824. Authorization of appropriations.
825. Mandatory health and safety training.
(a) Approved program; regulations.
(b) Training compensation.
(c) Certificate.
(d) Standards.
(e) Proposed regulations.

SUBCHAPTER II - INTERIM MANDATORY HEALTH STANDARDS
841. Mandatory health standards for underground mines;
enforcement; review; purpose.
842. Dust concentration and respiratory equipment.
(a) Samples; procedures; transmittal; notice of
excess concentration; periodic reports to
Secretary; contents.
(b) Standards; noncompliance permit; renewal;
procedures; limitations; extension period.
(c) Applications for noncompliance; contents.
(d) Promulgation of new standards; procedures.
(e) Concentration of respirable dust.
(f) Average concentration.
(g) Compliance inspections.
(h) Maintenance of respiratory equipment;
substitutes for environmental controls.
843. Medical examinations.
(a) Chest roentgenogram; availability; periodic
intervals; other tests; transmittal of
results; advice of rights.
(b) Evidence of pneumoconiosis; option to transfer;
wages.
(c) Costs of examinations and tests.
(d) Autopsies.
844. Rock dust and gas hazards; controls.
845. Dust standards in presence of quartz.
846. Noise standards; promulgation of new standards; tests;
procedures; protective devices.

SUBCHAPTER III - INTERIM MANDATORY SAFETY STANDARDS FOR UNDERGROUND
COAL MINES
861. Mandatory safety standards for underground mines.
(a) Coverage; enforcement; review.
(b) Purpose; initiation of studies and research.
862. Roof support.
(a) Roof control plan; contents; review;
availability.
(b) Creation of dangers by roof falls.
(c) Location and supply of roof support material;
safety devices for roof work.
(d) Roof bolts.
(e) Recovery of roof bolts.
(f) Safety inspections; correction of dangerous
conditions.
863. Ventilation.
(a) Equipment; approval; daily examinations.
(b) Standards for air in work areas.
(c) Line brattice; functions; exceptions; repairs;
flame resistant material.
(d) Pre-shift examinations and tests; scope;
violations of mandatory standards;
notification; posting of "DANGER" signs;
restriction of entry; records; re-entry.
(e) Daily examinations and tests; scope; imminent
danger; withdrawal of persons; abatement of
danger.
(f) Weekly examination for hazardous conditions;
scope; notification; repairs; imminent danger;
withdrawal of persons; abatement; records.
(g) Weekly ventilation examinations; scope;
records.
(h) Methane examinations at working place; periodic
intervals; standards; procedures for different
air contents of methane.
(i) Methane examination of air returning from
working section; periodic intervals;
standards; procedures for different air
contents; virgin territory.
(j) Abandoned area air; pre-shift examination.
(k) Abandoned area air; inaccessible or unsafe for
inspection; air from where pillars have been
removed.
(l) Methane monitors; required equipment;
maintenance; warnings; deenergizing of
equipment.
(m) Idle area inspections; authorized inspectors.
(n) Intentional roof falls; prior inspections;
safeguards.
(o) Methane and dust control plans; contents.
(p) Devices for detection of methane and oxygen
deficiency; maintenance.
(q) Pillar recovery; areas without bleeder systems.
(r) Overcast and undercast intake air split
requirements; time extension.
(s) Blasting; prior and subsequent examinations for
methane.
(t) Mine fan stop plans; requisites.
(u) Modifications affecting main air current or any
split; withdrawal of personnel; removal of
power.
(v) Reading and countersigning of daily and weekly
reports; foreman; superintendent.
(w) Daily mine condition reports; requisites;
signatures.
(x) Reopening of abandoned or declared inactive
mine; notification; inspection.
(y) Separation of intake and return aircourses from
belt haulage entries; standards.
(z) Pillar extractions; bleeder systems and sealing
requirements; standards.
864. Combustible materials and rock dusting.
(a) Accumulations; maintenance.
(b) Abatement of hazards in active working areas.
(c) Rock dusting of all areas of underground mines;
exceptions.
(d) Distribution of rock dust; places, quantities.
(e) Limitation of applicability.
865. Electrical equipment.
(a) Allowable equipment; replacements; maintenance;
permits for noncompliance; renewals;
limitations; list of electric face equipment;
survey of new and rebuilt equipment;
publication of results.
(b) Notification of permits.
(c) Gassy mines; maintenance of equipment.
(d) Location of nonpermissible power connection
units.
(e) Mine map; contents; modifications.
(f) Repairs; deenergizing of equipment; authorized
personnel; locking out of disconnection
devices.
(g) Periodic examinations; maintenance; records;
accessibility.
(h) Electrical conductors.
(i) Electrical connections.
(j) Cables and wires; entry through metal frames.
(k) Support of power wires.
(l) Insulation of power wires; exceptions.
(m) Circuit breakers; overload protection for
three-phase motors.
(n) Disconnecting switches for main power circuits;
location and installation.
(o) Switches.
(p) Lightning arresters.
(q) Nonapproved devices.
(r) Deenergizing of electric face equipment.
866. Trailing cables.
(a) Requirements established for flame resistant
cables.
(b) Circuit breakers; markings and visual
observation of position of disconnection
devices.
(c) Distribution center junctions; safety
connections.
(d) Temporary splices; usable period; exceptions;
quality.
(e) Permanent splices; quality.
(f) Clamping of cables.
(g) Making and breaking of connections to junction
boxes.
867. Grounding of equipment.
(a) Metallic enclosed power conductors; metallic
frames and other equipment; methods.
(b) Frames of offtrack direct current machines;
enclosures of related detached components.
(c) Stationary high-voltage equipment powered by
underground delta systems.
(d) Repairs of high-voltage lines; exceptions.
(e) Deenergizing of underground power circuits on
idle days; exceptions.
868. Underground high-voltage distribution.
(a) Circuits entering underground areas of mines;
circuit breakers.
(b) Circuits extending underground and supplying
equipment; direct neutral grounds; ground
conductors for frames, exceptions; location of
disconnection devices, exceptions.
(c) Grounding resistors.
(d) Inclusion of fail safe ground check circuits in
resistance grounded systems; operative
functions; time extension.
(e) Underground cables used in resistance grounded
systems; metallic shields for power
conductors; standards; splices.
(f) Couplers for power circuits; guidelines for
construction.
(g) Connections of single-phase loads.
(h) Installation of underground transmission
cables.
(i) Disconnection devices; location; visual
observation of position of switch.
(j) Circuit breakers and disconnection devices;
markings.
(k) Splices in cables used as trailing cables;
terminations and splices in other cables.
(l) Grounding of frames of underground equipment.
(m) Moving of power centers, transformers, and
cables; deenergizing; exceptions; safety
guidelines; record of examinations.
869. Underground low- and medium-voltage alternating
current circuits.
(a) Circuits providing power for three-phase
equipment; circuit breakers.
(b) Circuits used underground; direct neutral
grounds; ground conductors for frames;
exceptions; grounding resistors.
(c) Inclusion of fail safe ground check circuits in
resistance ground systems; operative
functions; time extension; couplers for power
circuits; guidelines for construction.
(d) Disconnecting devices installed in conjunction
with circuit breakers; purpose; trailing
cables for mobile equipment; guidelines for
construction; time extension; splices.
(e) Connections of single phase loads.
(f) Circuit breakers; markings.
(g) Trailing cables for medium voltage circuits;
guidelines for construction.
870. Trolley wires and trolley feeder wires.
(a) Intervals for cutoff switches.
(b) Overcurrent protection devices.
(c) Location of wires.
(d) Adequate insulation and guard devices;
promulgation of safety guidelines.
871. Fire protection.
(a) Firefighting equipment; promulgation of minimum
requirements for equipment; existing
requirements; examinations after blasting.
(b) Underground storage areas for lubricating oils
and greases; construction; exceptions.
(c) Housing of underground structures, stations,
shops, and pumps; construction; ventilation.
(d) Use of arc or flame in underground mines;
fireproof enclosures; operations outside
fireproof enclosures; procedures; standards.
(e) Installation of fire suppression devices on
unattended underground equipment;
flame-resistant hydraulic fluids.
(f) Deluge-type water sprays at main and secondary
drives.
(g) Installation of slippage and sequence switches
on belt conveyors; fire suppression devices on
belt haulageways.
(h) Flame-resistant conveyor belt.
872. Maps.
(a) Fireproof repository; contents; certification.
(b) Availability for inspection; confidential
copies.
(c) Notification of mine closures; filing of
revised and supplemental map; certification.
873. Blasting and explosives.
(a) Limitations on storage and use of black powder
and mudcaps.
(b) Storage of explosives and detonators; mudcaps
in anthracite mines; restrictions; tests.
(c) Permissible explosives, detonators, and
devices; firing; stem boreholes;
nonpermissible explosives; compressed air
blasting.
(d) Container construction for carrying explosives
or detonators in underground mines.
(e) Transportation of explosives or detonators in
underground mines.
(f) Storage of explosives and detonators in working
sections of underground mines; containers;
locations.
(g) Location of explosive and detonator containers
in working places of underground mines.
874. Hoisting and mantrips.
(a) Transporting of persons; required equipment and
capabilities; safety catches; daily
examinations; operators.
(b) Promulgation of other safeguards.
(c) Rated capacities; indicator for position of
cage.
(d) Methods for signaling between shaft stations
and hoist rooms.
(e) Braking equipment for haulage cars used in
underground mines.
(f) Automatic couplers for haulage equipment.
875. Emergency shelters; construction; contents;
implementation plans.
876. Communication facilities; locations.
877. General safety provisions.
(a) Location of oil and gas wells; establishment
and maintenance of barriers; minimum
requisites; exceptions.
(b) Boreholes in advance of work face; distance in
advance of work face; distance between
boreholes.
(c) Prohibition against smoking; implementation
programs.
(d) Portable electric lamps; exceptions.
(e) Promulgation of lighting standards.
(f) Escapeways; ventilation; maintenance; tests of
passageways; protection of entrance;
connection between mine openings.
(g) Erection of fireproof structures; prior
existing structures; fire doors; monthly
tests; records; availability.
(h) Prevention of accumulations of coal dust and
methane gas; surface coal-handling facilities;
air-intake openings.
(i) Training programs.
(j) Electric face equipment; installation of
canopies.
(k) Mine entrances; sealing; prevention of entry by
unauthorized personnel.
(l) Facilities for changing and storing clothes;
toilet and bathing facilities.
(m) Emergency medical assistance preparations;
locations for medical equipment; filing of
implementation plans.
(n) Self-rescue device; training of personnel.
(o) Methods of eliminating oxygen deficiencies.
(p) Identification check system; records.
(q) Installation of devices to prevent and suppress
ignition on electric cutting face equipment.
(r) Tunnelling under water; permits; contents;
necessity; safety zones; restrictions.
(s) Drinking water.
(t) Standards for prevention of explosions from
nonmethane gases and for testing for
accumulations.
878. Definitions.

SUBCHAPTER IV - BLACK LUNG BENEFITS

PART A - GENERAL PROVISIONS
901. Congressional findings and declaration of purpose;
short title.
902. Definitions.
903. Field offices.
904. Repealed.

PART B - CLAIMS FOR BENEFITS FILED ON OR BEFORE DECEMBER 31, 1973
921. Regulations and presumptions.
(a) Promulgation; payment of benefits.
(b) Promulgation of standards determining total
disability.
(c) Presumptions.
(d) Applicability of presumptions.
922. Payment of benefits.
(a) Schedules.
(b) Reduction of benefits.
(c) Reporting of income.
923. Filing of notice of claim.
(a) Promulgation of regulations; time requirement.
(b) Utilization of personnel and procedures;
evidence required to establish claim; medical
evidence; affidavits; autopsy reports;
reimbursement of expenses.
(c) Filing of claim for workmen's compensation;
necessity; exceptions.
(d) Employment termination and benefits
entitlement.
924. Time for filing claims.
(a) Claims filed before December 31, 1973.
(b) Filing of claims after June 30, 1973.
(c) Effective date of claims.
(d) Reduction of State benefits.
(e) Conditions upon payment.
924a. Repealed.
925. Procedure for the determination of claims during
transition period.

PART C - CLAIMS FOR BENEFITS AFTER DECEMBER 31, 1973
931. Benefits under State workmen's compensation laws.
(a) Filing.
(b) Adequacy of compensation; listing of States
providing adequate compensation; requisites
for listing.
(c) Publication in the Federal Register; review of
listings.
932. Failure to meet workmen's compensation requirements.
(a) Benefits; applicability of Longshore and Harbor
Workers' Compensation Act; promulgation of
regulations.
(b) Liability of operators.
(c) Persons entitled to benefits.
(d) Monthly payments; amounts; accrual of interest.
(e) Conditions upon payment.
(f) Limitation on filing of claims.
(g) Reduction of monthly benefits.
(h) Promulgation of regulations.
(i) Subsequent operators' liability for benefit
payments.
(j) Failure of operators to secure benefits.
(k) Secretary as party in claim proceedings.
(l) Filing of new claims or refiling or
revalidation of claims of miners already
determined eligible at time of death.
932a. Appointment of qualified individuals to hear and
determine claims for benefits.
933. Duties of operators in States not qualifying under
workmen's compensation laws.
(a) Securing of benefits for miners; self-insurers;
mutual companies.
(b) Required provisions of insurance contracts.
(c) Cancellation of insurance contracts.
(d) Penalties for failure to secure payment of
benefits.
934. "Fund" defined; liability of operators to United
States for repayments to fund; procedures applicable;
rate of interest.
934a. Repealed.
935. Utilization of services of State and local agencies.
936. Regulations and reports.
(a) Promulgation; applicability of section 553 of
title 5.
(b) Annual reports to Congress.
(c) Compliance with State workmen's compensation
laws; conflicts between State and Federal
provisions.
937. Contracts and grants.
(a) Construction, purchase, and operation of
fixed-site and mobile clinical facilities.
(b) Research activities.
(c) Authorization of appropriations.
938. Miners suffering from pneumoconiosis; discrimination
prohibited.
(a) Mine operators.
(b) Determination by Secretary; procedure.
(c) Costs and penalties.
939. Authorization of appropriations.
940. Applicability of amendments to part B of this
subchapter to this part.
941. Penalty for false statements or representations.
942. Miner benefit entitlement reports; penalty for failure
or refusal to file.
943. Black lung insurance program.
(a) Authorization to establish and carry out.
(b) Non-availability of other insurance coverage.
(c) Agreements with coal mine operators;
reinsurance agreements.
(d) Terms and conditions of insurability.
(e) Premium schedule studies and investigations.
(f) Regulations relating to premium rates.
(g) Black Lung Compensation Insurance Fund.
(h) Omitted.
(i) Authorization of appropriations.
944. Statement of reasons for denial of claim.
945. Repealed.

SUBCHAPTER V - ADMINISTRATIVE PROVISIONS
951. Studies and research.
(a) Appropriate projects.
(b) Responsibility for carrying out prescribed
activities.
(c) Contracting with and grants to public and
private agencies; availability of information;
exceptions.
(d) Prevention of diseases affecting persons
working with mine products.
(e) Authorization of appropriations.
(f) Exceptions to mandatory health and safety
standards for improving techniques and
equipment.
(g) Grants for research and development of
respiratory equipment.
951a. Health, Safety, and Mining Technology Research
program.
(a) Health, Safety, and Mining Technology Research
Plan.
(b) Technical amendment.
952. Training and education.
(a) Programs for operators, agents, and miners.
(b) Technical assistance to operators.
(c) National Mine Health and Safety Academy.
953. Assistance to States.
(a) Development and enforcement of health and
safety regulations; improvement of workmen's
compensation and occupational disease laws;
promotion of Federal-State coordination in
mine safety.
(b) Application for grants; contents.
(c) Approval by Secretary; notice and hearing.
(d) Review by Court of Appeals; conclusiveness of
findings of Secretary; filing of petition.
(e) Programs to train State inspectors.
(f) Cooperation in implementation of programs;
exchange of reports between States.
(g) Limitation on grants.
(h) Authorization of appropriations.
954. Appointment of administrative personnel and
inspectors; qualifications; training programs.
955. State laws.
956. Applicability of administrative procedure provisions.
957. Promulgation of regulations.
958. Annual reports to Congress; contents.
959. Study of coordination of Federal and State activities;
report.
960. Limitation on issuance of temporary restraining order
or preliminary injunction.
961. Functions transferred under 1977 amendments.
(a) Transfer of functions to Secretary of Labor.
(b) Existing mandatory standards; review by
advisory committee; recommendations.
(c) Unexpended appropriations; personnel; property;
records; obligations; commitments; savings
provisions; pending proceedings and suits.
(d) "Function" defined.
(e) Determinations by Director of Office of
Management and Budget.
962. Acceptance of contributions and prosecution of
projects; cooperative programs to promote health and
safety education and training; recognition and
funding of Joseph A. Holmes Safety Association; use
of funds for costs of mine rescue and survival
operations.