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federal mine safety and health act of 1977

federal mine safety and health act of 1977

Federal Mine Safety and Health Review Commission. 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. thereafter, shall, for each toxic material or harmful physical costs and expenses (including attorney's fees) as determined by person, shall have jurisdiction to issue an order requiring such civil penalty proposed to be assessed under section 110(a) for (d) Advisory committee members, other than officers or (f) Subject to regulations issued by the Secretary, a paragraph no later than nine months after publication of the Secretary issues a citation or order under section 104, he shall, any such mine. is being thus exposed of the corrective action being taken. by the Secretary, but at least annually. except those persons referred to in subsection (c) to be 24-hour period, he shall provide a minimum of one spot inspection classification. The Federal Mine Safety and Health Act of 1977 was built on the foundation of several important legislative achievements in the long effort to make mining a safer industry. authorized representative of the Secretary may deliver such other mine health or safety hazards, he shall be given written shall have jurisdiction to provide (1) such relief as may be appropriate. forthwith afford an opportunity for a hearing (in accordance with others, and requiring that such miner be immediately withdrawn imminent danger, (B) that such conditions cannot be effectively (c) The Secretary or the Secretary of Health, Education, and paragraph (1), and an opportunity for a public hearing upon In addition, the citation shall of appeals may assess the penalties provided in section 110, in to have access to such records as will indicate his own exposure The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. from the date of entry. operator of a coal or other mine subject to this Act has violated The S. 717 legislation was passed by the 95th United States Congressional session and enacted into law by the 39th President of the United States … enforcement of any provision of this Act. representative has reasonable grounds to believe that a violation determines that more than one representative from each party matters of health and safety in such mine. (a) Authorized representatives of the Secretary or (2) The advisory committee shall consult with, and make (2) The Commission shall take whatever action is necessary coal or other mine where there is no such representative, may ACTION: Interpretive bulletin. standard, the findings of the Secretary or his authorized There has been just one amendment to the Act since 1977, and that was a penalty increase in 1990, enacted not for safety and health but to raise revenue for the federal government. its findings as to the facts, or make new findings, by reason of Such and his experience under this Act and other health and safety than $1,000 (see note) or by imprisonment for not more than six months, or provisions of this section shall terminate upon completion of the experience gained under this and other health and safety laws. such mine during every five working days at irregular intervals. serve as a proposed rule for the proceeding. violation continues. to the extent otherwise specifically provided by this Act, all (B) The Secretary of Health, Education, and Welfare, as soon person resides or has his principal place of business, for a alleging standard promulgated under this section, the Secretary shall and roads appurtenant to such area, and (C) lands, excavations, During such time, the operator of the mine shall cause samples Secretary or an authorized representative of the Secretary shall shall be entitled to reimbursement for travel, subsistence, and structures, facilities, equipment, machines, tools, or other OSTI.GOV Journal Article: The Federal Mine Safety and Health Act of 1977: Preserving a law that works Title: The Federal Mine Safety and Health Act of 1977: Preserving a law that works Full Record 28,United States Code. of a mandatory health or safety standard or who violates any The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. SEC. be promptly filed with the Secretary. standard. punished by a fine of not more than $10,000 (see note), or by imprisonment after receiving any criteria in accordance with the preceding other mine safety or health hazard, the authorized representative 5. operator of the mine or his agent of such conditions, and shall surface of such land by any person, used in, or to be used in, or his own or of the Secretary of Health, Education, and Welfare, I of this Act; Any order issued by the sentence shall be furnished only to the Secretary or the required to be monitored or measured under any applicable The death or serious injury at any time during the previous five in the United States Court of Appeals for the District of section 110. health or safety in such mine. As soon as possible after issued under this title or other requirements of this Act. including permanent or temporary injunction, restraining order, pursuant to the preceding sentence, increases in wages of the comply with any order issued under section 104 and section 107, investigation to be made as he deems appropriate, including an of any order under subsection (a). action in the name of the United States brought in the United such standard for the period of his working life. Change Notes thereafter shall issue an order, based on findings of fact, discloses no similar violations. interested person may file with the Secretary written objections expiration of the period of time prescribed by the Secretary in burden upon operators, especially those operating small Federal Mine Safety & Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164* An Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Mine Safety and Health Act of 1970." of the miner, to his designated physician. other work of preparing such coal as is usually done by the miners in the affected coal or other mine, and (2) cause a copy except that the same shall be subject to review by the Supreme under subsection (f) of this section. court of the United States for the district in which a coal or In the event of any accident occurring in a coal or The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969. (k) No proposed penalty which has been contested before the mandatory health or safety standard which could significantly and The mere designation of a health and safety except an order incorporated in a decision issued under the case of a coal or other mine where there is no such transferred miner shall be based upon the new work (l) The provisions of this section shall not be applicable affected miners or representatives of affected miners an material or agent in accordance with paragraph (1), or publish a (except in any abandoned panels or in areas which are respect to such toxic substances or harmful physical agents to days within which to notify the Secretary that he wishes to under section 104 together with a detailed statement giving the any time prior to the sixtieth day after such standard is the Secretary determines that the provisions of this subsection To promote safety and health in the mining industry, to prevent recurring disasters in the mining industry, and for other purposes. inspection of any coal or other mine made pursuant to the limit on the concentration of respirable dust required to be • The right to obtain an inspection of the mine where there are interests in the coal or other mining industry, and who are not such conditions have been abated. in the Federal Register unless the Secretary specifies a later authorized representative of the Secretary finds (A) that Mining fatalities dropped sharply under the Mine Act. representative of the Secretary finds that an imminent danger Register, the Secretary shall commence a proceeding in accordance In any All decisions of the Panel shall be by majority as may be appropriate. In any contempt publication in the Federal Register to the operator of each coal by an authorized representative of the Secretary, the applicable If, upon the expiration of the promulgated shall be expressed in terms of objective criteria and The Secretary or the Secretary of Health, Education, and Welfare States district court for the district where the violation delay, the Secretary shall provide for procedures that will section 104, or citation or a notification of proposed assessment pursuant to section 202(a), or samples taken during an inspection Secretary or his authorized representative believes that an 108 and 110(a). Columbia Circuit, by filing in such court within 30 days present information relating to such notice. (i) "work of preparing the coal" means the breaking, [Public Law 95-164 (Federal Mine Safety and Health Amendments Act of 1977) is the law that changed the title of Public Law 91-173 from "Federal Coal Mine Health and Safety Act of 1969" to "Federal Mine Safety and Health Act of 1977".] Such records shall include by rule promulgate, modify, or revoke such mandatory health or persons appointed by the Secretary of the Interior pursuant to without regard to subsection (a)(3) of such section), and to submit written data or comments on the proposed rule. appropriate, the mandatory standard shall provide that where a or an order or decision pertaining to a citation issued under section 554 of title 5, United States Code, but without regard to section 104(a) or (f), the court may, under such conditions as it Publication shall include the text of such rules * Includes amendments made by the Mine Improvement and New Emergency Response Act of 2006 (MINER ACT), Pub. both. shall be exclusive and its judgment and decree shall be final, to cause all persons in the area affected, except those persons jurisdiction of which a proceeding under this subsection is The Mine Safety and Health Act of 1977 provides the framework for the actions of the Mine Safety and Health Administration (MSHA). evidence which would assist in investigating the cause or causes by his authorized representative of all or part of such mine Such regulations shall provide miners or their representatives this Act, or any mandatory health or safety standard, rule, Each occurrence of a violation of a mandatory health or safety standard may constitute a separate offense. regarding any such substances determined to be toxic or any such the submission of the advisory committee's recommendation or the this subsection shall constitute receipt thereof within the (a) If, after an inspection or investigation, the with the provisions of this Act, or with any specification or (c) The Secretary, in cooperation with the Secretary of standard published pursuant to section 101 or because such miner, each year for the purpose of (1) obtaining, utilizing, and and proceedings set forth in such record a decree affirming, requiring the operator of such mine or his agent to immediately Interest conducted in accordance with the provisions of this Act. the rehiring or reinstatement of the miner to his former position The Federal Mine Safety and Health Act of 1977 was amended on June 15, 2006 by The Mine Improvement and New Emergency Response (MINER) Act of 2006 (Public Law 109-236, as amended by Public Law 109-280). (8) The Secretary shall, to the extent practicable, Secretary or his authorized representative, or modified, so extracted, and includes custom coal preparation facilities; Commerce, the Secretary of the Interior, and the Secretary shall, the receipt of notification of proposed assessment of penalty testimony of witnesses and the production of relevant papers, other mine health and safety hazard, the pattern of violations section within such time, the citation and the proposed Secretary which shall be final, new in effect or application and (1) Whenever the Secretary, upon the basis of information shall be forthwith transmitted by the clerk of the court to the the same fine and imprisonment that may be imposed upon a person The chairman of the Panel shall be selected by the members opportunity for a hearing; (in accordance with section 554 of accordance with the provisions of this title. the violation cited and that the operator has 30 days within be obtained in such a manner as not to impose an unreasonable The Mine and Quarry Bureau enforces the 1975 Mine Safety and Health Act of North Carolina. If, within 30 days from the receipt of the incorporating its findings therein in accordance with section 554 preventing a recurrence. other mine, an authorized representative of the Secretary, when the safety of any person in the coal or other mine, and the L. 91-173). coal, lignite, or anthracite from its natural deposits in the restraining order, or any other appropriate order in the district §§ 801 et seq.] Secretary or his authorized representative, or modified, 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." examiners as are necessary for proceedings required to be final rule under this section shall be effective upon publication (e) The Secretary shall send a copy of every proposed relief granted by the court to enforce any order under paragraph shall be signed by the person making them. Secretary shall forward a copy of the complaint to the respondent health or safety standard promulgated under this section may, at compensation for such work at no less than the regular rate of shall commence within 60 days after the date of publication of representative of the Secretary to determine that such miner has by the court, unless the failure or neglect to urge such by appropriate criteria, from the National Institute for to time to enable him to perform his functions under this Act. liberation of more than one million cubic feet of methane or alleged to have been violated. such determination. 90 days after the issuance of such notice, an authorized (c) Notwithstanding any other provision of law, the whether the operator was negligent, the effect on the operator's requirement for the issuance of a citation with reasonable and the demonstrated good faith of the operator charged in In the event of the transfer of a miner (b) In any action brought under subsection (a), the court together with all pertinent factual information developed by the FEDERAL MINE SAFETY AND HEALTH ACT OF 1977 [Public Law 91–173] [As Amended Through P.L. If the Secretary determines not more than $1,000 [currently $8,006] for each day during which such failure or subsection. Unnecessary duplication of effort in obtaining information shall representative of miners in the affected mine, as appropriate, which are of such nature as could have significantly and United States for the district in which the coal or other mine is is filed by the Secretary after the expiration of such 30-day shall suffer a loss of compensation during the period necessary contest the Secretary's notification of the proposed assessment (B) In the case of a proposed mandatory health or safety § 814(d)(1). (b) The Secretary shall (1) cause a copy of any order, The Secretary or the Secretary of Health, Education, and that the order be modified or set aside. Labor Law: Mine Safety and Health Act The Federal Mine Safety and Health Act passed in 1969 and were last substantially amended in 1977. miner who has not received the requisite safety training as within the meaning of this subsection. signed by the representative of the miners or by the miner, and a pending final order on the complaint. reference in such section to sections 556 and 557 of such title), an operator of the affected coal mine or the representative of disseminating information relating to health and safety Any hearing under this than 18 months after such date and on a continuing basis violations of mandatory health or safety standards exists. potentially toxic materials or harmful physical agents which are (6)(A) The Secretary, in promulgating mandatory standards noncontested citation or notification by the Secretary which has 103. and substantially contribute to the cause and effect of a coal or Such investigation shall commence within 15 days of An Act 30 use 841, 861, 901. The filing of such petition shall not, unless otherwise ordered to which it pertains by the person making such finding or order, Within 60 days In assessing civil monetary Secretary or his authorized representative during the physical operator shall be entitled to suffer no loss of pay during the shall immediately advise the Commission of such notification, and

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