View all text of Subchapter I [§ 811 - § 826]
§ 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
(1) Whenever a repersentative 1
1 So in original. Probably should be “representative”.
of the miners or a miner in the case of a coal or other mine where there is no such representative has reasonable grounds to believe that a violation of this chapter or a mandatory health or safety standard exists, or an imminent danger exists, such miner or representative shall have a right to obtain an immediate inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, signed by the representative of the miners or by the miner, and a copy shall be provided the operator or his agent no later than at the time of inspection, except that the operator or his agent shall be notified forthwith if the complaint indicates that an imminent danger exists. The name of the person giving such notice and the names of individual miners referred to therein shall not appear in such copy or notification. Upon receipt of such notification, a special inspection shall be made as soon as possible to determine if such violation or danger exists in accordance with the provisions of this subchapter. If the Secretary determines that a violation or danger does not exist, he shall notify the miner or representative of the miners in writing of such determination.(2) Prior to or during any inspection of a coal or other mine, any representative of miners or a miner in the case of a coal or other mine where there is no such representative, may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this chapter or of any imminent danger which he has reason to believe exists in such mine. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation or order with respect to such danger and shall furnish the representative of miners or miner requesting such review a written statement of the reasons for the Secretary’s final disposition of the case.
(h) Records and reports; compilation and publication; availability
(i) Spot inspections
(j) Accident notification; rescue and recovery activities
(k) Safety orders; recovery plans
(Pub. L. 91–173, title I, § 103, Dec. 30, 1969, 83 Stat. 749; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1297; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 109–236, § 5(a), June 15, 2006, 120 Stat. 498.)