30 USC 813 - Inspections, investigations, and recordkeeping

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.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (c), and (e) to (h), was in the original “this Act”, meaning Puspan. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

Amendments

2006—Subsec. (j). Puspan. L. 109–236 inserted second sentence.

1977—Subsec. (a). Puspan. L. 95–164 inserted provisions authorizing representatives of the Secretary of Health, Education, and Welfare to make inspections, expanded the area of inspection and investigation to include mines other than coal mines, inserted provisions requiring the inspection of surface mines at least two times a year, inserted provisions requiring the development of guidelines for additional inspections of mines, and inserted provisions, formerly contained in subsec. (span), authorizing the entry to, upon, or through, any coal or other mine for the purpose of making inspection or investigation.

Subsec. (span). Puspan. L. 95–164 redesignated subsec. (d) as (span) and substituted “coal or other mine” for “coal mine”. Provisions of former subsec. (span) were incorporated into subsec. (a).

Subsecs. (c) to (e). Puspan. L. 95–164 added subsecs. (c) to (e), struck out former subsec. (c) which provided for the utilization of facilities and personnel of other Federal agencies, and redesignated former subsecs. (d) and (e) as (span) and (j), respectively.

Subsec. (f). Puspan. L. 95–164 redesignated subsec. (h) as (f), inserted provision for a representative of the operator to accompany the Secretary or his representative in the physical inspection of a mine, extended the provisions to cover mines other than coal mines, and inserted provisions relating to the choice of the authorized representative of the miners, the representative’s duties, and the choice of more than one representative. Former subsec. (f) redesignated (k).

Subsec. (g). Puspan. L. 95–164 designated existing provisions as par. (1), inserted provisions to par. (1) as so designated which extended the right to an immediate inspection to individual miners when there is no representative of the miners, provided for immediate notification to the mine operator or his agent if the complaint indicates that the danger is imminent, kept the name of the person giving the notice and the names of the individual miners off the copy or notification, and required the Secretary to notify the miners or their representatives if he determines that a violation or danger does not exist, and added par. (2).

Subsec. (h). Puspan. L. 95–164 added subsec. (h). The provisions of former subsec. (h), relating to the right of the miners’ representative to accompany the authorized representative of the Secretary on the inspection, were incorporated into subsec. (f).

Subsec. (i). Puspan. L. 95–164 inserted definition of “liberation of excessive quantities of methane or other explosive gases” and inserted provisions for a reduced schedule of one spot inspections in mines with liberation rates for methane or other explosive gases lower than that required to qualify as “excessive”.

Subsecs. (j), (k). Puspan. L. 95–164 redesignated former subsecs. (e) and (f) as (j) and (k), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (a), (c), (e), and (h) pursuant to section 509(span) of Puspan. L. 96–88 which is classified to section 3508(span) of Title 20, Education.

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Puspan. L. 95–164, set out as a note under section 801 of this title.

Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Puspan. L. 91–173, see section 509 of Puspan. L. 91–173, set out as a note under section 801 of this title.