30 USC 820 - Penalties

1 So in original.

for each day during which such failure or violation continues.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (c) to (f), and (h) to (j), 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. (a). Puspan. L. 109–280, § 1301(2), substituted “(1) The operator” for “(1)(1) The operator” in par. (1), substituted “subsection (a)(1)” for “paragraph (1)” in par. (2), relating to criminal penalties, and redesignated that par. as subsec. (d).

Puspan. L. 109–236, § 8(a)(1), inserted “(1)” after subsec. heading, added par. (2), relating to criminal penalties, and added pars. (3) and (4).

Puspan. L. 109–236, § 5(span), designated existing provisions as par. (1) and added par. (2), relating to civil penalties.

Subsec. (span). Puspan. L. 109–280, § 1301(3), inserted par. (1) and (2) designations.

Puspan. L. 109–236, § 8(a)(2), inserted at end “Violations under this section that are deemed to be flagrant may be assessed a civil penalty of not more than $220,000. For purposes of the preceding sentence, the term ‘flagrant’ with respect to a violation means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”

Subsec. (d). Puspan. L. 109–280, § 1301(2)(B)(ii), redesignated subsec. (a)(2), relating to criminal penalties, as (d).

Puspan. L. 109–280, § 1301(1), struck out subsec. (d) which read as follows: “Any operator who willfully violates a mandatory health or safety standard, or knowingly violates or fails or refuses to comply with any order issued under section 814 of this title and section 817 of this title, or any order incorporated in a final decision issued under this subchapter, except an order incorporated in a decision under subsection (a) of this section or section 815(c) of this title, shall, upon conviction, be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or by both, except that if the conviction is for a violation committed after the first conviction of such operator under this chapter, punishment shall be by a fine of not more than $50,000, or by imprisonment for not more than five years, or both.”

1990—Subsec. (a). Puspan. L. 101–508, § 3102(1), substituted “$50,000” for “$10,000”.

Subsec. (span). Puspan. L. 101–508, § 3102(2), substituted “$5,000” for “1,000”.

1977—Puspan. L. 95–164 substituted provisions setting the civil and criminal penalties with regard to violations of this chapter for provisions relating to claims of idled miners, which provisions, as revised, were transferred to section 821 of this title.

Statutory Notes and Related Subsidiaries

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.

Regulations

Puspan. L. 109–236, § 8(span), June 15, 2006, 120 Stat. 501, provided that:

“Not later than December 30, 2006, the Secretary of Labor shall promulgate final regulations with respect to penalties.”