Provided, however82 Stat. 251The Secretary may, subject to the civil service laws, appoint such employees as he deems requisite for the administration of this chapter and prescribe their duties. Persons appointed as authorized representatives of the Secretary shall be qualified by practical experience in mining or by experience as a practical mining engineer or by education: , That, to the maximum extent feasible, in the selection of persons for appointment as mine inspectors, no person shall be so selected unless he has the basic qualification of at least five years practical mining experience and in assigning mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to the extent possible to their previous experience in the particular type of mining operation where such inspections are to be made. Persons appointed to assist such representatives in the taking of samples of respirable dust for the purpose of enforcing subchapter II of this chapter shall be qualified by training, experience, or education. The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 (, 270) shall not apply with respect to the appointment of such authorized representatives of the Secretary or to persons appointed to assist such representatives and to carry out the provisions of this chapter, and, in applying the provisions of such section to other agencies under the Secretary and to other agencies of the Government, such appointed persons shall not be taken into account. Such persons shall be adequately trained by the Secretary. The Secretary shall develop programs with educational institutions and operators designed to enable persons to qualify for positions in the administration of this chapter. In selecting persons and training and retraining persons to carry out the provisions of this chapter, the Secretary shall work with appropriate educational institutions, operators, and representatives of miners in developing and maintaining adequate programs for the training and continuing education of persons, particularly inspectors, and where appropriate, the Secretary shall cooperate with such institutions in carrying out the provisions of this section by providing financial and technical assistance to such institutions.
Pub. L. 91–173, title V, § 50583 Stat. 802Pub. L. 95–164, title III, § 303(d)91 Stat. 1320(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 91–17383 Stat. 742section 801 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , 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 and Tables.
82 Stat. 251section 201 of Pub. L. 90–36482 Stat. 270section 3101 of Title 5Pub. L. 91–47, title V, § 50383 Stat. 83Section 201 of the Revenue and Expenditure Control Act of 1968 (, 270), referred to in text, is , title II, , , which was set out as a note under and was repealed by , , .
Amendments
Pub. L. 95–1641977— substituted “practical experience in mining” for “practical experience in the mining of coal” and inserted provision requiring that mine inspectors, to the maximum feasible extent, be persons with at least five years practical mining experience and that in assigning inspectors due consideration be given to previous experience in the particular type mining operations where inspections are to be made.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Pub. L. 95–164section 307 of Pub. L. 95–164section 801 of this titleAmendment by effective 120 days after , except as otherwise provided, see , set out as a note under .
Number of Inspectors
Pub. L. 95–164, title III, § 30491 Stat. 1320