30 U.S.C. § 817 | Procedures to counteract dangerous conditions

(a)

Withdrawal orders

section 814(c) of this title section 814 of this title section 820 of this titleIf, upon any inspection or investigation of a coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists, such representative shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the operator of such mine to cause all persons, except those referred to in , to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions or practices which caused such imminent danger no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under or the proposing of a penalty under .

(b)

Notice to mine operators; further investigation; findings and decision by Secretary

(1)

If, upon any inspection of a coal or other mine, an authorized representative of the Secretary finds (A) that conditions exist therein which have not yet resulted in an imminent danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance cannot be provided that the continuance of mining operations under such conditions will not result in an imminent danger, he shall determine the area throughout which such conditions exist, and thereupon issue a notice to the operator of the mine or his agent of such conditions, and shall file a copy thereof, incorporating his findings therein, with the Secretary and with the representative of the miners of such mine. Upon receipt of such copy, the Secretary shall cause such further investigation to be made as he deems appropriate, including an opportunity for the operator or a representative of the miners to present information relating to such notice.

(2)

section 814 of this title section 554 of title 5 Upon the conclusion of an investigation pursuant to paragraph (1), and an opportunity for a public hearing upon request by any interested party, the Secretary shall make findings of fact, and shall by decision incorporating such findings therein, either cancel the notice issued under this subsection or issue an order requiring the operator of such mine to cause all persons in the area affected, except those persons referred to in subsection (c) of to be withdrawn from, and be prohibited from entering, such area until the Secretary, after a public hearing affording all interested persons an opportunity to present their views, determines that such conditions have been abated. Any hearing under this paragraph shall be of record and shall be subject to .

(c)

Form and content of orders

Orders issued pursuant to subsection (a) shall contain a detailed description of the conditions or practices which cause and constitute an imminent danger and a description of the area of the coal or other mine from which persons must be withdrawn and prohibited from entering.

(d)

Findings; duration of orders

section 816(a) of this titleEach finding made and order issued under this section shall be given promptly to the operator of the coal or other mine to which it pertains by the person making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the person making them. Any order issued pursuant to subsection (a) may be modified or terminated by an authorized representative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (e), or by the courts pursuant to .

(e)

Reinstatement, modification, and vacatur of orders

(1)

section 554 of title 5 Any operator notified of an order under this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith afford an opportunity for a hearing (in accordance with but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the Secretary’s order. The Commission and the courts may not grant temporary relief from the issuance of any order under subsection (a).

(2)

The Commission shall take whatever action is necessary to expedite proceedings under this subsection.

Pub. L. 91–173, title I, § 107Dec. 30, 196983 Stat. 755 Pub. L. 95–164, title II, § 201Nov. 9, 197791 Stat. 1307 (, , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–173Dec. 30, 196983 Stat. 742 section 801 of this titleThis chapter, referred to in subsec. (a), 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.

Amendments

Pub. L. 95–164 section 819 of this title1977— substituted provisions relating to the procedures to be followed to counteract dangerous conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at coal mines, see .

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

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

Effective Date

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