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30 U.S.C. § 825 — Representation of Secretary in civil litigation by Solicitor of Labor
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 518(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section518/a&num=0&edition=prelim), relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter but all such litigation shall be subject to the direction and control of the Attorney General.
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Stable record: federal_law:legal_authorities:record_usc_0593c818a69b26d598aca526
Source file: Laws/federal/codes/united-states-code/title-30/section-825-representation-of-secretary-in-civil-litigation-by-solicitor-of-labor--4b22ab26a0.md
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Passage SHA-256: 92d82bc74e89044f613259e194d3f54aa78b4a50612465dfee73748e6ad44e1e
Source location: Title 30, Chapter 22, § 825; chapter-022-mine-safety-and-health.md
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Except as provided in [section 518(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section518/a&num=0&edition=prelim), relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter but all such litigation shall be subject to the direction and control of the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Technical Study Panel (referred to in this section as the “Panel”) which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.
**(b) Membership** The Panel shall be composed of—
(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;
(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.
**(c) Qualifications** Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.
**(d) Report**
(1) **In general** — Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
This chapter, covering the operation of only metal and nonmetallic mines, is covered by section 801 et seq. of this title following the enactment of Pub. L. 95–164 which brought the operation of all coal and other mines under a single legislative canopy.
Section 721, Pub. L. 89–577, § 2, Sept. 16, 1966, 80 Stat. 772, defined “commerce”, “mine”, “operator”, “Secretary”, and “Board”. See [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section802&num=0&edition=prelim).
Section 722, Pub. L. 89–577, § 3, Sept. 16, 1966, 80 Stat. 773, described mines to be covered and empowered Secretary of the Interior to decline jurisdiction if effect of the mine on commerce was not sufficiently substantial. See section 801 et seq. of this title.
Section 723, Pub. L. 89–577, § 4, Sept. 16, 1966, 80 Stat. 773, related to investigations of metal and nonmetallic mines to obtain information relating to health and safety conditions. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim).
Section 724, Pub. L. 89–577, § 5, Sept. 16, 1966, 80 Stat. 773, related to admission of investigators to mines. See [section 813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section813&num=0&edition=prelim).
Section 725, Pub. L. 89–577, § 6, Sept. 16, 1966, 80 Stat. 774, related to development of health and safety standards. See [section 811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section811&num=0&edition=prelim).
Section 726, Pub. L. 89–577, § 7, Sept. 16, 1966, 80 Stat. 775, related to advisory committees. See [section 812 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 721 to 740
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance and form of citations; prompt issuance** If, upon inspection or investigation, the Secretary or his authorized representative believes that an operator of a coal or other mine subject to this chapter has violated this chapter, or any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this chapter, he shall, with reasonable promptness, issue a citation to the operator. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The requirement for the issuance of a citation with reasonable promptness shall not be a jurisdictional prerequisite to the enforcement of any provision of this chapter.
**(b) Follow-up inspections; findings** If, upon any follow-up inspection of a coal or other mine, an authorized representative of the Secretary finds (1) that a violation described in a citation issued pursuant to subsection (a) has not been totally abated within the period of time as originally fixed therein or as subsequently extended, and (2) that the period of time for the abatement should not be further extended, he shall determine the extent of the area affected by the violation and shall promptly issue an order requiring the operator of such mine or his agent to immediately cause all persons, except those persons referred to in subsection (c), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated.
**(c) Exempt persons** The following persons shall not be requi
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 818
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than one hundred feet from a portal.
**(b) Accident preparedness and response**
(1) **In general** — Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness and response at each mine.
(2) **Response and preparedness plan**
(A) *In general* — Not later than 60 days after June 15, 2006, each underground coal mine operator shall develop and adopt a written accident response plan that complies with this subsection with respect to each mine of the operator, and periodically update such plans to reflect changes in operations in the mine, advances in technology, or other relevant considerations. Each such operator shall make the accident response plan available to the miners and the miners’ representatives.
(B) *Plan requirements* — An accident response plan under subparagraph (A) shall—
(i) provide for the evacuation of all individuals endangered by an emergency; and
(ii) provide for the maintenance of individuals trapped underground in the event that miners are not able to evacuate the mine.
(C) *Plan approval* — The accident response plan under subparagraph (A) shall be subject to review and approval by the Secretary. In determining whether to approve a particular plan the Secretary shall take into consideration all comments submitted by miners or their representatives. Approved plans shall—
(i) afford miners a level of safety protection at least consistent with the existing standards, in
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 902
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Federal law — U.S. Code and appendices · legal_authorities
Page 151
TITLE 30—MINERAL LANDS AND MINING
§ 825
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 120 days after Nov. 9, 1977, see sec-
tion 307 of Pub. L. 95–164, set out as an Effective Date
of 1977 Amendment note under section 801 of this title.
§ 825. Mandatory health and safety training
(a) Approved program; regulations
Each operator of a coal or other mine shall
have a health and safety training program
which shall be approved by the Secretary. The
Secretary shall promulgate regulations with re-
spect to such health and safety training pro-
grams not more than 180 days after the effective
date of the Federal Mine Safety and Health
Amendments Act of 1977. Each training program
approved by the Secretary shall provide as a
minimum that—
(1) new miners having no underground min-
ing experience shall receive no less than 40
hours of training if they are to work under-
ground. Such training shall include instruc-
tion in the statutory rights of miners and
their representatives under this chapter, use
of the self-rescue device and use of respiratory
devices, hazard recognition, escapeways, walk
around training, emergency procedures, basic
ventilation, basic roof control, electrical haz-
ards, first aid, and the health and safety as-
pects of the task to which he will be assigned;
(2) new miners having no surface mining ex-
perience shall receive no less than 24 hours of
training if they are to work on the surface.
Such training shall include instruction in the
statutory rights of miners and their represent-
atives under this chapter, use of the self-res-
cue device where appropriate and use of res-
piratory devices where appropriate, hazard
recognition, emergency procedures, electrical
hazards, first aid, walk around trai
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 825
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