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30 U.S.C. § 936 — Duties of operators in States not qualifying under workmen’s compensation laws

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 936 — Duties of operators in States not qualifying under workmen’s compensation laws

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Source file: Laws/federal/codes/united-states-code/title-30/section-936-duties-of-operators-in-states-not-qualifying-under-workmens-compensation--45c4a3cda7.md
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Source location: Title 30, Chapter 22, § 936; chapter-022-mine-safety-and-health.md

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**(a) Securing of benefits for miners; self-insurers; mutual companies** During any period in which a State workmen’s compensation law is not included on the list published by the Secretary under [section 931(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section931/b&num=0&edition=prelim) each operator of a coal mine in such State shall secure the payment of benefits for which he is liable under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim) by (1) qualifying as a self-insurer in accordance with regulations prescribed by the Secretary, or (2) insuring and keeping insured the payment of such benefits with any stock company or mutual company or association, or with any other person or fund, including any State fund, while such company, association, person or fund is authorized under the laws of any State to insure workmen’s compensation. **(b) Required provisions of insurance contracts** In order to meet the requirements of clause (2) of subsection (a) of this section, every policy or contract of insurance must contain— (1) a provision to pay benefits required under [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim), notwithstanding the provisions of the State workmen’s compensation law which may provide for lesser payments; (2) a provision that insolvency or bankruptcy of the operator or discharge therein (or both) shall not relieve the carrier from liability for such payments; and (3) such other provisions as the Secretary, by regulation, may require. **(c) Cancellation of insurance contracts** No policy or contract of insurance issued by a carrier to comply with the requirements of clause (2) of subsection (a) of this subsection 11 So in original. Probably should be “section”. shall be canceled prior to the date specified in such policy or contract for its expiration until at least thirty days have elapsed after notice of cancellation has been sent by registered or certified mail to the Secretary and to the operator at his last known place of business. **(d) Penalties for failure to secure payment of benefits** (1) Any employer required to secure the payment of benefits under this section who fails to secure such benefits shall be subject to a civil penalty assessed by the Secretary of not more than $1,000 for each day during which such failure occurs. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable to such civil penalty as provided in this subsection for the failure of such corporation to secure the payment of benefits. Such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any benefit which may accrue under this subchapter in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section. (2) Any employer of a miner who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secrets,22 So in original. Probably should be “secretes,”. or destroys any property belonging to such employer, after any miner employed by such employer has filed a claim under this subchapter, and with intent to avoid the payment of benefits under this subchapter to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable for such penalty of imprisonment as well as jointly liable with such corporation for such fine. (3) This subsection shall not affect any other liability of the employer under this part.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 932 — Time for filing claims

**(a) Claims filed before December 31, 1973** (1) No claim for benefits under this part on account of total disability of a miner shall be considered unless it is filed on or before December 31, 1973, or, in the case of a claimant who is a widow, within six months after the death of her husband or by December 31, 1973, whichever is the later. (2) In the case of a claim by a child this paragraph shall apply, notwithstanding any other provision of this part. (A) If such claim is filed within six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from December 30, 1969, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the lesser period. If on the date such claim is filed the claimant is not eligible for benefit payments, but was eligible at any period of time during the period from December 30, 1969, to the date such claim is filed, entitlement shall be effective for the duration of eligibility during such period. (B) If such claim is filed after six months following May 1972, and if entitlement to benefits is established pursuant to such claim, such entitlement shall be effective retroactively from a date twelve months preceding the date such claim is filed, or from the date such child would have been first eligible for such benefit payments had [section 922(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section922/a/3&num=0&edition=prelim) been applicable since December 30, 1969, whichever is the

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 901 — Emergency shelters; construction; contents; implementation plans

The Secretary or an authorized representative of the Secretary may prescribe in any coal mine that rescue chambers, properly sealed and ventilated, be erected at suitable locations in the mine to which persons may go in case of an emergency for protection against hazards. Such chambers shall be properly equipped with first aid materials, an adequate supply of air and self-contained breathing equipment, an independent communication system to the surface, and proper accommodations for the persons while awaiting rescue, and such other equipment as the Secretary may require. A plan for the erection, maintenance, and revisions of such chambers and the training of the miners in their proper use shall be submitted by the operator to the Secretary for his approval.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 936 — Regulations and reports

Page 196 TITLE 30—MINERAL LANDS AND MINING § 934a Editorial Notes REFERENCES IN TEXT Section 424(b)(2) of the Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(3)(A)(i), is subsec. (b)(2) of this section. Section 6321, referred to in subsec. (b)(3)(A)(i), means section 6321 of Title 26, Internal Revenue Code. Section 6332(b), referred to in subsec. (b)(3)(A)(i), means section 6332(b) of Title 26. The Bankruptcy Act, referred to in subsec. (b)(3)(B), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classi- fied generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. CODIFICATION In subsec. (b)(3)(B), ‘‘section 3713(a) of title 31’’ sub- stituted for ‘‘section 3466 of the Revised Statutes (31 U.S.C. 191)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1986—Subsec. (b)(3)(A), (C), (D), (5)(B). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter- nal Revenue Code of 1954’’, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 1981—Subsec. (a). Pub. L. 97–119, § 104(b)(6), sub- stituted provision defining ‘‘fund’’ as used in this sec- tion for provision specifying payments, repayments, and reimbursements which funds from the Black Lung Disability Trust Fund would be available to pay. Subsec. (b)(1). Pub. L. 97–119, § 104(a)(2), inserted ‘‘plus interest thereon’’ after ‘‘attributed to him’’. Subsec. (b)(5). Pub. L. 97–119, § 104(a)(1), added par. (5). 1980—Subsec. (b)(3)(A)(i). Pub. L. 96–222 substituted ‘‘Fede

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