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30 U.S.C. § 823 — Posting of orders and decisions

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

30 U.S.C. § 823 — Posting of orders and decisions

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Stable record: federal_law:legal_authorities:record_usc_4cde345d262f7ea5b225bb8c
Source file: Laws/federal/codes/united-states-code/title-30/section-823-posting-of-orders-and-decisions--7128a8c1c8.md
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Source location: Title 30, Chapter 22, § 823; chapter-022-mine-safety-and-health.md

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**(a) Mine office; bulletin board** At each coal or other mine there shall be maintained an office with a conspicuous sign designating it as the office of such mine. There shall be a bulletin board at such office or located at a conspicuous place near an entrance of such mine, in such manner that orders, citations, notices and decisions required by law or regulation to be posted, may be posted thereon, and be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any order, citation, notice or decision required by this chapter to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator or his agent. **(b) Distribution of orders, citations, notices, and decisions** The Secretary shall (1) cause a copy of any order, citation, notice, or decision required by this chapter to be given to an operator to be mailed immediately to a representative of the miners in the affected coal or other mine, and (2) cause a copy thereof to be mailed to the public official or agency of the State charged with administering State laws, if any, relating to health or safety in such mine. Such notice, order, citation, or decision shall be available for public inspection. **(c) Compliance** In order to insure prompt compliance with any notice, order, citation, or decision issued under this chapter, the authorized representative of the Secretary may deliver such notice, order, citation, or decision to an agent of the operator, and such agent shall immediately take appropriate measures to insure compliance with such notice, order, citation, or decision. **(d) Filing; designation of health and safety officers** Each operator of a coal or other mine subject to this chapter shall file with the Secretary the name and address of such mine and the name and address of the person who controls or operates the mine. Any revisions in such names or addresses shall be promptly filed with the Secretary. Each operator of a coal or other mine subject to this chapter shall designate a responsible official at such mine as the principal officer in charge of health and safety at such mine, and such official shall receive a copy of any notice, order, citation, or decision issued under this chapter affecting such mine. In any case where the mine is subject to the control of any person not directly involved in the daily operations of the coal or other mine, there shall be filed with the Secretary the name and address of such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective health and safety program at any coal or other mine subject to the control of such person, and such official shall receive a copy of any notice, order, citation, or decision issued affecting any such mine. The mere designation of a health and safety official under this subsection shall not be construed as making such official subject to any penalty under this chapter.

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

30 U.S.C. § 801 — Technical Study Panel

**(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

30 U.S.C. § 820 — Judicial review of Commission orders

**(a) Petition by person adversely affected or aggrieved; temporary relief** (1) Any person adversely affected or aggrieved by an order of the Commission issued under this chapter may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or in the United States Court of Appeals for the District of Columbia Circuit, by filing in such court within 30 days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing, the court shall have exclusive jurisdiction of the proceeding and of the questions determined therein, and shall have the power to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside, in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. No objection that has not been urged before the Commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court th

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 820

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

30 U.S.C. § 721 to 740 — Repealed. Pub. L. 95–164, title III, § 306(a), Nov. 9, 1977, 91 Stat. 1322

### 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

30 U.S.C. § 823 — Federal Mine Safety and Health Review

Page 148 TITLE 30—MINERAL LANDS AND MINING § 821 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. 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 Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title. REGULATIONS Pub. L. 109–236, § 8(b), June 15, 2006, 120 Stat. 501, pro- vided that: ‘‘Not later than December 30, 2006, the Sec- retary of Labor shall promulgate final regulations with respect to penalties.’’ § 821. Entitlement of miners to full compensation If a coal or other mine or area of such mine is closed by an order issued under section 813 of this title, section 814 of this title, or section 817 of this title, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the re- sult of any review of such order, to full com- pensation by the operator at their regular rates of pay for the period they are idled, but for not more than the balance of such shift. If such order is not terminated prior to the next work- ing shift, all miners on that shift who are idled by such order shall be entitled to full compensa- tion by the operator at their regular rates of pay for the period they are idled, but for not more than four hours of such shift. If a coal or other mine or area of such mine is closed by an order issued under section 814 of this title or section 817 of this title for a failure of the operator to comply with any mandatory health or safe

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