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30 U.S.C. § 902 — Communication facilities; locations and emergency response plans

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

30 U.S.C. § 902 — Communication facilities; locations and emergency response plans

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Stable record: federal_law:legal_authorities:record_usc_ade876011ed43235521120f7
Source file: Laws/federal/codes/united-states-code/title-30/section-902-communication-facilities-locations-and-emergency-response-plans--44f1995299.md
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Source location: Title 30, Chapter 22, § 902; chapter-022-mine-safety-and-health.md

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**(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, including standards mandated by law and regulation; (ii) reflect the most recent credible scientific research; (iii) be technologically feasible, make use of current commercially available technology, and account for the specific physical characteristics of the mine; and (iv) reflect the improvements in mine safety gained from experience under this chapter and other worker safety and health laws. (D) *Plan review* — The accident response plan under subparagraph (A) shall be reviewed periodically, but at least every 6 months, by the Secretary. In such periodic reviews, the Secretary shall consider all comments submitted by miners or miners’ representatives and intervening advancements in science and technology that could be implemented to enhance miners’ ability to evacuate or otherwise survive in an emergency. (E) *Plan content-general requirements* — To be approved under subparagraph (C), an accident response plan shall include the following: (i) *Post-accident communications* — The plan shall provide for a redundant means of communication with the surface for persons underground, such as secondary telephone or equivalent two-way communication. (ii) *Post-accident tracking* — Consistent with commercially available technology and with the physical constraints, if any, of the mine, the plan shall provide for above ground personnel to determine the current, or immediately pre-accident, location of all underground personnel. Any system so utilized shall be functional, reliable, and calculated to remain serviceable in a post-accident setting. (iii) *Post-accident breathable air* — The plan shall provide for— (I) emergency supplies of breathable air for individuals trapped underground sufficient to maintain such individuals for a sustained period of time; (II) in addition to the 2 hours of breathable air per miner required by law under the emergency temporary standard as of the day before June 15, 2006, caches of self-rescuers providing in the aggregate not less than 2 hours per miner to be kept in escapeways from the deepest work area to the surface at a distance of no further than an average miner could walk in 30 minutes; (III) a maintenance schedule for checking the reliability of self rescuers, retiring older self-rescuers first, and introducing new self-rescuer technology, such as units with interchangeable air or oxygen cylinders not requiring doffing to replenish airflow and units with supplies of greater than 60 minutes, as they are approved by the Administration and become available on the market; and (IV) training for each miner in proper procedures for donning self-rescuers, switching from one unit to another, and ensuring a proper fit. (iv) *Post-accident lifelines* — The plan shall provide for the use of flame-resistant directional lifelines or equivalent systems in escapeways to enable evacuation. The flame-resistance requirement of this clause shall apply upon the replacement of existing lifelines, or, in the case of lifelines in working sections, upon the earlier of the replacement of such lifelines or 3 years after June 15, 2006. (v) *Training* — The plan shall provide a training program for emergency procedures described in the plan which will not diminish the requirements for mandatory health and safety training currently required under [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section825&num=0&edition=prelim). (vi) *Local coordination* — The plan shall set out procedures for coordination and communication between the operator, mine rescue teams, and local emergency response personnel and make provisions for familiarizing local rescue personnel with surface functions that may be required in the course of mine rescue work. (F) *Plan content-specific requirements* (i) *In general* — In addition to the content requirements contained in subparagraph (E), and subject to the considerations contained in subparagraph (C), the Secretary may make additional plan requirements with respect to any of the content matters. (ii) *Post accident communications* — Not later than 3 years after June 15, 2006, a plan shall, to be approved, provide for post accident communication between underground and surface personnel via a wireless two-way medium, and provide for an electronic tracking system permitting surface personnel to determine the location of any persons trapped underground or set forth within the plan the reasons such provisions can not be adopted. Where such plan sets forth the reasons such provisions can not be adopted, the plan shall also set forth the operator’s alternative means of compliance. Such alternative shall approximate, as closely as possible, the degree of functional utility and safety protection provided by the wireless two-way medium and tracking system referred to in this subpart.11 So in original. Probably should be “subparagraph”. (G) *Plan dispute resolution* (i) *In general* — Any dispute between the Secretary and an operator with respect to the content of the operator’s plan or any refusal by the Secretary to approve such a plan shall be resolved on an expedited basis. (ii) *Disputes* — In the event of a dispute or refusal described in clause (i), the Secretary shall issue a citation which shall be immediately referred to a Commission Administrative Law Judge. The Secretary and the operator shall submit all relevant material regarding the dispute to the Administrative Law Judge within 15 days of the date of the referral. The Administrative Law Judge shall render his or her decision with respect to the plan content dispute within 15 days of the receipt of the submission. (iii) *Further appeals* — A party adversely affected by a decision under clause (ii) may pursue all further available appeal rights with respect to the citation involved, except that inclusion of the disputed provision in the plan will not be limited by such appeal unless such relief is requested by the operator and permitted by the Administrative Law Judge. (H) *Maintaining protections for miners* — Notwithstanding any other provision of this chapter, nothing in this section, and no response and preparedness plan developed under this section, shall be approved if it reduces the protection afforded miners by an existing mandatory health or safety standard.

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

30 U.S.C. § 825 — Representation of Secretary in civil litigation by Solicitor of Labor

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 825

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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. § 924 — Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2, 2002, 116 Stat. 1926

### Statutory Notes Section, Pub. L. 95–239, § 19, Mar. 1, 1978, 92 Stat. 106, related to providing information to potential beneficiaries of changes made by Black Lung Benefits Reform Act of 1977. #### Effective Date of Repeal Repeal effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as an Effective Date of 2002 Amendment note under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section902&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 924

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

30 U.S.C. § 924a — Regulations and presumptions

**(a) Promulgation; payment of benefits** The Secretary shall, in accordance with the provisions of this part, and the regulations promulgated by him under this part, make payments of benefits in respect of total disability of any miner due to pneumoconiosis, and in respect of the death of any miner whose death was due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, who at the time of his death was totally disabled by pneumoconiosis. **(b) Promulgation of standards determining total disability** The Secretary shall by regulation prescribe standards for determining for purposes of subsection (a) whether a miner is totally disabled due to pneumoconiosis and for determining whether the death of a miner was due to pneumoconiosis. Regulations required by this subsection shall be promulgated and published in the Federal Register at the earliest practicable date after December 30, 1969, and in no event later than the end of the third month following December 1969. Final regulations required for implementation of any amendments to this subchapter shall be promulgated and published in the Federal Register at the earliest practicable date after the date of enactment of such amendments, and in no event later than the end of the fourth month following the month in which such amendments are enacted. Such regulations may be modified or additional regulations promulgated from time to time thereafter. **(c) Presumptions** For purposes of this section— (1) If a miner who is suffering or suffered from pneumoconiosis was employed for ten years or more in one or more coal mines there shall be a rebuttable presumption that his pneumoconiosis arose out of such employmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 924a

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

30 U.S.C. § 925 — Payment of benefits

**(a) Schedules** Subject to the provisions of subsection (b) of this section, benefit payments shall be made by the Secretary under this part as follows: (1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability at a rate equal to 37½ per centum of the monthly pay rate for Federal employees in grade GS–2, step 1. (2) In the case of death of a miner due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner receiving benefits under this part, benefits shall be paid to his widow (if any) at the rate the deceased miner would receive such benefits if he were totally disabled. (3) In the case of the child or children of a miner whose death is due to pneumoconiosis or, except with respect to a claim filed under part C of this subchapter on or after the effective date of the Black Lung Benefits Amendments of 1981, of a miner who is receiving benefits under this part at the time of his death or who was totally disabled by pneumoconiosis at the time of his death, in the case of the child or children of a widow who is receiving benefits under this part at the time of her death, and in the case of any child or children entitled to the payment of benefits under paragraph (5) of [section 921(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921/c&num=0&edition=prelim), benefits shall be paid to such child or children as follows: If there is one such child, he shall be paid benefits at the rate specified in paragraph (1). If there is more than one such child, the benefits paid shall be divided equally among them and shall be paid at a rate

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 925

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

30 U.S.C. § 931 — Filing of notice of claim

**(a) Promulgation of regulations; time requirement** Except as otherwise provided in [section 924 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section924&num=0&edition=prelim), no payment of benefits shall be made under this part except pursuant to a claim filed therefor on or before December 31, 1973, in such manner, in such form, and containing such information, as the Secretary shall by regulation prescribe. **(b) Utilization of personnel and procedures; evidence required to establish claim; medical evidence; affidavits; autopsy reports; reimbursement of expenses** No claim for benefits under this part shall be denied solely on the basis of the results of a chest roentgenogram. In determining the validity of claims under this part, all relevant evidence shall be considered, including, where relevant, medical tests such as blood gas studies, X-ray examination, electrocardiogram, pulmonary function studies, or physical performance tests, and any medical history, evidence submitted by the claimant’s physician, or his wife’s affidavits, and in the case of a deceased miner, other appropriate affidavits of persons with knowledge of the miner’s physical condition, and other supportive materials. Where there is no medical or other relevant evidence in the case of a deceased miner, such affidavits, from persons not eligible for benefits in such case with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, shall be considered to be sufficient to establish that the miner was totally disabled due to pneumoconiosis or that his or her death was due to pneumoconiosis. In any case, other than that involving a claim filed on or after the effective date of the Black Lung Benefits Amendments of 1

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 931

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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. § 932a — Repealed. Pub. L. 107–275, § 2(c)(2), Nov. 2, 2002, 116 Stat. 1926

### Statutory Notes Section, Pub. L. 95–239, § 11, Mar. 1, 1978, 92 Stat. 101, related to notification to miners of eligibility for medical services and supplies and the period for filing a claim. #### Effective Date of Repeal Repeal effective 90 days after Nov. 2, 2002, see section 4 of Pub. L. 107–275, set out as an Effective Date of 2002 Amendment note under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section902&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 932a

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

30 U.S.C. § 933 — Procedure for the determination of claims during transition period

**(a)** Notwithstanding any other provision in this subchapter, for the purpose of assuring the uninterrupted receipt of benefits by claimants at such time as responsibility for administration of the benefits program is assumed by either a State workmen’s compensation agency or the Secretary of Labor, any claim for benefits under this part filed during the period from July 1, 1973 to December 31, 1973, shall be considered and determined in accordance with the procedures of this section. With respect to any such claim— (1) Such claim shall be determined and, where appropriate under this part or [section 9501(d) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9501/d&num=0&edition=prelim), benefits shall be paid with respect to such claim by the Secretary of Labor. (2) The Secretary of Labor shall promptly notify any operator who he believes, on the basis of information contained in the claim, or any other information available to him, may be liable to pay benefits to the claimant under part C of this subchapter for any month after December 31, 1973. (3) In determining such claims, the Secretary of Labor shall, to the extent appropriate, follow the procedures described in subsections (b), (c), and (d) of [section 919 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section919&num=0&edition=prelim). (4) Any operator who has been notified of the pendency of a claim under paragraph (2) of this subsection shall be bound by the determination of the Secretary of Labor on such claim as if the claim had been filed pursuant to part C of this subchapter and [section 932 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section932&num=0&edition=prelim) had been applicable t

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 933

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

30 U.S.C. § 935 — Appointment of qualified individuals to hear and determine claims for benefits

Qualified individuals appointed by the Secretary of Labor may hear and determine claims for benefits under part B or part C of title IV of the Federal Coal Mine Health and Safety Act of 1969 11 See References in Text note below. [[30 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section921&num=0&edition=prelim) et seq., 931 et seq.] and under section 415 of such Act [[30 U.S.C. 925](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section925&num=0&edition=prelim)]. For purposes of this section, the term “qualified individual” means such an individual, regardless of whether that individual is a hearing examiner appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). Nothing in this section shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this section.

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