30 U.S.C. § 819 — Posting of orders and decisions

Page 145 TITLE 30—MINERAL LANDS AND MINING § 819 notice, shall be seven days from the date of entry. Except as otherwise provided herein, any relief granted by the court to enforce any order under paragraph (1) of subsection (a) shall con- tinue in effect until the completion or final ter- mination of all proceedings for review of such order under this subchapter, unless prior there- to, the district court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or deci- sion issued by the Commission or the Secretary after a public hearing in accordance with sec- tion 554 of title 5, the findings of the Commis- sion or the Secretary, as the case may be, if sup- ported by substantial evidence on the record considered as a whole, shall be conclusive. (Pub. L. 91–173, title I, § 108, Dec. 30, 1969, 83 Stat. 756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1309; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 109–236, § 9, June 15, 2006, 120 Stat. 501.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1)(A), (B), (E), (F), (2) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, 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 section 801 of this title and Tables. Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (b), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2006—Subsec. (a)(1)(A). Pub. L. 109–236 inserted before comma at end ‘‘, or fails or refuses to comply with any order or decision, including a civil penalty assessment order, that is issued under this chapter’’. 1977—Pub. L. 95–164 redesignated existing provisions as subsecs. (a)(1) and (b), added subsec. (a)(2), and in the redesignated provisions inserted references to findings of the Commission, inserted requirement that in ac- tions brought under subsec. (a)(2) the courts require such assurances or affirmative action as they deem necessary to assure that the protections offered by this chapter to the miners be provided by the operator, and struck out provisions relating to the appointment of attorneys by the Secretary to represent him in actions under this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (a)(1)(B), (F) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. 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. § 819. Posting of orders and decisions (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 lo- cated at a conspicuous place near an entrance of such mine, in such manner that orders, cita- tions, 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 oper- ator shall be delivered to the office of the af- fected 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 pub- lic 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, ci- tation, or decision to an agent of the operator, and such agent shall immediately take appro- priate measures to insure compliance with such notice, order, citation, or decision. (d) Filing; designation of health and safety offi- cers 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 oper- ates the mine. Any revisions in such names or addresses shall be promptly filed with the Sec- retary. Each operator of a coal or other mine subject to this chapter shall designate a respon- sible official at such mine as the principal offi- cer in charge of health and safety at such mine, and such official shall receive a copy of any no- tice, 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 oper- ations 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 prin- cipal official of such person who shall have over- all 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 Page 146 TITLE 30—MINERAL LANDS AND MINING § 820 1 So in original. safety official under this subsection shall not be construed as making such official subject to any penalty under this chapter. (Pub. L. 91–173, title I, § 109, Dec. 30, 1969, 83 Stat. 756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1310.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. AMENDMENTS 1977—Pub. L. 95–164 substituted provisions relating to the posting of orders and decisions for provisions set- ting out an enumeration of penalties, which provisions, as revised, were transferred to section 820 of this title. 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. § 820. Penalties (a) Civil penalty for violation of mandatory health or safety standards (1) The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard or who violates any other provision of this chapter, shall be assessed a civil penalty by the Secretary which penalty shall not be more than $50,000 for each such vio- lation. Each occurrence of a violation of a man- datory health or safety standard may constitute a separate offense. (2) The operator of a coal or other mine who fails to provide timely notification to the Sec- retary as required under section 813(j) of this title (relating to the 15 minute requirement) shall be assessed a civil penalty by the Sec- retary of not less than $5,000 and not more than $60,000. (3)(A) The minimum penalty for any citation or order issued under section 814(d)(1) of this title shall be $2,000. (B) The minimum penalty for any order issued under section 814(d)(2) of this title shall be $4,000. (4) Nothing in this subsection shall be con- strued to prevent an operator from obtaining a review, in accordance with section 816 of this title, of an order imposing a penalty described in this subsection. If a court, in making such re- view, sustains the order, the court shall apply at least the minimum penalties required under this subsection. (b) Civil penalty for failure to correct violation for which citation has been issued (1) Any operator who fails to correct a viola- tion for which a citation has been issued under section 814(a) of this title within the period per- mitted for its correction may be assessed a civil penalty of not more than $$5,000 1 for each day during which such failure or violation con- tinues. (2) Violations under this section that are deemed to be flagrant may be assessed a civil penalty of not more than $220,000. For purposes of the preceding sentence, the term ‘‘flagrant’’ with respect to a violation means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury. (c) Liability of corporate directors, officers, and agents Whenever a corporate operator violates a man- datory health or safety standard or knowingly violates or fails or refuses to comply with any order issued under this chapter or any order in- corporated in a final decision issued under this chapter, except an order incorporated in a deci- sion issued under subsection (a) or section 815(c) of this title, any director, officer, or agent of such corporation who knowingly authorized, or- dered, or carried out such violation, failure, or refusal shall be subject to the same civil pen- alties, fines, and imprisonment that may be im- posed upon a person under subsections (a) and (d). (d) Criminal penalties Any operator who willfully violates a manda- tory health or safety standard, or knowingly violates or fails or refuses to comply with any order issued under section 814 of this title and section 817 of this title, or any order incor- porated in a final decision issued under this sub- chapter, except an order incorporated in a deci- sion under subsection (a)(1) or section 815(c) of this title, shall, upon conviction, be punished by a fine of not more than $250,000, or by imprison- ment for not more than one year, or by both, ex- cept that if the conviction is for a violation committed after the first conviction of such op- erator under this chapter, punishment shall be by a fine of not more than $500,000, or by impris- onment for not more than five years, or both. (e) Unauthorized advance notice of inspections Unless otherwise authorized by this chapter, any person who gives advance notice of any in- spection to be conducted under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. (f) False statements, representations, or certifi- cations Whoever knowingly makes any false state- ment, representation, or certification in any ap- plication, record, report, plan, or other docu- ment filed or required to be maintained pursu-