30 U.S.C. § 821 — Entitlement of miners to full compensation

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 safety standards, all miners who are idled due to such order shall be fully compensated after all inter- ested parties are given an opportunity for a pub- lic hearing, which shall be expedited in such cases, and after such order is final, by the oper- ator for lost time at their regular rates of pay for such time as the miners are idled by such closing, or for one week, whichever is the lesser. Whenever an operator violates or fails or refuses to comply with any order issued under section 813 of this title, section 814 of this title, or sec- tion 817 of this title, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be en- titled to full compensation by the operator at their regular rates of pay, in addition to pay re- ceived for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is com- plied with, vacated, or terminated. The Commis- sion shall have authority to order compensation due under this section upon the filing of a com- plaint by a miner or his representative and after opportunity for hearing subject to section 554 of title 5. (Pub. L. 91–173, title I, § 111, Dec. 30, 1969, 83 Stat. 759; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1312.) Editorial Notes AMENDMENTS 1977—Pub. L. 95–164 substituted provisions relating to the entitlement of miners to their full compensation when they are idled as the result of the operation of this chapter for provisions relating to the maintenance of records, which provisions, as revised, were trans- ferred to section 813 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. § 822. Representation of Secretary in civil litiga- tion by Solicitor of Labor Except as provided in section 518(a) of title 28, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and rep- resent the Secretary in any civil litigation brought under this chapter but all such litiga- tion shall be subject to the direction and control of the Attorney General. (Pub. L. 91–173, title I, § 112, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313.) 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. PRIOR PROVISIONS Provisions similar to this section were contained in section 816(f) of this title prior to the amendment of this subchapter by Pub. L. 95–164. 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. § 823. Federal Mine Safety and Health Review Commission (a) Establishment; membership; chairman The Federal Mine Safety and Health Review Commission is hereby established. The Commis- sion shall consist of five members, appointed by the President by and with the advice and con- sent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Com- mission under this chapter. The President shall designate one of the members of the Commission to serve as Chairman. (b) Terms; personnel; administrative law judges (1) The terms of the members of the Commis- sion shall be six years, except that—