30 U.S.C. § 812 — Advisory committees

Page 133 TITLE 30—MINERAL LANDS AND MINING § 812 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), 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. AMENDMENTS 1977—Subsec. (a). Pub. L. 95–164 substituted provi- sions revising and setting out in detail the procedures to be followed by the Secretary of Labor in developing, promulgating, and revising mandatory health and safe- ty standards covering coal and other mines for provi- sions which had charged the Secretary of the Interior with the responsibility of developing standards for the protection of life and the prevention of injuries in coal mines. Subsec. (b). Pub. L. 95–164 substituted provisions re- lating to emergency temporary mandatory standards for provisions requiring that improved standards not reduce the previously existing level of health and safe- ty in coal mines. Subsec. (c). Pub. L. 95–164 substituted provisions re- lating to the modification of standards for provisions covering the consultative and research steps in the pro- mulgation of safety standards. Subsec. (d). Pub. L. 95–164 substituted provisions re- lating to judicial review of standards for provisions covering the consultative and research steps in the pro- mulgation of health standards. Subsec. (e). Pub. L. 95–164 redesignated subsec. (k) as (e) and substituted ‘‘proposed mandatory health or safety standard or regulation’’ for ‘‘proposed standard or regulation’’ and ‘‘coal or other mine’’ for ‘‘coal mine’’. Subsecs. (f) to (j). Pub. L. 95–164 struck out subsecs. (f) to (j) which had related to the submission of objec- tions to proposed standards, hearings, the effective date of standards, mandatory standards for surface coal mines, and the publication of pre-existing consistent regulations in the Federal Register and the continuing effectiveness of those regulations until modified or su- perseded, and incorporated those provisions, as altered to apply to coal and other mines and as otherwise re- vised, into subsec. (a). Subsec. (k). Pub. L. 95–164 redesignated subsec. (k) as (e). 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), (6)(B), and (7) 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. SEALING OF ABANDONED AREAS Pub. L. 109–236, § 10, June 15, 2006, 120 Stat. 501, pro- vided that:‘‘Not later than 18 months after the issuance by the Mine Safety and Health Administration of a final report on the Sago Mine accident or the date of enactment of the Mine Improvement and New Emer- gency Response Act of 2006 [June 15, 2006], whichever occurs earlier, the Secretary of Labor shall finalize mandatory heath and safety standards relating to the sealing of abandoned areas in underground coal mines. Such health and safety standards shall provide for an increase in the 20 psi standard currently set forth in section 75.335(a)(2) of title 30, Code of Federal Regula- tions.’’ § 812. Advisory committees (a) Committee on coal or other mine safety re- search; establishment; membership; chair- man; functions; conflicts of interest (1) The Secretary of the Interior shall appoint an advisory committee on coal or other mine safety research composed of— (A) the Director of the Office of Science and Technology or his delegate, with the consent of the Director; (B) the Director of the National Institute of Standards and Technology, Department of Commerce, or his delegate, with the consent of the Director; (C) the Director of the National Science Foundation, or his delegate, with the consent of the Director; and (D) such other persons as the Secretary of the Interior may appoint who are knowledge- able in the field of coal or other mine safety research. The Secretary of the Interior shall designate the chairman of the committee. (2) The advisory committee shall consult with, and make recommendations to, the Secretary of the Interior on matters involving or relating to coal or other mine safety research. The Sec- retary of the Interior shall consult with, and consider the recommendations of, such com- mittee in the conduct of such research, the mak- ing of any grants, and the entering into of con- tracts for such research. (3) The chairman of the committee and a ma- jority of the persons appointed by the Secretary of the Interior pursuant to paragraph (1)(D) shall be individuals who have no economic inter- ests in the coal or other mining industry, and who are not operators, miners, or officers or em- ployees of the Federal Government or any State or local government. (b) Committee on coal or other mine health re- search; establishment; membership; chair- man; functions; conflicts of interest (1) The Secretary of Health and Human Serv- ices shall appoint an advisory committee on coal or other mine health research composed of— (A) the Director, United States Bureau of Mines, or his delegate, with the consent of the Director; (B) the Director of the National Science Foundation, or his delegate, with the consent of the Director; (C) the Director of the National Institutes of Health, or his delegate, with the consent of the Director; and (D) such other persons as the Secretary of Health and Human Services may appoint who are knowledgeable in the field of coal or other mine health research. Page 134 TITLE 30—MINERAL LANDS AND MINING § 812 The Secretary of Health and Human Services shall designate the chairman of the committee. (2) The advisory committee shall consult with, and make recommendations to, the Secretary of Health and Human Services on matters involv- ing or relating to coal or other mine health re- search. The Secretary of Health and Human Services shall consult with, and consider the recommendations of, such committee in the con- duct of such research, the making of any grants, and the entering into of contracts for such re- search. (3) The chairman of the committee and a ma- jority of the persons appointed by the Secretary of Health and Human Services pursuant to para- graph (1)(D) shall be individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. (c) Additional advisory committees; chairman; conflicts of interest The Secretary or the Secretary of Health and Human Services may appoint other advisory committees as he deems appropriate to advise him in carrying out the provisions of this chap- ter. The Secretary or the Secretary of Health and Human Services, as the case may be, shall appoint the chairman of each such committee. A majority of the members (including the chair- man) of any such advisory committee appointed pursuant to this subsection shall be composed of individuals who have no economic interests in the coal or other mining industry, and who are not operators, miners, or officers or employees of the Federal Government or any State or local government. (d) Compensation; travel and subsistence ex- penses Advisory committee members, other than offi- cers or employees of Federal, State, or local governments, shall be, for each day (including traveltime) during which they are performing committee business, entitled to receive com- pensation at a rate fixed by the appropriate Sec- retary but not in excess of the maximum rate of pay for grade GS–18 as provided in the General Schedule under section 5332 of title 5, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, be fully reimbursed for travel, subsistence, and related expenses. (Pub. L. 91–173, title I, § 102, Dec. 30, 1969, 83 Stat. 747; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1295; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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. AMENDMENTS 1988—Subsec. (a)(1)(B). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’. 1977—Subsec. (a). Pub. L. 95–164 expanded the area of coverage for the committee on mine safety research from ‘‘coal mines’’ to ‘‘coal or other mines’’. Subsec. (b). Pub. L. 95–164 expanded the area of cov- erage for the advisory committee on mine health re- search from ‘‘coal mines’’ to ‘‘coal or other mines’’. Subsec. (c). Pub. L. 95–164 struck out ‘‘, who shall be an individual who has no economic interest in the coal mining industry, and who is not an operator, miner, or an officer or employee of the Federal Government or any State or local government’’ after ‘‘chairman of each such committee’’ and inserted ‘‘(including the chairman)’’ after ‘‘A majority of the members’’. Subsec. (d). Pub. L. 95–164 reenacted subsec. (d) with- out change. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (b)(1)(A) pursuant to sec- tion 10(b) of Pub. L. 102–285, set out as a note under sec- tion 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (b) and (c) 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. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Page 135 TITLE 30—MINERAL LANDS AND MINING § 813 Executive Documents TRANSFER OF FUNCTIONS Functions vested by law in Office of Science and Technology and in Director or Deputy Director of Of- fice of Science and Technology transferred to Director of National Science Foundation, and Office of Science and Technology, including offices of Director and Dep- uty Director, provided for by sections 1 and 2 of Reorg. Plan No. 2, of 1962, eff. June 8, 1962, 27 F.R. 5419, 76 Stat. 1253, abolished by sections 2 and 3(a)(5) of Reorg. Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, both set out in the Appendix to Title 5, Government Or- ganization and Employees. § 813. Inspections, investigations, and record- keeping (a) Purposes; advance notice; frequency; guide- lines; right of access Authorized representatives of the Secretary or the Secretary of Health and Human Services shall make frequent inspections and investiga- tions in coal or other mines each year for the purpose of (1) obtaining, utilizing, and dissemi- nating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines, (2) gathering infor- mation with respect to mandatory health or safety standards, (3) determining whether an im- minent danger exists, and (4) determining whether there is compliance with the manda- tory health or safety standards or with any cita- tion, order, or decision issued under this sub- chapter or other requirements of this chapter. In carrying out the requirements of this sub- section, no advance notice of an inspection shall be provided to any person, except that in car- rying out the requirements of clauses (1) and (2) of this subsection, the Secretary of Health and Human Services may give advance notice of in- spections. In carrying out the requirements of clauses (3) and (4) of this subsection, the Sec- retary shall make inspections of each under- ground coal or other mine in its entirety at least four times a year, and of each surface coal or other mine in its entirety at least two times a year. The Secretary shall develop guidelines for additional inspections of mines based on cri- teria including, but not limited to, the hazards found in mines subject to this chapter, and his experience under this chapter and other health and safety laws. For the purpose of making any inspection or investigation under this chapter, the Secretary, or the Secretary of Health and Human Services, with respect to fulfilling his responsibilities under this chapter, or any au- thorized representative of the Secretary or the Secretary of Health and Human Services, shall have a right of entry to, upon, or through any coal or other mine. (b) Notice and hearing; subpoenas; witnesses; contempt For the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine, the Sec- retary may, after notice, hold public hearings, and may sign and issue subpoenas for the at- tendance and testimony of witnesses and the production of relevant papers, books, and docu- ments, and administer oaths. Witnesses sum- moned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such per- son is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Sec- retary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Records of employee exposure to toxic mate- rials or harmful physical agents; undue expo- sure The Secretary, in cooperation with the Sec- retary of Health and Human Services, shall issue regulations requiring operators to main- tain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under any applicable mandatory health or safety standard promulgated under this chapter. Such regulations shall provide miners or their representatives with an oppor- tunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provi- sions for each miner or former miner to have ac- cess to such records as will indicate his own ex- posure to toxic materials or harmful physical agents. Each operator shall promptly notify any miner who has been or is being exposed to toxic materials or harmful physical agents in con- centrations or at levels which exceed those pre- scribed by an applicable mandatory health or safety standard promulgated under section 811 of this title, or mandated under subchapter II, and shall inform any miner who is being thus ex- posed of the corrective action being taken. (d) Accident investigations; records All accidents, including unintentional roof falls (except in any abandoned panels or in areas which are inaccessible or unsafe for inspections), shall be investigated by the operator or his agent to determine the cause and the means of preventing a recurrence. Records of such acci- dents and investigations shall be kept and the information shall be made available to the Sec- retary or his authorized representative and the appropriate State agency. Such records shall be open for inspection by interested persons. Such records shall include man-hours worked and shall be reported at a frequency determined by the Secretary, but at least annually. (e) Collecting information without unreasonable burden on operators Any information obtained by the Secretary or by the Secretary of Health and Human Services under this chapter shall be obtained in such a manner as not to impose an unreasonable bur- den upon operators, especially those operating small businesses, consistent with the underlying purposes of this chapter. Unnecessary duplica- tion of effort in obtaining information shall be reduced to the maximum extent feasible.