30 U.S.C. § 818 — Injunctions

Page 144 TITLE 30—MINERAL LANDS AND MINING § 818 (c) Form and content of orders Orders issued pursuant to subsection (a) shall contain a detailed description of the conditions or practices which cause and constitute an im- minent danger and a description of the area of the coal or other mine from which persons must be withdrawn and prohibited from entering. (d) Findings; duration of orders Each finding made and order issued under this section shall be given promptly to the operator of the coal or other mine to which it pertains by the person making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the person making them. Any order issued pursuant to subsection (a) may be modified or terminated by an authorized rep- resentative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Com- mission pursuant to subsection (e), or by the courts pursuant to section 816(a) of this title. (e) Reinstatement, modification, and vacatur of orders (1) Any operator notified of an order under this section or any representative of miners no- tified of the issuance, modification, or termi- nation of such an order may apply to the Com- mission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith afford an opportunity for a hearing (in accordance with section 554 of title 5 but without regard to sub- section (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the Secretary’s order. The Commission and the courts may not grant temporary relief from the issuance of any order under subsection (a). (2) The Commission shall take whatever ac- tion is necessary to expedite proceedings under this subsection. (Pub. L. 91–173, title I, § 107, Dec. 30, 1969, 83 Stat. 755; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1307.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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—Pub. L. 95–164 substituted provisions relating to the procedures to be followed to counteract dangerous conditions in coal or other mines for provisions relat- ing to the posting of notices, orders, and decisions at coal mines, see section 819 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. § 818. Injunctions (a) Civil action by Secretary (1) The Secretary may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other ap- propriate order in the district court of the United States for the district in which a coal or other mine is located or in which the operator of such mine has his principal office, whenever such operator or his agent— (A) violates or fails or refuses to comply with any order or decision issued under this chapter, or fails or refuses to comply with any order or decision, including a civil penalty as- sessment order, that is issued under this chap- ter, (B) interferes with, hinders, or delays the Secretary or his authorized representative, or the Secretary of Health and Human Services or his authorized representative, in carrying out the provisions of this chapter, (C) refuses to admit such representatives to the coal or other mine, (D) refuses to permit the inspection of the coal or other mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine, (E) refuses to furnish any information or re- port requested by the Secretary or the Sec- retary of Health and Human Services in fur- therance of the provisions of this chapter, or (F) refuses to permit access to, and copying of, such records as the Secretary or the Sec- retary of Health and Human Services deter- mines necessary in carrying out the provisions of this chapter. (2) The Secretary may institute a civil action for relief, including permanent or temporary in- junction, restraining order, or any other appro- priate order in the district court of the United States for the district in which the coal or other mine is located or in which the operator of such mine has his principal office whenever the Sec- retary believes that the operator of a coal or other mine is engaged in a pattern of violation of the mandatory health or safety standards of this chapter, which in the judgment of the Sec- retary constitutes a continuing hazard to the health or safety of miners. (b) Jurisdiction; relief; findings of Commission or Secretary In any action brought under subsection (a), the court shall have jurisdiction to provide such relief as may be appropriate. In the case of an action under subsection (a)(2), the court shall in its order require such assurance or affirmative steps as it deems necessary to assure itself that the protection afforded to miners under this chapter shall be provided by the operator. Tem- porary restraining orders shall be issued in ac- cordance with rule 65 of the Federal Rules of Civil Procedure, as amended, except that the time limit in such orders, when issued without 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