30 U.S.C. § 824 — Authorization of appropriations

Page 150 TITLE 30—MINERAL LANDS AND MINING § 823a (C) For the purpose of review by the Commis- sion under paragraph (A) or (B) of this sub- section, the record shall include: (i) all matters constituting the record upon which the decision of the administrative law judge was based; (ii) the rulings upon proposed findings and conclu- sions; (iii) the decision of the administrative law judge; (iv) the petition or petitions for discre- tionary review, responses thereto, and the Com- mission’s order for review; and (v) briefs filed on review. No other material shall be considered by the Commission upon review. The Commission either may remand the case to the administra- tive law judge for further proceedings as it may direct or it may affirm, set aside, or modify the decision or order of the administrative law judge in conformity with the record. If the Commis- sion determines that further evidence is nec- essary on an issue of fact it shall remand the case for further proceedings before the adminis- trative law judge. (The provisions of section 557(b) of title 5 with regard to the review authority of the Commis- sion are expressly superseded to the extent that they are inconsistent with the provisions of sub- paragraphs (A), (B), and (C) of this paragraph.) (e) Witnesses and evidence; subpoenas; contempt In connection with hearings before the Com- mission or its administrative law judges under this chapter, the Commission and its adminis- trative law judges may compel the attendance and testimony of witnesses and the production of books, papers, or documents, or objects, and order testimony to be taken by deposition at any stage of the proceedings before them. Any person may be compelled to appear and depose and produce similar documentary or physical evidence, in the same manner as witnesses may be compelled to appear and produce evidence be- fore the Commission and its administrative law judges. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and at depositions ordered by such courts. In case of contumacy, failure, or re- fusal of any person to obey a subpoena or order of the Commission or an administrative law judge, respectively, to appear, to testify, or to produce documentary or physical evidence, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides, or transacts business, shall, upon the application of the Commission, or the administrative law judge, respectively, have ju- risdiction to issue to such person an order re- quiring such person to appear, to testify, or to produce evidence as ordered by the Commission or the administrative law judge, respectively, and any failure to obey such order of the court may be punished by the court as a contempt thereof. (Pub. L. 91–173, title I, § 113, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1313; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (d), and (e), 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 prin- cipally 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. For the effective date of the Federal Mine Safety and Health Amendments Act of 1977, referred to in subsec. (b)(2), see section 307 of Pub. L. 95–164, set out as an Ef- fective Date of 1977 Amendment note under section 801 of this title. PRIOR PROVISIONS Provisions similar to this section were contained in section 729 of this title prior to its repeal 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b)(2) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise speci- fied), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 823a. Principal office in District of Columbia; proceedings held elsewhere The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems that convenience of the pub- lic or the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place. (Pub. L. 95–164, title III, § 302(d), Nov. 9, 1977, 91 Stat. 1320.) Editorial Notes CODIFICATION Section was enacted as part of Pub. L. 95–164, known as the Federal Mine Safety and Health Amendments Act of 1977, and not as part of Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977 which comprises this chapter. 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. § 824. Authorization of appropriations There are authorized to be appropriated, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary to carry out the provisions of this subchapter. (Pub. L. 91–173, title I, § 114, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315.) Page 151 TITLE 30—MINERAL LANDS AND MINING § 825 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. § 825. Mandatory health and safety training (a) Approved program; regulations Each operator of a coal or other mine shall have a health and safety training program which shall be approved by the Secretary. The Secretary shall promulgate regulations with re- spect to such health and safety training pro- grams not more than 180 days after the effective date of the Federal Mine Safety and Health Amendments Act of 1977. Each training program approved by the Secretary shall provide as a minimum that— (1) new miners having no underground min- ing experience shall receive no less than 40 hours of training if they are to work under- ground. Such training shall include instruc- tion in the statutory rights of miners and their representatives under this chapter, use of the self-rescue device and use of respiratory devices, hazard recognition, escapeways, walk around training, emergency procedures, basic ventilation, basic roof control, electrical haz- ards, first aid, and the health and safety as- pects of the task to which he will be assigned; (2) new miners having no surface mining ex- perience shall receive no less than 24 hours of training if they are to work on the surface. Such training shall include instruction in the statutory rights of miners and their represent- atives under this chapter, use of the self-res- cue device where appropriate and use of res- piratory devices where appropriate, hazard recognition, emergency procedures, electrical hazards, first aid, walk around training and the health and safety aspects of the task to which he will be assigned; (3) all miners shall receive no less than eight hours of refresher training no less frequently than once each 12 months, except that miners already employed on the effective date of the Federal Mine Safety and Health Amendments Act of 1977 shall receive this refresher training no more than 90 days after the date of ap- proval of the training plan required by this section; (4) any miner who is reassigned to a new task in which he has had no previous work ex- perience shall receive training in accordance with a training plan approved by the Sec- retary under this subsection in the safety and health aspects specific to that task prior to performing that task; (5) any training required by paragraphs (1), (2) or (4) shall include a period of training as closely related as is practicable to the work in which the miner is to be engaged. (b) Training compensation Any health and safety training provided under subsection (a) shall be provided during normal working hours. Miners shall be paid at their nor- mal rate of compensation while they take such training, and new miners shall be paid at their starting wage rate when they take the new miner training. If such training shall be given at a location other than the normal place of work, miners shall also be compensated for the addi- tional costs they may incur in attending such training sessions. (c) Certificate Upon completion of each training program, each operator shall certify, on a form approved by the Secretary, that the miner has received the specified training in each subject area of the approved health and safety training plan. A cer- tificate for each miner shall be maintained by the operator, and shall be available for inspec- tion at the mine site, and a copy thereof shall be given to each miner at the completion of such training. When a miner leaves the operator’s employ, he shall be entitled to a copy of his health and safety training certificates. False certification by an operator that training was given shall be punishable under section 820(a) and (f) of this title; and each health and safety training certificate shall indicate on its face, in bold letters, printed in a conspicuous manner the fact that such false certification is so pun- ishable. (d) Standards The Secretary shall promulgate appropriate standards for safety and health training for coal or other mine construction workers. (e) Proposed regulations (1) Within 180 days after the effective date of the Federal Mine Safety and Health Amend- ments Act of 1977, the Secretary shall publish proposed regulations which shall provide that mine rescue teams shall be available for rescue and recovery work to each underground coal or other mine in the event of an emergency. The costs of making advance arrangements for such teams shall be borne by the operator of each such mine. (2)(A) The Secretary shall issue regulations with regard to mine rescue teams which shall be finalized and in effect not later than 18 months after June 15, 2006. (B) Such regulations shall provide for the fol- lowing: (i) That such regulations shall not be con- strued to waive operator training require- ments applicable to existing mine rescue teams. (ii) That the Mine Safety and Health Admin- istration shall establish, and update every 5 years thereafter, criteria to certify the quali- fications of mine rescue teams. (iii)(I) That the operator of each under- ground coal mine with more than 36 employ- ees— (aa) have an employee knowledgeable in mine emergency response who is employed at the mine on each shift at each under- ground mine; and (bb) make available two certified mine res- cue teams whose members— (AA) are familiar with the operations of such coal mine; (BB) participate at least annually in two local mine rescue contests; (CC) participate at least annually in mine rescue training at the underground