30 U.S.C. § 826 — Limitation on certain liability for rescue

Page 152 TITLE 30—MINERAL LANDS AND MINING § 826 coal mine covered by the mine rescue team; and (DD) are available at the mine within one hour ground travel time from the mine rescue station. (II)(aa) For the purpose of complying with subclause (I), an operator shall employ one team that is either an individual mine site mine rescue team or a composite team as pro- vided for in item (bb)(BB). (bb) The following options may be used by an operator to comply with the requirements of item (aa): (AA) An individual mine-site mine rescue team. (BB) A multi-employer composite team that is made up of team members who are knowledgeable about the operations and ventilation of the covered mines and who train on a semi-annual basis at the covered underground coal mine— (aaa) which provides coverage for mul- tiple operators that have team members which include at least two active employ- ees from each of the covered mines; (bbb) which provides coverage for mul- tiple mines owned by the same operator which members include at least two active employees from each mine; or (ccc) which is a State-sponsored mine rescue team comprised of at least two ac- tive employees from each of the covered mines. (CC) A commercial mine rescue team pro- vided by contract through a third-party ven- dor or mine rescue team provided by another coal company, if such team— (aaa) trains on a quarterly basis at cov- ered underground coal mines; (bbb) is knowledgeable about the oper- ations and ventilation of the covered mines; and (ccc) is comprised of individuals with a minimum of 3 years underground coal mine experience that shall have occurred within the 10-year period preceding their employment on the contract mine rescue team. (DD) A State-sponsored team made up of State employees. (iv) That the operator of each underground coal mine with 36 or less employees shall— (I) have an employee on each shift who is knowledgeable in mine emergency responses; and (II) 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 semi-annually in mine rescue training at the underground coal mine covered by the mine rescue team; (dd) are available at the mine within one hour ground travel time from the mine rescue station; (ee) are knowledgeable about the oper- ations and ventilation of the covered mines; and (ff) are comprised of individuals with a minimum of 3 years underground coal mine experience that shall have occurred within the 10-year period preceding their employment on the contract mine rescue team. (Pub. L. 91–173, title I, § 115, as added Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1315; amended Pub. L. 109–236, § 4, June 15, 2006, 120 Stat. 497.) Editorial Notes REFERENCES IN TEXT For the effective date of the Federal Mine Safety and Health Amendments Act of 1977, referred to in subsecs. (a) and (e)(1), see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under sec- tion 801 of this title. This chapter, referred to in subsec. (a)(1), (2), 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 2006—Subsec. (e). Pub. L. 109–236 designated existing provisions as par. (1) and added par. (2). 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. § 826. Limitation on certain liability for rescue operations (a) In general No person shall bring an action against any covered individual or his or her regular em- ployer for property damage or an injury (or death) sustained as a result of carrying out ac- tivities relating to mine accident rescue or re- covery operations. This subsection shall not apply where the action that is alleged to result in the property damages or injury (or death) was the result of gross negligence, reckless conduct, or illegal conduct or, where the regular em- ployer (as such term is used in this chapter) is the operator of the mine at which the rescue ac- tivity takes place. Nothing in this section shall be construed to preempt State workers’ com- pensation laws. (b) Covered individual For purposes of subsection (a), the term ‘‘cov- ered individual’’ means an individual— (1) who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and (2) who is carrying out activities relating to mine accident rescue or recovery operations. (c) Regular employer For purposes of subsection (a), the term ‘‘reg- ular employer’’ means the entity that is the covered employee’s legal or statutory employer pursuant to applicable State law. (Pub. L. 91–173, title I, § 116, as added Pub. L. 109–236, § 3, June 15, 2006, 120 Stat. 496.) Page 153 TITLE 30—MINERAL LANDS AND MINING § 842 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. SUBCHAPTER II—INTERIM MANDATORY HEALTH STANDARDS § 841. Mandatory health standards for under- ground mines; enforcement; review; purpose (a) The provisions of sections 842 through 846 of this title and the applicable provisions of sec- tion 878 of this title shall be interim mandatory health standards applicable to all underground coal mines until superseded in whole or in part by improved mandatory health standards pro- mulgated by the Secretary under the provisions of section 811 of this title, and shall be enforced in the same manner and to the same extent as any mandatory health standard promulgated under the provisions of section 811 of this title. Any orders issued in the enforcement of the in- terim standards set forth in this subchapter shall be subject to review as provided in sub- chapter I of this chapter. (b) Among other things, it is the purpose of this subchapter to provide, to the greatest ex- tent possible, that the working conditions in each underground coal mine are sufficiently free of respirable dust concentrations in the mine at- mosphere to permit each miner the opportunity to work underground during the period of his en- tire adult working life without incurring any disability from pneumoconiosis or any other oc- cupation-related disease during or at the end of such period. (Pub. L. 91–173, title II, § 201, Dec. 30, 1969, 83 Stat. 760.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section operative six months after Dec. 30, 1969, ex- cept to the extent an earlier date is specifically pro- vided 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. § 842. Dust concentration and respiratory equip- ment (a) Samples; procedures; transmittal; notice of excess concentration; periodic reports to Sec- retary; contents Each operator of a coal mine shall take accu- rate samples of the amount of respirable dust in the mine atmosphere to which each miner in the active workings of such mine is exposed. Such samples shall be taken by any device approved by the Secretary and the Secretary of Health and Human Services and in accordance with such methods, at such locations, at such inter- vals, and in such manner as the Secretaries shall prescribe in the Federal Register within sixty days from December 30, 1969 and from time to time thereafter. Such samples shall be trans- mitted to the Secretary in a manner established by him, and analyzed and recorded by him in a manner that will assure application of the provi- sions of section 814(i) of this title when the ap- plicable limit on the concentration of respirable dust required to be maintained under this sec- tion is exceeded. The results of such samples shall also be made available to the operator. Each operator shall report and certify to the Secretary at such intervals as the Secretary may require as to the conditions in the active workings of the coal mine, including, but not limited to, the average number of working hours worked during each shift, the quantity and ve- locity of air regularly reaching the working faces, the method of mining, the amount and pressure of the water, if any, reaching the work- ing faces, and the number, location, and type of sprays, if any, used. (b) Standards; noncompliance permit; renewal; procedures; limitations; extension period Except as otherwise provided in this sub- section— (1) Effective on the operative date of this subchapter, each operator shall continuously maintain the average concentration of res- pirable dust in the mine atmosphere during each shift to which each miner in the active workings of such mine is exposed at or below 3.0 milligrams of respirable dust per cubic meter of air. (2) Effective three years after December 30, 1969, each operator shall continuously main- tain the average concentration of respirable dust in the mine atmosphere during each shift to which each miner in the active workings of such mine is exposed at or below 2.0 milli- grams of respirable dust per cubic meter of air. (3) Any operator who determines that he will be unable, using available technology, to com- ply with the provisions of paragraph (1) of this subsection, or the provisions of paragraph (2) of this subsection, as appropriate, may file with the Panel, no later than sixty days prior to the effective date of the applicable res- pirable dust standard established by such paragraphs, an application for a permit for noncompliance. If, in the case of an applica- tion for a permit for noncompliance with the 3.0 milligram standard established by para- graph (1) of this subsection, the application satisfies the requirements of subsection (c) of this section, the Panel shall issue a permit for noncompliance to the operator. If, in the case of an application for a permit for noncompli- ance with the 2.0 milligram standard estab- lished by paragraph (2) of this subsection, the application satisfies the requirements of sub- section (c) of this section and the Panel deter- mines that the applicant will be unable to comply with such standard, the Panel shall issue to the operator a permit for noncompli- ance. (4) In any case in which an operator, who has been issued a permit (including a renewal per- mit) for noncompliance under this section, de- termines, not more than ninety days prior to the expiration date of such permit, that he still is unable to comply with the standard es- tablished by paragraph (1) of this subsection or