30 U.S.C. § 845 — Dust standards in presence of quartz

Page 156 TITLE 30—MINERAL LANDS AND MINING § 844 stitution. The operator of the mine shall reim- burse the Secretary of Health and Human Serv- ices, or such person, agency, or institution, as the case may be, for the cost of conducting each examination or test made, in accordance with this subchapter, and shall pay whatever other costs are necessary to enable the miner to take such examinations or tests. (d) Autopsies If the death of any active miner occurs in any coal mine, or if the death of any active or inac- tive miner occurs in any other place, the Sec- retary of Health and Human Services is author- ized to provide for an autopsy to be performed on such miner, with the consent of his surviving widow or, if he has no such widow, then with the consent of his surviving next of kin. The results of such autopsy shall be submitted to the Sec- retary of Health and Human Services and, with the consent of such survivor, to the miner’s phy- sician or other interested person. Such autopsy shall be paid for by the Secretary of Health and Human Services. (Pub. L. 91–173, title II, § 203, Dec. 30, 1969, 83 Stat. 763; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) 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. For operative date of this subchapter, referred to in subsec. (b)(1), see section 509 of Pub. L. 91–173, set out as an Effective Date note under section 801 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Edu- cation. 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. § 844. Rock dust and gas hazards; controls The dust resulting from drilling in rock shall be controlled by the use of permissible dust col- lectors, or by water or water with a wetting agent, or by ventilation, or by any other method or device approved by the Secretary which is at least as effective in controlling such dust. Res- piratory equipment approved by the Secretary and the Secretary of Health and Human Services shall be provided persons exposed for short peri- ods to inhalation hazards from gas, dusts, fumes, or mist. When the exposure is for prolonged peri- ods, other measures to protect such persons or to reduce the hazard shall be taken. (Pub. L. 91–173, title II, § 204, Dec. 30, 1969, 83 Stat. 764; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Edu- cation. 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. § 845. Dust standards in presence of quartz In coal mining operations where the con- centration of respirable dust in the mine atmos- phere of any working place contains more than 5 per centum quartz, the Secretary of Health and Human Services shall prescribe an appro- priate formula for determining the applicable respirable dust standard under this subchapter for such working place and the Secretary shall apply such formula in carrying out his duties under this subchapter. (Pub. L. 91–173, title II, § 205, Dec. 30, 1969, 83 Stat. 765; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Edu- cation. 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. § 846. Noise standards; promulgation of new standards; tests; procedures; protective de- vices On and after the operative date of this sub- chapter, the standards on noise prescribed under chapter 65 of title 41, in effect October 1, 1969, shall be applicable to each coal mine and each operator of such mine shall comply with them. Within six months after December 30, 1969, the Secretary of Health and Human Services shall establish, and the Secretary shall publish, as provided in section 811 of this title, proposed mandatory health standards establishing max- imum noise exposure levels for all underground coal mines. Beginning six months after the oper- ative date of this subchapter, and at intervals of at least every six months thereafter, the oper- ator of each coal mine shall conduct, in a man- ner prescribed by the Secretary of Health and Human Services, tests by a qualified person of the noise level at the mine and report and cer- tify the results to the Secretary and the Sec- retary of Health and Human Services. In meet- ing such standard under this section, the oper- ator shall not require the use of any protective device or system, including personal devices, which the Secretary or his authorized represent-