§ 813. — Inspections, investigations, and recordkeeping.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC813]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 813. Inspections, investigations, and recordkeeping
(a) Purposes; advance notice; frequency; guidelines; right of access
Authorized representatives of the Secretary or the Secretary of
Health and Human Services shall make frequent inspections and
investigations in coal or other mines each year for the purpose of (1)
obtaining, utilizing, and disseminating 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 information with respect to mandatory health or safety
standards, (3) determining whether an imminent danger exists, and (4)
determining whether there is compliance with the mandatory health or
safety standards or with any citation, order, or decision issued under
this subchapter or other requirements of this chapter. In carrying out
the requirements of this subsection, no advance notice of an inspection
shall be provided to any person, except that in carrying out the
requirements of clauses (1) and (2) of this subsection, the Secretary of
Health and Human Services may give advance notice of inspections. In
carrying out the requirements of clauses (3) and (4) of this subsection,
the Secretary shall make inspections of each underground 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 criteria 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 authorized 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
Secretary may, after notice, hold public hearings, and may sign and
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer
oaths. Witnesses summoned 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 person 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 Secretary, 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 materials or harmful physical
agents; undue exposure
The Secretary, in cooperation with the Secretary of Health and Human
Services, shall issue regulations requiring operators to maintain
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 opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such regulations
shall also make appropriate provisions for each miner or former miner to
have access to such records as will indicate his own exposure 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 concentrations or at levels which exceed
those prescribed by an applicable mandatory health or safety standard
promulgated under section 811 of this title, or mandated under
subchapter II of this chapter, and shall inform any miner who is being
thus exposed 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 accidents and investigations shall be kept and the information
shall be made available to the Secretary 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 burden upon operators,
especially those operating small businesses, consistent with the
underlying purposes of this chapter. Unnecessary duplication of effort
in obtaining information shall be reduced to the maximum extent
feasible.
(f) Participation of representatives of operators and miners in
inspections
Subject to regulations issued by the Secretary, a representative of
the operator and a representative authorized by his miners shall be
given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any coal or other mine
made pursuant to the provisions of subsection (a) of this section, for
the purpose of aiding such inspection and to participate in pre- or
post-inspection conferences held at the mine. Where there is no
authorized miner representative, the Secretary or his authorized
representative shall consult with a reasonable number of miners
concerning matters of health and safety in such mine. Such
representative of miners who is also an employee of the operator shall
suffer no loss of pay during the period of his participation in the
inspection made under this subsection. To the extent that the Secretary
or authorized representative of the Secretary determines that more than
one representative from each party would further aid the inspection, he
can permit each party to have an equal number of such additional
representatives. However, only one such representative of miners who is
an employee of the operator shall be entitled to suffer no loss of pay
during the period of such participation under the provisions of this
subsection. Compliance with this subsection shall not be a
jurisdictional prerequisite to the enforcement of any provision of this
chapter.
(g) Immediate inspection; notice of violation or danger; determination
(1) Whenever a repersentative \1\ of the miners or a miner in the
case of a coal or other mine where there is no such representative has
reasonable grounds to believe that a violation of this chapter or a
mandatory health or safety standard exists, or an imminent danger
exists, such miner or representative shall have a right to obtain an
immediate inspection by giving notice to the Secretary or his authorized
representative of such violation or danger. Any such notice shall be
reduced to writing, signed by the representative of the miners or by the
miner, and a copy shall be provided the operator or his agent no later
than at the time of inspection, except that the operator or his agent
shall be notified forthwith if the complaint indicates that an imminent
danger exists. The name of the person giving such notice and the names
of individual miners referred to therein shall not appear in such copy
or notification. Upon receipt of such notification, a special inspection
shall be made as soon as possible to determine if such violation or
danger exists in accordance with the provisions of this subchapter. If
the Secretary determines that a violation or danger does not exist, he
shall notify the miner or representative of the miners in writing of
such determination.
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\1\ So in original. Probably should be ``representative''.
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(2) Prior to or during any inspection of a coal or other mine, any
representative of miners or a miner in the case of a coal or other mine
where there is no such representative, may notify the Secretary or any
representative of the Secretary responsible for conducting the
inspection, in writing, of any violation of this chapter or of any
imminent danger which he has reason to believe exists in such mine. The
Secretary shall, by regulation, establish procedures for informal review
of any refusal by a representative of the Secretary to issue a citation
with respect to any such alleged violation or order with respect to such
danger and shall furnish the representative of miners or miner
requesting such review a written statement of the reasons for the
Secretary's final disposition of the case.
(h) Records and reports; compilation and publication; availability
In addition to such records as are specifically required by this
chapter, every operator of a coal or other mine shall establish and
maintain such records, make such reports, and provide such information,
as the Secretary or the Secretary of Health and Human Services may
reasonably require from time to time to enable him to perform his
functions under this chapter. The Secretary or the Secretary of Health
and Human Services is authorized to compile, analyze, and publish,
either in summary or detailed form, such reports or information so
obtained. Except to the extent otherwise specifically provided by this
chapter, all records, information, reports, findings, citations,
notices, orders, or decisions required or issued pursuant to or under
this chapter may be published from time to time, may be released to any
interested person, and shall be made available for public inspection.
(i) Spot inspections
Whenever the Secretary finds that a coal or other mine liberates
excessive quantities of methane or other explosive gases during its
operations, or that a methane or other gas ignition or explosion has
occurred in such mine which resulted in death or serious injury at any
time during the previous five years, or that there exists in such mine
some other especially hazardous condition, he shall provide a minimum of
one spot inspection by his authorized representative of all or part of
such mine during every five working days at irregular intervals. For
purposes of this subsection, ``liberation of excessive quantities of
methane or other explosive gases'' shall mean liberation of more than
one million cubic feet of methane or other explosive gases during a 24-
hour period. When the Secretary finds that a coal or other mine
liberates more than five hundred thousand cubic feet of methane or other
explosive gases during a 24-hour period, he shall provide a minimum of
one spot inspection by his authorized representative of all or part of
such mine every 10 working days at irregular intervals. When the
Secretary finds that a coal or other mine liberates more than two
hundred thousand cubic feet of methane or other explosive gases during a
24-hour period, he shall provide a minimum of one spot inspection by his
authorized representative of all or part of such mine every 15 working
days at irregular intervals.
(j) Accident notification; rescue and recovery activities
In the event of any accident occurring in any coal or other mine,
the operator shall notify the Secretary thereof and shall take
appropriate measures to prevent the destruction of any evidence which
would assist in investigating the cause or causes thereof. In the event
of any accident occurring in a coal or other mine, where rescue and
recovery work is necessary, the Secretary or an authorized
representative of the Secretary shall take whatever action he deems
appropriate to protect the life of any person, and he may, if he deems
it appropriate, supervise and direct the rescue and recovery activities
in such mine.
(k) Safety orders; recovery plans
In the event of any accident occurring in a coal or other mine, an
authorized representative of the Secretary, when present, may issue such
orders as he deems appropriate to insure the safety of any person in the
coal or other mine, and the operator of such mine shall obtain the
approval of such representative, in consultation with appropriate State
representatives, when feasible, of any plan to recover any person in
such mine or to recover the coal or other mine or return affected areas
of such mine to normal.
(Pub. L. 91-173, title I, Sec. 103, Dec. 30, 1969, 83 Stat. 749; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1297; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Amendments
1977--Subsec. (a). Pub. L. 95-164 inserted provisions authorizing
representatives of the Secretary of Health, Education, and Welfare to
make inspections, expanded the area of inspection and investigation to
include mines other than coal mines, inserted provisions requiring the
inspection of surface mines at least two times a year, inserted
provisions requiring the development of guidelines for additional
inspections of mines, and inserted provisions, formerly contained in
subsec. (b), authorizing the entry to, upon, or through, any coal or
other mine for the purpose of making inspection or investigation.
Subsec. (b). Pub. L. 95-164 redesignated subsec. (d) as (b) and
substituted ``coal or other mine'' for ``coal mine''. Provisions of
former subsec. (b) were incorporated into subsec. (a).
Subsecs. (c) to (e). Pub. L. 95-164 added subsecs. (c) to (e),
struck out former subsec. (c) which provided for the utilization of
facilities and personnel of other Federal agencies, and redesignated
former subsecs. (d) and (e) as (b) and (j), respectively.
Subsec. (f). Pub. L. 95-164 redesignated subsec. (h) as (f),
inserted provision for a representative of the operator to accompany the
Secretary or his representative in the physical inspection of a mine,
extended the provisions to cover mines other than coal mines, and
inserted provisions relating to the choice of the authorized
representative of the miners, the representative's duties, and the
choice of more than one representative. Former subsec. (f) redesignated
(k).
Subsec. (g). Pub. L. 95-164 designated existing provisions as par.
(1), inserted provisions to par. (1) as so designated which extended the
right to an immediate inspection to individual miners when there is no
representative of the miners, provided for immediate notification to the
mine operator or his agent if the complaint indicates that the danger is
imminent, kept the name of the person giving the notice and the names of
the individual miners off the copy or notification, and required the
Secretary to notify the miners or their representatives if he determines
that a violation or danger does not exist, and added par. (2).
Subsec. (h). Pub. L. 95-164 added subsec. (h). The provisions of
former subsec. (h), relating to the right of the miners' representative
to accompany the authorized representative of the Secretary on the
inspection, were incorporated into subsec. (f).
Subsec. (i). Pub. L. 95-164 inserted definition of ``liberation of
excessive quantities of methane or other explosive gases'' and inserted
provisions for a reduced schedule of one spot inspections in mines with
liberation rates for methane or other explosive gases lower than that
required to qualify as ``excessive''.
Subsecs. (j), (k). Pub. L. 95-164 redesignated former subsecs. (e)
and (f) as (j) and (k), respectively.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (a), (c),
(e), and (h) 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.
Section Referred to in Other Sections
This section is referred to in sections 814, 821 of this title.
