§ 814. — Citations and orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC814]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 814. Citations and orders
(a) Issuance and form of citations; prompt issuance
If, upon inspection or investigation, the Secretary or his
authorized representative believes that an operator of a coal or other
mine subject to this chapter has violated this chapter, or any mandatory
health or safety standard, rule, order, or regulation promulgated
pursuant to this chapter, he shall, with reasonable promptness, issue a
citation to the operator. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a
reference to the provision of the chapter, standard, rule, regulation,
or order alleged to have been violated. In addition, the citation shall
fix a reasonable time for the abatement of the violation. The
requirement for the issuance of a citation with reasonable promptness
shall not be a jurisdictional prerequisite to the enforcement of any
provision of this chapter.
(b) Follow-up inspections; findings
If, upon any follow-up inspection of a coal or other mine, an
authorized representative of the Secretary finds (1) that a violation
described in a citation issued pursuant to subsection (a) of this
section has not been totally abated within the period of time as
originally fixed therein or as subsequently extended, and (2) that the
period of time for the abatement should not be further extended, he
shall determine the extent of the area affected by the violation and
shall promptly issue an order requiring the operator of such mine or his
agent to immediately cause all persons, except those persons referred to
in subsection (c) of this section, to be withdrawn from, and to be
prohibited from entering, such area until an authorized representative
of the Secretary determines that such violation has been abated.
(c) Exempt persons
The following persons shall not be required to be withdrawn from, or
prohibited from entering, any area of the coal or other mine subject to
an order issued under this section:
(1) any person whose presence in such area is necessary, in the
judgment of the operator or an authorized representative of the
Secretary, to eliminate the condition described in the order;
(2) any public official whose official duties require him to
enter such area;
(3) any representative of the miners in such mine who is, in the
judgment of the operator or an authorized representative of the
Secretary, qualified to make such mine examinations or who is
accompanied by such a person and whose presence in such area is
necessary for the investigation of the conditions described in the
order; and
(4) any consultant to any of the foregoing.
(d) Findings of violations; withdrawal order
(1) If, upon any inspection of a coal or other mine, an authorized
representative of the Secretary finds that there has been a violation of
any mandatory health or safety standard, and if he also finds that,
while the conditions created by such violation do not cause imminent
danger, such violation is of such nature as could significantly and
substantially contribute to the cause and effect of a coal or other mine
safety or health hazard, and if he finds such violation to be caused by
an unwarrantable failure of such operator to comply with such mandatory
health or safety standards, he shall include such finding in any
citation given to the operator under this chapter. If, during the same
inspection or any subsequent inspection of such mine within 90 days
after the issuance of such citation, an authorized representative of the
Secretary finds another violation of any mandatory health or safety
standard and finds such violation to be also caused by an unwarrantable
failure of such operator to so comply, he shall forthwith issue an order
requiring the operator to cause all persons in the area affected by such
violation, except those persons referred to in subsection (c) of this
section to be withdrawn from, and to be prohibited from entering, such
area until an authorized representative of the Secretary determines that
such violation has been abated.
(2) If a withdrawal order with respect to any area in a coal or
other mine has been issued pursuant to paragraph (1), a withdrawal order
shall promptly be issued by an authorized representative of the
Secretary who finds upon any subsequent inspection the existence in such
mine of violations similar to those that resulted in the issuance of the
withdrawal order under paragraph (1) until such time as an inspection of
such mine discloses no similar violations. Following an inspection of
such mine which discloses no similar violations, the provisions of
paragraph (1) shall again be applicable to that mine.
(e) Pattern of violations; abatement; termination of pattern
(1) If an operator has a pattern of violations of mandatory health
or safety standards in the coal or other mine which are of such nature
as could have significantly and substantially contributed to the cause
and effect of coal or other mine health or safety hazards, he shall be
given written notice that such pattern exists. If, upon any inspection
within 90 days after the issuance of such notice, an authorized
representative of the Secretary finds any violation of a mandatory
health or safety standard which could significantly and substantially
contribute to the cause and effect of a coal or other mine safety or
health hazard, the authorized representative shall issue an order
requiring the operator to cause all persons in the area affected by such
violation, except those persons referred to in subsection (c) of this
section, to be withdrawn from, and to be prohibited from entering, such
area until an authorized representative of the Secretary determines that
such violation has been abated.
(2) If a withdrawal order with respect to any area in a coal or
other mine has been issued pursuant to paragraph (1), a withdrawal order
shall be issued by an authorized representative of the Secretary who
finds upon any subsequent inspection the existence in such mine of any
violation of a mandatory health or safety standard which could
significantly and substantially contribute to the cause and effect of a
coal or other mine health or safety hazard. The withdrawal order shall
remain in effect until an authorized representative of the Secretary
determines that such violation has been abated.
(3) If, upon an inspection of the entire coal or other mine, an
authorized representative of the Secretary finds no violations of
mandatory health or safety standards that could significantly and
substantially contribute to the cause and effect of a coal or other mine
health and safety hazard, the pattern of violations that resulted in the
issuance of a notice under paragraph (1) shall be deemed to be
terminated and the provisions of paragraphs (1) and (2) shall no longer
apply. However, if as a result of subsequent violations, the operator
reestablishes a pattern of violations, paragraphs (1) and (2) shall
again be applicable to such operator.
(4) The Secretary shall make such rules as he deems necessary to
establish criteria for determining when a pattern of violations of
mandatory health or safety standards exists.
(f) Respirable dust concentrations; dust control person or team
If, based upon samples taken, analyzed, and recorded pursuant to
section 842(a) of this title, or samples taken during an inspection by
an authorized representative of the Secretary, the applicable limit on
the concentration of respirable dust required to be maintained under
this chapter is exceeded and thereby violated, the Secretary or his
authorized representative shall issue a citation fixing a reasonable
time for the abatement of the violation. During such time, the operator
of the mine shall cause samples described in section 842(a) of this
title to be taken of the affected area during each production shift. If,
upon the expiration of the period of time as originally fixed or
subsequently extended, the Secretary or his authorized representative
finds that the period of time should not be further extended, he shall
determine the extent of the area affected by the violation and shall
promptly issue an order requiring the operator of such mine or his agent
to cause immediately all persons, except those referred to in subsection
(c) of this section, to be withdrawn from, and to be prohibited from
entering, such area until the Secretary or his authorized representative
has reason to believe, based on actions taken by the operator, that such
limit will be complied with upon the resumption of production in such
mine. As soon as possible after an order is issued, the Secretary, upon
request of the operator, shall dispatch to the mine involved a person,
or team of persons, to the extent such persons are available, who are
knowledgeable in the methods and means of controlling and reducing
respirable dust. Such person or team of persons shall remain at the mine
involved for such time as they shall deem appropriate to assist the
operator in reducing respirable dust concentrations. While at the mine,
such persons may require the operator to take such actions as they deem
appropriate to insure the health of any person in the coal or other
mine.
(g) Untrained miners
(1) If, upon any inspection or investigation pursuant to section 813
of this title, the Secretary or an authorized representative shall find
employed at a coal or other mine a miner who has not received the
requisite safety training as determined under section 825 of this title,
the Secretary or an authorized representative shall issue an order under
this section which declares such miner to be a hazard to himself and to
others, and requiring that such miner be immediately withdrawn from the
coal or other mine, and be prohibited from entering such mine until an
authorized representative of the Secretary determines that such miner
has received the training required by section 825 of this title.
(2) No miner who is ordered withdrawn from a coal or other mine
under paragraph (1) shall be discharged or otherwise discriminated
against because of such order; and no miner who is ordered withdrawn
from a coal or other mine under paragraph (1) shall suffer a loss of
compensation during the period necessary for such miner to receive such
training and for an authorized representative of the Secretary to
determine that such miner has received the requisite training.
(h) Duration of citations and orders
Any citation or order issued under this section shall remain in
effect until modified, terminated or vacated by the Secretary or his
authorized representative, or modified, terminated or vacated by the
Commission or the courts pursuant to section 815 or 816 of this title.
(Pub. L. 91-173, title I, Sec. 104, Dec. 30, 1969, 83 Stat. 750; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1300.)
Amendments
1977--Subsec. (a). Pub. L. 95-164 substituted provisions directing
the Secretary to issue a citation to the operator based upon the belief
of the Secretary or his authorized representative, after inspection or
investigation, that there has been a violation of this chapter or any
mandatory health or safety standard, rule, order, or regulation for
provisions that had related to the issuance of a withdrawal order upon a
finding that an imminent danger existed.
Subsec. (b). Pub. L. 95-164 substituted provisions setting out the
steps to be taken if, upon any follow-up inspection of a coal or other
mine, the authorized representative of the Secretary finds that a
citation violation has not been abated and that the time for abatement
should not be extended for provisions that had set out the steps to be
taken in the case of a violation that did not create an imminent danger.
Subsec. (c). Pub. L. 95-164 redesignated subsec. (d) as (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 95-164 redesignated subsec. (c) as (d) and
substituted reference to ``citation'' for reference to ``notice''.
Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95-164 substituted provisions relating to the
steps to be taken if an operator has a pattern of violations of
mandatory health or safety standards for provisions setting out the
requisites of notices and orders issued pursuant to this section.
Subsec. (f). Pub. L. 95-164 redesignated subsec. (i) as (f). Former
subsec. (f), relating to the delivery of notices and orders issued under
this section, was incorporated into subsec. (a).
Subsec. (g). Pub. L. 95-164 added subsec. (g). Former subsec. (g),
relating to the modification and termination of notice, was incorporated
into subsec. (h).
Subsec. (h). Pub. L. 95-164 added subsec. (h). Provisions of former
subsec. (h), which related to steps to be taken when a condition existed
which could not be abated through the use of existing technology, were
covered in the general revision of subsecs. (d) and (e).
Subsec. (i). Pub. L. 95-164 redesignated subsec. (i) as (f).
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 815, 816, 817, 820, 821,
842, 863 of this title.
