§ 818. — Injunctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC818]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 818. Injunctions
(a) Civil action by Secretary
(1) The Secretary may institute a civil action for relief, including
a permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for the
district in which a coal or other mine is located or in which the
operator of such mine has his principal office, whenever such operator
or his agent--
(A) violates or fails or refuses to comply with any order or
decision issued under this chapter,
(B) interferes with, hinders, or delays the Secretary or his
authorized representative, or the Secretary of Health and Human
Services or his authorized representative, in carrying out the
provisions of this chapter,
(C) refuses to admit such representatives to the coal or other
mine,
(D) refuses to permit the inspection of the coal or other mine,
or the investigation of an accident or occupational disease
occurring in, or connected with, such mine,
(E) refuses to furnish any information or report requested by
the Secretary or the Secretary of Health and Human Services in
furtherance of the provisions of this chapter, or
(F) refuses to permit access to, and copying of, such records as
the Secretary or the Secretary of Health and Human Services
determines necessary in carrying out the provisions of this chapter.
(2) The Secretary may institute a civil action for relief, including
permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for the
district in which the coal or other mine is located or in which the
operator of such mine has his principal office whenever the Secretary
believes that the operator of a coal or other mine is engaged in a
pattern of violation of the mandatory health or safety standards of this
chapter, which in the judgment of the Secretary constitutes a continuing
hazard to the health or safety of miners.
(b) Jurisdiction; relief; findings of Commission or Secretary
In any action brought under subsection (a) of this section, the
court shall have jurisdiction to provide such relief as may be
appropriate. In the case of an action under subsection (a)(2) of this
section, the court shall in its order require such assurance or
affirmative steps as it deems necessary to assure itself that the
protection afforded to miners under this chapter shall be provided by
the operator. Temporary restraining orders shall be issued in accordance
with rule 65 of the Federal Rules of Civil Procedure, as amended, except
that the time limit in such orders, when issued without notice, shall be
seven days from the date of entry. Except as otherwise provided herein,
any relief granted by the court to enforce any order under paragraph (1)
of subsection (a) of this section shall continue in effect until the
completion or final termination of all proceedings for review of such
order under this subchapter, unless prior thereto, the district court
granting such relief sets it aside or modifies it. In any action
instituted under this section to enforce an order or decision issued by
the Commission or the Secretary after a public hearing in accordance
with section 554 of title 5, the findings of the Commission or the
Secretary, as the case may be, if supported by substantial evidence on
the record considered as a whole, shall be conclusive.
(Pub. L. 91-173, title I, Sec. 108, Dec. 30, 1969, 83 Stat. 756; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1309; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
Rule 65 of the Federal Rules of Civil Procedure, referred to in
subsec. (b), is set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Amendments
1977--Pub. L. 95-164 redesignated existing provisions as subsecs.
(a)(1) and (b), added subsec. (a)(2), and in the redesignated provisions
inserted references to findings of the Commission, inserted requirement
that in actions brought under subsec. (a)(2) the courts require such
assurances or affirmative action as they deem necessary to assure that
the protections offered by this chapter to the miners be provided by the
operator, and struck out provisions relating to the appointment of
attorneys by the Secretary to represent him in actions under this
section.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (a)(1)(B),
(F) 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 section 815 of this title.
