§ 821. — Entitlement of miners to full compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC821]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 821. Entitlement of miners to full compensation
If a coal or other mine or area of such mine is closed by an order
issued under section 813 of this title, section 814 of this title, or
section 817 of this title, all miners working during the shift when such
order was issued who are idled by such order shall be entitled,
regardless of the result of any review of such order, to full
compensation by the operator at their regular rates of pay for the
period they are idled, but for not more than the balance of such shift.
If such order is not terminated prior to the next working shift, all
miners on that shift who are idled by such order shall be entitled to
full compensation by the operator at their regular rates of pay for the
period they are idled, but for not more than four hours of such shift.
If a coal or other mine or area of such mine is closed by an order
issued under section 814 of this title or section 817 of this title for
a failure of the operator to comply with any mandatory health or safety
standards, all miners who are idled due to such order shall be fully
compensated after all interested parties are given an opportunity for a
public hearing, which shall be expedited in such cases, and after such
order is final, by the operator for lost time at their regular rates of
pay for such time as the miners are idled by such closing, or for one
week, whichever is the lesser. Whenever an operator violates or fails or
refuses to comply with any order issued under section 813 of this title,
section 814 of this title, or section 817 of this title, all miners
employed at the affected mine who would have been withdrawn from, or
prevented from entering, such mine or area thereof as a result of such
order shall be entitled to full compensation by the operator at their
regular rates of pay, in addition to pay received for work performed
after such order was issued, for the period beginning when such order
was issued and ending when such order is complied with, vacated, or
terminated. The Commission shall have authority to order compensation
due under this section upon the filing of a complaint by a miner or his
representative and after opportunity for hearing subject to section 554
of title 5.
(Pub. L. 91-173, title I, Sec. 111, Dec. 30, 1969, 83 Stat. 759; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1312.)
Amendments
1977--Pub. L. 95-164 substituted provisions relating to the
entitlement of miners to their full compensation when they are idled as
the result of the operation of this chapter for provisions relating to
the maintenance of records, which provisions, as revised, were
transferred to section 813 of this title.
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.
