§ 846. — Noise standards; promulgation of new standards; tests; procedures; protective devices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC846]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER II--INTERIM MANDATORY HEALTH STANDARDS
Sec. 846. Noise standards; promulgation of new standards; tests;
procedures; protective devices
On and after the operative date of this subchapter, the standards on
noise prescribed under the Walsh-Healey Public Contracts Act, as amended
[41 U.S.C. 35 et seq.], 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 maximum noise exposure levels for all underground
coal mines. Beginning six months after the operative date of this
subchapter, and at intervals of at least every six months thereafter,
the operator of each coal mine shall conduct, in a manner prescribed by
the Secretary of Health and Human Services, tests by a qualified person
of the noise level at the mine and report and certify the results to the
Secretary and the Secretary of Health and Human Services. In meeting
such standard under this section, the operator shall not require the use
of any protective device or system, including personal devices, which
the Secretary or his authorized representative finds to be hazardous or
cause a hazard to the miners in such mine.
(Pub. L. 91-173, title II, Sec. 206, Dec. 30, 1969, 83 Stat. 765; Pub.
L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
For the operative date of this subchapter, referred to in text, see
section 509 of Pub. L. 91-173, set out as an Effective Date note under
section 801 of this title.
The Walsh-Healey Public Contracts Act, as amended, referred to in
text, probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as
amended, known as the Walsh-Healey Act, which is classified generally to
sections 35 to 45 of Title 41, Public Contracts. For complete
classification of this Act to the Code, see Short Title note set out
under section 35 of Title 41 and Tables. See also section 262 of Title
29, Labor.
Change of Name
``Secretary of Health and Human Services'' substituted 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, Education.
Section Referred to in Other Sections
This section is referred to in section 841 of this title.
