§ 954. — Appointment of administrative personnel and inspectors; qualifications; training programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC954]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER V--ADMINISTRATIVE PROVISIONS
Sec. 954. Appointment of administrative personnel and
inspectors; qualifications; training programs
The Secretary may, subject to the civil service laws, appoint such
employees as he deems requisite for the administration of this chapter
and prescribe their duties. Persons appointed as authorized
representatives of the Secretary shall be qualified by practical
experience in mining or by experience as a practical mining engineer or
by education: Provided, however, That, to the maximum extent feasible,
in the selection of persons for appointment as mine inspectors, no
person shall be so selected unless he has the basic qualification of at
least five years practical mining experience and in assigning mine
inspectors to the inspection and investigation of individual mines, due
consideration shall be given to the extent possible to their previous
experience in the particular type of mining operation where such
inspections are to be made. Persons appointed to assist such
representatives in the taking of samples of respirable dust for the
purpose of enforcing subchapter II of this chapter shall be qualified by
training, experience, or education. The provisions of section 201 of the
Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270) shall
not apply with respect to the appointment of such authorized
representatives of the Secretary or to persons appointed to assist such
representatives and to carry out the provisions of this chapter, and, in
applying the provisions of such section to other agencies under the
Secretary and to other agencies of the Government, such appointed
persons shall not be taken into account. Such persons shall be
adequately trained by the Secretary. The Secretary shall develop
programs with educational institutions and operators designed to enable
persons to qualify for positions in the administration of this chapter.
In selecting persons and training and retraining persons to carry out
the provisions of this chapter, the Secretary shall work with
appropriate educational institutions, operators, and representatives of
miners in developing and maintaining adequate programs for the training
and continuing education of persons, particularly inspectors, and where
appropriate, the Secretary shall cooperate with such institutions in
carrying out the provisions of this section by providing financial and
technical assistance to such institutions.
(Pub. L. 91-173, title V, Sec. 505, Dec. 30, 1969, 83 Stat. 802; Pub. L.
95-164, title III, Sec. 303(d), Nov. 9, 1977, 91 Stat. 1320.)
References in Text
The civil service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5, Government Organization and Employees.
Section 201 of the Revenue and Expenditure Control Act of 1968 (82
Stat. 251, 270), referred to in text, is section 201 of Pub. L. 90-364,
title II, June 28, 1968, 82 Stat. 270, which was set out as a note under
section 3101 of Title 5 and was repealed by Pub. L. 91-47, title V,
Sec. 503, July 22, 1969, 83 Stat. 83.
Amendments
1977--Pub. L. 95-164 substituted ``practical experience in mining''
for ``practical experience in the mining of coal'' and inserted
provision requiring that mine inspectors, to the maximum feasible
extent, be persons with at least five years practical mining experience
and that in assigning inspectors due consideration be given to previous
experience in the particular type mining operations where inspections
are to be made.
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.
Number of Inspectors
Section 304 of Pub. L. 95-164 provided that: ``Nothing contained in
this Act [see Short Title of 1977 Amendment note under section 801 of
this title] or any amendment made by this Act shall be construed to
reduce the number of inspectors engaged in enforcement of the Federal
Coal Mine Health and Safety Act of 1969 [this chapter] and the Federal
Metal and Nonmetallic Mine Safety Act [section 721 et seq. of this
title] as in effect prior to the effective date of this Act [120 days
after Nov. 9, 1977] or to reduce the number of inspectors engaged in the
enforcement of the Occupational Safety and Health Act of 1970 [section
651 et seq. of Title 29, Labor].''
Section Referred to in Other Sections
This section is referred to in section 952 of this title.
