30 C.F.R. § 77.1713

Daily inspection of surface coal mine; certified person; reports of inspection

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) At least once during each working shift, or more often if necessary for safety, each active working area and each active surface installation shall be examined by a certified person designated by the operator to conduct such examinations for hazardous conditions and any hazardous conditions noted during such examinations shall be reported to the operator and shall be corrected by the operator.

(b) If any hazardous condition noted during an examination conducted in accordance with paragraph (a) of this section creates an imminent danger, the person conducting such examination shall notify the operator and the operator shall withdraw all persons from the area affected, except those persons referred to in section 104(d) of the Act, until the danger is abated.

(c) After each examination conducted in accordance with the provisions of paragraph (a) of this section, each certified person who conducted all or any part of the examination required shall enter with ink or indelible pencil in a book approved by the Secretary the date and a report of the condition of the mine or any area of the mine which he has inspected together with a report of the nature and location of any hazardous condition found to be present at the mine. The book in which such entries are made shall be kept in an area at the mine designated by the operator to minimize the danger of destruction by fire or other hazard.

(d) All examination reports recorded in accordance with the provisions of paragraph (c) of this section shall include a report of the action taken to abate hazardous conditions and shall be signed or countersigned each day by at least one of the following persons:

(1) The surface mine foreman;

(2) The assistant superintendent of the mine;

(3) The superintendent of the mine;

(4) The person designated by the operator as responsible for health and safety at the mine; or,

(5) An equivalent mine official.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.)) [36 FR 9364, May 22, 1971, as amended at 60 FR 33723, June 29, 1995; 63 FR 58613, Oct. 30, 1998]

Notes of Decisions

Cited in 5 cases, 1994–2010 · leading case: Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994).

Sort: Relevance Newest Treatment

Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994). · cites it 2× “§ 819 (b), as well as copies of certain mine health and safety records available to the Secretary regarding employee exposure to toxic or other harmful agents, § 813(c), daily mine inspections, 30 CFR § 77.1713 , and plans for mine evacuation, § 77.”

Ramey v. Contractor Enter., Inc., 693 S.E.2d 789 (W. Va. 2010). · cites it 2× “[14] See 30 C.F.R. § 77.1713 . [15] While reviewing the record in this case, which is not the model of clarity, it became apparent that both parties were less than diligent in adhering to established judicial procedures.”

Rns Servs., Inc. v. Sec'y of Labor, Mine Saf. & Health Admin. (Msha), & Fed. Mine Saf. & Health Review Comm'n, 115 F.3d 182 (3rd Cir. 1997). “The citations alleged that RNS failed to record the results of the daily examination of the Site, in violation of 30 C.F.R. § 77.1713 (c), and failed to have a ground control plan for the Site, in violation of the safety standard at 30 C.”

Thunder Basin Coal Co. v. Fed. Mine Saf. & Health Review Comm'n & Sec'y of Labor, 56 F.3d 1275 (10th Cir. 1995). “§ 819 (b), as well as copies of certain mine health and safely records available to the Secretary regarding employee exposure to toxic or other harmful agents, § 813(c), daily mine inspections, 30 C.F.R. § 77.1713 , and plans for mine excavation, § 77.”

RNS Ser Inc v. Sec'y Labor (3rd Cir. 1997). “The citations alleged that RNS failed to record the results of the daily examination of the Site, in violation of 30 C.F.R. § 77.1713 (c), and failed to have a ground control plan for the Site, in violation of the safety standard at 30 C.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.