30 U.S.C. § 801

Congressional findings and declaration of purpose

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Congress declares that—(a) the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource—the miner;(b) deaths and serious injuries from unsafe and unhealthful conditions and practices in the coal or other mines cause grief and suffering to the miners and to their families;(c) there is an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation’s coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines;(d) the existence of unsafe and unhealthful conditions and practices in the Nation’s coal or other mines is a serious impediment to the future growth of the coal or other mining industry and cannot be tolerated;(e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions and practices in such mines;(f) the disruption of production and the loss of income to operators and miners as a result of coal or other mine accidents or occupationally caused diseases unduly impedes and burdens commerce; and(g) it is the purpose of this chapter (1) to establish interim mandatory health and safety standards and to direct the Secretary of Health and Human Services and the Secretary of Labor to develop and promulgate improved mandatory health or safety standards to protect the health and safety of the Nation’s coal or other miners; (2) to require that each operator of a coal or other mine and every miner in such mine comply with such standards; (3) to cooperate with, and provide assistance to, the States in the development and enforcement of effective State coal or other mine health and safety programs; and (4) to improve and expand, in cooperation with the States and the coal or other mining industry, research and development and training programs aimed at preventing coal or other mine accidents and occupationally caused diseases in the industry.(Pub. L. 91–173, § 2, Dec. 30, 1969, 83 Stat. 742; Pub. L. 95–164, title I, § 102(a), Nov. 9, 1977, 91 Stat. 1290; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

This chapter, referred to in par. (g), was in the original “this Act”, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

1977—Pars. (a) to (d), (f). Pub. L. 95–164, § 102(a)(1), inserted “or other” after “coal” wherever appearing.

Par. (g). Pub. L. 95–164, § 102(a)(1), (2), inserted “or other” after “coal” wherever appearing and substituted “Secretary of Labor” for “Secretary of the Interior”.

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (g) 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

Pub. L. 95–164, title III, § 307, Nov. 9, 1977, 91 Stat. 1322, provided that: “Except as otherwise provided, this Act and the amendments made by this Act [see Short Title of 1977 Amendment note below] shall take effect 120 days after the date of enactment of this Act [Nov. 9, 1977]. The Secretary of Labor and the Secretary of the Interior are authorized to establish such rules and regulations as may be necessary for the efficient transfer of functions provided under this Act. The amendment to the Federal Coal Mine Health and Safety Act of 1969 made by section 202 of this Act [amending section 842(e) of this title and repealing subsec. (k) of section 878 of this title] shall be effective on the date of enactment [Nov. 9, 1977].”

Effective Date

Pub. L. 91–173, title V, § 509, Dec. 30, 1969, 83 Stat. 803, provided that: “Except to the extent an earlier date is specifically provided in this Act [see Short Title note below], the provisions of titles I and III of this Act [subchapters I and III of this chapter] shall become operative ninety days after the date of enactment of this Act [Dec. 30, 1969], and the provisions of title II of this Act [subchapter II of this chapter] shall become operative six months after the date of enactment of this Act. The provisions of the Federal Coal Mine Safety Act, as amended [section 451 et seq. of this title], are repealed on the operative date of titles I and III of this Act except that such provisions shall continue to apply to any order, notice, decision, or finding issued under that Act prior to such operative date and to any proceedings related to such order, notice, decision or findings. All other provisions of this Act, shall be effective on the date of enactment of this Act [Dec. 30, 1969].”

Short Title of 2006 Amendment

Pub. L. 109–236, § 1, June 15, 2006, 120 Stat. 493, provided that: “This Act [enacting sections 826 and 963 to 965 of this title, amending sections 813, 818, 820, 825, and 876 of this title and section 671 of Title 29, Labor, and enacting provisions set out as notes under this section and sections 811 and 820 of this title] may be cited as the ‘Mine Improvement and New Emergency Response Act of 2006’ or the ‘MINER Act’.”

Short Title of 2002 Amendment

Pub. L. 107–275, § 1, Nov. 2, 2002, 116 Stat. 1925, provided that: “This Act [amending sections 902, 921 to 924, 925, 932a, and 936 of this title, repealing sections 904, 924a, and 945 of this title, and enacting provisions set out as notes under sections 902 and 921 of this title] may be cited as the ‘Black Lung Consolidation of Administrative Responsibility Act’.”

Short Title of 1981 Amendment

Pub. L. 97–119, title II, § 201(a), Dec. 29, 1981, 95 Stat. 1643, provided that: “This title [amending sections 901, 902, 921 to 923, 932, and 940 of this title and enacting provisions set out as notes under section 901 of this title] may be cited as the ‘Black Lung Benefits Amendments of 1981’.”

Short Title of 1978 Amendment

Pub. L. 95–239, § 1, Mar. 1, 1978, 92 Stat. 95, provided that: “This Act [enacting sections 903, 904, 924a, and 942 to 945 of this title, amending sections 901, 902, 921 to 924, 931, 932, 933, 937, 940, and 941 of this title, and enacting provisions set out as notes under sections 901, 932a, and 934a of this title, section 4121 of Title 26, Internal Revenue Code, and section 675 of Title 29, Labor] may be cited as the ‘Black Lung Benefits Reform Act of 1977’.”

Short Title of 1977 Amendment

Pub. L. 95–164, § 1, Nov. 9, 1977, 91 Stat. 1290, provided: “That this Act [enacting sections 822 to 825 and 961 of this title and section 557a of Title 29, Labor, amending this section, sections 802 to 804, 811 to 821, 842, 861, 878, 951 to 955, 958, and 959 of this title, and sections 5314 and 5315 of Title 5, Government Organization and Employees, repealing sections 721 to 740 of this title and section 1456a of Title 43, Public Lands, and enacting provisions set out as notes under this section, section 954 of this title and section 11 of former Title 31, Money and Finance] may be cited as the ‘Federal Mine Safety and Health Amendments Act of 1977’.”

Short Title of 1972 Amendment

Pub. L. 92–303, § 1(a), May 19, 1972, 86 Stat. 150, provided: “That this Act [enacting sections 925 and 937 to 941 of this title, amending sections 901, 902, 921 to 924, 931, 932, 933, 934, and 936 of this title, and enacting provisions set out as notes under sections 921 to 923 of this title] may be cited as the ‘Black Lung Benefits Act of 1972’.”

Short Title

Pub. L. 91–173, § 1, Dec. 30, 1969, 83 Stat. 742, as amended by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, provided: “That this Act [which was known as the Federal Coal Mine Health and Safety Act of 1969 prior to the amendment by Pub. L. 95–164 and which enacted this chapter, amended sections 633 and 636 of Title 15, Commerce and Trade, repealed sections 451 to 460 and 471 to 483 of this title, and enacted provisions set out as notes under this section and section 636 of Title 15] may be cited as the ‘Federal Mine Safety and Health Act of 1977’.”

For short title of subchapter IV of this chapter as the “Black Lung Benefits Act”, see section 901(b) of this title.

Separability

Pub. L. 91–173, title V, § 510, Dec. 30, 1969, 83 Stat. 803, provided that: “If any provision of this Act [see Short Title note set out above], or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.”

Requirement Concerning Family Liaisons

Pub. L. 109–236, § 7, June 15, 2006, 120 Stat. 500, provided that: “The Secretary of Labor shall establish a policy that—“(1) requires the temporary assignment of an individual Department of Labor official to be a liaison between the Department and the families of victims of mine tragedies involving multiple deaths;“(2) requires the Mine Safety and Health Administration to be as responsive as possible to requests from the families of mine accident victims for information relating to mine accidents; and“(3) requires that in such accidents, that the Mine Safety and Health Administration shall serve as the primary communicator with the operator, miners’ families, the press and the public.”

Notes of Decisions

Cited in 367 cases (20 in the last 5 years), 1972–2026 · leading case: Donovan v. Dewey, 452 U.S. 594 (1981).

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Donovan v. Dewey, 452 U.S. 594 (1981). · cites it 8× “1290 , 30 U. S. C. § 801 et seq. (1976 ed. and Supp.”

Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994). · cites it 6× “1290 , as amended, 30 U. S. C. § 801 et seq. (1988 ed. and Supp.”

Speed Mining, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 528 F.3d 310 (4th Cir. 2008). · cites it 6× “Congress enacted the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 - *312 964 (the “Mine Act”), in order to protect the mining industry’s “most precious resource — the miner.”

United Steel v. Mine Saf. & Health Admin., 925 F.3d 1279 (D.C. Cir. 2019). · cites it 2× “742 (codified as amended at 30 U.S.C. §§ 801 et seq.) (Mine Act), directs the Labor Secretary to “develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines.”

New York v. Burger, 482 U.S. 691 (1987). · cites it 2× “1290 , 30 U. S. C. § 801 et seq., proper because they were of a "closely regulated" industry.”

D'Angelo v. Gardner, 819 P.2d 206 (Nev. 1991). · cites it 4× “[12] Appellant has raised as an issue on this appeal that Jones's public policy tort action is preempted because all mine safety issues are governed by the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1982). The trial court rejected the claim of federal…”

Repub. Steel Corp. v. Workmen's Comp. Appeal Bd., 640 A.2d 1266 (Pa. 1994). · cites it 4× “Under the Mine Safety and Health Act, 30 U.S.C.A. § 801 , et seq., retirement before becoming totally disabled by pneumoconiosis does not deprive a miner of benefits.”

Gateway Coal Co. v. United Mine Workers, 414 U.S. 368 (1974). · cites it 4× “" § 2 (a), 30 U. S. C. § 801 (a). Ease of investigating mines was insured.”

Sec'y of Labor, Mine Saf. & Health Admin. v. Nat'l Cement Co. of California, Inc., 494 F.3d 1066 (D.C. Cir. 2007). · cites it 4× “dissenting: In issuing a citation to the National Cement Company of California for failing to install berms or guardrails along its access road, the Secretary of Labor relied on the jurisdiction of the Mine Safety and Health Administration under the plain text of the definition…”

Nat'l Mining Ass'n v. Sec'y, U.S. Dep't of Labor, 812 F.3d 843 (11th Cir. 2016). · cites it 4× “95-164, codified as amended at 30 U.S.C. § 801 et seq. Specifically, the petitioners submit that, on many of the subjects covered by the rule, MSHA is required to act in concert with the Secretary of Health and Human Services (“HHS”) and her designee, the National Institute for .”

Mullins Coal Co. of Va. v. Dir., Off. of Workers' Comp. Programs, 484 U.S. 135 (1988). · cites it 2× “792 , 30 U. S. C. § 801 et seq., was amended by the Black Lung Benefits Act of 1972, 86 Stat.”

Knox Creek Coal Corp. v. Sec'y of Labor, 811 F.3d 148 (4th Cir. 2016). · cites it 3× “” 30 U.S.C. § 801 (c). The Act directs the Secretary to promulgate mandatory safety and health standards for the nation’s mines.”

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— 30 U.S.C. § 801(c) — 1 case

Int'l Union, United Mine Workers v. Kleppe, 532 F.2d 1403 (D.C. Cir. 1976).

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.