30 U.S.C. § 817

Procedures to counteract dangerous conditions

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(a) Withdrawal orders

If, upon any inspection or investigation of a coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists, such representative shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the operator of such mine to cause all persons, except those referred to in section 814(c) of this title, to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions or practices which caused such imminent danger no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under section 814 of this title or the proposing of a penalty under section 820 of this title.

(b) Notice to mine operators; further investigation; findings and decision by Secretary(1) If, upon any inspection of a coal or other mine, an authorized representative of the Secretary finds (A) that conditions exist therein which have not yet resulted in an imminent danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance cannot be provided that the continuance of mining operations under such conditions will not result in an imminent danger, he shall determine the area throughout which such conditions exist, and thereupon issue a notice to the operator of the mine or his agent of such conditions, and shall file a copy thereof, incorporating his findings therein, with the Secretary and with the representative of the miners of such mine. Upon receipt of such copy, the Secretary shall cause such further investigation to be made as he deems appropriate, including an opportunity for the operator or a representative of the miners to present information relating to such notice.(2) Upon the conclusion of an investigation pursuant to paragraph (1), and an opportunity for a public hearing upon request by any interested party, the Secretary shall make findings of fact, and shall by decision incorporating such findings therein, either cancel the notice issued under this subsection or issue an order requiring the operator of such mine to cause all persons in the area affected, except those persons referred to in subsection (c) of section 814 of this title to be withdrawn from, and be prohibited from entering, such area until the Secretary, after a public hearing affording all interested persons an opportunity to present their views, determines that such conditions have been abated. Any hearing under this paragraph shall be of record and shall be subject to section 554 of title 5.(c) Form and content of orders

Orders issued pursuant to subsection (a) shall contain a detailed description of the conditions or practices which cause and constitute an imminent danger and a description of the area of the coal or other mine from which persons must be withdrawn and prohibited from entering.

(d) Findings; duration of orders

Each finding made and order issued under this section shall be given promptly to the operator of the coal or other mine to which it pertains by the person making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the person making them. Any order issued pursuant to subsection (a) may be modified or terminated by an authorized representative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (e), or by the courts pursuant to section 816(a) of this title.

(e) Reinstatement, modification, and vacatur of orders(1) Any operator notified of an order under this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith afford an opportunity for a hearing (in accordance with section 554 of title 5 but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the Secretary’s order. The Commission and the courts may not grant temporary relief from the issuance of any order under subsection (a).(2) The Commission shall take whatever action is necessary to expedite proceedings under this subsection.(Pub. L. 91–173, title I, § 107, Dec. 30, 1969, 83 Stat. 755; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1307.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), 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 under section 801 of this title and Tables.

Amendments

1977—Pub. L. 95–164 substituted provisions relating to the procedures to be followed to counteract dangerous conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at coal mines, see section 819 of this title.

Statutory Notes and Related SubsidiariesEffective 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.

Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.

Notes of Decisions

Cited in 19 cases (3 in the last 5 years), 1979–2023 · leading case: Clinchfield Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, United Mine Workers of Am., Intervenor, 895 F.2d 773 (D.C. Cir. 1990).

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Clinchfield Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, United Mine Workers of Am., Intervenor, 895 F.2d 773 (D.C. Cir. 1990). · cites it 4× “Eighteen minutes later, the same inspector issued a “withdrawal order” under § 107(a), 30 U.S.C. § 817 (a), which authorizes shutdown of a mine upon discovery of an “imminent danger.”

Left Fork Mining Co., Inc. v. Irving Hooker, 775 F.3d 768 (6th Cir. 2014). · cites it 2× “Given the high likelihood of a significant and substantial safety threat, Middleton issued an order (“Imminent Danger Order”) under section 107(a) of the Mine Act, 30 U.S.C. § 817 (a) and a citation under section 104(a) of the Mine Act, 30 U.”

Am. Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, 796 F.3d 18 (D.C. Cir. 2015). “Section 107(a), 30 U.S.C. § 817 (a). The Mine Act defines an “imminent danger” as “any condition or practice in a coal or other mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated.”

Davis v. Kitt Energy Corp., 365 S.E.2d 82 (W. Va. 1988). · cites it 2× “" [6] 30 U.S.C. § 817 authorizes an inspector to issue an order requiring the operator to immediately withdraw all mine personnel from a mine area in which an "imminent danger" exists.”

Cyprus Emerald Resources Corp. v. Fed. Mine Saf. & Health Review Comm'n, 195 F.3d 42 (D.C. Cir. 1999). · cites it 2× “” 4 An FMSHA inspector issued an “imminent danger” withdrawal order pursuant to section 107(a) of the Act, 30 U.S.C. § 817 (a), 5 and upon a subsequent inspection issued three citations charging “significant and substantial” and “unwarrantable” violations of mandatory safety…”

Sec'y of Labor v. M-Class Mining, LLC, 1 F.4th 16 (D.C. Cir. 2021). “…which provides that the issuance of a § 107(a) order “shall not preclude the issuance of a citation under” § 104. 30 U.S.C. § 817 (a). To repeat, the Order was issued under § 103(k) and § 103(k) does not have language analogous to § 107(a) regarding a § 104 citation;…”

Cooley v. United States, 791 F. Supp. 1294 (E.D. Tenn. 1992). “Counts Eleven and Twelve It Counts Eleven and Twelve, 8 MSHA is alleged to have violated 30 U.S.C. § 817 (a) which provides: If, upon any inspection or investigation of a coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds…”

Myers v. United States, 17 F.3d 890 (6th Cir. 1994). ““to withdraw all persons in areas where imminent danger exists until such danger is abated,” relying upon 30 U.S.C. § 817 (a); 7. “to issue citations [upon the inspector’s belief that a violation exists], and upon violation of such citations, to prohibit unauthorized persons…”

Int'l Union, United Mine Workers of Am. v. Fed. Mine Saf. & Health Review Comm'n, 840 F.2d 77 (D.C. Cir. 1988). “Section 107, 30 U.S.C. § 817 , similarly provides for a withdrawal order in case of “imminent danger.”

Am. Coal Co., a Corp. v. United States Dep't of Labor, Mine Saf. & Health Admin., 639 F.2d 659 (10th Cir. 1981). “30 U.S.C. § 817 (e)(1). 3 . In Eastern Associated Coal Corporation, 5 IBMA 74 (1975), the Board of Mine Operations Appeals held that the Secretary of Interior had jurisdiction to review orders issued under Section 103(f) of the Coal Act, 30 U.”

Emerald Mines Co. v. Fed. Mine Saf. & Health Review Comm'n & the Sec'y of Labor, & United Mine Workers of Am., Intervenor, 863 F.2d 51 (D.C. Cir. 1988). “” 30 U.S.C. § 817 (a) (1982). Section 107(a) unquestionably addresses existing violations only (as Emerald claims, and the Commission denies, section 104(d) does).”

Sewell Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, Sec'y of Labor, 686 F.2d 1066 (4th Cir. 1982). “§ 814 (h)(1) (1970) (current version at 30 U.S.C. § 817 (b)(1) (Supp. Ill 1979)).”

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