30 U.S.C. § 819

Posting of orders and decisions

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(a) Mine office; bulletin board

At each coal or other mine there shall be maintained an office with a conspicuous sign designating it as the office of such mine. There shall be a bulletin board at such office or located at a conspicuous place near an entrance of such mine, in such manner that orders, citations, notices and decisions required by law or regulation to be posted, may be posted thereon, and be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any order, citation, notice or decision required by this chapter to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator or his agent.

(b) Distribution of orders, citations, notices, and decisions

The Secretary shall (1) cause a copy of any order, citation, notice, or decision required by this chapter to be given to an operator to be mailed immediately to a representative of the miners in the affected coal or other mine, and (2) cause a copy thereof to be mailed to the public official or agency of the State charged with administering State laws, if any, relating to health or safety in such mine. Such notice, order, citation, or decision shall be available for public inspection.

In order to insure prompt compliance with any notice, order, citation, or decision issued under this chapter, the authorized representative of the Secretary may deliver such notice, order, citation, or decision to an agent of the operator, and such agent shall immediately take appropriate measures to insure compliance with such notice, order, citation, or decision.

(d) Filing; designation of health and safety officers

Each operator of a coal or other mine subject to this chapter shall file with the Secretary the name and address of such mine and the name and address of the person who controls or operates the mine. Any revisions in such names or addresses shall be promptly filed with the Secretary. Each operator of a coal or other mine subject to this chapter shall designate a responsible official at such mine as the principal officer in charge of health and safety at such mine, and such official shall receive a copy of any notice, order, citation, or decision issued under this chapter affecting such mine. In any case where the mine is subject to the control of any person not directly involved in the daily operations of the coal or other mine, there shall be filed with the Secretary the name and address of such person and the name and address of a principal official of such person who shall have overall responsibility for the conduct of an effective health and safety program at any coal or other mine subject to the control of such person, and such official shall receive a copy of any notice, order, citation, or decision issued affecting any such mine. The mere designation of a health and safety official under this subsection shall not be construed as making such official subject to any penalty under this chapter.

(Pub. L. 91–173, title I, § 109, Dec. 30, 1969, 83 Stat. 756; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1310.)Editorial NotesReferences in Text

This chapter, referred to in text, 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 posting of orders and decisions for provisions setting out an enumeration of penalties, which provisions, as revised, were transferred to section 820 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 47 cases (3 in the last 5 years), 1972–2026 · leading case: Ass'n of Bituminous Contractors v. Andrus, 581 F.2d 853 (D.C. Cir. 1978).

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Ass'n of Bituminous Contractors v. Andrus, 581 F.2d 853 (D.C. Cir. 1978). · cites it 12× “The Association sought a declaratory judgment that an independent contractor engaged by a coal mining company for construction work (not actual mining) did not fall within the category of an “operator” 7 of a “coal mine” so that no stricture of the Federal Coal Mine Health and…”

United States v. Consol. Coal Co., 424 F. Supp. 577 (S.D. Ohio 1976). · cites it 12× “§ 371 ; 2 with knowingly making false statements and representations in “mine data cards” filed with the Department of the Interior in *579 violation of 30 U.S.C. § 819 (d); 3 with willfully violating specified mandatory health standards in violation of 30 U.”

Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994). · cites it 2× “[2] Miners' representatives are entitled to receive "a copy of any order, citation, notice, or decision" issued by the Secretary to the mine operator, 30 U. S. C. § 819 (b), as well as copies of certain mine health and safety records available to the Secretary regarding employee…”

Zeigler Coal Co. v. Kleppe, 536 F.2d 398 (D.C. Cir. 1976). · cites it 3× “The civil and criminal penalties of § 109, 30 U.S.C. § 819 (1970) and the withdrawal power granted under § 104, *374 30 U.”

Nat'l Indep. Coal Operators' Assn. v. Kleppe, 423 U.S. 388 (1976). · cites it 4× “C. § 841 et seq.; it requires coal mine operators and miners to comply with the standards.”

United States Dep't of Labor v. Old Ben Coal Co., 676 F.2d 259 (7th Cir. 1982). · cites it 5× “On July 18,1980 the Secretary of Labor filed in the district court a petition for enforcement of the July 23, 1975 order pursuant to 30 U.S.C. § 819 (a)(4). 1 Old Ben countered that the five-year statute of limitations, codified at 28 U.”

Atl. & Gulf Stevedores, Inc. v. Occupational Saf. & Health Review Comm'n, 534 F.2d 541 (3rd Cir. 1976). · cites it 2× “30 U.S.C. § 819 (a)(l)-(2). In contrast to OSHA, § 109(a)(4) preserves the right to jury trial in the civil penalty enforcement proceeding.”

Sec'y of Labor v. Twentymile Coal Co., 456 F.3d 151 (D.C. Cir. 2006). “Section 110 of the Mine Act, which under the Coal Act was 30 U.S.C. § 819 (1976), states: The operator of a coal or other mine in which a violation occurs of a mandatory health or safety standard .”

United States v. Consolidation Coal Co., a Corp., Robert Lasick, Richard Schrickel, Francis Leo Marks, Raymond Zitko, Individuals, 560 F.2d 214 (6th Cir. 1977). · cites it 2× “3 Such false reporting, if knowingly participated in by all Appellees, would violate three criminal provisions of the Act, 30 U.S.C. § 819 (b), (c) and (d). 4 In September, 1975, the Appellees and others were named in a 178 count federal indictment charging them with numerous…”

Dist. 6, United Mine Workers of Am. v. United States Dep't of the Interior Bd. of Mine Operations Appeals, 562 F.2d 1260 (D.C. Cir. 1977). · cites it 2× “30 U.S.C. § 819 . . Failure to evacuate a mine when ordered to do so carried an additional penalty, but this was in the nature of a fine as it was unrelated to the actual hours of compensation lost.”

United States v. Blue Diamond Coal Co., Scotia Coal Co., 667 F.2d 510 (6th Cir. 1982). · cites it 2× “On June 25, 1979, a grand jury in the United States District Court for the East *515 ern District of Kentucky returned an indictment charging the appellee mine companies with four counts of willfully violating a mandatory safety standard in the operation of a coal mine, in…”

United Mine Workers of Am. v. Cecil D. Andrus, Sec'y of the Interior, Carbon Fuel Co., Intervenor, 581 F.2d 888 (D.C. Cir. 1978). · cites it 2× “§ 109, 30 U.S.C. § 819 (1970). 15 . Id. § 109(a)(4), 30 U.”

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