U.S. Code » Title 30 » Chapter CHAPTER 22— MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER II— INTERIM MANDATORY HEALTH STANDARDS

30 U.S.C. § 841

Mandatory health standards for underground mines; enforcement; review; purpose

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(a) The provisions of sections 842 through 846 of this title and the applicable provisions of section 878 of this title shall be interim mandatory health standards applicable to all underground coal mines until superseded in whole or in part by improved mandatory health standards promulgated by the Secretary under the provisions of section 811 of this title, and shall be enforced in the same manner and to the same extent as any mandatory health standard promulgated under the provisions of section 811 of this title. Any orders issued in the enforcement of the interim standards set forth in this subchapter shall be subject to review as provided in subchapter I of this chapter.(b) Among other things, it is the purpose of this subchapter to provide, to the greatest extent possible, that the working conditions in each underground coal mine are sufficiently free of respirable dust concentrations in the mine atmosphere to permit each miner the opportunity to work underground during the period of his entire adult working life without incurring any disability from pneumoconiosis or any other occupation-related disease during or at the end of such period.(Pub. L. 91–173, title II, § 201, Dec. 30, 1969, 83 Stat. 760.)Statutory Notes and Related SubsidiariesEffective Date

Section operative six months 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 13 cases, 1976–2016 · leading case: Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976).
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Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976). · cites it 4× “, 30 U. S. C. § 841 et seq., for limits on the amount of dust to be permitted in the ambient air of coal mines.”
Nat'l Mining Ass'n v. Sec'y, U.S. Dep't of Labor, 812 F.3d 843 (11th Cir. 2016). · cites it 5× “In National Mining, we focused on section 201 of the Mine Act, 30 U.S.C. § 841 (a). It provides: The provisions of sections 842 through 846 of this title and the applicable provisions of section 878 of this title shall be interim mandatory health standards applicable to all…”
Sec'y of Labor, Mine Saf. & Health Admin. v. Excel Mining, LLC, 334 F.3d 1 (D.C. Cir. 2003). · cites it 2× “” 30 U.S.C. § 841 (b). Section 202(b)(2) provides as follows: [E]ach operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which each miner in the active workings of such mine is exposed at or below 2.”
B & G Constr. Co. v. Dir., Off. of Workers' Comp. Programs, 662 F.3d 233 (3rd Cir. 2011). · cites it 2× “2d 1269 , 1271-73 (3d Cir.1991) (en banc). [4] Congress first provided benefits to the dependents of coal miners affected with pneumoconiosis in the Federal Coal Mine Health and Safety Act of 1969 ("FCMHSA"), 30 U.”
Anthony Gober v. David Matthews, as Sec'y of Health, Educ. & Welfare, 574 F.2d 772 (3rd Cir. 1978). “The Secretary’s practice of having positive X-rays reread by highly qualified “B”' readers, and treating such rereading as final appears to be supported by the regulation applicable to compulsory health surveys under Title II of the 1969 Act ( 30 U.S.C. § 841 et seq.). See 42…”
Marmon Coal Co. v. Dir., Off. of Workers' Comp. Programs, 726 F.3d 387 (3rd Cir. 2013). “Congress first provided benefits to surviving dependents of coal miners afflicted with pneumoconiosis through the Federal Coal Mine Health and Safety Act of 1969 (the “FCMHSA”), 30 U.S.C. § 841 et seq. In 1972, Congress amended the FCMHSA and re-designated Title IV of the Act as…”
Nat'l Indep. Coal Operators' Assn. v. Kleppe, 423 U.S. 388 (1976). “The Act prescribes health and safety standards for the protection of coal miners, Titles II and III, 30 U. S. C. § 841 et seq.; it requires coal mine operators and miners to comply with the standards.”
Consolidation Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, Coal Emp. Proj., United Mine Workers of Am., Intervenors, 824 F.2d 1071 (D.C. Cir. 1987). “See 30 U.S.C. § 841 (b). Coal mine operators are required to take “accurate samples of the amount of respirable dust in the mine atmosphere to which each miner .”
Howard Mullins & United Mine Workers of Am. v. Cecil D. Andrus, Sec'y of the Interior, Consolidation Coal Co., Intervenor, 664 F.2d 297 (D.C. Cir. 1980). “” Federal Coal Mine Health and Safety Act of 1969, § 201(a), 30 U.S.C. § 841 (a) (1976). . See note 43 supra.”
Underhill v. Peabody Coal Co., 687 F.2d 217 (7th Cir. 1982). “To further these important ends, Congress adopted or authorized the promulgation of various regulatory standards, exemplified by the limitation on the permissible amount of dust in the ambient air of coal mines, found in Title II of the FCMHSA, 30 U.S.C. § 841 et seq. (1970),…”
Nat'l Mining Ass'n v. Sec'y of Labor, 153 F.3d 1264 (11th Cir. 1998). · cites it 2× “Under 30 U.S.C. § 841 (a) the Secretary has authority to supersede the “interim mandatory health and safety standards” of the Mine Act with “improved mandatory health and safety standards.”
A. T. Collins v. United States, 621 F.2d 832 (6th Cir. 1980). “30 U.S.C. §§ 841 et seq. The safety standards involve roof supports, ventilation, combustible materials, explosives and similar matters.”
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