30 U.S.C. § 954

Appointment of administrative personnel and inspectors; qualifications; training programs

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The Secretary may, subject to the civil service laws, appoint such employees as he deems requisite for the administration of this chapter and prescribe their duties. Persons appointed as authorized representatives of the Secretary shall be qualified by practical experience in mining or by experience as a practical mining engineer or by education: Provided, however, That, to the maximum extent feasible, in the selection of persons for appointment as mine inspectors, no person shall be so selected unless he has the basic qualification of at least five years practical mining experience and in assigning mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to the extent possible to their previous experience in the particular type of mining operation where such inspections are to be made. Persons appointed to assist such representatives in the taking of samples of respirable dust for the purpose of enforcing subchapter II of this chapter shall be qualified by training, experience, or education. The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 (82 Stat. 251, 270) shall not apply with respect to the appointment of such authorized representatives of the Secretary or to persons appointed to assist such representatives and to carry out the provisions of this chapter, and, in applying the provisions of such section to other agencies under the Secretary and to other agencies of the Government, such appointed persons shall not be taken into account. Such persons shall be adequately trained by the Secretary. The Secretary shall develop programs with educational institutions and operators designed to enable persons to qualify for positions in the administration of this chapter. In selecting persons and training and retraining persons to carry out the provisions of this chapter, the Secretary shall work with appropriate educational institutions, operators, and representatives of miners in developing and maintaining adequate programs for the training and continuing education of persons, particularly inspectors, and where appropriate, the Secretary shall cooperate with such institutions in carrying out the provisions of this section by providing financial and technical assistance to such institutions.

Notes of Decisions

Cited in 5 cases, 1976–2011 · leading case: Wolf Run Mining Co. v. Fed. Mine Saf. & Health Review Comm'n, 659 F.3d 1197 (D.C. Cir. 2011).

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Wolf Run Mining Co. v. Fed. Mine Saf. & Health Review Comm'n, 659 F.3d 1197 (D.C. Cir. 2011). “§ 557a; 30 U.S.C. § 954 . 2 . Section 75.1403-1 provides in part: (a) Sections 75.”

Ayala v. Joy Mfg. Co., 610 F. Supp. 86 (D. Colo. 1985). “Under 30 U.S.C. § 954 (1982), the Secretary, through the Mine Safety Health Administration (MSHA), can appoint personnel, including mine inspectors, and specify their duties.”

Elmer L. Hall v. United States Civil Serv. Comm'n Marcillous Stacy v. United States Civil Serv. Comm'n, 533 F.2d 695 (D.C. Cir. 1976). “30 U.S.C. § 954 (1970). 3 . No. WAM-012 (dated Jan.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. E. Coal Corp., 561 F.2d 632 (6th Cir. 1977). “Another statutory provision imposes secondary liability upon the Secretary of Labor (or his duly designated representative) to pay benefits found to be due if there is no responsible employer or the responsible coal company fails to pay benefits within a reasonable period of…”

Marshall v. Superior Sand & Gravel, Inc., 492 F. Supp. 1195 (W.D. Mich. 1980). · cites it 3× “In its reply, defendant relies on Section 505 of the Act, 30 U.S.C. § 954 , which reads in part: § 954.”

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