Collapse to view only § 961. Functions transferred under 1977 amendments
- § 951. Studies and research
- § 951a. Health, Safety, and Mining Technology Research program
- § 952. Training and education
- § 953. Assistance to States
- § 954. Appointment of administrative personnel and inspectors; qualifications; training programs
- § 955. State laws
- § 956. Applicability of administrative procedure provisions
- § 957. Promulgation of regulations
- § 958. Annual reports to Congress; contents
- § 959. Study of coordination of Federal and State activities; report
- § 960. Limitation on issuance of temporary restraining order or preliminary injunction
- § 961. Functions transferred under 1977 amendments
- § 962. Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations
- § 963. Technical Study Panel
- § 964. Scholarships
- § 965. Brookwood-Sago Mine Safety Grants
- § 966. Retention of fees
§ 951. Studies and research
(a) Appropriate projects
The Secretary of the Interior and the Secretary of Health and Human Services, as appropriate, shall conduct such studies, research, experiments, and demonstrations as may be appropriate—
(1) to improve working conditions and practices in coal or other mines, and to prevent accidents and occupational diseases originating in the coal or other mining industry;
(2) to develop new or improved methods of recovering persons in coal or other mines after an accident;
(3) to develop new or improved means and methods of communication from the surface to the underground area of a coal or other mine;
(4) to develop new or improved means and methods of reducing concentrations of respirable dust in the mine atmosphere of active workings of the coal or other mine;
(5) to develop epidemiological information to (A) identify and define positive factors involved in occupational diseases of miners, (B) provide information on the incidence and prevalence of pneumoconiosis and other respiratory ailments of miners, and (C) improve mandatory health standards;
(6) to develop techniques for the prevention and control of occupational diseases of miners, including tests for hypersusceptibility and early detection;
(7) to evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease;
(8) to prepare and publish from time to time, reports on all significant aspects of occupational diseases of miners as well as on the medical aspects of injuries, other than diseases, which are revealed by the research carried on pursuant to this subsection;
(9) to study the relationship between coal or other mine environments and occupational diseases of miners;
(10) to develop new and improved underground equipment and other sources of power for such equipment which will provide greater safety;
(11) to determine, upon the written request by any operator or authorized representative of miners, specifying with reasonable particularity the grounds upon which such request is made, whether any substance normally found in a coal or other mine has potentially toxic effects in the concentrations normally found in the coal or other mine or whether any physical agents or equipment found or used in a coal or other mine has potentially hazardous effects, and shall submit such determinations to both the operators and miners as soon as possible; and
(12) for such other purposes as they deem necessary to carry out the purposes of this chapter.
(b) Responsibility for carrying out prescribed activities
(c) Contracting with and grants to public and private agencies; availability of information; exceptions
(d) Prevention of diseases affecting persons working with mine products
(e) Authorization of appropriations
(f) Exceptions to mandatory health and safety standards for improving techniques and equipment
(g) Grants for research and development of respiratory equipment
(Pub. L. 91–173, title V, § 501, Dec. 30, 1969, 83 Stat. 798; Pub. L. 95–164, title III, § 303(a), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 951a. Health, Safety, and Mining Technology Research program
(a) Health, Safety, and Mining Technology Research Plan
(1) Every 5 years, the Secretary of the Interior, acting through the Director of the Bureau of Mines (hereinafter in this section referred to as the “Director”), shall develop a Plan for Health, Safety, and Mining Technology Research (hereinafter in this subsection referred to as the “Plan”).
(2) The Plan shall identify the goals and objectives of the Health, Safety, and Mining Technology program of the Bureau of Mines, and shall guide research and technology development under such program, over each 5-year period.
(3) In preparing the proposed Plan referred to in paragraph (1), the Director shall solicit suggestions, comments and proposals for research and technology development projects from the mining industry, labor, academia and other concerned groups and individuals.
(b) Technical amendment
(Pub. L. 102–486, title XXV, § 2512, Oct. 24, 1992, 106 Stat. 3111.)
§ 952. Training and education
(a) Programs for operators, agents, and miners
The Secretary shall expand programs for the education and training of operators and agents thereof, and miners in—
(1) the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working conditions in coal or other mines; and
(2) in the use of flame safety lamps, permissible methane detectors, and other means approved by the Secretary for detecting methane and other explosive gases accurately.
(b) Technical assistance to operators
(c) National Mine Health and Safety Academy
(1) The National Mine Health and Safety Academy shall be maintained as an agency of the Department of Labor. The Academy shall be responsible for the training of mine safety and health inspectors under section 954 of this title, and in training of technical support personnel of the Mine Safety and Health Administration established under section 557a of title 29; and for any other training programs for mine inspectors, mining personnel, or other persons as the Secretary of Labor shall designate. In performing this function, the Academy shall have the authority to enter into cooperative educational and training agreements with educational institutions, State governments, labor organizations, and mine operators and related industries. Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the user.
(2) Repealed. Pub. L. 96–38, title I, § 100, July 25, 1979, 93 Stat. 111.
(3) The Secretary of the Interior shall conduct his safety research responsibilities under section 951 of this title in coordination with the Secretary of Labor, and the Secretaries of Labor and the Interior are authorized to enter into contractual or other agreements for the performance of such safety related research.
(Pub. L. 91–173, title V, § 502, Dec. 30, 1969, 83 Stat. 800; Pub. L. 95–164, title III, § 303(b), (h), Nov. 9, 1977, 91 Stat. 1320, 1321; Pub. L. 96–38, title I, § 100, July 25, 1979, 93 Stat. 111.)
§ 953. Assistance to States
(a) Development and enforcement of health and safety regulations; improvement of workmen’s compensation and occupational disease laws; promotion of Federal-State coordination in mine safety
The Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Interior, is authorized to make grants in accordance with an application approved under this section to any State in which coal or other mining takes place—
(1) to assist such State in developing and enforcing effective coal or other mine health and safety laws and regulations consistent with the provisions of section 955 of this title;
(2) to improve State workmen’s compensation and occupational disease laws and programs related to coal or other mine employment; and
(3) to promote Federal-State coordination and cooperation in improving the health and safety conditions in the coal or other mines.
(b) Application for grants; contents
(1) sets forth the programs, policies, and methods to be followed in carrying out the application in accordance with the purposes of subsection (a) of this section;
(2) provides research and planning studies to carry out plans designed to improve State workmen’s compensation and occupational disease laws and programs, as they relate to compensation to miners for occupationally caused diseases and injuries arising out of employment in any coal or other mine;
(3) designates such State coal or other mine inspection or safety agency as the sole agency responsible for administering grants under this section throughout the State, and contains satisfactory evidence that such agency will have the authority to carry out the purposes of this section;
(4) gives assurances that such agency has or will employ an adequate and competent staff of trained inspectors qualified under the laws of such State to make coal or other mine inspections within such State;
(5) provides for the extension and improvement of the State program for the improvement of coal or other mine health and safety in the State, and provides that no advance notice of an inspection will be provided anyone;
(6) provides such fiscal control and fund accounting procedures as may be appropriate to assure proper disbursement and accounting of grants made to the States under this section;
(7) provides that the designated agency will make such reports to the Secretary in such form and containing such information as the Secretary may from time to time require;
(8) contains assurances that grants provided under this section will supplement, not supplant, existing State coal or other mine health and safety programs; and
(9) meets additional conditions which the Secretary may prescribe in furtherance of, and consistent with, the purposes of this section.
(c) Approval by Secretary; notice and hearing
(d) Review by Court of Appeals; conclusiveness of findings of Secretary; filing of petition
(e) Programs to train State inspectors
(f) Cooperation in implementation of programs; exchange of reports between States
(g) Limitation on grants
(h) Authorization of appropriations
(Pub. L. 91–173, title V, § 503, Dec. 30, 1969, 83 Stat. 800; Pub. L. 95–164, title III, § 303(c), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 954. Appointment of administrative personnel and inspectors; qualifications; training programs
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.
(Pub. L. 91–173, title V, § 505, Dec. 30, 1969, 83 Stat. 802; Pub. L. 95–164, title III, § 303(d), Nov. 9, 1977, 91 Stat. 1320.)
§ 955. State laws
(a) No State law in effect on December 30, 1969 or which may become effective thereafter shall be superseded by any provision of this chapter or order issued or any mandatory health or safety standard, except insofar as such State law is in conflict with this chapter or with any order issued or any mandatory health or safety standard.
(b) The provisions of any State law or regulation in effect upon the operative date of this chapter, or which may become effective thereafter, which provide for more stringent health and safety standards applicable to coal or other mines than do the provisions of this chapter or any order issued or any mandatory health or safety standard shall not thereby be construed or held to be in conflict with this chapter. The provisions of any State law or regulation in effect on December 30, 1969, or which may become effective thereafter, which provide for health and safety standards applicable to coal or other mines for which no provision is contained in this chapter or in any order issued or any mandatory health or safety standard, shall not be held to be in conflict with this chapter.
(Pub. L. 91–173, title V, § 506, Dec. 30, 1969, 83 Stat. 803; Pub. L. 95–164, title III, § 303(e), Nov. 9, 1977, 91 Stat. 1321.)
§ 956. Applicability of administrative procedure provisions
Except as otherwise provided in this chapter, the provisions of sections 551 to 559 and sections 701 to 706 of title 5 shall not apply to the making of any order, notice, or decision made pursuant to this chapter, or to any proceeding for the review thereof.
(Pub. L. 91–173, title V, § 507, Dec. 30, 1969, 83 Stat. 803.)
§ 957. Promulgation of regulations
The Secretary, the Secretary of Health and Human Services, the Commissioner of Social Security, and the Panel are authorized to issue such regulations as each deems appropriate to carry out any provision of this chapter.
(Pub. L. 91–173, title V, § 508, Dec. 30, 1969, 83 Stat. 803; Pub. L. 103–296, title I, § 108(i)(5), Aug. 15, 1994, 108 Stat. 1488.)
§ 958. Annual reports to Congress; contents
(a) Within one hundred and twenty days following the convening of each session of Congress the Secretary shall submit through the President to the Congress and to the Office of Science and Technology an annual report upon the subject matter of this chapter, the progress concerning the achievement of its purposes, the needs and requirements in the field of coal or other mine health and safety, the amount and status of each loan made pursuant to this chapter, a description and the anticipated cost of each project and program he has undertaken under sections 861(b) and 951 of this title, and any other relevant information, including any recommendations he deems appropriate.
(b) Repealed. Pub. L. 96–470, title I, § 106(f), Oct. 19, 1980, 94 Stat. 2238.
(Pub. L. 91–173, title V, § 511, Dec. 30, 1969, 83 Stat. 803; Pub. L. 95–164, title III, § 303(f), Nov. 9, 1977, 91 Stat. 1321; Pub. L. 96–470, title I, § 106(f), Oct. 19, 1980, 94 Stat. 2238.)
§ 959. Study of coordination of Federal and State activities; report
(a) The Secretary shall make a study to determine the best manner to coordinate Federal and State activities in the field of coal or other mine health and safety so as to achieve (1) maximum health and safety protection for miners, (2) an avoidance of duplication of effort, (3) maximum effectiveness, (4) a reduction of delay to a minimum, and (5) most effective use of Federal inspectors.
(b) The Secretary shall make a report of the results of his study to the Congress as soon as practicable after December 30, 1969.
(Pub. L. 91–173, title V, § 512, Dec. 30, 1969, 83 Stat. 804; Pub. L. 95–164, title III, § 303(g), Nov. 9, 1977, 91 Stat. 1321.)
§ 960. Limitation on issuance of temporary restraining order or preliminary injunction
In any proceeding in which the validity of any interim mandatory health or safety standard set forth in subchapters II and III of this chapter is in issue, no justice, judge, or court of the United States shall issue any temporary restraining order or preliminary injunction restraining the enforcement of such standard pending a determination of such issue on its merits.
(Pub. L. 91–173, title V, § 513, Dec. 30, 1969, 83 Stat. 804.)
§ 961. Functions transferred under 1977 amendments
(a) Transfer of functions to Secretary of Labor
(b) Existing mandatory standards; review by advisory committee; recommendations
(1) The mandatory standards relating to mines, issued by the Secretary of the Interior under the Federal Metal and Nonmetallic Mine Safety Act [30 U.S.C. 721 et seq.] and standards and regulations under the Federal Coal Mine Health and Safety Act of 1969 [30 U.S.C. 801 et seq.] which are in effect on November 9, 1977, shall remain in effect as mandatory health or safety standards applicable to metal and nonmetallic mines and to coal mines respectively under the Federal Mine Safety and Health Act of 1977 [30 U.S.C. 801 et seq.] until such time as the Secretary of Labor shall issue new or revised mandatory health or safety standards applicable to metal and nonmetallic mines and new or revised mandatory health or safety standards applicable to coal mines.
(2) Within 60 days after November 9, 1977, the Secretary of Labor in consultation with the Secretary of the Interior shall establish an advisory committee under section 102 of the Federal Mine Safety and Health Act of 1977 [30 U.S.C. 812] which shall, within 180 days after the date of the establishment of such advisory committee, review the advisory health and safety standards issued by the Secretary of the Interior under the Federal Metal and Nonmetallic Mine Safety Act and recommend to the Secretary of Labor which of those standards (or any modifications of such standards which do not substantially diminish the health and safety of miners) should be promulgated as mandatory health or safety standards. The Secretary of Labor shall publish, within 60 days after any recommendations of the advisory committee under this paragraph, each of the standards so recommended for adoption with or without modifications as a proposed mandatory health or safety standard under this section by publication of such standard in the Federal Register, and afford interested persons a period of 25 days after publication to submit written data or comment. Within 30 days after the close of the comment period specified in the preceding sentence, the Secretary of Labor shall promulgate by publication in the Federal Register mandatory health or safety standards based upon the advisory committee recommendation with or without modification, and the data and comments received thereon, unless the Secretary of Labor determines that such standards will not promote the health and safety of miners and publishes an explanation of that determination in the Federal Register.
(c) Unexpended appropriations; personnel; property; records; obligations; commitments; savings provisions; pending proceedings and suits
(1) All unexpended balances of appropriations, personnel, property, records, obligations, and commitments which are used primarily with respect to any functions transferred under the provisions of subsection (a) to the Secretary of Labor shall be transferred to the Department of Labor or the Commission, as appropriate. The transfer of personnel pursuant to this paragraph shall be without reduction in classification or compensation for one year after such transfer, except that the Secretary of Labor shall have full authority to assign personnel during such one-year period in order to efficiently carry out functions transferred to him under this Act.
(2) All orders, decisions, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges (A) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are transferred under this section by any department or agency, any functions of which are transferred by this section, and (B) which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, revoked, or repealed by the Secretary of Labor, the Federal Mine Safety and Health Review Commission or other authorized officials, by any court of competent jurisdiction, or by operation of law.
(3) The provisions of this section shall not affect any proceedings pending at the time this section takes effect before any department, agency, or component thereof, functions of which are transferred by this section, except that such proceedings, to the extent that they relate to functions so transferred, shall be continued before the Secretary of Labor or the Federal Mine Safety and Health Review Commission. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, revoked, or repealed by the Secretary of Labor, the Federal Mine Safety and Health Review Commission, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued if this section had not been enacted.
(4) The provisions of this section shall not affect suits commenced prior to the date this section takes effect and in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this section had not been enacted; except that if before the date on which this section takes effect, any department or agency (or officer thereof in his official capacity) is a party to a suit involving functions transferred to the Secretary, then such suit shall be continued by the Secretary of Labor. No cause of action, and no suit, action, or other proceeding, by or against any department or agency (or officer thereof in his official capacity) functions of which are transferred by this section, shall abate by reason of the enactment of this section. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or the Secretary as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this paragraph.
(d) “Function” defined
(e) Determinations by Director of Office of Management and Budget
(Pub. L. 95–164, title III, § 301, Nov. 9, 1977, 91 Stat. 1317; Pub. L. 96–38, title I, § 100, July 25, 1979, 93 Stat. 111.)
§ 962. Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations
The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster.
(Pub. L. 118–47, div. D, title I, Mar. 23, 2024, 138 Stat. 640.)
§ 963. Technical Study Panel
(a) Establishment
(b) Membership
The Panel shall be composed of—
(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;
(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and
(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.
(c) Qualifications
(d) Report
(1) In general
(2) Response by Secretary
(e) Compensation
(Pub. L. 91–173, title V, § 514, as added Pub. L. 109–236, § 11, June 15, 2006, 120 Stat. 501.)
§ 964. Scholarships
(a) Establishment
(b) Fundamental skills scholarships
(1) In general
(2) Skills
(3) Eligibility
To be eligible to receive a scholarship under this subsection an individual shall—
(A) have a high school diploma or a GED;
(B) have at least 2 years experience in full-time employment in mining or mining-related activities;
(C) submit to the Secretary an application at such time, in such manner, and containing such information; and
(D) demonstrate an interest in working in the field of mining and performing an internship with the Mine Safety and Health Administration or the National Institute for Occupational Safety and Health Office of Mine Safety.
(c) Mine safety inspector scholarships
(1) In general
(2) Skills
(3) Eligibility
To be eligible to receive a scholarship under this subsection an individual shall—
(A) have a high school diploma or a GED;
(B) have at least 5 years experience in full-time employment in mining or mining-related activities;
(C) submit to the Secretary an application at such time, in such manner, and containing such information; and
(D) agree to be employed for a period of at least 5 years at the Mine Safety and Health Administration or, to repay, on a pro-rated basis, the funds received under this program, plus interest, at a rate established by the Secretary upon the issuance of the scholarship.
(d) Advanced research scholarships
(1) In general
(2) Skills
(3) Eligibility
To be eligible to receive a scholarship under this subsection an individual shall—
(A) have a bachelor’s degree or equivalent from an accredited 4-year institution;
(B) have at least 5 years experience in full-time employment in underground mining or mining-related activities; and
(C) submit to the Secretary an application at such time, in such manner, and containing such information.
(e) Authorization of appropriations
(Pub. L. 91–173, title V, § 515, as added Pub. L. 109–236, § 12, June 15, 2006, 120 Stat. 502.)
§ 965. Brookwood-Sago Mine Safety Grants
(a) In general
(b) Purposes
(c) Eligibility
To be eligible to receive a grant under this section, an entity shall—
(1) be a public or private nonprofit entity; and
(2) submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require.
(d) Use of funds
(e) Awarding of grants
(1) Annual basis
(2) Special emphasis
(3) Priority
(f) Evaluation
(g) Authorization of appropriations
(Pub. L. 109–236, § 14, June 15, 2006, 120 Stat. 504.)
§ 966. Retention of fees
The Mine Safety and Health Administration may retain up to $2,499,000 in this fiscal year and each fiscal year thereafter from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities.
(Pub. L. 113–76, div. H, title I, Jan. 17, 2014, 128 Stat. 357.)