§811 Mandatory safety and health standards

Summary

The Secretary must make and update mandatory health and safety rules to protect miners in coal and other mines. The Secretary can act after getting information or recommendations from people, unions, employers, NIOSH, HHS, states, or others. If asked, an advisory committee must give recommendations within 60 days, but never later than 180 days. When NIOSH sends a recommendation, the Secretary has 60 days to send it to a committee, publish a proposed rule, or explain why not. If a rule is new and has big economic effects, the Secretary must get committee advice. A proposed rule must be published in the Federal Register with full text and changes shown. People have 30 days to send written comments (the Secretary can extend this for good cause). Objections and requests for a public hearing must be filed by the last day of that comment time. The Secretary must publish a hearing notice within 60 days and start the hearing within 60 days of that notice. Hearings are on the record, can use subpoenas, and have transcripts. After the hearing record is certified, the Secretary must issue a final rule within 90 days. If no hearing was asked for, the final rule must come within 90 days after the comment period ends. Final rules take effect when published unless a later date is set. Standards about toxic materials or harmful agents must use the best evidence to prevent miners from suffering lasting health problems over a working life. HHS must, as soon as possible after November 9, 1977 but no later than 18 months after that date and continuously after, tell the Secretary which mine substances or agents are potentially toxic and provide criteria. After HHS gives criteria, the Secretary has 60 days to start the committee process, publish a proposed rule, or explain why not. Rules must require warnings, needed protective gear, controls and monitoring, and, where needed, medical exams paid by the mine operator. If a miner must be removed because of health risk, the miner must be reassigned and kept on pay at no less than the regular rate for their old job. Research exams may be paid by HHS. Results go to the Secretary (and to the miner’s doctor if the miner asks). Where practical, separate standards should cover surface mine construction. New rules cannot reduce existing protections. The Secretary can issue an emergency temporary standard that takes effect on publication if miners face a grave danger and the rule is needed. That temporary rule stays in effect until replaced. The Secretary must start the normal rulemaking and issue a final standard within nine months of the emergency rule. Mine operators or miner representatives can petition to change how a standard applies at a specific mine if an alternative gives equal protection or if the standard would make the mine less safe; the Secretary will investigate, give notice, and may hold a public hearing and publish findings. Anyone harmed by a standard can ask a U.S. Court of Appeals to review it within 60 days. The court process does not usually pause the standard. The court will not consider objections not raised first with the Secretary unless there is good reason. The Secretary must send each proposed rule to every mine operator and the miners’ representative when it is published, and the operator must post it on the mine bulletin board; not getting the notice does not excuse following the rule.