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Title 30 — Mineral Lands and MiningRelease 119-73

§817 Procedures to counteract dangerous conditions

Title 30 › Chapter CHAPTER 22— - MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER I— - GENERAL › § 817

Last updated Apr 6, 2026|Official source

Summary

When an authorized inspector finds an imminent danger at a coal or other mine during an inspection, the inspector must mark how much of the mine is affected and order the operator to get everyone out of that area and keep them out. The order can allow only the specific people listed in section 814(c) to stay. The order must describe the danger and the area in writing, be signed, and be given to the operator right away. The inspector can change or end the order, but the order stays in effect until the Secretary, the Commission, or a court changes or cancels it. Issuing this order does not stop the agency from also issuing citations or proposing penalties. Temporary relief cannot be granted for orders made for imminent danger. If an inspector finds serious unsafe conditions that are not yet an imminent danger, cannot be fixed with existing technology, and might lead to imminent danger, the inspector must give a written notice to the operator and the miners’ representative and file a copy with the Secretary. The Secretary will investigate, let the parties present information, and may hold a public hearing if requested. After that, the Secretary will cancel the notice or issue an order to remove people from the area (except those in section 814(c)) until the danger is fixed after a public hearing. The operator or miners’ representative can ask the Commission within 30 days for a hearing to change or cancel the Secretary’s order. The Commission must hold a prompt hearing, follow the record rules in section 554 of Title 5, and then decide to vacate, affirm, modify, or end the order.

Full Legal Text

Title 30, §817

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)If, upon any inspection or investigation of a coal or other mine which is subject to this chapter, an authorized representative of the Secretary finds that an imminent danger exists, such representative shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the operator of such mine to cause all persons, except those referred to in section 814(c) of this title, to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions or practices which caused such imminent danger no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under section 814 of this title or the proposing of a penalty under section 820 of this title.
(b)(1)If, upon any inspection of a coal or other mine, an authorized representative of the Secretary finds (A) that conditions exist therein which have not yet resulted in an imminent danger, (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance cannot be provided that the continuance of mining operations under such conditions will not result in an imminent danger, he shall determine the area throughout which such conditions exist, and thereupon issue a notice to the operator of the mine or his agent of such conditions, and shall file a copy thereof, incorporating his findings therein, with the Secretary and with the representative of the miners of such mine. Upon receipt of such copy, the Secretary shall cause such further investigation to be made as he deems appropriate, including an opportunity for the operator or a representative of the miners to present information relating to such notice.
(2)Upon the conclusion of an investigation pursuant to paragraph (1), and an opportunity for a public hearing upon request by any interested party, the Secretary shall make findings of fact, and shall by decision incorporating such findings therein, either cancel the notice issued under this subsection or issue an order requiring the operator of such mine to cause all persons in the area affected, except those persons referred to in subsection (c) of section 814 of this title to be withdrawn from, and be prohibited from entering, such area until the Secretary, after a public hearing affording all interested persons an opportunity to present their views, determines that such conditions have been abated. Any hearing under this paragraph shall be of record and shall be subject to section 554 of title 5.
(c)Orders issued pursuant to subsection (a) shall contain a detailed description of the conditions or practices which cause and constitute an imminent danger and a description of the area of the coal or other mine from which persons must be withdrawn and prohibited from entering.
(d)Each finding made and order issued under this section shall be given promptly to the operator of the coal or other mine to which it pertains by the person making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the person making them. Any order issued pursuant to subsection (a) may be modified or terminated by an authorized representative of the Secretary. Any order issued under subsection (a) or (b) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (e), or by the courts pursuant to section 816(a) of this title.
(e)(1)Any operator notified of an order under this section or any representative of miners notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith afford an opportunity for a hearing (in accordance with section 554 of title 5 but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the Secretary’s order. The Commission and the courts may not grant temporary relief from the issuance of any order under subsection (a).
(2)The Commission shall take whatever action is necessary to expedite proceedings under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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 procedures to be followed to counteract dangerous conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at coal mines, see section 819 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 817

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73