Title 30Mineral Lands and MiningRelease 119-73

§821 Entitlement of miners to full compensation

Title 30 › Chapter CHAPTER 22— - MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER I— - GENERAL › § 821

Last updated Apr 6, 2026|Official source

Summary

Mine operators must pay miners their usual pay rate when a mine or part of it is shut by an order under sections 813, 814, or 817. Miners on the shift when the order was issued who are kept from working must be paid for the time they are idle, up to the rest of that shift. If the order still stands at the next shift, miners on that shift who are kept from working must be paid up to four hours of that shift. If a closure under section 814 or 817 is for failing to follow mandatory health or safety rules, miners get paid for idle time after a fast public hearing and after the order becomes final, but not more than one week. If an operator ignores or refuses to follow an order under sections 813, 814, or 817, all miners who would have been kept out must be paid from when the order was issued until it is obeyed, vacated, or ended, in addition to any pay for work they did. The Commission can order these payments after a miner or representative files a complaint and there is a hearing under section 554 of title 5.

Full Legal Text

Title 30, §821

Mineral Lands and Mining — Source: USLM XML via OLRC

If a coal or other mine or area of such mine is closed by an order issued under section 813 of this title, section 814 of this title, or section 817 of this title, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than the balance of such shift. If such order is not terminated prior to the next working shift, all miners on that shift who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than four hours of such shift. If a coal or other mine or area of such mine is closed by an order issued under section 814 of this title or section 817 of this title for a failure of the operator to comply with any mandatory health or safety standards, all miners who are idled due to such order shall be fully compensated after all interested parties are given an opportunity for a public hearing, which shall be expedited in such cases, and after such order is final, by the operator for lost time at their regular rates of pay for such time as the miners are idled by such closing, or for one week, whichever is the lesser. Whenever an operator violates or fails or refuses to comply with any order issued under section 813 of this title, section 814 of this title, or section 817 of this title, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or his representative and after opportunity for hearing subject to section 554 of title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1977—Pub. L. 95–164 substituted provisions relating to the entitlement of miners to their full compensation when they are idled as the result of the operation of this chapter for provisions relating to the maintenance of records, which provisions, as revised, were transferred to section 813 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. § 821

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73