§826 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

People cannot sue mine rescuers or their regular employer for property damage, injury, or death that happens while they are doing mine rescue or recovery work. A lawsuit is allowed only if the harm was caused by very serious carelessness, purposely dangerous behavior, or breaking the law, or if the regular employer is the operator of the mine. This rule does not change state workers’ compensation laws. "Covered individual" — a mine rescue team member or other volunteer doing rescue or recovery. "Regular employer" — the person’s legal employer under state law.

Title 30, §826

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)No person shall bring an action against any covered individual or his or her regular employer for property damage or an injury (or death) sustained as a result of carrying out activities relating to mine accident rescue or recovery operations. This subsection shall not apply where the action that is alleged to result in the property damages or injury (or death) was the result of gross negligence, reckless conduct, or illegal conduct or, where the regular employer (as such term is used in this chapter) is the operator of the mine at which the rescue activity takes place. Nothing in this section shall be construed to preempt State workers’ compensation laws.

(b)For purposes of subsection (a), the term “covered individual” means an individual—

(1)who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and

(2)who is carrying out activities relating to mine accident rescue or recovery operations.

(c)For purposes of subsection (a), the term “regular employer” means the entity that is the covered employee’s legal or statutory employer pursuant to applicable State law.

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.

§826 Limitation on certain liability for rescue operations