Title 30Mineral Lands and MiningRelease 119-73

§846 Noise standards; promulgation of new standards; tests; procedures; protective devices

Title 30 › Chapter CHAPTER 22— - MINE SAFETY AND HEALTH › Subchapter SUBCHAPTER II— - INTERIM MANDATORY HEALTH STANDARDS › § 846

Last updated Apr 6, 2026|Official source

Summary

From the operative date, the noise standards in chapter 65 of title 41 that were in effect on October 1, 1969 apply to every coal mine, and each operator must follow them. Within six months after December 30, 1969, the Secretary of Health and Human Services must publish proposed mandatory health standards setting maximum noise exposure levels for all underground coal mines. Starting six months after the operative date and at least every six months afterward, a qualified person must test the mine’s noise as the Secretary of Health and Human Services requires, and the operator must report and certify the results to the Secretary and to the Secretary of Health and Human Services. Operators may not require any protective device or system that the Secretary finds hazardous or that creates a hazard for miners.

Full Legal Text

Title 30, §846

Mineral Lands and Mining — Source: USLM XML via OLRC

On and after the operative date of this subchapter, the standards on noise prescribed under chapter 65 of title 41, in effect October 1, 1969, shall be applicable to each coal mine and each operator of such mine shall comply with them. Within six months after December 30, 1969, the Secretary of Health and Human Services shall establish, and the Secretary shall publish, as provided in section 811 of this title, proposed mandatory health standards establishing maximum noise exposure levels for all underground coal mines. Beginning six months after the operative date of this subchapter, and at intervals of at least every six months thereafter, the operator of each coal mine shall conduct, in a manner prescribed by the Secretary of Health and Human Services, tests by a qualified person of the noise level at the mine and report and certify the results to the Secretary and the Secretary of Health and Human Services. In meeting such standard under this section, the operator shall not require the use of any protective device or system, including personal devices, which the Secretary or his authorized representative finds to be hazardous or cause a hazard to the miners in such mine.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the operative date of this subchapter, referred to in text, see section 509 of Pub. L. 91–173, set out as an

Effective Date

note under section 801 of this title. Codification In text, “chapter 65 of title 41” substituted for “the Walsh-Healey Public Contracts Act, as amended” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Effective Date

Section operative six months 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. § 846

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73