---
kind: "range"
citation: "30 U.S.C. §§ 842–846"
title: "30"
from: "842"
to: "846"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/30/842..846"
---

# §842. Dust concentration and respiratory equipment

- (a) **Samples; procedures; transmittal; notice of excess concentration; periodic reports to Secretary; contents—** Each [operator](/usc/30/802.md?p=d) of a coal mine shall take accurate samples of the amount of respirable dust in the mine atmosphere to which each [miner](/usc/30/802.md?p=g) in the active workings of such mine is exposed. Such samples shall be taken by any device approved by the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services and in accordance with such methods, at such locations, at such intervals, and in such manner as the [Secretaries](/usc/30/802.md?p=a) shall prescribe in the Federal Register within sixty days from December 30, 1969 and from time to time thereafter. Such samples shall be transmitted to the [Secretary](/usc/30/802.md?p=a) in a manner established by him, and analyzed and recorded by him in a manner that will assure application of the provisions of [section 814(i) of this title](/usc/30/814.md) when the applicable limit on the concentration of respirable dust required to be maintained under this section is exceeded. The results of such samples shall also be made available to the [operator](/usc/30/802.md?p=d). Each [operator](/usc/30/802.md?p=d) shall report and certify to the [Secretary](/usc/30/802.md?p=a) at such intervals as the [Secretary](/usc/30/802.md?p=a) may require as to the conditions in the active workings of the coal mine, including, but not limited to, the average number of working hours worked during each shift, the quantity and velocity of air regularly reaching the working faces, the method of mining, the amount and pressure of the water, if any, reaching the working faces, and the number, location, and type of sprays, if any, used.
- (b) **Standards; noncompliance permit; renewal; procedures; limitations; extension period—** Except as otherwise provided in this subsection—
  - (1) Effective on the operative date of this subchapter, each [operator](/usc/30/802.md?p=d) shall continuously maintain the [average concentration](#f) of respirable dust in the mine atmosphere during each shift to which each [miner](/usc/30/802.md?p=g) in the active workings of such mine is exposed at or below 3.0 milligrams of respirable dust per cubic meter of air.
  - (2) Effective three years after December 30, 1969, each [operator](/usc/30/802.md?p=d) shall continuously maintain the [average concentration](#f) of respirable dust in the mine atmosphere during each shift to which each [miner](/usc/30/802.md?p=g) in the active workings of such mine is exposed at or below 2.0 milligrams of respirable dust per cubic meter of air.
  - (3) Any [operator](/usc/30/802.md?p=d) who determines that he will be unable, using available technology, to comply with the provisions of paragraph (1) of this subsection, or the provisions of paragraph (2) of this subsection, as appropriate, may file with the [Panel](/usc/30/802.md?p=m), no later than sixty days prior to the effective date of the applicable respirable dust standard established by such paragraphs, an application for a permit for noncompliance. If, in the case of an application for a permit for noncompliance with the 3.0 milligram standard established by paragraph (1) of this subsection, the application satisfies the requirements of [subsection (c)](#c) of this section, the [Panel](/usc/30/802.md?p=m) shall issue a permit for noncompliance to the [operator](/usc/30/802.md?p=d). If, in the case of an application for a permit for noncompliance with the 2.0 milligram standard established by paragraph (2) of this subsection, the application satisfies the requirements of [subsection (c)](#c) of this section and the [Panel](/usc/30/802.md?p=m) determines that the applicant will be unable to comply with such standard, the [Panel](/usc/30/802.md?p=m) shall issue to the [operator](/usc/30/802.md?p=d) a permit for noncompliance.
  - (4) In any case in which an [operator](/usc/30/802.md?p=d), who has been issued a permit (including a renewal permit) for noncompliance under this section, determines, not more than ninety days prior to the expiration date of such permit, that he still is unable to comply with the standard established by paragraph (1) of this subsection or the standard established by paragraph (2) of this subsection, as appropriate, he may file with the [Panel](/usc/30/802.md?p=m) an application for renewal of the permit. Upon receipt of such application, the [Panel](/usc/30/802.md?p=m), if it determines, after all interested [persons](/usc/30/802.md?p=f) have been notified and given an opportunity for a public hearing under [section 804 of this title](/usc/30/804.md), that the application is in compliance with the provisions of [subsection (c)](#c) of this section, and that the applicant will be unable to comply with such standard, may renew the permit.
  - (5) Any such permit or renewal thereof so issued shall be in effect for a period not to exceed one year and shall entitle the permittee during such period to maintain continuously the [average concentration](#f) of respirable dust in the mine atmosphere during each shift in the working places of such mine to which the permit applies at a level specified by the [Panel](/usc/30/802.md?p=m), which shall be at the lowest level which the application shows the conditions, technology applicable to such mine, and other available and effective control techniques and methods will permit, but in no event shall such level exceed 4.5 milligrams of dust per cubic meter of air during the period when the 3.0 milligram standard is in effect, or 3.0 milligrams of dust per cubic meter of air during the period when the 2.0 milligram standard is in effect.
  - (6) No permit or renewal thereof for noncompliance shall entitle any [operator](/usc/30/802.md?p=d) to an extension of time beyond eighteen months from December 30, 1969 to comply with the 3.0 milligram standard established by paragraph (1) of this subsection, or beyond seventy-two months from December 30, 1969 to comply with the 2.0 milligram standard established by paragraph (2) of this subsection.
- (c) **Applications for noncompliance; contents—** Any application for an initial or renewal permit made pursuant to this section shall contain—
  - (1) a representation by the applicant and the engineer conducting the survey referred to in paragraph (2) of this subsection that the applicant is unable to comply with the standard applicable under subsection [(b)(1)](#b-1) or [(b)(2)](#b-2) of this section at specified working places because the technology for reducing the concentration of respirable dust at such places is not available, or because of the lack of other effective control techniques or methods, or because of any combination of such reasons;
  - (2) an identification of the working places in such mine for which the permit is requested; the results of an engineering survey by a certified engineer of the respirable dust conditions of each working place of the mine with respect to which such application is filed and the ability to reduce such dust to the level required to be maintained in such place under this section; a description of the ventilation system of the mine and its capacity; the quantity and velocity of air regularly reaching the working faces; the method of mining; the amount and pressure of the water, if any, reaching the working faces; the number, location, and type of sprays, if any; action taken to reduce such dust; and such other information as the [Panel](/usc/30/802.md?p=m) may require; and
  - (3) statements by the applicant and the engineer conducting such survey, of the means and methods to be employed to achieve compliance with the applicable standard, the progress made toward achieving compliance, and an estimate of when compliance can be achieved.
- (d) **Promulgation of new standards; procedures—** Beginning six months after the operative date of this subchapter and from time to time thereafter, the [Secretary](/usc/30/802.md?p=a) of Health and Human Services shall establish, in accordance with the provisions of [section 811 of this title](/usc/30/811.md), a schedule reducing the [average concentration](#f) of respirable dust in the mine atmosphere during each shift to which each [miner](/usc/30/802.md?p=g) in the active workings is exposed below the levels established in this section to a level of personal exposure which will prevent new incidences of respiratory disease and the further development of such disease in any [person](/usc/30/802.md?p=f). Such schedule shall specify the minimum time necessary to achieve such levels taking into consideration present and future advancements in technology to reach these levels.
- (e) **Concentration of respirable dust—** References to concentrations of respirable dust in this subchapter mean the [average concentration](#f) of respirable dust measured with a device approved by the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services.
- (f) **Average concentration—** For the purpose of this subchapter, the term “average concentration” means a determination which accurately represents the atmospheric conditions with regard to respirable dust to which each [miner](/usc/30/802.md?p=g) in the active workings of a mine is exposed (1) as measured, during the 18 month period following December 30, 1969, over a number of continuous production shifts to be determined by the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, and (2) as measured thereafter, over a single shift only, unless the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services find, in accordance with the provisions of [section 811 of this title](/usc/30/811.md), that such single shift measurement will not, after applying valid statistical techniques to such measurement, accurately represent such atmospheric conditions during such shift.
- (g) **Compliance inspections—** The [Secretary](/usc/30/802.md?p=a) shall cause to be made such frequent spot inspections as he deems appropriate of the active workings of coal mines for the purpose of obtaining compliance with the provisions of this subchapter.
- (h) **Maintenance of respiratory equipment; substitutes for environmental controls—** Respiratory equipment approved by the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services shall be made available to all [persons](/usc/30/802.md?p=f) whenever exposed to concentrations of respirable dust in excess of the levels required to be maintained under this chapter. Use of respirators shall not be substituted for environmental control measures in the active workings. Each [operator](/usc/30/802.md?p=d) shall maintain a supply of respiratory equipment adequate to deal with occurrences of concentrations of respirable dust in the mine atmosphere in excess of the levels required to be maintained under this chapter.

# §843. Medical examinations

- (a) **Chest roentgenogram; availability; periodic intervals; other tests; transmittal of results; advice of rights—** The [operator](/usc/30/802.md?p=d) of a coal mine shall cooperate with the [Secretary](/usc/30/802.md?p=a) of Health and Human Services in making available to each [miner](/usc/30/802.md?p=g) working in a coal mine the opportunity to have a chest roentgenogram within eighteen months after December 30, 1969, a second chest roentgenogram within three years thereafter, and subsequent chest roentgenograms at such intervals thereafter of not to exceed five years as the [Secretary](/usc/30/802.md?p=a) of Health and Human Services prescribes. Each worker who begins work in a coal mine for the first time shall be given, as soon as possible after commencement of his employment, and again three years later if he is still engaged in coal mining, a chest roentgenogram; and in the event the second such chest roentgenogram shows evidence of the development of pneumoconiosis the worker shall be given, two years later if he is still engaged in coal mining, an additional chest roentgenogram. All chest roentgenograms shall be given in accordance with specifications prescribed by the [Secretary](/usc/30/802.md?p=a) of Health and Human Services and shall be supplemented by such other tests as the [Secretary](/usc/30/802.md?p=a) of Health and Human Services deems necessary. The films shall be read and classified in a manner to be prescribed by the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, and the results of each reading on each such [person](/usc/30/802.md?p=f) and of such tests shall be submitted to the [Secretary](/usc/30/802.md?p=a) and to the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, and, at the request of the [miner](/usc/30/802.md?p=g), to his physician. The [Secretary](/usc/30/802.md?p=a) shall also submit such results to such [miner](/usc/30/802.md?p=g) and advise him of his rights under this chapter related thereto. Such specifications, readings, classifications, and tests shall, to the greatest degree possible, be uniform for all coal mines and [miners](/usc/30/802.md?p=g) in such mines.
- (b) **Evidence of pneumoconiosis; option to transfer; wages—**
  - (1) On and after the operative date of this subchapter, any [miner](/usc/30/802.md?p=g) who, in the judgment of the [Secretary](/usc/30/802.md?p=a) of Health and Human Services based upon such reading or other medical examinations, shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any area of the mine, for such period or periods as may be necessary to prevent further development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 2.0 milligrams of dust per cubic meter of air.
  - (2) Effective three years after December 30, 1969, any [miner](/usc/30/802.md?p=g) who, in the judgment of the [Secretary](/usc/30/802.md?p=a) of Health and Human Services based upon such reading or other medical examinations, shows evidence of the development of pneumoconiosis shall be afforded the option of transferring from his position to another position in any area of the mine, for such period or periods as may be necessary to prevent further development of such disease, where the concentration of respirable dust in the mine atmosphere is not more than 1.0 millograms[^1] of dust per cubic meter of air, or if such level is not attainable in such mine, to a position in such mine where the concentration of respirable dust is the lowest attainable below 2.0 milligrams per cubic meter of air.
  - (3) Any [miner](/usc/30/802.md?p=g) so transferred shall receive compensation for such work at not less than the regular rate of pay received by him immediately prior to his transfer.
- (c) **Costs of examinations and tests—** No payment may be required of any [miner](/usc/30/802.md?p=g) in connection with any examination or test given him pursuant to this subchapter. Where such examinations or tests cannot be given, due to the lack of adequate medical or other necessary facilities or personnel, in the locality where the [miner](/usc/30/802.md?p=g) resides, arrangements shall be made to have them conducted, in accordance with the provisions of this subchapter, in such locality by the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, or by an appropriate [person](/usc/30/802.md?p=f), agency, or institution, public or private, under an agreement or arrangement between the [Secretary](/usc/30/802.md?p=a) of Health and Human Services and such [person](/usc/30/802.md?p=f), agency, or institution. The [operator](/usc/30/802.md?p=d) of the mine shall reimburse the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, or such [person](/usc/30/802.md?p=f), agency, or institution, as the case may be, for the cost of conducting each examination or test made, in accordance with this subchapter, and shall pay whatever other costs are necessary to enable the [miner](/usc/30/802.md?p=g) to take such examinations or tests.
- (d) **Autopsies—** If the death of any active [miner](/usc/30/802.md?p=g) occurs in any coal mine, or if the death of any active or inactive [miner](/usc/30/802.md?p=g) occurs in any other place, the [Secretary](/usc/30/802.md?p=a) of Health and Human Services is authorized to provide for an autopsy to be performed on such [miner](/usc/30/802.md?p=g), with the consent of his surviving widow or, if he has no such widow, then with the consent of his surviving next of kin. The results of such autopsy shall be submitted to the [Secretary](/usc/30/802.md?p=a) of Health and Human Services and, with the consent of such survivor, to the [miner](/usc/30/802.md?p=g)’s physician or other interested [person](/usc/30/802.md?p=f). Such autopsy shall be paid for by the [Secretary](/usc/30/802.md?p=a) of Health and Human Services.

# §844. Rock dust and gas hazards; controls


The dust resulting from drilling in rock shall be controlled by the use of permissible dust collectors, or by water or water with a wetting [agent](/usc/30/802.md?p=e), or by ventilation, or by any other method or device approved by the [Secretary](/usc/30/802.md?p=a) which is at least as effective in controlling such dust. Respiratory equipment approved by the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services shall be provided [persons](/usc/30/802.md?p=f) exposed for short periods to inhalation hazards from gas, dusts, fumes, or mist. When the exposure is for prolonged periods, other measures to protect such [persons](/usc/30/802.md?p=f) or to reduce the hazard shall be taken.


# §845. Dust standards in presence of quartz


In coal mining operations where the concentration of respirable dust in the mine atmosphere of any working place contains more than 5 per centum quartz, the [Secretary](/usc/30/802.md?p=a) of Health and Human Services shall prescribe an appropriate formula for determining the applicable respirable dust standard under this subchapter for such working place and the [Secretary](/usc/30/802.md?p=a) shall apply such formula in carrying out his duties under this subchapter.


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


On and after the operative date of this subchapter, the standards on noise prescribed under [chapter 65](/usc/41/chstII-ch65.md) of title 41, in effect October 1, 1969, shall be applicable to each coal mine and each [operator](/usc/30/802.md?p=d) of such mine shall comply with them. Within six months after December 30, 1969, the [Secretary](/usc/30/802.md?p=a) of Health and Human Services shall establish, and the [Secretary](/usc/30/802.md?p=a) shall publish, as provided in [section 811 of this title](/usc/30/811.md), 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](/usc/30/802.md?p=d) of each coal mine shall conduct, in a manner prescribed by the [Secretary](/usc/30/802.md?p=a) of Health and Human Services, tests by a qualified [person](/usc/30/802.md?p=f) of the noise level at the mine and report and certify the results to the [Secretary](/usc/30/802.md?p=a) and the [Secretary](/usc/30/802.md?p=a) of Health and Human Services. In meeting such standard under this section, the [operator](/usc/30/802.md?p=d) shall not require the use of any protective device or system, including personal devices, which the [Secretary](/usc/30/802.md?p=a) or his authorized representative finds to be hazardous or cause a hazard to the [miners](/usc/30/802.md?p=g) in such mine.