Federal Mine Safety and Health Act Amendments of 1982

Federal Mine Safety and Health Act Amendments of 1982 - Amends the Federal Mine Safety and Health Act of 1977 to exclude from the definition of the term "operator" any State or locality. Revises the definition of a "miner" to mean any individual who is employed for the primary purpose of working in a coal or other mine. Excludes from the definition of "coal or other mine" the surface mining of sand, gravel, stone, clay, or colloidal phosphate. Provides that an independent contractor shall not be considered to be an agent of the mine operator. Defines "construction contractor" as any independent contractor: (1) whose primary business is in the contract construction industry; (2) who is engaged by an operator to construct, repair, or alter the structures, facilities, utilities, or roads of a mine; and (3) whose employees are not associated with any mining activity. Defines a "significant and substantial violation" as a violation of the Act or any mandatory health or safety standard that constitutes a hazardous condition or practice which could reasonably be expected to cause death or serious physical harm. Defines an "unwarrantable failure" as any act of gross negligence which could reasonably be expected to create a hazardous condition which could reasonably be expected to cause death or serious physical harm. Excludes from the provisions of the Act any coal or other mine if each individual engaged in working at such mine owns or controls at least ten percent of the assets associated with such mine. Requires the Secretary of Labor to develop, promulgate, or revise mandatory health or safety standards in accordance with specified provisions of Federal law concerning rulemaking which relate to hearings, presiding employees, burden of proof, evidence, and initial decisions if significant interest is shown by individuals to be affected by the standards. Requires that the Secretary appoint one or more individuals qualified by experience and affiliation to present the viewpoint of operators and one or more individuals qualified by experience and affiliation to present the viewpoint of miners to the advisory committee on coal or other mine safety research. Authorizes the Secretary to make inspections in coal or other mines (currently the Secretary is required to make frequent inspections). Requires that all inspections focus primarily upon an examination of any safety or health problem identified during any previous inspection. Requires that the number of mine inspectors equal at least one-third the number of underground coal mines inspected annually. Directs the Secretary to issue a notice of violation if the Secretary has reasonable cause to believe that a mine operator has violated the Act of any regulation issued pursuant to the Act. Directs the Secretary to issue a citation if there is a significant and substantial violation. Directs the Secretary to assess a civil penalty of up to $10,000 on any mine operator who has a pattern of violations which is the subject of a withdrawal order. States that violations of mandatory health or safety standards constitute a pattern of violations if: (1) each violation is significant and substantial; (2) the violations occur during a 12 month period and are chronic and habitual; and (3) each violation involves the same or substantially similar mandatory health or safety standard. Strikes a provision which prohibited temporary relief in the case of a citation issued because of the violation of any mandatory health or safety standard or because the respirable dust concentration limit has been exceeded. Requires the Secretary or any individual seeking judicial review of an order of the Federal Mine Safety and Health Commission to seek a review within 60 days (currently 30) of the order. Requires a construction contractor to notify the Occupational Safety and Health Administration whenever any construction activity is undertaken at a mine. Requires that any penalty to be assessed in any case in which an agent or other representative of an operator violates provisions of the Act relating to interference with a miner's statutory rights be assessed directly against the mine operator. Increases the penalty applicable to a miner who violates safety regulations relating to smoking. Requires any individual adversely affected by a decision of an administrative law judge appointed by the Federal Mine Safety and Health Review Commission who seeks a review (currently the review is discretionary with the Commission) of the decision by the Commission to file for review within 60 days (currently 30) of the decision. Requires surface mine operators to include hazardous recognition training in their health and safety training programs. Provides that on the job training shall be included in determining the number of hours of training that miners have received. Permits approval of an operator's health and safety training program if it is at least as effective as the training required by the Act. Authorizes the Secretary, upon receiving a voluntary request from a mine operator, to visit any mine to consult with and advise the operator. Requires the Secretary to give prior notice to an operator of such a visit. Prohibits the issuance of a citation upon such a visit, except if there is an imminent danger. Directs the Secretary, if the Secretary upon conducting such a visit has reasonable cause to believe that an operator has violated the Act, to issue a written notice to an operator which sets a reasonable time to abate the violation. Permits any State agency to assert jurisdiction under State law over any mine safety or health issue with respect to which there is no standard under the Act. Authorizes any State which wants to assume responsibility for the development and enforcement of mine safety and health standards, for which there is already a Federal standard, to submit a State plan for the development of such standards to the Secretary for approval. Directs the Secretary to approve such a plan if the standards and the ability to enforce the standards are at least as effective as the Federal standards and the Federal ability to enforce standards. Requires the Secretary to give a State the opportunity to correct any deficiencies in a rejected plan. Directs the Secretary to make a continuing evaluation of the manner in which a State carries out its plan. Authorizes the Secretary to withdraw approval of a State plan if the State is not in compliance with its plan. Authorizes a State to seek a review of the Secretary's withdrawal of approval in the appropriate United States court of appeals. Authorizes the Secretary to make grants to a State of up to 50 percent of the State's cost of the program to assist the State in administering and enforcing the State plan. Prohibits funds paid pursuant to this Act to any public or private agency, organization, or individual from being used to pay for any service designed to influence any elected Federal, State, or local official.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on June 9, 1982. It describes the bill, it is not the legal text.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.