Page:United States Statutes at Large Volume 91.djvu/1335

 PUBLIC LAW 95-164—NOV. 9, 1977

91 STAT. 1301

" (c) The following persons shall not be required to be withdrawn Exempt persons from, or prohibited from entering, any area of the coal or other mine subject to an order issued under this section: "(1) any person whose presence in such area is necessary, in the judgment of the operator or an authorized representative of the Secretary, to eliminate the condition described in the order; " (2) any public official whose official duties require him to enter such area; "(3) any representative of the miners in such minie who is, in the judgment of the operator or an authorized representative of the Secretary, qualified to make such mine examinations or who is accompanied by such a person and whose presence in such area is
 * necessary for the investigation of the conditions described in the

order; and " (4) any consultant to any of the foregoing. "(d)(1) If, upon any inspection of a coal or other mine, an author- Violations, ized representative of the Secretary finds that there has been a viola- findings. tion of any mandatory health or safety standard, and if he also finds that, while the conditions created by such violation do not cause imminent danger, such violation is of such nature as could significantly and substantially contribute to the cause and effect of a coal or othet mine safety or health hazard, and if he finds such violation to be caused by an unwarrantable failure of such operator to comply with such mandatory health or safety standards, he shall include such finding in any citation given to the operator under this Act. If, during the same Withdrawal inspection or any subsequent inspection of such mine within 90 days orders. after the issuance of such citation, an authorized representative of the Secretary finds another violation of any mandatory health or safety standard and finds such violation to be also caused by an unwarrantable failure of such operator to so comply, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c) to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such violation has been abated. " (2) If a withdrawal order with respect to any area in a coal or other mine has been issued pursuant to paragraph (1), a withdrawal order shall promptly be issued by an authorized representative of the Secretary who finds upon any subsequent inspection the existence in such mine of violations similar to those that resulted in the issuance of the withdrawal order under paragraph (1) until such time as an inspection of such mine discloses no similar violations. Following an inspection of such mine which discloses no similar violations, the provisions of paragraph (1) shall again be applicable to that mine. "(e)(1) If an operator has a pattern of violations of mandatory Pattern of health or safety standards in the coal or other mine which are of such violations, notice. nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards, he shall be given written notice that such pattern exists. If j upon any inspec- Withdrawal tion within 90 days after the issuance of such notice, an authorized order. representative of the Secretary finds any violation of a mandatory health or safety standard which could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard, the authorized representative shall issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection (c), to be withdrawn from, and to be prohibited from entering, such area until

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