2014 US Code
Title 30 - Mineral Lands and Mining (Sections 1 - 2006)
Chapter 22 - Mine Safety and Health (Sections 801 - 966)
Subchapter I - General (Sections 811 - 826)
Sec. 826 - Limitation on certain liability for rescue operations
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 30 - MINERAL LANDS AND MINING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 30 - MINERAL LANDS AND MINING CHAPTER 22 - MINE SAFETY AND HEALTH SUBCHAPTER I - GENERAL Sec. 826 - Limitation on certain liability for rescue operations |
Contains | section 826 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 91-173, title I, §116, as added Pub. L. 109-236, §3, June 15, 2006, 120 Stat. 496. |
Statutes at Large References | 83 Stat. 742 120 Stat. 496 |
Public and Private Laws | Public Law 91-173, Public Law 109-236 |
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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) Covered individualFor 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) Regular employerFor 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.
(Pub. L. 91–173, title I, §116, as added Pub. L. 109–236, §3, June 15, 2006, 120 Stat. 496.)
REFERENCES IN TEXTThis 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.
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