---
kind: "section"
citation: "30 U.S.C. § 817"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "817"
heading: "Procedures to counteract dangerous conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/817"
units:
  - "Chapter 22 — Mine Safety and Health"
  - "Subchapter I — General"
---

# §817. Procedures to counteract dangerous conditions

- (a) **Withdrawal orders—** If, upon any inspection or investigation of a [coal or other mine](/usc/30/802.md?p=h-1) which is subject to this chapter, an authorized representative of the [Secretary](/usc/30/802.md?p=a) finds that an [imminent danger](/usc/30/802.md?p=j) exists, such representative shall determine the extent of the area of such mine throughout which the danger exists, and issue an order requiring the [operator](/usc/30/802.md?p=d) of such mine to cause all [persons](/usc/30/802.md?p=f), except those referred to in [section 814(c) of this title](/usc/30/814.md?p=c), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the [Secretary](/usc/30/802.md?p=a) determines that such [imminent danger](/usc/30/802.md?p=j) and the conditions or practices which caused such [imminent danger](/usc/30/802.md?p=j) no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under [section 814 of this title](/usc/30/814.md) or the proposing of a penalty under [section 820 of this title](/usc/30/820.md).
- (b) **Notice to mine operators; further investigation; findings and decision by Secretary—**
  - (1) If, upon any inspection of a [coal or other mine](/usc/30/802.md?p=h-1), an authorized representative of the [Secretary](/usc/30/802.md?p=a) finds (A) that conditions exist therein which have not yet resulted in an [imminent danger](/usc/30/802.md?p=j), (B) that such conditions cannot be effectively abated through the use of existing technology, and (C) that reasonable assurance cannot be provided that the continuance of mining operations under such conditions will not result in an [imminent danger](/usc/30/802.md?p=j), he shall determine the area throughout which such conditions exist, and thereupon issue a notice to the [operator](/usc/30/802.md?p=d) of the mine or his [agent](/usc/30/802.md?p=e) of such conditions, and shall file a copy thereof, incorporating his findings therein, with the [Secretary](/usc/30/802.md?p=a) and with the representative of the [miners](/usc/30/802.md?p=g) of such mine. Upon receipt of such copy, the [Secretary](/usc/30/802.md?p=a) shall cause such further investigation to be made as he deems appropriate, including an opportunity for the [operator](/usc/30/802.md?p=d) or a representative of the [miners](/usc/30/802.md?p=g) to present information relating to such notice.
  - (2) Upon the conclusion of an investigation pursuant to [paragraph (1)](#b-1), and an opportunity for a public hearing upon request by any interested party, the [Secretary](/usc/30/802.md?p=a) shall make findings of fact, and shall by decision incorporating such findings therein, either cancel the notice issued under this subsection or issue an order requiring the [operator](/usc/30/802.md?p=d) of such mine to cause all [persons](/usc/30/802.md?p=f) in the area affected, except those [persons](/usc/30/802.md?p=f) referred to in subsection (c) of [section 814 of this title](/usc/30/814.md) to be withdrawn from, and be prohibited from entering, such area until the [Secretary](/usc/30/802.md?p=a), after a public hearing affording all interested [persons](/usc/30/802.md?p=f) an opportunity to present their views, determines that such conditions have been abated. Any hearing under this paragraph shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md).
- (c) **Form and content of orders—** Orders issued pursuant to [subsection (a)](#a) shall contain a detailed description of the conditions or practices which cause and constitute an [imminent danger](/usc/30/802.md?p=j) and a description of the area of the [coal or other mine](/usc/30/802.md?p=h-1) from which [persons](/usc/30/802.md?p=f) must be withdrawn and prohibited from entering.
- (d) **Findings; duration of orders—** Each finding made and order issued under this section shall be given promptly to the [operator](/usc/30/802.md?p=d) of the [coal or other mine](/usc/30/802.md?p=h-1) to which it pertains by the [person](/usc/30/802.md?p=f) making such finding or order, and all of such findings and orders shall be in writing, and shall be signed by the [person](/usc/30/802.md?p=f) making them. Any order issued pursuant to [subsection (a)](#a) may be modified or terminated by an authorized representative of the [Secretary](/usc/30/802.md?p=a). Any order issued under subsection [(a)](#a) or [(b)](#b) shall remain in effect until vacated, modified, or terminated by the [Secretary](/usc/30/802.md?p=a), or modified or vacated by the [Commission](/usc/30/802.md?p=o) pursuant to [subsection (e)](#e), or by the courts pursuant to [section 816(a) of this title](/usc/30/816.md?p=a).
- (e) **Reinstatement, modification, and vacatur of orders—**
  - (1) Any [operator](/usc/30/802.md?p=d) notified of an order under this section or any representative of [miners](/usc/30/802.md?p=g) notified of the issuance, modification, or termination of such an order may apply to the [Commission](/usc/30/802.md?p=o) within 30 days of such notification for reinstatement, modification or vacation of such order. The [Commission](/usc/30/802.md?p=o) shall forthwith afford an opportunity for a hearing (in accordance with [section 554 of title 5](/usc/5/554.md) but without regard to [subsection (a)(3)](/usc/30/554.md) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the [Secretary](/usc/30/802.md?p=a)’s order. The [Commission](/usc/30/802.md?p=o) and the courts may not grant temporary relief from the issuance of any order under [subsection (a)](#a).
  - (2) The [Commission](/usc/30/802.md?p=o) shall take whatever action is necessary to expedite proceedings under this subsection.

## Source credit

(Pub. L. 91–173, title I, § 107, Dec. 30, 1969, 83 Stat. 755; Pub. L. 95–164, title II, § 201, Nov. 9, 1977, 91 Stat. 1307.)

## Notes

### Editorial Notes

### References in Text

This 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.

### Amendments

1977—Pub. L. 95–164 substituted provisions relating to the procedures to be followed to counteract dangerous conditions in coal or other mines for provisions relating to the posting of notices, orders, and decisions at coal mines, see section 819 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of this title.

### Effective Date

Section operative 90 days 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.