30 U.S.C. · Mineral Lands and Mining
30 U.S.C. § 826

Limitation on certain liability for rescue operations

Ch. 22 — MINE SAFETY AND HEALTH
Title 30 U.S.C. ● ACTIVE Primary Source Ch. 22
Statutory Text

30 U.S.C. § 826 — Limitation on certain liability for rescue operations

U.S.C. Title 30 - MINERAL LANDS AND MINING 30 U.S.C. United States Code, 2023 Edition Title 30 - MINERAL LANDS AND MINING CHAPTER 22 - MINE SAFETY AND HEALTH SUBCHAPTER I - GENERAL Sec. 826 - Limitation on certain liability for rescue operations From the U.S. Government Publishing Office, www.gpo.gov

§826. Limitation on certain liability for rescue operations

(a) In general 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 individual For 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 employer For 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.)

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.

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The statutory text of 30 U.S.C. § 826 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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