§ 933. Duties of operators in States not qualifying under workmen’s compensation laws

Footnotes

1. 1 So in original. Probably should be “section”.
2. 2 So in original. Probably should be “secretes,”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1969

   Federal Coal Mine Health and Safety Act of 1969

   Pub. L. 91–173 title IV § 423 · 83 Stat. 742

   Enacted · 30 U.S.C. § 933

   Pub. L. 91–173, title IV, § 423, Dec. 30, 1969, 83 Stat. 797

   Source evidence

   Code source credit
   Pub. L. 91–173, title IV, § 423, Dec. 30, 1969, 83 Stat. 797

   Enacted provision · exact public law section
   Sec. 423. (a) During any period in which a State workmen’s compensation Insurance provisions. law is not included on the list published by the Secretary under section 421(b) each operator of an underground coal mine in such State shall secure the payment of benefits for which he is liable under section 422 by (1) qualifying as of self-insurer in accordance with regulations prescribed by the Secretary, or (2) insuring and keeping insured the payment of such benefits with any stock company or mutual company or association, or with any other person or fund, including any State fund, while such company, association, person or fund is authorized under the laws of any State to insure workmen’s compensation. (b) In order to meet the requirements of clause (2) of subsection (a) of this section, every policy or contract of insurance must contain— (1) a provision to pay benefits required under section 422, notwithstanding the provisions of the State workmen’s compensation law which may provide for lesser payments; (2) a provision that insolvency or bankruptcy of the operator or discharge therein (or both) shall not relieve the carrier from liability for such payments; and (3) such other provisions as the Secretary, by regulation, may require. (c) No policy or contract of insurance issued by a carrier to comply with the requirements of clause (2) of subsection (a) of this subsection shall be canceled prior to the date specified in such policy or contract for its expiration until at least thirty days have elapsed after notice of cancellation has been sent by registered or certified mail to the Secretary and to the operator at his last known place of business.

2. 1972

   Black Lung Benefits Act of 1972

   Pub. L. 92–303 § 3(b) · 86 Stat. 150

   Substituted · 30 U.S.C. § 933(a)

   Pub. L. 92–303 substituted “a coal mine” for “an underground coal mine”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–303 substituted “a coal mine” for “an underground coal mine”.

   Enacted provision · exact public law section
   (b) Sections 402(b), 402(d), 422(a), and 423(a) of such Act are each amended by striking out “an underground” and inserting “a” in lieu thereof.

3. 1978

   Pub. L. 95–239 § 8 · 92 Stat. 95

   Added · 30 U.S.C. § 933(d)

   Pub. L. 95–239 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–239 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 8. penalties for failure to secure payment of benefits Section 423 of the Act is amended by adding at the end thereof the following new subsection: “(d) (1) Any employer required to secure the payment of benefits under this section who fails to secure such benefits shall be subject to a civil penalty assessed by the Secretary of not more than $1,000 for each day during which such failure occurs. In any case where such employer is a corporation, the president, secretary, and treasurer t hereof also shall be severally liable to such civil penalty as provided in this subsection for the failure of such corporation to secure the payment of benefits. Such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any benefit which may accrue under this title in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section. “(2) Any employer of a miner who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secrets, or destroys any property belonging to such employer, after any miner employed by such employer has filed a claim under this title, and with intent to avoid the payment of benefits under this title to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable for such penalty of imprisonment as well as jointly liable with such corporation for such fine. “(3) This subsection shall not affect any other liability of the employer under this part.”.

   Effective date note
   Amendment by Pub. L. 95–239 effective Mar. 1, 1978, see section 20(a) of Pub. L. 95–239, set out as a note under section 901 of this title.

3 of 3 references resolved to an enrolled provision