Sec. 508. Certification of personnel
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/bill/113/hr/1373/ih/section-508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title I is further amended by adding at the end the following: Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or approval to perform such duties or provide such training consistent with the requirements of this section.
Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall issue mandatory standards to establish— requirements for such certification, registration, qualification, or other approval, including the experience, examinations, and references that may be required as appropriate; time limits for such certifications and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that the Secretary (or a State agency, as applicable) responds to requests for revocation and that the names of individuals whose certification or other approval has been revoked are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database.
In developing such standards, the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph
(1)shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection
(a)if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund the certification programs established under this section. Amounts collected as provided in paragraph
(1)shall only be available to the Secretary, as provided in paragraph (3), for making expenditures to carry out the certification programs established under this subsection. In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph
(1)an amount equal to the total amount of fees collected under paragraph
(1)during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date such regular appropriation is enacted. Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Mine Safety and Health Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. Any operator who permits a person to perform any of the health or safety related functions described in subsection
(a)without a current certification which meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that the miner be withdrawn or reassigned to duties that do not require such certification. . Section 318 (30 U.S.C. 878) is amended— by striking subsections
(a)and (b); in subsection (c), by redesignating paragraphs
(1)through
(3)as subparagraphs
(A)through (C), respectively; in subsection (g), by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively; and by redesignating subsections
(c)through
(j)as paragraphs
(1)through (8), respectively.
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Sec. 508
Certification of personnel
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