30 U.S.C. § 938 - Miners suffering from pneumoconiosis; discrimination prohibited

• Cite as: 30 U.S.C. § 938

(a) Mine operators

No operator shall discharge or in any other way discriminate against any miner employed by him by reason of the fact that such miner is suffering from pneumoconiosis. No person shall cause or attempt to cause an operator to violate this section. For the purposes of this subsection the term "miner" shall not include any person who has been found to be totally disabled.

(b) Determination by Secretary; procedure

Any miner who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section, or any representative of such miner may, within ninety days after such violation occurs, apply to the Secretary for a review of such alleged discharge or discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to enable the parties to present information relating ...

(c) Costs and penalties

Whenever an order is issued under this subsection granting relief to a miner at the request of such miner, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary to have been reasonably incurred by such miner for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing the violation.

Cite as 30 U.S.C. § 938

Source: Pub. L. 91-173, title IV, §428, as added Pub. L. 92-303, §5(7), May 19, 1972, 86 Stat. 155; amended Pub. L. 95-251, §2(a)(9), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101-509, title V, §529 [title I, §104(d)(3)], Nov. 5, 1990, 104 Stat. 1427, 1447.