30 U.S.C. § 933 — Duties of operators in States not qualifying under workmen’s compensation laws

(a) During any period when a state workers-compensation law is not on the Secretary’s section 931(b) list, each coal-mine operator in that state must secure benefits owed under section 932 by (1) qualifying as a self-insurer under the Secretary’s regulations, or (2) insuring the benefits with an authorized stock company, mutual company or association, person, or fund, including a state fund. (b) Each insurance policy or contract must include: (1) payment of section 932 benefits even if state law provides smaller payments; (2) a provision that the operator’s insolvency, bankruptcy, or discharge does not release the carrier from liability; and (3) other provisions required by Secretary regulation. (c) A carrier may not cancel such a policy before its stated expiration date until 30 days after sending cancellation notice by registered or certified mail to the Secretary and the operator’s last known business address. (d)(1) An employer required to secure benefits that fails to do so may receive a civil penalty from the Secretary of up to $1,000 for each day of failure. If the employer is a corporation, its president, secretary, and treasurer are each separately liable for that penalty. They are also personally liable together with the corporation for benefits that become payable for a disability occurring to an employee of that corporation while the corporation fails to secure benefits. (2) An employer of a miner commits a misdemeanor if, after any miner employed by that employer has filed a claim under this subchapter, the employer knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretly keeps, or destroys any property belonging to that employer, intending to avoid paying benefits under this subchapter to that miner or the miner’s dependents. On conviction, the punishment is a fine up to $1,000, imprisonment up to one year, or both. If the employer is a corporation, its president, secretary, and treasurer are separately liable for the imprisonment penalty and jointly liable with the corporation for the fine. (3) This subsection does not change any other employer liability under this part.