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

submitted 20 years ago by Pub. L. 91-173 to r/title-30-MINERAL-LANDS-AND-MINING · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person generally may not sue a mine-rescue volunteer or regular employer for property damage, injury, or death resulting from mine-accident rescue or recovery work. The protection does not cover gross negligence, reckless or illegal conduct, or the mine operator in the stated situation, and it does not override State workers' compensation laws.

(a) In general. No person may bring an action against a covered individual or that individual's regular employer for property damage or injury or death resulting from mine-accident rescue or recovery activities. This protection does not apply if the conduct was grossly negligent, reckless, or illegal, or if the regular employer, as used here, operates the mine where the rescue occurs. The section does not preempt State workers' compensation laws. (b) Covered individual. “Covered individual” means a person who (1) is on a mine-rescue team or otherwise volunteers for a mine accident and (2) performs mine-accident rescue or recovery activities. This section defines the term. (c) Regular employer. “Regular employer” means the entity that is the covered employee's legal or statutory employer under applicable State law. This section defines the term.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 91–173, title I, § 116, as added Pub. L. 109–236, § 3, June 15, 2006, 120 Stat. 496.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 91-173 · 120 Stat. 496

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-173 on 2006-06-15.

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