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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 30 U.S.C. § 826 Limitation on certain liability for rescue operations us united_states_code code_section 30 MINERAL LANDS AND MINING 22 MINE SAFETY AND HEALTH 826 30 U.S.C. § 826 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc30@119-100.zip /us/usc/t30/s826 data/legal/raw/us/code/title-30/usc30.xml ccf1b14eafcdcfaf0a131e017795ce34e9db9ab216bc6657fd4d412982f3df75 355f8eb5c6ad5372de4a8e665d9ed90202d53d2aac19ac001d43948af4a4dd2f 17dfdaa466b8dd9ca7e8c03329bbeb24c1e3cab8cf81c39d02c54984d7b1ae84 2026-07-04 official
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30 U.S.C. § 826 - Limitation on certain liability for rescue operations

Text

(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 employees legal or statutory employer pursuant to applicable State law.

(Pub. L. 91173, title I, § 116, as added Pub. L. 109236, § 3, June 15, 2006, 120 Stat. 496.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 91173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.