15 U.S. Code § 78m–2 - Reporting requirements regarding coal or other mine safety
(a)
Reporting mine safety information
Each issuer that is required to file reports pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 [15 U.S.C. 78m
(a), 78o
(d)] and that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall include, in each periodic report filed with the Commission under the securities laws on or after July 21, 2010, the following information for the time period covered by such report:
(1)
For each coal or other mine of which the issuer or a subsidiary of the issuer is an operator—
(A)
the total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) for which the operator received a citation from the Mine Safety and Health Administration;
(C)
the total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of such Act (30 U.S.C. 814
(d));
(D)
the total number of flagrant violations under section 110(b)(2) of such Act (30 U.S.C. 820
(b)(2));
(E)
the total number of imminent danger orders issued under section 107(a) of such Act (30 U.S.C. 817
(a));
(2)
A list of such coal or other mines, of which the issuer or a subsidiary of the issuer is an operator, that receive written notice from the Mine Safety and Health Administration of—
(b)
Reporting shutdowns and patterns of violations
Beginning on and after July 21, 2010, each issuer that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall file a current report with the Commission on Form
8–K (or any successor form) disclosing the following regarding each coal or other mine of which the issuer or subsidiary is an operator:
(1)
The receipt of an imminent danger order issued under section 107(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 817
(a)).
(2)
The receipt of written notice from the Mine Safety and Health Administration that the coal or other mine has—
(c)
Rule of construction
Nothing in this section shall be construed to affect any obligation of a person to make a disclosure under any other applicable law in effect before, on, or after July 21, 2010.
(d)
Commission authority
(1)
Enforcement
A violation by any person of this section, or any rule or regulation of the Commission issued under this section, shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder, consistent with the provisions of this section, and any such person shall be subject to the same penalties, and to the same extent, as for a violation of such Act or the rules or regulations issued thereunder.
(e)
Definitions
In this section—
(1)
the terms “issuer” and “securities laws” have the meaning given the terms in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c);
Source
(Pub. L. 111–203, title XV, § 1503,July 21, 2010, 124 Stat. 2218.)
References in Text
Such Act, referred to in subsecs. (a)(1)(F) and (e)(2), is the Federal Mine Safety and Health Act of 1977, Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which is classified principally to chapter 22 (§ 801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section
801 of Title
30 and Tables.
The Securities Exchange Act of 1934, referred to in subsec. (d)(1), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to this chapter. For complete classification of this Act to the Code, see section
78a of this title and Tables.
Codification
Section was enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and not as part of the Securities Exchange Act of 1934 which comprises this chapter.
Definitions
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