PUBLIC LAW 95-164—NOV. 9, 1977
91 STAT. 12:93
"(4)(A) Within 90 days after certification of the record of the Standards. hearing held pursuant to paragraph (3), the Secretary shall by rule promulgate, modify, or revoke such mandatory health or safety standards, and publish his reasons therefor. "(B) In the case of a proposed mandatory health or safety standard to which objections requesting a public hearing have not been filed, the Secretary, within 90 days after the period for filing such objections has expired, shall by rule promulgate, modify, or revoke such mandatory standards, and publish his reasons therefor. "(C) In the event the Secretary determines that a proposed mandatory health or safety standard should not be promulgated he shall, within the times specified in subparagraphs (A) and (B) publish his reasons for his determination. "(5) Any mandatory health or safety standard promulgated as a final rule under this section shall be efi^ective upon publication in the Federal Register unless the Secretary specifies a later date. "(6)(A) The Secretary, in promulgating mandatory standards Toxic materials dealing with toxic materials or harmful physical agents under this sub- or harmful section, shall set standards which most adequately assure on the basis physical agents, standards of the best available evidence that no miner will suffer material impair- development. ment of health or functional capacity even if such miner has regular exposure to the hazards dealt with by such standard for the period of his working life. Development of mandatory standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the miner, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the mandatory health or safety standard promulgated shall be expressed in terms of objective criteria and of the performance desired. "(B) The Secretary of Health, Education, and Welfare, as soon as Toxicity possible after the date of enactment of the Federal Mine Safety and determination by Health Amendments Act of 1977 but in no event later than 18 months HEW Secretary. after such date and on a continuing basis thereafter, shall, for each toxic material or harmful physical agent which is used or found in a mine, determine whether such material or agent is potentially toxic at the concentrations in which it is used or found in a mine. The Secre- Submittal to tary of Health, Education, and Welfare shall submit such determina- Interior tions with respect to such toxic substances or harmful physical agents Secretary. to the Secretary. Thereafter, the Secretary of Health, Education, and Criteria. Welfare shall submit to the Secretary all pertinent criteria regarding any such substances determined to be toxic or any such harmful agents as such criteria are developed. Within 60 days after receiving Referral to any criteria in accordance with the preceding sentence relating to advisory a toxic material or harmful physical agent which is not adequately committee. covered by a mandatory health or safety standard promulgated under this section, the Secretary shall either appoint an advisory committee to make recommendations with respect to a mandatory health or safety standard covering such material or agent in accordance with paragraph (1), or publish a proposed rule promulgating such a mandatory health or safety standard in accordance with paragraph (2), or shall publish his determination not to do so. "(7) Any mandatory health or safety standard promulgated under Warning labels, this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that miners are apprised of all hazards to which they are exposed, relevant symptoms and appro-
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