§ 933. Duties of operators in States not qualifying
under workmen's compensation laws
(a) Securing of benefits for miners; self-insurers; mutual
companies
During any period in which a State workmen's compensation law
is not included on the list published by the Secretary under
section 931(b) of
this title each operator of a coal mine in such State shall
secure the payment of benefits for which he is liable under
section 932 of
this title by (1) qualifying as a self-insurer in accordance with
regulations prescribed by the Secretary, or (2) insuring and
keeping insured the payment of such benefits with any stock
company or mutual company or association, or with any other
person or fund, including any State fund, while such company,
association, person or fund is authorized under the laws of any
State to insure workmen's compensation.
(b) Required provisions of insurance contracts
In order to meet the requirements of clause (2) of subsection
(a) of this section, every policy or contract of insurance must
contain -
(1) a provision to pay benefits required under section 932 of
this title, notwithstanding the provisions of the State workmen's
compensation law which may provide for lesser payments;
(2) a provision that insolvency or bankruptcy of the
operator or discharge therein (or both) shall not relieve the
carrier from liability for such payments; and
(3) such other provisions as the Secretary, by regulation,
may require.
(c) Cancellation of insurance contracts
No policy or contract of insurance issued by a carrier to
comply with the requirements of clause (2) of subsection (a) of
this subsection shall be canceled prior to the date specified in
such policy or contract for its expiration until at least thirty
days have elapsed after notice of cancellation has been sent by
registered or certified mail to the Secretary and to the operator
at his last known place of business.
(d) Penalties for failure to secure payment of benefits
(1) Any employer required to secure the payment of benefits
under this section who fails to secure such benefits shall be
subject to a civil penalty assessed by the Secretary of not more
than $1,000 for each day during which such failure occurs. In any
case where such employer is a corporation, the president,
secretary, and treasurer thereof also shall be severally liable
to such civil penalty as provided in this subsection for the
failure of such corporation to secure the payment of benefits.
Such president, secretary, and treasurer shall be severally
personally liable, jointly with such corporation, for any benefit
which may accrue under this subchapter in respect to any
disability which may occur to any employee of such corporation
while it shall so fail to secure the payment of benefits as
required by this section.
(2) Any employer of a miner who knowingly transfers, sells,
encumbers, assigns, or in any manner disposes of, conceals,
secrets, or destroys any property belonging to such employer,
after any miner employed by such employer has filed a claim under
this subchapter, and with intent to avoid the payment of benefits
under this subchapter to such miner or his or her dependents,
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $1,000, or by
imprisonment for not more than one year, or both. In any case
where such employer is a corporation, the president, secretary,
and treasurer thereof also shall be severally liable for such
penalty of imprisonment as well as jointly liable with such
corporation for such fine.
(3) This subsection shall not affect any other liability of
the employer under this part.
