{"identifier":"/us/usc/t30/s826","title":30,"num":"\u00a7\u202f826.","heading":"Limitation on certain liability for rescue operations","text":"\u00a7\u202f826.\nLimitation on certain liability for rescue operations\n(a)\nIn general\nNo 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\u2019 compensation laws.\n(b)\nCovered individual\nFor purposes of subsection (a), the term \u201ccovered individual\u201d means an individual\u2014\n(1) who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and\n(2) who is carrying out activities relating to mine accident rescue or recovery operations.\n(c)\nRegular employer\nFor purposes of subsection (a), the term \u201cregular employer\u201d means the entity that is the covered employee\u2019s legal or statutory employer pursuant to applicable State law.","url":"https://projectusc.org/usc/t30/s826.html","content":[{"t":"sec","id":"/us/usc/t30/s826","children":[{"t":"num","text":"\u00a7\u202f826."},{"t":"heading","text":"Limitation on certain liability for rescue operations"},{"t":"subsec","id":"/us/usc/t30/s826/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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\u2019 compensation laws.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t30/s826/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Covered individual"},{"t":"chapeau","text":"For purposes of subsection (a), the term \u201ccovered individual\u201d means an individual\u2014"},{"t":"para","id":"/us/usc/t30/s826/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t30/s826/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" who is carrying out activities relating to mine accident rescue or recovery operations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t30/s826/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Regular employer"},{"t":"content","children":[{"t":"p","text":"For purposes of subsection (a), the term \u201cregular employer\u201d means the entity that is the covered employee\u2019s legal or statutory employer pursuant to applicable State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}