30 CFR § 43.5 - Action by the Secretary.

---
identifier: "/us/cfr/t30/s43.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "30 CFR § 43.5 - Action by the Secretary."
title_number: 30
title_name: "Mineral Resources"
section_number: "43.5"
section_name: "Action by the Secretary."
chapter_name: "MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR"
subchapter_number: "G"
subchapter_name: "FILING AND OTHER ADMINISTRATIVE REQUIREMENTS"
part_number: "43"
part_name: "PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 103(g), and 508, Federal Mine Safety and Health Act of 1977 Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1298 83 Stat. 803 (30 U.S.C. 813(g) and 957); sec. 307, Federal Mine Safety and Health Amendments Act of 1977, Pub. L. 95-164, 91 Stat. 1322 (30 U.S.C. 801 note)."
regulatory_source: "43 FR 29515, July 7, 1978, unless otherwise noted."
cfr_part: "43"
---


# 43.5 Action by the Secretary.

(a) As soon as possible after the receipt of a notice of alleged violation or imminent danger under this subpart, the Secretary or his authorized representative shall make a special inspection to determine if a citation or withdrawal order should be issued, unless on the face of the notice, the condition complained of, even if it were found to exist, would clearly not constitute a violation or imminent danger.

(b) Where the Secretary or his authorized representative makes a special inspection under this subpart and finds a violation or imminent danger, a citation or withdrawal order, as appropriate, shall be issued.