dissenting:
As the following passage makes clear, Congress intended to protect the health and safety of a precious national resource, the miner, when it enacted the Federal Mine Safety and Health Act of 1977.1 It is equally obvious that Congress intended the protections to apply to all miners whether they were employed by corporations, partnerships, or sole proprietorships. 30 USC § 801 states:
Congressional findings and declaration of purpose
Congress declares that—
(a) the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource — the miner;
(b) deaths and serious injuries from unsafe and unhealthful conditions and practices in the coal or other mines cause grief and suffering to the miners and to their families;
(c) there is an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation’s coal or other mines in order to prevent death and serious physical harm;
(d) the existence of unsafe and unhealthful conditions and practices in the Nation’s coal or other mines is a serious impediment to the future growth of the coal or other mining industry and cannot be tolerated;
(e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions and practices in such mines;
(f) the disruption of production and the loss of income to operators and miners as a result of coal or other mine accidents or occupationally caused diseases unduly impedes and burdens commerce; and
(g) It is the purpose of this chapter (1) to establish interim mandatory health and safety standards and to direct the Secretary of Health and Human Services and the Secretary of Labor to develop and promulgate improved mandatory health or safety standards to protect the health and safety of the Nation’s coal or other *635miners; (2) to require that each operator of a coal or other mine and every miner in such mine comply with such standards; (3) to cooperate with, and provide assistance to, the States in the development and enforcement of effective State coal or other mine health and safety programs; and (4) to improve and expand, in cooperation with the States and the coal or other mining industry, research and development and training programs aimed at preventing coal or other mine accidents and occupationally caused diseases in the industry.
As amended Pub.L. 95-164, Title I, § 102(a), Nov. 9, 1977, 91 Stat. 1290. (Emphasis supplied)
I am well aware that when neither a suspect class nor a fundamental right is involved, courts will conduct a generally relaxed inquiry into allegations that a particular statute violates the equal protection provisions of the Constitution, and will defer to the Congress if the classification rationally furthers the purpose identified by the legislature. However, I find that Section 820(c) of the Act does not withstand even minimal scrutiny as the classification involved is both arbitrary and contrary to Congressional intent. See Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 96 S.Ct. 2562, 49 L.Ed.2d 520 (1976).
For the same reasons expressed by Chairman Backley of the Federal Mine Safety and Health Commission, I conclude that establishing personal liability for one classification of wrongdoers, (the corporate agent), while exculpating another (the non-corporate agent), does not rationally further Congress’ stated purpose to protect all miners and to assure that all mine operators and miners comply with health and safety standards. Safety in the mine does not depend upon the legal status of the agent who violates the Act, but is logically a function of the actions and decision-making of the violator. Consequently, a statute which artificially distinguishes between categories of wrongdoers, imposing liability solely because of the organizational structure of their employers, rather than focusing upon the violations involved, does not rationally further either a health or safety objective or the expressed legislative purpose as defined by the statute. Therefore, I respectfully dissent and would reverse the decision of the Commission.
. The Federal Coal Mine Health and Safety Act of 1969, 30 USC § 801, et seq. (1976) (The Coal Act) was amended and renamed the Federal Mine Safety and Health Act of 1977 (The Mine Act) 30 USC § 801 et seq. Section 110(c) of the Mine Act, 30 USC § 820(c) is identical with Section 109(c) of the Coal Act which was in effect when the violation at issue took place.