(1) Qualifying as a self-insurer or establishing a qualified self-insurance trust as provided in part 726 of this chapter; or
(2) Insuring and keeping insured the payment of such benefits with an authorized insurance carrier or fund in accordance with the provisions of part 726 of this subchapter.
(b) A coal mine construction or transportation employer which is not also a coal mine operator shall not be required to purchase insurance or qualify as a self-insurer in accordance with this part and part 726 of this subchapter. However, such employer shall be liable for the payment of benefits to any of its employees who are exposed to coal dust in the course of their employment, if eligibility is established under this part or part 727 of this subchapter and it is determined that such employer is a responsible operator within the meaning of this part. An employer other than a coal mine operator which may be liable for the payment of benefits under this part or part 727 of this subchapter shall take such action as may be appropriate to guarantee the discharge of such liability. In connection with the liability of an employer described in this paragraph, the deputy commissioner or other adjudication officer may require a deposit of security in accordance with 725.606. A coal mine construction or transportation employer which also operates a coal mine or coal preparation facility shall not be excused from its obligation to purchase insurance or self-insure its potential liability under the act with respect to all covered employees, as described in paragraph (a) of this section. Any attempt by a coal mine operator to alter its corporate structure or reassign employees within such structure for the purpose of avoiding the insurance obligations of the act shall be considered void for the purpose of determining whether such operator is in compliance with the insurance requirements of the act, or is the employer of such employees.