Miner’s Rights

Rights & Responsibilities Under the Mine Safety & Health Act of 1977

Miners Rights

Miner’s Rights

Some Definitions“Miner” – Anyone working in a mine.

“Representative of Miners” – a person chosen to represent miners in safety and health matters.

“Agent of the Company” –any person charged with responsibility for the operation of all or a part of a mine. It also means any person charged with the supervision of the miners or who directs the workforce (including hourly employees who direct the workforce).

Miner’s Rights

Rights Applicable to All Miners

Protection against Discrimination. Participation in MSHA Inspections. Obtaining an MSHA Mine Inspection.Pay during Mine Withdrawals.Contesting Enforcement Actions.Receiving Safety & Health Training.Health Protection RightsBeing informed of, and participating in, standards and enforcement of the Act.

Miner’s Rights

Protection against Discrimination

Miners cannot be fired, harassed, refused employment, or transferred to a lower paying job because they exercised rights under the Act such as (but not limited to) the following:

Filing a complaint under the Act of an alleged safety/health violation.Instituting, testifying or assisting in any legal proceedings under the Act.Getting a medical evaluation that indicates a need for changing jobs or job location.Refusing to work (or was withdrawn) because proper safety & health training was not received.

Miner’s Rights

Discrimination (Continued)

Supervisors: Please Note!Congress intended the Mine Act to protect workers who, in good faith, refuse to work in unsafe or unhealthy conditions.

It also protects workers who refuse to comply when ordered by a supervisor to violate a health or safety standard.

Miner’s Rights

Participation in MSHA Inspections

The Act gives miners an opportunity to participate in mine inspections.

If no worker decides to participate, the inspector will consult with a reasonable number of workers.

Workers have a right to pay when participating in an inspection.

Miner’s Rights

Before asking MSHA for a Mine Inspection, have you…

Tried to fix the safety problem yourself?Reported it to your supervisor?Tried all of your company’s in-house procedures for solving safety problems (Take 5!, Refusal to Work)?

Miner’s Rights

Contesting Enforcement Actions

Miners can get copies of all citations, orders, and penalty assessments.

Miners have 10 days within which to request a conference with the District manager.

Miners have 30 days within which to notify MSHA of a challenge.

Miner’s Rights

Training – Part 46 and 48

Training is done during working hours.During training, trainees are paid at their regular rate.Miners will have all training plans made available to them for comments:

Part 48 - 2 weeks prior to the plan being sent to MSHA for approval.Part 46 – 2 weeks prior to training taking place.

Miner’s Rights

Health Protection Rights

Exposure to Toxic Materials or Harmful Agents including:

DustNoise

Miner’s Rights

Rights - New & Revised Standards

Miners or their representatives may comment on or object to proposed standards or regulations.

Miners may challenge a new standard prior to the 60th day after it is published in the Federal Register.

Miners can propose alternatives to a standard if it has at least the same measure of protection as the original standard.

Miner’s Rights

Your rights to Information

General Access to Information.Exposure to Toxic/Harmful Agents.Records of Accidents and Investigations.Notice of Proposed Civil Penalty.Posting Documents at a Mine.

Miner’s Rights

Your Legal Responsibilities

Smoking prohibited-110(g)Smoking in areas posted ‘No Smoking” for fire and explosion hazards.Mine Operator must post these areas

False Statements & Representations 110(f)Includes applications, records, reports training certificates or any other document required to be kept of filed with MSHA