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Miners Rights. Rights & Responsibilities Under the Mine Safety & Health Act of 1977. Safety & Health Training Program. Introduction. This program is a summary of Rights & Responsibilities granted to Miners, Job Applicants, & Miner’s Representatives under the Mine Safety & Health Act.

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miners rights
Miners Rights

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

Safety & Health Training Program

  • This program is a summary of Rights & Responsibilities granted to Miners, Job Applicants, & Miner’s Representatives under the Mine Safety & Health Act.
  • This program is only a summary, and must not be considered an official statement of law.
some definitions
Some Definitions
  • “Miner” – Anyone working in a mine.
  • “Representative of Miners” – a person chosen to represent miners in safety & 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).
rights applicable to all miners
Rights Applicable to All Miners
  • Protection against Discrimination.
  • Participation in MSHA Inspections.
  • Obtaining an MSHA Mine Inspection.
  • Pay during Mine Withdrawals.
  • Contesting Enforcement Actions.
  • Getting Proper Safety & Health Training.
  • Health Protection Rights
  • Being informed of, and participating in, standards and enforcement of the Act.
protection against discrimination
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    • Refusing to work (or was withdrawn) because proper safety & health training was not received.
discrimination continued
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.

Know your Standards!

participation in msha inspections
Participation in MSHA Inspections
  • The Act gives miners (and their reps.) 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.
before asking msha for a mine inspection have you
Before asking MSHA for a Mine Inspection, have you…
  • Tried to fix the safety problem yourself?
  • Reported it to your supervisor?
  • Reported it to your Miner’s Rep.?
  • Tried all of your company’s in-house procedures for solving safety problems?

Contact MSHA when ‘In-House’ procedures fail.

obtaining an msha mine inspection
Obtaining an MSHA Mine Inspection
  • General Notice.
    • Can be given orally or in writing.
    • Can be done anonymously.
  • Section 103(g) Notification.
    • Must be in writing.
  • Names of miners making requests for inspection are considered confidential.
pay for miners idled by a withdrawal
Pay for Miners idled by a Withdrawal
  • If a withdrawal order is issued, miners effected are still eligible for pay.
    • Full pay to end of shift.
    • Next shift – full pay for 4 hours.
    • If withdrawal continues because mine operator does not comply with standard, miners are paid at regular rate while idled or for one week, whichever is longer.
contesting enforcement actions
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.
training part 46 48
Training – Part 46 & 48
  • Training is done during working hours.
  • During training, Trainees are paid at their regular rate.
  • Lack of training is not grounds for discrimination in pay or job.
  • 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.
health protection rights
Health Protection Rights
  • Exposure to Toxic Materials or Harmful Agents including:
    • Dust
    • Noise
  • Some conditions may require that medical examinations be made available to you by the Mine Operator.
rights new revised standards
Rights - New & Revised Standards
  • Miners or their reps. 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.
your rights to information
Your rights to Information
  • General Access.
  • Exposure to Toxic/Harmful Agents.
  • Records of Accidents & Investigations.
  • Notice of Proposed Civil Penalty.
  • Posting Documents at a Mine.
your legal responsibilities
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