Miner’s RightsMiner’s Rights

Rights1. Inspection participation 2. Request inspection3. Pay during mine withdrawals4. Discrimination protection5. Training6. Informed of enforcement7. Health protection8. Contest enforcement

Inspection Participation• Involves workers

• Provide useful information

• Better understand regulations

• No pay loss

Request Inspection• Work with management first

• Phone, letter, fax, e-mail

• Circumstances warrant, MSHA will inspect mine

• Miner’s name confidential

• Written notice if no inspection

Right To Pay• Withdrawal order closed mine• Paid balance of shift• Up to 4 hours of next shift• Up to 1 week for non-

compliance• 2X pay if withdrawal ignored• Compensation complaints to

MSHA

Discrimination• Can’t be fired, not hired,

harassed, transferred to lower paying job, or lose benefits for:

–Filing complaint

–Instituting or testifying

–Withdrawn from mine

Discrimination• Protect workers who in good

faith, refuse unsafe work

• Protects workers who refuse to comply when ordered to violate a safety standard

• Know your standards

Training• 8 hour annual refresher

• New miner

• New task training

• Newly hired experienced

• Site specific hazard

• Normal pay

• Receive training certificate

Legal Proceedings• Informed & participate in

enforcement proceedings

–Contest citations

–Orders, notices & citations

–Bulletin board

Medical Rights• Annual audiograms

• Medical exams if exposed to toxic materials

Miner Responsibilities• Assist in safety

• Report all hazards

• Obey company safety rules

• Smoking within 50’ of flammables

• False statements & fraud

Question 1A Miner worked for 2 years as a loader operator is reassigned

temporarily to a portable crusher

Because he had 8 hours Annual Refresher training 3 months ago,

he doesn’t need any further training

Answer 1

False

The miner must be tasked trained

Question 2After getting 20 MSHA citations, the mine decides to contest 2 of

them

These 2 citations need not be posted or made accessible to

the miners until after the Review Commission has rendered a

decision on them

Answer 2

False, Section 109

Any order, citation notice or decision required by the Act

given to operator shall be delivered to the mine office & a copy immediately posted on the

mine bulletin board

Question 3A plant operator notices that the pit highwall directly above has large cracks on the top edge & rain is predicted today after a

long dry spellCan he call MSHA for an

inspection if the mine owner & his representative refuse to do

anything about this?

Answer 3

Yes

Under Section 103(g) “at any time any person may, &

encouraged to, notify MSHA of any violation of the Act or safety

or health standards or of an imminent danger

Question 4A welder is welding a brace onto some weak metal steps located within 10’ of the open door of a flammable liquid storage area

Can he be fined for this?

Answer 4

No

A miner cannot be fined for any safety infraction except for False

Statements & False Representations: Section 110(f),

and Smoking; Section 110(g)

Question 5

Can the Mine Operator be fined for the previous situation?

Answer 5

Yes

The Act is strict liability law

Conclusion

Although it is the mine operators responsibility to provide safe

conditions, Congress’s intention is to involve miners in safety

Conclusion• Safety only effective if

everyone participates

• It’s your life, so get involved & help keep the workplace safe