STATUTORY RIGHTS OF MINERS

1
STATUTORY RIGHTS OF MINERS
2

• Section 2 of the Findings and Purpose of the Mine
  Act contained the following Declarations from
  Congress

3

• 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
• 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

4
Timeline for Legislation On Mining Industry

• 1910 - Congress established the Bureau of Mines
• 1947 Congress authorized the formulation of the
  first code of federal regulations for mine safety
• 1969 The Federal Coal Mine Health and Safety
  Act referred to as the Coal Act included surface
  coal mines within its scope
• 1973 Secretary of the Interior created the
  Mining Enforcement and Safety Administration
  (MESA) and assumed the safety and health
  enforcement functions from the Bureau of Mines
• 1977 Federal Mine Safety and Health Act (Mine
  Act) was passed

5

• The Mine Act transferred responsibility for
  carrying out its mandates from the Department of
  the Interior to the Department of Labor
• The new agency was named the Mine Safety and
  Health Administration (MSHA)

MSHAHelping you to work more safelyin the
mining industry.
6

• The Federal Mine Safety and Health Act of 1977
  established the statutory rights of miners
• The Act was passed by Congress
• The Act currently governs MSHAs activities

7

• The Purpose of the Mine Act is
• To establish mandatory health and safety
  standards
• To protect the health and safety of the Nations
  coal or other miners
• To require that each operator and every miner
  comply with the standards
• To improve training programs aimed at preventing
  coal or other mine accidents

8

• The Mine Act established the independent Federal
  Mine Safety and Health Review Commission to
  provide for independent review of the majority of
  MSHAs enforcement actions

9

• The Mine Act strengthened and expanded the rights
  of miners and enhanced the protection of miners
  from retaliation for exercising such rights.

10

• The Mine Act provides more effective means and
  measures for improving the working conditions and
  practices in the Nations coal or other mines in
  order to prevent death and serious physical harm

11

• Mining fatalities dropped sharply under the Mine
  Act from 272 in 1977 to 86 in 2000

12
Fatality Data as of April 5, 2004 Source MSHA
Website
2000
2001
2004
2003
2002
13
ALL MINING FATALITIES BY STATE (CALENDAR YEAR)
14
Inspection on the Request of Miners

• Section .717 carries over an important right
  granted to miners under the Coal Act the right
  to request an inspection of the mine site by the
  Secretary when the miners have reasonable grounds
  to believe the work site to be dangerous

15
Inspection on the Request of Miners

• The request must be made in writing
• The request must be signed by the miner or
  miners rep
• The request must specify the alleged violation or
  imminent danger situation which is believed to
  exist

16

• The Secretary will conduct an inspection upon
  receipt of a request
• The mine operator will receive a copy of the
  request no later than the time of the inspection

17
(No Transcript)
18
Confidentiality of Complainants

• The name of the person filing the complaint and
  the names of any miners referred to in the
  complaint do not appear on the copy of the
  complaint which is given to the mine operator

19
Section 104(f)(2)

• This section permits miners or their
  representatives to notify inspectors of the
  suspected violations or hazards which they
  believe may exist in the mine while the inspector
  is at the mine premises

20
Rights of Miners and Miners Representatives

• Section 104(e) requires that representatives of
  the operator and miners be permitted to accompany
  inspectors in order to assist in conducting a
  full inspection
• The opportunity to participate in pre- or post-
  inspection conferences has been provided

21

• The presence of a miners rep at the opening
  conference helps miners to know what the concerns
  and focus of the inspector will be

22

• Attendance at the closing conference enables
  miners to be fully apprised of the results of the
  inspection
• Such participate will enable miners to understand
  the safety and health requirements of the Act and
  will enhance miner safety and health awareness

23

• The operators of mines with the assistance of the
  miners have the primary responsibility to prevent
  the existence of unsafe conditions and practices

24
Benefit of the Mine Act

• The general belief is that mine safety and health
  will generally improve to the extent that miners
  themselves are aware of mining hazards and play
  an integral part in the enforcement of the mine
  safety and health standards