Miners Rights

1
Miners Rights
Rights Responsibilities Under the Mine Safety
Health Act of 1977
Safety Health Training Program
2
Introduction

• This program is a summary of Rights
  Responsibilities granted to Miners, Job
  Applicants, Miners Representatives under the
  Mine Safety Health Act.
• This program is only a summary, and must not be
  considered an official statement of law.

3
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).

4
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.

5
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• Refusing to work (or was withdrawn) because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.

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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!
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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.

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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 Miners Rep.?
• Tried all of your companys in-house procedures
  for solving safety problems?

Contact MSHA when In-House procedures fail.
9
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.

10
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.

11
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.

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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.

13
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.

14
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.

15
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.

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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