Know Your Rights as a Miner and Miners' Representative

The Mine Safety and Health Administration (MSHA) grants all U.S. miners and their representatives with certain rights and responsibilities to help “prevent death, illness, and injury from mining and promote safe and healthful workplaces for U.S. miners.” Through the Federal Mine Safety and Health Act of 1977 (the Mine Act), miners are not only afforded specific rights and responsibilities, but they are also protected by law when exercising those rights from discrimination and retaliation.

So, what are the statutory rights of miners and their representatives? The statutory rights of miners and their representatives include the right to:

Receive training
Receive a medical evaluation
File a safety complaint and request a mine inspection
Participate in enforcement proceedings
Representation during inspections
Receive payment during inspection participation, training, and mine withdrawal closures
Protect Yourself by withdrawal or refusal to work
Be Protected from discrimination, retaliation, and interference
Exercise all your rights under the Mine Act

As a miner, miners’ representative, applicant for mining employment, or mining contractor, it’s absolutely critical that you know and understand your rights, responsibilities, and protections under the Mine Act. And in order for the federal government to fully support the health and safety of the nation’s miners, it requires active participation from everyone at a mine site. So, as we provide an overview of the statutory rights of miners, we’ll also cover some very important steps you can take to exercise your legal rights and protections for a long, safe, and healthy mining career.

Definitions

To ensure we’re all using the proper terms associated with miners’ rights, we’ll review some basic definitions within Title 30 of the Code of Federal Regulations (30 CFR), which cover a range of regulatory requirements for U.S. mineral resources.

The Mine Act, enforced by MSHA, uses the following definitions related to the rights, responsibilities, and protections of miners:

Mine – “An area where mining operations occur, [including] mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities.”

Miner – “Any person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. This definition includes independent contractors and employees of independent contractors who are engaged in mining operations; and any construction worker who is exposed to hazards of mining operations.”

Miners’ Representative – “Any person or organization which represents two or more miners at a coal or other mine for the purposes of the [Mine] Act.”

Independent Mining Contractor – “Any person, partnership, corporation, subsidiary of a corporation, firm, association or other organization that contracts to perform services or construction at a mine… [and are] exposed to mine hazards for frequent or extended periods.”

“Frequent” exposure is defined as a pattern of exposure to hazards at mining operations occurring intermittently and repeatedly over time.
“Extended” exposure means exposure to hazards at mining operations of more than five (5) consecutive work days.

Rights – A legal right is a “claim recognizable and enforceable at law.” The Mine Act is a federal law enacted by Congress which established in writing the rights, responsibilities, protections, and remedies afforded to miners, miners’ representatives, applicants to mining employment, and independent mining contractors.

Discrimination – The unjust or prejudicial treatment of a person. In the context of miners’ rights, this relates to discriminatory treatment in the form of being fired, demoted, harassed, intimidated, transferred, docked pay, or refused employment for exercising your legal rights afforded by the Mine Act.

Section 105 (c) of the Mine Act – Outlines the protections afforded miners, miners’ representatives, and independent mining contractors from discrimination, retaliation, or interference due to exercising of these statutory rights.

NOTE – For simplicity and for the purposes of this article, references to “you” and “miner” moving forward will be used as collective references to one of the protected individuals with the rights inherent in the Mine Act – a miner, miners’ representative, independent mining contractor, or applicant.

Miners’ Rights

The Mine Act references numerous statutory rights afforded to miners, miners’ representatives, and applicants for mine employment throughout its text. So, if you fall into any of the prior definitions of these protected individuals, you play a critical role in MSHA’s safety and health efforts. Here, we’ll summarize and elaborate on the specific rights and review some procedures for how to properly exercise those rights.

As a miner, you have the right to:

Receive Training – Receive health and safety training during your normal working hours and be paid for that time at your regular rate
Receive a Medical Evaluation – Receive a medical evaluation or be considered for transfer due to harmful physical agents or toxic substances
File a Complaint – File a complaint of an alleged danger or safety or health violation
Participate in Proceedings – Be informed of and participate in enforcement proceedings
Inspection Representation – Have a representative accompany an MSHA inspector during an inspection at your mine
Receive Payment –
- As a Representative – Be paid for time during certain participation in health and safety inspections at your mine
- As a Miner – Be paid during training and for certain periods of time when a mine or part of a mine has been closed due to a withdrawal order
Protect Yourself –
- Withdraw from the Mine – Withdraw yourself from the mine for not having required health and safety training
- Refuse to Work – Refuse to work in unsafe or unhealthy conditions
Be Protected –
- From Discrimination – In the form of firing or demotion for exercising Mine Act rights and for suffering from pneumoconiosis
- From Retaliation – In the form of threats of reprisal or taking part in or assisting with enforcement proceedings.
- From Interference – In the form of impeding, delaying, or denying your ability to exercise your rights
Exercise All Your Rights – Exercise any other statutory right afforded by the Mine Act

The Right To Receive Training

You have the right to receive health and safety training that meets or exceeds the requirements set forth in 30 CFR Part 46 for surface miners and Part 48 for underground miners. You also have some additional rights related to receiving training, including the right to be:

Trained during normal working hours
Paid during training at the same rate as your usual job
Compensated for expenses you incur for training that takes place outside of your normal workplace
Provided a copy of your official record of training or training certificate

And if you are either not provided training or you are withdrawn from the mine by an MSHA inspector to verify your training, you have the right to be:

Paid until you receive training in compliance with MSHA regulations
Paid until the MSHA inspector verifies that the training has been received

In addition to your required Part 46 and Part 48 training programs, you have the right to receive training and instruction on:

Mine emergency evacuation, training and drills
Rehabilitation of areas with unsupported roof
Escape procedures and self-contained self-rescue devices when ground failure on longwall mining occurs
Fire suppression systems
Your mine’s hearing conservation program

The Right To Receive A Medical Evaluation

You have the right to receive a medical evaluation or be considered for transfer due to a detected medical condition or to avoid potential exposure to harmful physical agents or toxic substances. An examination may include:

A chest x-ray to detect black lung or other lung ailments
Spirometry to test lung function
A hearing test as part of a Hearing Conservation Program
Assessment of illness symptoms
Review of occupational history

Examples of coal miners’ rights related to medical examinations and periodic monitoring include the right to:

Notification and openly posted communication about medical examination plans
Receive examinations free of charge
Be examined in facilities approved by the National Institute for Occupational Safety and Health (NIOSH)
Be provided with the results of your medical examinations and tests or have them sent to your physician
Receive a chest x-ray –
- When you start work at a coal mine
- Three years after starting work at a coal mine if you are still working as a miner
- Two years after the second x-ray if black lung is detected and you are still working as a miner
- Every five years or less while working as a miner and if requested by the Secretary of Health and Human Services
Be considered for a transfer to a position that allows the miner to avoid harmful physical agents and toxic substances, such as coal dust and silica dust.

The Right To File A Safety Complaint And Request An Inspection

You have the right to file a complaint of an alleged danger or safety or health violation and request an immediate MSHA inspection with:

Your miners’ representative
The mine operator
A state or federal agency, including an MSHA District Office and the Federal Mine Safety and Health Review Commission (the Commission)

In addition to filing a hazardous condition complaint or other safety and health violation complaint, there are other types of complaints that you have the right to file, including:

Recovery of unpaid compensation
Discrimination

The Right To Participate In Enforcement Proceedings

You have the right to be informed of and participate in enforcement proceedings. All citations and orders must be posted at the mine for miners to view.

During an inspection, MSHA may identify a condition which has “not yet resulted in an imminent danger” but they cannot provide assurance that continued mining operations will not result in an imminent danger and the condition “cannot be effectively abated through the use of existing technology.”

This is an example of MSHA taking precautionary measures to identify, notify, and take potential steps toward helping a mine operator avoid a potential hazard. (Content written by Bjorn Ansbro for MSHAU.com) In a case like this, MSHA may issue a notice which provides details of their findings and observations about the condition to the mine operator and the miners’ representative.

Throughout the course of this type of action, you may participate in MSHA proceedings, which may include:

Further investigating the condition
Conducting conferences
Holding a public hearing

Afterwards, MSHA may either cancel the notice or issue a withdrawal order until the hazardous condition is abated.

You also have the right to:

Review imminent danger orders – Your miners’ representative has 30 days to review imminent danger orders after being notified and may as the Commission to reinstate, modify, or vacate the order.
Contest enforcement actions – You and your miners’ representative may request a conference to review enforcement actions within 10 day of issuance. And intent to challenge any actions must be submitted within 30 days via a “notice of content.”

The Right To Have Representation During Inspections

You have the right to have a representative accompany an MSHA inspector during an inspection at your mine. Miners’ representatives may also attend inspection conferences before and after an inspection takes place.

MSHA understands that your representative’s observations and understanding of your mines’ conditions can provide valuable insights correction of imminent dangers. Representatives from each shift should be prepared to accompany inspectors.

These rights do not extend into confidential investigations of discrimination and personal liability.

The Right To Receive Payment

Aside from your pay rate under normal working conditions, you have the right to be compensated during certain inspection activities and mine withdrawal orders.

As a miner, you have the right to be paid during training and for certain periods of time when a mine or part of a mine has been idled (shut down or closed) due to a withdrawal order issued by an inspector to the mine operator.

As a miners’ representative,you have the right to paid for time during certain participation in health and safety inspections at your mine.

Compensation at your regular rate for time when you are idled due to a withdrawal order is limited to:

The balance of your shift if you were working at the time of the withdrawal order
Up to 4 hours of pay for idle time for miners on the next shift if the withdrawal order is not terminated before the next consecutive shift starts
Up to 1 week of pay or your total hours of idle time (whichever is less) if the mine operator fails to comply with mandatory health and safety standards

If you continue to work during a withdrawal as part of the effort to correct the dangerous condition that caused the withdrawal, you will be paid at your normal rate.

If the mine operator fails to comply and keeps you working during a withdrawal in the area of the mine where the order applies, you have the right to be compensated at two times your normal rate.

TIP! – To recover unpaid compensation for a mine shutdown or idle period, you or your miners’ representative must file a complaint with the Commission within 90 days of when the idle period began.

The Right To Protect Yourself

You have the right to protect yourself by removing yourself from unsafe or unhealthy conditions. MSHA allows you to do this by:

Withdrawing yourself from the mine if you have not received required health and safety training
Refusing to work in unsafe or unhealthy conditions

In any situation where you decide to remove yourself from danger, you are required to notify your supervisor, the mine operator, or other responsible person and provide details about the condition to allow them the opportunity to eliminate the hazard.

The Right To Be Protected

You have the right to be protected from the actions of others as a result of exercising or attempting to exercise your statutory rights. MSHA affords you protection from:

Discrimination – In the form of firing or demotion for exercising Mine Act rights and for suffering from pneumoconiosis (lung disease from inhaling dust)
Retaliation – In the form of threats of reprisal or taking part in or assisting with enforcement proceedings
Interference – In the form of impeding, delaying, or denying your ability to exercise your rights

Additional forms of discrimination, retaliation, and interference may include:

Refusal of employment
Changes to your pay rate and work schedule
Transfer to a less desirable position
Reduction in your benefits, bonuses, or vacation days
Being laid off

NOTE! – If you feel that you have been discriminated in any way due to exercising your statutory rights, you must file a discrimination complaint within 60 days of the discriminatory event. In order to support your complaint, be sure to include names, dates, places, times, and specific details of the discriminatory actions. MSHA will investigate your claim within 90 days of its filing date and notify you in writing of its findings.

The Right To Exercise All Your Rights

You have the right to exercise all your statutory right afforded by the Mine Act. This includes a broad range of rights associated with access to information relating to your mines’ reports, records, and structural plan changes.

For underground mines, you and your representative have the right to inspect a copy of your mine’s:

Mine maps
Mine emergency response plans
Roof control plans
Ventilation plans
Records of examinations and reports
Respirable dust control plan and sample reports
Manufacturer certifications of compliant testing for roof bolts and accessories

There are some records that only miners’ representatives have the right to review. Miners’ representatives have the right to examine certain records and reports, including:

Pre-shift examinations
Weekly examinations
Electrical equipment examinations
Main mine fan examinations
Machine mounted methane monitor calibrations
Atmospheric monitoring system operation, examination, testing, and calibration
Training and qualification program records on persons working on diesel-powered equipment
Records relating to seals

Miners’ Responsibilities

As a miner, you have certain responsibilities to actively contribute to the safety and health of your coworkers and the mine environment.

As a miner, you are responsible for:

Adhering to your mine’s health and safety policies
Complying with all state and federal laws and regulations
- This includes federal laws against smoking and carrying smoking materials (matches, lighters) into underground mines or within 50 feet of where explosives or detonators are stored.
Immediately notifying a supervisor, mine operator, or other responsible person when refusing to work in unhealthy or unsafe conditions
Providing truthful statements and representations, both orally and in writing, during any inspection, investigation, or enforcement proceeding
- Knowingly making false statements is a federal crime, punishable by fines or imprisonment.
Never providing advanced notice of an MSHA inspection
- Providing advanced notice of an inspection is a federal crime, punishable by fines or imprisonment.

As a supervisor or other responsible person, you are responsible for all the above, as well as:

Taking appropriate and timely actions to address health and safety concerns
Never interfering with an inspection or investigation by hindering proceedings, limiting access to information, or delaying related activities
Admitting authorized MSHA personnel into the mine for inspection and investigation purposes
Granting access to information and documentation during an inspection or investigation

Miners’ Health Rights and Protections

In addition to your right to be protected from all forms of discrimination due to exercising your rights under the Mine Act, you have the right to other health-related protections. These protections can be in the form of programs designed limit and monitor exposure to certain physical or chemical hazards.

Protective programs include:

Noise exposure assessment – You have the right to be notified prior to noise exposure and associated monitoring.
Hearing conservation program – You have the right to be enrolled in a hearing conservation program that includes audiometric testing and administrative controls that limit exposure levels and provide hearing protection.
Hazard communication – You have the right to be informed about the physical and health hazards you may be exposed to by chemicals in your workplace.
Studies and research – Yourrepresentative has the right to request studies, research, experiments, and demonstrations related to potentially toxic substances or potentially hazardous physical agents or equipment.

How do I know what my statutory rights are as a miner?

MSHA outlines the statutory rights of miners, miners’ representatives, independent mining contractors, and applicants for mine employment in the 1977 Mine Safety and Health Act (the Mine Act). But it can be difficult to absorb all the intended rights extended to you, since they are spread out through the Acts sprawling regulations.

So, check out our RESOURCES page for links to a couple of summary documents that MSHA put together that really help offer a comprehensive view of your rights and procedures to exercise them. Look for MSHA’s documents:

A Guide to Miners’ Rights and Responsibilities
Miners’ Rights Trifold Brochure

When you have questions about what your rights are, you can seek guidance in the following ways:

Research your rights online on MSHA’s website
Ask your miners’ representative
Ask your mine operator
Contact your MSHA district manager

What do I do if I believe that I’ve been discriminated on the basis of race, sex, age, religion, or other factors?

While you are protected under the Mine Act from discrimination due to exercising your statutory rights as a miner, discrimination based on sex, race, age, etc. is not specifically addressed by the federal laws associated with mining. However, although MSHA does not cover this protection, you are certainly protected under federal law from this type of discrimination.

If you believe that you’ve been discriminated on the basis of any of the following, contact the Equal Employment Opportunity Commission (EEOC) for guidance:

Age
Disability
Equal compensation
Genetic information
National origin
Pregnancy
Race/Color
Religion
Sex

Statutory Rights of Miners and Their Representatives