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Miners Rights


									Miners’ Rights
     The Miners’ rights and
responsibilities under the Federal
mine safety and health act of 1977

                   Larry R Harshbarger
                   Heritage Group Safety
                                Federal Mine Safety & Health Act of 1977,
                                           Public Law 91-173,
                                   as amended by Public Law 95-164

                                       An Act
Be it enacted by the Senate and House of Representatives of the United States of
   America in Congress assembled. That this Act may be cited as the "Federal Mine

   Safety and Health Act of 1977".

SEC. 2. Congress declares that--
(a) the first priority and concern of all in the mining
    industry must be the health and safety of its most
    precious resource--the miner;
(b) deaths and serious injuries from unsafe and
    unhealthful conditions and practices in the mines
    cause grief and suffering to the miners and to their
                       Federal Mine Safety & Health Act of 1977,
                                  Public Law 91-173,
                          as amended by Public Law 95-164

                            An Act
(c)there is an urgent need to provide more effective
   means and measures for improving the working
   conditions and practices in the Nation's mines in order
   to prevent death and serious physical harm, and in
   order to prevent occupational diseases originating
   in such mines;
(d)the existence of unsafe and unhealthful conditions
   and practices in the Nation's mines is a serious
   impediment to the future growth of the mining industry
   and cannot be tolerated;
                      Federal Mine Safety & Health Act of 1977,
                                 Public Law 91-173,
                         as amended by Public Law 95-164

                           An Act
(e)the operators of such mines with the assistance
    of the miners have the primary responsibility to
    prevent the existence of such conditions and
    practices in such mines;

(f)the disruption of production and the loss of income
    to operators and miners as a result of mine
    accidents or occupationally caused diseases unduly
  impedes and burdens commerce;
Mine Health and Safety
• MSHA was established to
develop and enforce all health
   and safety standards.
30 CFR

 • These standards
   or laws cover all
   the regulations in
   all of the mines in
   the United States.
          Enforcement Of The Act
 Federal Mine        Title 30 -          MSHA
Safety & Health   Code of Federal     Enforcement
  Act of 1977      Regulations

  Operators       Administrative    Federal Mine S & H
     and           Law Judge             Review
Miners Appeal        (ALJ)             Commission

               Miners’ Rights
• A good safety program depends on active
  participation and interest of everyone at the
  work site.
• The Act gives miners & their representatives
  many rights because Congress wants to
  encourage them to take an active,
  responsible role in safety & health matters.
• If miners take advantage of these rights, they
  can help decrease workplace deaths, injuries
  and illnesses.
      1. Inspection Participation

The right to have a representative of the
 miners accompany federal inspectors
 during inspections at a mine.
     – Can provide inspector with useful
     – Better understand the Act’s safety

     – Suffer no loss of pay
        2. Request Inspection
The right to obtain an inspection where
 there are reasonable grounds that an
 imminent danger or violation exists.
     – Work with management first
     – Notice by telephone, letter, fax, e-mail
     – If circumstances warrant, MSHA
       will inspect mine
     – Will receive written notice if MSHA
       decides not to inspect
          3. The Right To Pay

The right to pay during certain periods
 of time when a mine has been closed
 because of a withdrawal order.
     – Compensation is paid for balance of
       shift, up to 4 hours of next shift, up to
       1 week for non-compliance, or double
       pay if withdrawal notice is ignored
     – Compensation complaints may be
       filed with MSHA
                4. Discrimination

The right to be protected from any
 discrimination based on the exercise
 of rights given by the Act.
  – It is illegal for a miner to be fired, transferred
    to lower paying job, not hired, harassed, or
    lose job benefits for:
     •   Filing a complaint
     •   Instituting, testifying, or assisting any proceeding
     •   Subjected to a medical evaluation leading to a transfer
     •   Being withdrawn from mine for not having mandatory
         safety training
                  5. Training

The right to receive safety and health
   – All miners must receive training in:
     • 24 hour new miner training
     • 8 hour annual refresher
     • Newly hired experienced miners
     • New task training
     • Site specific hazard training
           5. Training (Continued)

The right to receive safety and health
     – Normal pay during training
     – Training during normal working
     – Receive a training certificate
     – A copy of training certificate when
       leaving the company
        6. Legal Proceedings

The right to be informed of, and to
 participate in, enforcement and
 legal proceedings under the Act.
     – May contest MSHA enforcement
     – Right to receive a copy of orders,
       notices & citations issued at the mine
     – A bulletin board available for posting
       of orders, notices and citations
           7. Medical Rights

The right to Health Protection under
 the Act.

     – Annual Audiograms
     – Medical examinations for miners
       exposed to toxic materials
         Miners’ Responsibilities
• Assisting the operators to
  achieve safe work conditions

• Report all safety hazards

• Know and obey all of the
  company safety rules
• Not making false statements
  and false representations
• Not smoking in prohibited areas
• Although it is the mine
  operators responsibility to
  provide safe and healthful
  conditions in their mines,
  it was the intention of Congress in passing
  this law, and MSHA in implementing it, to
  involve the miners in mine safety and
• A mine safety and health
  program is only as effective
  as the hazard awareness it
  instills in everyone.
• Remember, it is your life
  and health we are trying to
  protect, so don’t deny
  yourself the opportunity to get
  involved. Help us and help

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