Participating in Inspections

Inspections by MSHA can be random or as a result of a complaint. Regardless of the reason for the inspection, the miners' representative is entitled to participate in and be paid for the inspection and any conferences concerning the mine before and after the inspection.

The law does not provide pay when miners or their representatives participate in technical consultations, equipment demonstrations, off-mine property meetings, or discussion of research.

Representatives do not have the right to participate in inspections related to the individual liability of agents of the operator for health and safety violations or discrimination allegations.

MSHA guidelines recommend having at least one miners' representative selected for each shift at the mine, ensuring that a representative is present for any unexpected inspections. If no representatives are present or none have been selected, MSHA inspectors will meet with a reasonable number of miners to discuss health and safety standards at the mine.

Work Refusal

When a miner believes in good faith that a work assignment could result in injury or death, he or she may initiate an investigation by MSHA.

It is the responsibility of the miner to provide evidence supporting a valid refusal to work. MSHA recommends that a miner communicate his or her concerns to the mine operator, which will give the operator an opportunity to address the situation. Requesting alternate work will also give the operator time to address any safety concerns.

To learn more about MSHA Part 48 training requirements visit our MSHA Part 48 Subpart B Surface Mining Online Training web page.