Petitioning for Modifications

Miners and their representatives have a right to petition MSHA to modify how it applies a safety standard at their mine if the proposed alternative guarantees at least the same amount of protection, or if enforcing the current standard would potentially endanger employees.

If MSHA receives a petition from the operator or any other mine employee, the miners' representative will be notified. The representative may present his or her position on the petition in writing or before a DOL administrative law judge (ALJ) after MSHA has issued its decision. Decisions by an administrative law judge may be appealed to the Assistant Secretary for Mine Safety and Health.

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