Protected Activities

Miners are protected from discrimination for engaging in any of the following activities under the Mine Act:

• Filing or making a complaint of a potential work hazard or health violation to a federal or state agency, a mine operator, an operator's agent, or a representative of miners
• Filing a complaint, testifying, or otherwise participating in proceedings with the Federal Mine Safety and Heath Review Commission (from here on out referred to as the "Commission")
• Participating in any inspection or investigation conducted under the Mine Act
• Undergoing a medical evaluation and considering a transfer because of hazardous conditions and toxic substance exposure
  • For example, coal miners have a right to receive chest X-rays and examinations for black lung disease (pneumoconiosis). If the results are positive, the miner has the right to request transfer to a less dusty position.
• Withdrawing from the mine if the miner is lacking the required health and safety training to work safely
• Refusing to work in conditions the miner reasonably believes to be hazardous or unhealthy
• Exercising any right given by the Mine Act, such as the right to be paid while acting as a miners' representative during an inspection or while receiving training required by the Mine Act

Some activities that are not listed here may be protected. Miners with questions or concerns about a possible discrimination violation should contact the nearest MSHA district office.

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