Reporting Discriminatory Conduct

If a miner thinks he or she has been the subject of discrimination, he or she must file a formal complaint within 60 days of the discriminatory event. MSHA may grant additional time under special circumstances, such as the miner being unaware of the discrimination at the time of its occurrence.

The miner should include a written complaint with any relevant details that would assist MSHA and the miner's lawyer, such as names, times, dates, places, and actions related to the discrimination. Anything that may assist MSHA or the lawyer in a case should be documented. Documentation is especially important if the discrimination event has affected the miner financially.

Miners may file discrimination complaints at any local MSHA or Black Lung office. MSHA has trained staff to help miners when expressing a concern or filing a formal complaint.

If a miner has been discharged or has otherwise suffered a change in working conditions for exercising his or her rights under the Mine Act, the miner may be eligible for temporary reinstatement. MSHA will examine the miner's complaint to determine if temporary reinstatement is warranted. If MSHA finds that the complaint has merit, U.S. Department of Labor attorneys may ask the Commission to order temporary reinstatement or temporary reassignment of the miner to a comparable job at his or her regular pay until a final decision is reached on the complaint.

For all cases, with or without temporary reinstatement, MSHA will investigate the complaint and notify the miner in writing of its decision within 90 days of the date the complaint was filed. If MSHA determines that the miner has been discriminated against, U. S. Department of Labor attorneys will file an action with the Commission requesting appropriate relief for the miner.

If MSHA determines that no violation occurred, the miner will be notified in writing and informed of his or her right to pursue the matter without MSHA's assistance. To do this, the miner must file an action on his or her own behalf with the Commission within 30 days of being notified of MSHA's determination.

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