Right to Protection Against Discrimination

The Mine Act provides protection against workplace discrimination for all miners and new applicants.

An employee may not be fired, demoted, harassed, intimidated, transferred, refused employment, subjected to lost wages, or discriminated against in any other form for exercising his or her rights under the Mine Act.

Employee discrimination or hiring on the basis of age, race, gender, religion, handicap, union activity, or any other matter unrelated to mining is not covered by the Mine Act. MSHA may be able to assist miners with contacting the appropriate agency for individual grievances.

The following are some examples of discriminatory conduct:

• Discharge or termination
• Layoff
• Demotion
• Refusal of employment
• Reduction in benefits, vacation, bonuses, or rates of pay
• Changes in pay and hours of work
• Threats of reprisal
• Transfer to another position that is less desirable or with compensation less than the regular rate of pay received by the miner immediately prior to the transfer
• Interference with the exercise of a miner's statutory rights

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