Right to Be Represented or Participate in Inspections

Section 2 of the Mine Act states that mine operators "with the assistance of the miners have the primary responsibility to prevent the existence" of health and safety hazards at mines.

All miners cannot feasibly assist MSHA in all of its inspections or investigations. For that reason, the Mine Act provides miners the right to designate a representative, representatives, or an organization to act on their behalf in certain aspects of inspections and enforcement activities.

Qualifications of a Representative

Becoming a miners' representative carries few stipulations; all that is required is the submission of necessary paperwork for approval by the MSHA district manager. The representative should complete new miner training per 30 CFR 46 or 48 if he or she plans to travel into work areas with MSHA inspection teams. If not, no training is required. It is not a requirement that a representative be employed by the mine that he or she is representing.

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