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Right to Be Informed of and Participate in Enforcement Proceedings

Miners and their representatives also have the right to participate in enforcement hearings, which are proceedings conducted by the Commission concerning an alleged imminent danger at a mine site.

After an investigation and a public hearing (if requested), MSHA will either cancel the notice or order a withdrawal of all mine employees that are not actively working to correct the hazard described by the order.

If it is determined that there is no imminent danger, MSHA may still issue a notice to the mine operator describing the area in question.

It is illegal to enter a mine once a withdrawal order has been placed in effect. Regular work may resume after a public hearing is held and MSHA has determined that the imminent danger no longer exists.

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

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