Right to Information

Miners and their representatives have the right to receive copies of most records, reports, citations, notices, orders, and decisions issued by MSHA.

They also have a right to review all HAZCOM materials, except for documents that contain confidential trade secrets. Miners' representatives also have access to training certificates and exposure reports as required by 30 CFR 62. The mine operator is required to provide the first copy of such documents for free.

Miners have a right to request in writing the identity of a trade secret chemical in a non-emergency situation where they or a fellow miner may have been exposed. If the request is denied, the denial must be provided in writing to the miner, his or her representative, or the miner's physician within 30 days.

Rights Regarding the Monitoring of Exposure to Hazardous Agents

Miners and their representatives have a right to observe the mine operator's monitoring or measuring of employee exposure to potentially hazardous materials. All miners and former miners may request access to their records concerning exposure to toxic materials or harmful physical agents. In the event of overexposure, the mine operator must notify the miner of the situation and what is being done to correct it.

Accident Investigations

The Mine Act requires mine operators to investigate all accidents in order to find the cause and prevent its reoccurrence. The operator's accident investigation records and reports must be open for inspection by all mine employees.

Proposed Civil Penalties

All mine employees have a right to be informed about any proposed civil penalties against the mine. Penalties for a safety fault or health violation cited by an MSHA inspector will be sent to the mine operator and to the miners' representative. Failure by the mine operator to correct the violation within a given time period will result in additional penalties.

Posting Requirements

MSHA will deliver any order, citation, notice, or decision required by the Mine Act. The operator or someone acting on his or her behalf must post copies of these documents to the company bulletin board as soon as possible. Copies of these documents will also be mailed to the miners' representative.

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