Right to Pay During a Withdrawal Order

If an imminently dangerous condition is found at a mine, an inspector may order a withdrawal order that requires the operator to remove all persons from the area and to prohibit reentry until the inspector has verified corrective actions. While a withdrawal order is active, miners have a right to receive idle pay. Note the following details:

• If a miner is working when the order is made, he or she is entitled to regular pay for the remainder of his or her shift.
• If the order is not lifted before the next shift, all affected miners are entitled to up to four hours of pay at their regular hourly rate.
• If the mine operator fails to comply with any mandatory safety or health standards, miners are entitled to pay for the time they are idled, up to one week.
• If the operator does not comply with the withdrawal order and miners remain active, they are to receive full compensation for the time worked leading up to and after the withdrawal order was placed.
• If a miner is working to correct the hazard, he or she is not entitled to double pay as he or she is not violating the withdrawal order.

Miners or their representatives may file a complaint with the Commission within 90 days of the withdrawal order if they believe they are entitled to back pay.

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