Surface Mine Inspections

Under the authority of the Mine Act, MSHA inspects all mines each year. Surface mines in particular receive at least two inspections annually. MSHA does not give advance notice of inspection and is specifically authorized to enter a mine property without a warrant. Moreover, MSHA has the authority to perform additional investigations at a mine site to ensure safe and healthy work environments if it is determined that a mine site may be exceptionally hazardous. MSHA also investigates all fatal accidents and complaints of discrimination from miners, whose rights are protected under the Mine Act.

If a violation is uncovered during an inspection, it is cited in compliance with the provisions of the Mine Act. All violations are subject to civil penalties and must be corrected in the allotted time given by MSHA. Representatives of both the operator and miners are allowed to accompany MSHA representatives during inspections. They may also participate in pre- and post-inspection conferences.

During post-inspection conferences, any cited violations are discussed. At this time, representatives of operators and miners may give reasons for or against the violations under review. If a resolution cannot be achieved, the mine operator may appeal the citation to the Commission.

The Commission conducts trials and reviews legal disputes involving the violation of any provision of the Mine Act. If, after appealing to the Commission, a mine operator is still unsatisfied with the resolution, he or she may further appeal to the U.S. Court of Appeals, as applicable.

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