Miners' Rights

Annual, recurrent training is a good opportunity to review the rights granted to miners by the Federal Mine Safety and Health Act. The following list summarizes some of these rights:

• Participating in inspections
• Reporting violations
• Being paid during a withdrawal order
• Contesting enforcement actions
• Training
• Knowing health hazards
• Commenting on and challenging new rules
• Accessing information
• Being protected against discrimination

Participating in Inspections

Miners have the right to representation during inspections. Two or more miners may select a miner to accompany the inspector and the operator's representative throughout all phases of the inspection. This miner must not suffer a loss of pay during the period of inspection.

Reporting Violations

If a miner believes there is a violation of health or safety standards, he or she has the right to report this violation to MSHA. This is usually done after attempting all other established mine reporting procedures.

Being Paid During Withdrawal Orders

If an imminently dangerous condition is found at a mine, an inspector may order a withdrawal order requiring operators to remove all persons from the area and to prohibit reentry until the inspector has verified corrective actions. Workers on duty when a withdrawal order is issued are entitled to receive pay for the rest of their shift. The following shift may receive compensation for idle time up to four hours. After this, miners must be compensated for lost time up to one week. If an operator ignores withdrawal orders, then workers are entitled to double pay.

Contesting Enforcement Actions

Miners may request a complete list of enforcement actions (citations, orders, and proposed assessments) taken against a mine. After receiving an enforcement action, miners have 10 days to request a conference with the MSHA District Manager if they disagree with the action, and 30 days to challenge an action if the MSHA District Manager disagrees with their counter-assessment.

Training

Miner training must take place during normal working hours. Miners must receive regular pay and reimbursement for any additional training expenses. Mine operators may not discriminate against miners who are withdrawn from a mine for lack of proper training. Training certification must be given to miners after the conclusion of training.

Knowing Health Hazards

Health standards protect miners from unhealthy levels of dust, gases, noise, heat, and radiation. Miners have the right to know about these hazards before starting work. Inspectors may measure exposure to these hazards.

Commenting On and Challenging New Rules

After a new rule is proposed by MSHA, miners have the right to comment or object to them in writing. Miners may also request or attend a hearing to state their views. New regulations are still challengeable up to 60 days after final publication.

Accessing Information

Miners have the right to access most required mine records, such as orders, citations, reports, notices, records, and decisions. Mine operators must provide miners with records of exposure to harmful agents before they go to work. Accident reports may be accessed by anyone.

Being Protected Against Discrimination

No operator may discriminate against you for exercising your rights as a miner. You may receive protection from MSHA if you were fired, you were transferred to a lower paying job, you were not hired, you were harassed, or your lost your job benefits.

To learn more about Surface Mining Refresher visit our MSHA Part 46 Surface Mining Refresher Online Training web page.