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Miners Rights

Miners Rights. Rights & Responsibilities Under the Mine Safety & Health Act of 1977. Safety & Health Training Program. Introduction. This program is a summary of Rights & Responsibilities granted to Miners, Job Applicants, & Miner’s Representatives under the Mine Safety & Health Act.

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Miners Rights

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  1. Miners Rights Rights & Responsibilities Under the Mine Safety & Health Act of 1977 Safety & Health Training Program

  2. Introduction • This program is a summary of Rights & Responsibilities granted to Miners, Job Applicants, & Miner’s Representatives under the Mine Safety & Health Act. • This program is only a summary, and must not be considered an official statement of law.

  3. Some Definitions • “Miner” – Anyone working in a mine. • “Representative of Miners” – a person chosen to represent miners in safety & health matters. • “Agent of the Company” –any person charged with responsibility for the operation of all or a part of a mine. It also means any person charged with the supervision of the miners or who directs the workforce (including hourly employees who direct the workforce).

  4. Rights Applicable to All Miners • Protection against Discrimination. • Participation in MSHA Inspections. • Obtaining an MSHA Mine Inspection. • Pay during Mine Withdrawals. • Contesting Enforcement Actions. • Getting Proper Safety & Health Training. • Health Protection Rights • Being informed of, and participating in, standards and enforcement of the Act.

  5. Protection against Discrimination • Miners cannot be fired, harassed, refused employment, or transferred to a lower paying job because they exercised rights under the Act such as (but not limited to) the following: • Filing a complaint under the Act of an alleged safety/health violation. • Instituting, testifying or assisting in any legal proceedings under the Act. • Getting a medical evaluation that indicates a need for changing jobs or job location. • Refusing to work (or was withdrawn) because proper safety & health training was not received.

  6. Discrimination (Continued) • Supervisors: Please Note! • Congress intended the Mine Act to protect workers who, in good faith, refuse to work in unsafe or unhealthy conditions. • It also protects workers who refuse to comply when ordered by a supervisor to violate a health or safety standard. Know your Standards!

  7. Participation in MSHA Inspections • The Act gives miners (and their reps.) an opportunity to participate in mine inspections. • If no worker decides to participate, the inspector will consult with a reasonable number of workers. • Workers have a right to pay when participating in an inspection.

  8. Before asking MSHA for a Mine Inspection, have you… • Tried to fix the safety problem yourself? • Reported it to your supervisor? • Reported it to your Miner’s Rep.? • Tried all of your company’s in-house procedures for solving safety problems? Contact MSHA when ‘In-House’ procedures fail.

  9. Obtaining an MSHA Mine Inspection • General Notice. • Can be given orally or in writing. • Can be done anonymously. • Section 103(g) Notification. • Must be in writing. • Names of miners making requests for inspection are considered confidential.

  10. Pay for Miners idled by a Withdrawal • If a withdrawal order is issued, miners effected are still eligible for pay. • Full pay to end of shift. • Next shift – full pay for 4 hours. • If withdrawal continues because mine operator does not comply with standard, miners are paid at regular rate while idled or for one week, whichever is longer.

  11. Contesting Enforcement Actions • Miners can get copies of all citations, orders, and penalty assessments. • Miners have 10 days within which to request a conference with the District manager. • Miners have 30 days within which to notify MSHA of a challenge.

  12. Training – Part 46 & 48 • Training is done during working hours. • During training, Trainees are paid at their regular rate. • Lack of training is not grounds for discrimination in pay or job. • Miners will have all training plans made available to them for comments: • Part 48 - 2 weeks prior to the plan being sent to MSHA for approval. • Part 46 – 2 weeks prior to training taking place.

  13. Health Protection Rights • Exposure to Toxic Materials or Harmful Agents including: • Dust • Noise • Some conditions may require that medical examinations be made available to you by the Mine Operator.

  14. Rights - New & Revised Standards • Miners or their reps. may comment on or object to proposed standards or regulations. • Miners may challenge a new standard prior to the 60th day after it is published in the Federal Register. • Miners can propose alternatives to a standard if it has at least the same measure of protection as the original standard.

  15. Your rights to Information • General Access. • Exposure to Toxic/Harmful Agents. • Records of Accidents & Investigations. • Notice of Proposed Civil Penalty. • Posting Documents at a Mine.

  16. Your Legal Responsibilities • Smoking prohibited-110(g) • Smoking in areas posted ‘No Smoking” for fire and explosion hazards. • Mine Operator must post these areas • False Statements & Representations 110(f) • Includes applications, records, reports training certificates or any other document required to be kept of filed with MSHA

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