Miner’s Rights

Rights 1.Inspection participation 2.Request inspection 3.Pay during mine withdrawals 4.Discrimination protection 5.Training 6.Informed of enforcement 7.Health protection 8.Contest enforcement

Inspection Participation Involves workers Provide useful information Better understand regulations No pay loss

Request Inspection Work with management first Phone, letter, fax, Circumstances warrant, MSHA will inspect mine Miner’s name confidential Written notice if no inspection

Right To Pay Withdrawal order closed mine Paid balance of shift Up to 4 hours of next shift Up to 1 week for non- compliance 2X pay if withdrawal ignored Compensation complaints to MSHA

Discrimination Can’t be fired, not hired, harassed, transferred to lower paying job, or lose benefits for: –Filing complaint –Instituting or testifying –Withdrawn from mine

Discrimination Protect workers who in good faith, refuse unsafe work Protects workers who refuse to comply when ordered to violate a safety standard Know your standards

Training 8 hour annual refresher New miner New task training Newly hired experienced Site specific hazard Normal pay Receive training certificate

Legal Proceedings Informed & participate in enforcement proceedings –Contest citations –Orders, notices & citations –Bulletin board

Medical Rights Annual audiograms Medical exams if exposed to toxic materials

Miner Responsibilities Assist in safety Report all hazards Obey company safety rules Smoking within 50’ of flammables False statements & fraud

Question 1 A Miner worked for 2 years as a loader operator is reassigned temporarily to a portable crusher Because he had 8 hours Annual Refresher training 3 months ago, he doesn’t need any further training

Answer 1 False The miner must be tasked trained

Question 2 After getting 20 MSHA citations, the mine decides to contest 2 of them These 2 citations need not be posted or made accessible to the miners until after the Review Commission has rendered a decision on them

Answer 2 False, Section 109 Any order, citation notice or decision required by the Act given to operator shall be delivered to the mine office & a copy immediately posted on the mine bulletin board

Question 3 A plant operator notices that the pit highwall directly above has large cracks on the top edge & rain is predicted today after a long dry spell Can he call MSHA for an inspection if the mine owner & his representative refuse to do anything about this?

Answer 3 Yes Under Section 103(g) “at any time any person may, & encouraged to, notify MSHA of any violation of the Act or safety or health standards or of an imminent danger

Question 4 A welder is welding a brace onto some weak metal steps located within 10’ of the open door of a flammable liquid storage area Can he be fined for this?

Answer 4 No A miner cannot be fined for any safety infraction except for False Statements & False Representations: Section 110(f), and Smoking; Section 110(g)

Question 5 Can the Mine Operator be fined for the previous situation?

Answer 5 Yes The Act is strict liability law

Conclusion Although it is the mine operators responsibility to provide safe conditions, Congress’s intention is to involve miners in safety

Conclusion Safety only effective if everyone participates It’s your life, so get involved & help keep the workplace safe