Miner’s Rights

1. Miner’s Rights

2. Rights • Inspection participation • Request inspection • Pay during mine withdrawals • Discrimination protection • Training • Informed of enforcement • Health protection • Contest enforcement

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

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

5. 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

6. 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harassed, transferred to lower paying job, or lose benefits for: • Filing complaint • Instituting or testifying • Withdrawn from mine

7. 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

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

9. Legal Proceedings • Informed & participate in enforcement proceedings • Contest citations • Orders, notices & citations • Bulletin board

10. Medical Rights • Annual audiograms • Medical exams if exposed to toxic materials

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

12. 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

13. Answer 1 False The miner must be tasked trained

14. 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

15. 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

16. 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?

17. 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

18. 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?

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

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

21. Answer 5 Yes The Act is strict liability law

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

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