U.S. Department of Labor
Mine Safety and Health Administration
National Mine Health and Safety Academy
Other Training Materials
OT 2
Revised 2017
A Guide to
Miners’ Rights and Responsibilitie
Under the Federal Mine Safety and Health
Act of 1977
s
MSHA’s National Hazard Reporting System
“One Call Does It All!”
To report a hazardous condition at a mine to MSHA, call:
(800) 746-1553
You do not need to identify yourself!
OR
You may also report a hazardous condition by visiting MSHA’s Web
site listed below.
To help us help you, please include any or all of the following
information:
Name of company
Name of mine
Location of mine (city/town)
State where mine is located
If you know the MSHA ID for the mine, please include it.
Visit our Web site at www.msha.gov
Contents
Page
Introduction................................................................................. 1
Your Rights Under the Act............................................................3
Every Miner’s Responsibilities Under the Act .............................4
Your Protection Against Discrimination Under the Act.............. 4
Types of Discriminatory Conduct............................................5
Your Rights to Request a Health and Safety Inspection
or Report Hazardous Contitions, Imminent Dangers,
Violations of the Act or Health and Safety Standards .............7
Requirements and Benets of Filing a Formal
Section 103(g) Request for Inspection ..................................8
Appealing MSHA’s Determination..........................................8
Filing Other Hazardous Condition Complaints.......................9
Your Right to Be Represented or Participate in Inspections.......10
Designating a Miners’ Representative ........................................ 11
Multiple Representatives ....................................................... 11
Right to Pay for Miners Idled By a Withdrawal Order...............12
Your Right to Be Informed of and Participate in
Enforcement Proceedings Under the Act...............................13
Your Right to Contest Enforcement Actions...............................14
Review of Imminent Danger Orders...........................................15
Commission Review of Administrative Law
Judges (ALJ) Decisions.........................................................16
Judicial Review of Commission Decisions.................................16
Your Right to Receive Health and Safety Training.....................16
Your Part 46 Training Rights ......................................................17
Your Part 48 Training Rights ......................................................20
i
Page
Your Health Protection Rights ....................................................21
Hazardous Communications..................................................21
Noise Exposure Assessment ..................................................21
Toxic Substances and Hazardous Physical Agents
and Equipment Studies .......................................................22
Medical Surveillance for Coal Miners...................................22
Transfer Rights for Coal Miners Diagnosed
With Black Lung Disease ......................................................23
Your Protection Against Black Lung Discrimination
Underground Metal/Nonmetal Exposure to Diesel
............24
Your Black Lung Benets .....................................................24
Particulate Matter (DPM) ...................................................24
Your Rights Relating to New and Revised Standards
or Regulations........................................................................26
Petitions for Modication of a Safety Standard
or Regulation ......................................................................27
Your Rights to Information....................................................27
Monitoring and Recording of Exposure to Toxic
Materials or Harmful Physical Agents................................28
Accident Investigations .........................................................29
Notice of Proposed Civil Penalty ..........................................29
Posting Documents................................................................29
Your Rights Concerning Records, Plans, Maps,
Evacuation and Emergency Preparedness Drills
and Other Emergency Information ........................................29
Underground Coal Mines ......................................................29
Roof Control Plans ..........................................................29
Mine Maps.......................................................................30
Mine Emergency Response Plan .....................................30
Ventilation Plans..............................................................31
Records of Examinations and Reports.............................32
ii
 
 
 
 
 
Page
Rehabilitation of Areas With Unsupported Roof.............33
Ground Failure on Longwall Mining Systems ................33
Mine Emergency Evacuation, Training and Drills ..........33
Fire Suppression Systems................................................34
Surface Coal Mines/Surface Areas of Underground
Coal Mines.......................................................................34
Respirable Dust Control Plan and Sample
Limit on Exposure to Diesel Particulate Matter -
Reports; Posting............................................................34
Undergound Metal/Nonmetal Mines.....................................34
Ground Control - Rock Fixtures......................................34
Posting of Application ..................................................35
Your Responsibilities Under the Act...........................................35
Making False Statements and False Representations:
Section 110(f) ..................................................................35
Smoking Prohibited ...............................................................36
Advance Notice of Inspection ...............................................36
Responsibilities for Supervisors or Other Responsible
Persons...................................................................................37
Knowing Violations...............................................................37
Appendix
Your Health Rights......................................................................38
Audiometic Testing - 30 CFR 62.170 - 62.175 .....................38
Action Level (Enrollment in Hearing Conservation
Program) - 30 CFR 62.120 ..............................................38
Hearing Conservation Program - Training
30 CFR 62.180.................................................................38
Permissible Exposure Level - 30 CFR 62.130 ......................38
Dual Hearing Protection Level - 30 CFR 62.140 ..................39
iii
Page
Additional Information
Coal Mine Safety and Health District Ofces ............................40
Metal/Nonmetal Mine Safety and Health
District Ofces.......................................................................42
Ofce of Assessments, Accountability, Special
Enforcement and Investigations ............................................44
Educational Field and Small Mine Services
Assistant Managers................................................................44
Federal Mine Safety and Health Review Commission...............44
MSHA Headquarters Ofce........................................................44
Safety and Health Information Contacts.....................................45
iv
Introduction
The Federal Mine Safety and Health Act of 1977 (referred to in
this booklet as “the Act”) and the Mine Improvement and New
Emergency Response Act of 2006 (MINER Act), and Title 30 of
the Code of Federal Regulations (30 CFR) grant a variety of rights
for individuals employed as miners, designated representatives
of miners, and applicants for employment in mine related jobs.
Congress wanted to encourage each to take an active, responsible
role in matters of mine safety and health.
This booklet summarizes those rights and responsibilities but must
not, however, be considered an “ofcial” statement of the law and
should not be used as a source for legal interpretations of the Act.
Some of the rights and responsibilities described in this booklet may
involve interpretations of the Act by the Mine Safety and Health
Administration (MSHA) and could be modied by subsequent
Commission and court decisions.
If you are a miner, representative of miners, or job applicant, and
you have questions about your rights and responsibilities under
the Act beyond what is provided here, please contact the nearest
MSHA ofce. A list of District Ofces is located in the back of this
booklet.
To nd out about proposed and nal MSHA regulations, contact
your miners’ representative, the nearest MSHA ofce, or log onto
MSHA’s home page at www.msha.gov. MSHA sends copies of all
new regulations to all known miners’ representatives. A good safety
and health program depends on the active participation and interest
of everyone at the worksite. If you and your fellow miners take
advantage of these rights and adhere to your responsibilities, you
can help decrease workplace deaths, injuries, and illnesses.
1
A“mine” is generally any surface or underground location involved in
the extraction, preparation, or processing of coal or other minerals.
A “miner” is generally any person working in a mine, including
contractors, construction or demolition workers, and truck drivers
who are regularly exposed to mine hazards. Therefore, all persons
working in a mine may exercise the rights given them by the Act.
Supervisors who may not normally perform actual physical mining
activities but who work in a mine are also “miners.”
The Act gives certain rights to a “representative of miners.” This is
a person who has been chosen by two or more miners at a mine to
represent them in safety and health matters under the Act at their
mine. Additionally, the Act provides that applicants for mining jobs
cannot be denied a job because they have exercised rights given
them by the Act.
There are time limits on many of the rights described in this booklet.
You may risk losing some rights if certain time limits are not met.
For all of these rights included in this booklet, it is very important
that you be heard by the operator, MSHA and the courts when your
health or safety is at stake. For this reason, MSHA urges that you
keep good records when you believe your rights have been violated.
Things that you may need include a good calendar for dates of events
and copies of any documents you receive or send including emails
or text messages, and phone records. Finally, hold all important
conversations with management in the company of others. Do not
take any documents that belong to your employer such as required
books and records in order to document these events. Do not break
the law while attempting to secure your rights. If your rights are
being violated, notify MSHA at 1-800-746-1553.
2
Your Rights Under the Act
If you are a miner, representative of miners, or applicant for
employment:
You have the right to be protected against discrimination when you
exercise your rights under the Act, including reporting violations
and unsafe conditions at any mine.
If you are a miner or representative of miners:
You have the right to request that MSHA inspect your mine when
you believe that an imminent danger, a violation of the Act, or a
violation of a safety or health standard exists. You also have the
right to be informed of, and participate in, enforcement proceedings
under the Act.
If you are a miner:
You have the right to be paid for certain periods of time when a
mine, or part of a mine, has been closed because of a withdrawal
order.
You have the right to receive health and safety training during your
normal working hours and to be paid for that time at your regular
rate of pay.
You, and a fellow miner, have the right to have a representative
accompany an MSHA inspector during inspections at your mine.
If you are a representative who is also a miner:
You have the right to be paid for time spent participating in health
and safety inspections at your mine under certain circumstances.
3
Every Miner’s Responsibilities Under the Act
You have the responsibility to comply with all Federal and State
laws and regulations, and company safety and health policies.
When refusing to work in unsafe or unhealthy conditions, you
have the responsibility to notify the operator, supervisor, or other
responsible person. This gives the operator an opportunity to address
the situation.
You have the responsibility to provide truthful statements and
representations (orally or in writing) during any inspection or
investigation, or on any applications, records, reports, plans, training
certicates, or other documents required to be kept or led with
MSHA.
Your Protection Against Discrimination
Under the Act
Section 105(c) protects you from discrimination for exercising any
of your rights under the Act.
You may not be red, demoted, harassed, intimidated, transferred,
refused employment, suffer any loss of wages, or discriminated
against for exercising your rights under the Act.
You are protected under Section 105(c) of the Act when you engage
in the following activities:
•
File or make a complaint of an alleged danger or safety or
health violation to a Federal or State agency, a mine operator,
an operator’s agent, or a miners’ representative.
• File a complaint with the Federal Mine Safety and Health
Review Commission, testify, or otherwise participate in any
proceeding.
• Become involved in any inspection or investigation conducted
under the Act.
4
• Have a medical evaluation or are considered for transfer to
another job location because of harmful physical agents and
toxic substances. For example, coal miners have the right
to a chest x-ray and physical examination for black lung
disease (pneumoconiosis) and potential transfer to a less dusty
position if the diagnosis is positive.
• Withdraw from the mine for not having the required health
and safety training.
• Refuse to work in conditions you reasonably believe to be
unsafe or unhealthy.
• Use any statutory right given by the Act, such as being paid
as a miners’ representative while accompanying an MSHA
inspector during an inspection or the right to be paid while
receiving required training under the Act.
Activities that are not listed above may be protected.
Types of Discriminatory Conduct
Congress wanted the Act to be broadly interpreted and clearly meant
to protect you from discrimination if you, in good faith, exercise any
of these rights.
Some examples of discriminatory conduct include, but are not
limited to, the following:
• discharge or termination
• layoff
• demotion
• refusal of employment
•
reduction in your benets, vacation, bonuses, or rates of pay
• changes in your pay and hours of work
• threats of reprisal
• transfer to another position that is less desirable or with
compensation less than the regular rate of pay you received
immediately prior to the transfer
• interference with the exercise of your statutory rights
5
If you are a miner, representative of miners, or applicant for
employment and you believe that you have been the subject of
discriminatory conduct as a result of exercising your rights, you must
le
a discrimination complaint within 60 days of the discriminatory
event. You may have additional time to le your complaint under
special circumstances. If you were not aware of the discrimination
during the 60 day period, or other factors prevented you from ling
your complaint, your delay may be excused if you have a good
reason. You should always try to le the complaint during the 60
day period or as soon as possible if the 60 days have expired.
Be sure the complaint includes relevant details such as names, dates,
places, times, events, and actions of/or relating to the discrimination.
Anything that may assist MSHA or your lawyer in a case should be
documented. Documentation is essential if the discrimination has
affected you nancially. Whether it is due to a demotion, ring, or
loss of overtime, these nancial losses could possibly be returned to
you if they are properly documented. Please visit chapter 2, Exhibit
2-6, Information on Backpay for Miners, http://www.msha.gov/
READROOM/HANDBOOK/PH05-I-4.pdf for more information
about back pay and other related nancial losses.
You may le your complaint with any MSHA or local Black Lung
ofce. MSHA staff are specially trained to assist you, answer your
questions and provide you with the documents you need to le your
complaint. MSHA’s headquarters ofce also has specially trained
persons to answer questions and help you in ling a complaint.
If you are a miner and you have been discharged, or have otherwise
suffered a change in working conditions, such as a transfer to a
less desirable position for exercising your rights under the Act, you
may be eligible for temporary reinstatement. Upon your request
for temporary reinstatement, MSHA will examine your complaint
for its potential merit. If MSHA nds that your complaint appears
to have merit, Department of Labor attorneys may ask the Federal
Mine Safety and Health Review Commission (Commission) to
order your temporary reinstatement or, if necessary, your temporary
reassignment to a comparable job at your regular pay until a nal
decision is reached on your complaint.
6
For all cases, with or without temporary reinstatement, MSHA will
investigate your complaint and within 90 days of the date you led
your complaint you will be notied in writing of MSHA’s decision.
If MSHA determines that you have been discriminated against
under Section 105(c), Department of Labor attorneys will le an
action with the Commission requesting appropriate relief in your
complaint. Relief may include permanent reinstatement to your old
job, back pay, restoration of seniority rights, transfer (reassignment
to a comparable job), or any other remedy needed to correct the
discrimination.
If MSHA determines that no violation of Section 105(c) occurred,
you will be notied in writing and informed of your right to pursue
the matter without MSHA’s assistance. To do this, you need to le
an action on your own behalf with the Commission within 30 days
of being notied of MSHA’s determination in your complaint. If
the Commission agrees with you and nds that discrimination has
occurred, the Commission may order an appropriate remedy.
PLEASE NOTE: Discrimination on the basis of race, sex, age,
religion, handicap, union activity, or any other non-mining status,
is not covered by Section 105(c) of the Act. However, MSHA may
assist you in contacting the appropriate agency for relief.
Your Rights to Request a Health and Safety
Inspection or Report Hazardous Conditions,
Imminent Dangers, Violations of the Act or
Health and Safety Standards
You have the right to request that MSHA inspect your mine when
you believe that a hazardous condition, imminent danger, violation
of the Mine Act or MINER Act, or violation of a mandatory safety
or health standard exists. MSHA maintains a hotline, “One Call
Does It All” at 1-800-746-1553, and an online complaint system
at https://lakegovprod2.msha.gov/HazardousConditionComplaint.
aspx, on a 24-hour basis, 7 days a week, 365 days a year.
7
You can also request an inspection by directly talking to any MSHA
employee or by calling or writing any MSHA inspector or ofce. It
is important to remember that there is a difference between a formal
request for inspection made under Section 103(g) of the Act and all
other hazardous condition complaints. This distinction is described
below.
Requirements and Benefits of Filing a Formal Section
103(g) Request for Inspection
Under Section 103(g) of the Act, you or your representative have
the right to request an MSHA inspection if you believe an imminent
danger, violation of the Act, or violation of a mandatory safety or
health standard exists at your mine. All Section 103(g) requests for
inspection must be given to MSHA in writing and require a signature
from you or your representative.
A copy of the required sections of a Section 103(g) complaint is
provided to the mine operator either before the start of, or during the
inspection. If the complaint states that an imminent danger exists,
or the information indicates an imminent danger may exist, MSHA
will immediately contact the operator about the imminent danger.
Your name, the name of your representative, or any references to a
specic work area, equipment, work shift, or any other information
that would reveal your identity on the “Request for Inspection” will
remain condential and will not be provided to the operator.
The benets of ling a formal Section 103(g) complaint include:
a) you or your representative will receive a written notice from the
District Manager if MSHA decides not to conduct the requested
inspection, or if no violation or imminent danger was found; and
b) you have a right to appeal MSHA’s determination if they issue a
negative nding.
Appealing MSHA’s Determination
You or your representative may appeal MSHA’s determination not
to issue a citation or imminent danger order at the conclusion of the
inspection conducted as a result of your Section 103(g) complaint.
8
 
You or your representative must appeal the determination, in writing,
to
the appropriate District Manager. The appeal must be led
within 10 days of when you received notice of a negative nding
from MSHA. All information supporting your position should be
attached to your appeal. See 30 CFR 43 for more information. After
the District Manager receives your appeal, he or she may hold an
informal conference. At that time, you or your representative will be
allowed to present your views. Following the meeting, the District
Manager may do one of the following:
• Afrm the no violation ndings and provide justication for
not issuing citations or orders; or
• Require that an additional or new Section 103(g) investigation
be conducted.
Filing Other Hazardous Condition Complaints
A hazardous condition complaint is any communication from a
miner, representative of miners, or other party received by MSHA
that does not meet the criteria for Section 103(g), and describes
an alleged hazardous condition, imminent danger, violation of a
mandatory safety or health standard, or violation of the Mine Act or
MINER Act.
You may tell MSHA in writing, electronically, or orally at any time
about a potentially hazardous condition. You can contact any MSHA
inspector in the nearest district ofce or MSHA’s national hotline
number or Web site listed above.
No matter who makes the complaint or how we receive it, any
complaint about a safety and health concern that is clearly within
MSHA’s jurisdiction will be taken seriously. If the complaint
provides enough information to identify the location and the hazard
of concern, MSHA will inspect the mine as soon as possible to see
if the alleged violation or imminent danger exists. MSHA is not
required to give the operator a copy of any complaint categorized
as “other complaint” and the operator may not be informed that a
complaint has been made. MSHA will issue a citation if it nds
a violation, or a withdrawal order if it nds an imminent danger
exists.
9
Your Right to Be Represented
or Participate in Inspections
Section 103(f) of the Act gives your representative an opportunity
to participate in Federal mine inspections and in conferences before
and after the inspections occur.
Congress believed that you, with your knowledge of the work
site, could provide MSHA inspectors with a great deal of useful
information. They also believed that if you observed what happened
during an inspection, you would better understand how the Act’s
safety and health requirements work.
Miners’ representatives have the right to accompany MSHA
inspectors during their activities that involve enforcement of health
and safety standards. Your representative participates in MSHA’s
inspection without loss of pay, under certain circumstances, if he or
she is an employee of your operator.
This right does not include investigations concerning allegations of
discrimination or individual liability of agents of the operator for
violations of the Act or the health and safety standards found in 30
CFR. These types of investigations are condential, and neither
the company nor miners’ representatives have a right to attend any
interviews or be present at any step of the investigation unless the
investigation involves you, and you personally request either the
company representative or your representative to be present on your
behalf.
MSHA recommends that you select a representative for every
shift at the mine so that you can assure that your representative is
included in any inspection party. MSHA will not give advance
notice of an inspection, and the inspection party will not wait for
your representative to arrive if he or she is not at the mine at the time
of the inspection.
If no representative selected by you and your fellow miners is
present, or should you decide not to select a representative, MSHA’s
10
inspector will consult with a reasonable number of miners about
health and safety matters at your mine.
Generally, the law does not provide for pay when you or your
representative participates in technical consultations, equipment
demonstrations, off-mine property meetings, and discussion of
research.
Designating a Miners’ Representative
Under 30 CFR 40, any person or organization designated by
two or more miners may serve as a miners’ representative. Your
representative does not necessarily have to be an employee at your
mine. To be recognized as a designated person or organization,
your representative must le the appropriate documents with the
District Manager. For additional information about designating a
miners’ representative, see 30 CFR 40.3 online at http://www.msha.
gov/30cfr/40.3.htm.
You may also contact your local MSHA ofce or visit online at http://
www.msha.gov/forms/elawsforms/MineRep.htm to obtain additional
information on how to be a recognized representative of miners.
Once a person or persons or organization has been recognized by
MSHA as a representative of miners at your mine, a copy of the
information provided to the operator pursuant to 30 CFR 40.3 must
be posted upon receipt by the operator on the mine bulletin board
and maintained in a current status.
Multiple Representatives
A mine may have more than one miners’ representative for two
reasons. First, because only two miners are required to agree in
order to designate a miners’ representative, there may be multiple
groups of miners for any one mine who have designated different
individuals to represent them. Second, one individual group of
miners may designate several representatives so that every shift has
someone present. The MSHA inspector will determine the number
of representatives who travel with any given inspection party. If
11
the MSHA inspector decides that additional people are needed to
participate in the inspection because they are familiar with the mine
or with a specic problem area at the mine, the inspector may allow
the operator and the miners to have an equal number of additional
representatives. However, the operator is only required to pay one
representative of miners. The representative must be an employee of
the mine to receive compensation for accompanying the inspector.
There is one exception where multiple representatives may be
compensated for participating in inspections on the same day or
time.
Where two or more MSHA inspectors are at the mine at the same
time, and do not travel together, a representative may travel with
each inspector or with a separate group of inspectors. Under these
circumstances, each representative participates in the inspection
without loss of pay. This does not apply where two or more MSHA
inspectors are conducting an inspection together in the same section
or area of the mine.
When multiple operators are present at the mine and the work or
activities of one operator affect the safety and health of the other
operator(s), a miners’ representative of each of the operators has
the right to accompany an MSHA inspector under Section 103(f).
One representative of miners of each operator is entitled to pay
for the time spent accompanying the MSHA inspector during the
inspection.
Right to Pay for Miners Idled
By a Withdrawal Order
Under Section 111 of the Act, you are entitled to pay if you are idled
because of a withdrawal order issued to the operator.
If you are working on the shift when a withdrawal order is issued,
and you are idled by the withdrawal order, you are entitled to your
regular pay for the time lost; but only for the balance of the shift.
12
If the withdrawal order is not terminated before the next shift, all the
miners on the next shift are entitled to be paid at their regular rate for
the time they are idled, up to four hours.
If you are withdrawn from the mine or part of the mine and idled
because the operator does not comply with any mandatory safety or
health standard, you are to be paid for lost time at your regular rate
for the time you are idled, or for one week, whichever is the lesser.
If the operator fails to comply with a withdrawal order issued under
the Act and keeps you working in the area where the order applies,
you receive your full compensation for the time the order is issued
plus an amount equal to your full compensation for the time you
worked after the order was issued. If you are a miner working to
correct the condition that resulted in the withdrawal order, then
you are not working in violation of the order and are not entitled to
double pay.
If you or your representative believes you are entitled to
compensation but have not received it, you must le a complaint
with the Commission within 90 days after the idle period began
or should have begun. The Commission’s procedural rules can be
found at 29 CFR 2700 or at http://www.fmshrc.gov. Your MSHA
District Ofce can inform you of other possible remedies to recover
compensation to which you may be entitled.
Your Right to Be Informed of and Participate
in Enforcement Proceedings Under the Act
Under Section 107(b) of the Act, you have the right to be informed
of, and participate in, investigations and subsequent conferences and
Commission proceedings where there is an allegation of a possible
imminent danger which cannot be abated with current technology.
Sometimes MSHA nds that a mine or an area of a mine has danger-
ous conditions which cannot be corrected using existing technology.
If the dangerous condition does not present an imminent danger,
13
MSHA may issue a notice to the operator describing the area where
the condition exists. Your representative also gets a copy of this
notice.
MSHA may investigate the matter in greater detail and your
representative may present information to us about the notice during
this investigation. MSHA will also hold a public hearing about the
situation if it is requested. After the investigation and public hearing,
MSHA will either cancel the notice or issue an order withdrawing
the miners (except those who are working to correct the condition
or causes described in the order) from the area of the mine closed
by the order.
Once
you
have
been
withdrawn,
it
is
illegal
to
reenter
the
area
until
after a public hearing has been held at which all interested persons
have a chance to present their views and MSHA determines that the
hazardous conditions no longer exist.
Your Right to Contest
Enforcement Actions
You and your miners’ representative have the right to review all
citations and orders that are issued at your mine and request a
conference about them. Such requests must be made within 10
days of the issuance of the citations and/or orders. All citations
and orders are required to be posted at the mine. You and/or your
miners’
representative
may
also
request
to
be
notied
and
participate
in any conference held and submit additional information. MSHA
will consider all relevant information submitted in a timely manner
and upon conclusion of the conference or expiration of conference
request period. Unless the citation/order was vacated as a result of
the conference, the proposed penalty will be assessed. You and your
representative also have a right to a copy of the proposed assessment
for the citation/order.
You or your representative have the right to challenge the issuance,
modication,
or
termination
of
any
citation
or
order
issued
under
Section
104
of
the
Act,
and
also
the
reasonableness
of
the
time
xed
14
for abatement. This is called a “notice of contest.”
The notice should
state you and your representative’s position on each item being
challenged and the action (“relief”) you want MSHA to take, and
must be done within 30 days of when you or your representative
receive
your
copy
of
the
contested
citation
or
order,
modication,
or termination.
You or your representative may le a copy of this notice with the
Federal Mine Safety and Health Review Commission (Commission).
You can nd the Commission’s address at the end of this booklet.
As affected parties, you or your representative have the right to
participate in Commission hearings held under Section 104 of the
Act that were initiated by other parties.
The mine operator must post certain documents at the mine
including petitions for assessment and notices of contest. Both of
these documents will tell you that there is a case open before the
Commission relating to citation(s) and/or order(s) issued by MSHA.
If
your
miners’
representative
has
led
the
proper
paperwork
for
designation, he/she should also receive copies of these legal
documents.
Additional information regarding these rights can be found in
Sections
105(a),
105(b)(1)(A),
and
105(d)
of
the
Act
and
in
30
CFR
100.6
and
100.7,
and
29
CFR
2700.
Review of Imminent Danger Orders
Under Section 107(e) of the Act, your representative has 30 days
after
being
notied
that
an
imminent
danger
order
has
been
issued,
modied,
or
terminated
to
ask
the
Commission
to
reinstate,
modify,
or
vacate
the
order.
If
your
representative
les
a
request,
Commission
Administrative Law Judges may hold a hearing and issue a decision
to
vacate,
terminate,
afrm,
or
modify
the
order.

15
Commission Review of Administrative
Law Judges (ALJ) Decisions
The Administrative Law Judges (ALJs) work for the Commission.
These judges are not employees of MSHA or the U.S. Department
of Labor. You or your representative have a right to ask the
Commission to review an ALJ’s decision that adversely affects you.
If you decide to do this, you need to le your request (in the form
of a petition) with the Commission within 30 days after the ALJ’s
decision was issued. The Commission will decide whether or not
to review the decision. If the Commission decides not to conduct a
review, the ALJ’s decision becomes nal 40 days after it is issued.
For additional information see Section 113(d) of the Act or go to the
Commission website at www.fmshrc.gov.
Judicial Review of Commission Decisions
Under Section 106(a) of the Act, you or your representative have the
right to ask for a judicial review of a Commission decision where
you were a party and the decision adversely affects you.
If
you
decide
to
do
this,
you
must
le
a
written
petition
for
review
with the pertinent circuit court within 30 days after the Commission’s
decision,
requesting
that
the
decision
be
modied
or
set
aside.
The
review takes place either in the U.S. Circuit Court of Appeals for the
District of Columbia or for the circuit where the violation of the Act
is alleged to have occurred.
Your Right to Receive Health
and Safety Training
You have a right to receive health and safety training under 30 CFR
46 or 48 if you work in a mine or if you engage in mining operations
whether you are a rank and le employee or a supervisor. This
includes independent contractors and the employees of independent
contractors who are engaged in mining operations.
16
You
have a right to receive health and safety training under 30 CFR
46 or 48 during your normal working hours and to be paid for that
time at your regular rate of pay if you are an employee of the operator.
If the training is given at a place other than your normal workplace,
you must be compensated for the additional costs associated with
your training. Examples of these costs include mileage, meals, and
lodging.
Detailed training requirements for “New Miners,” “Experienced
Miners,” “Annual Refresher,” “New Task,” and “Hazard Recognition”
for Surface and Underground under CFR 46 and 48 may be found at
www.msha.gov/Education&Training.htm.
You must have the proper training prior to beginning work at a mine.
As an applicant, you do not have a right to have your future employer
(or the operator) pay for the newly employed or experienced miner
training. If you are laid off from work and your training expires
during the lay off period, the operator is not required by the Act to
pay for your training prior to your recall to work.
You have a right to withdraw yourself from the mine for not
having the required health and safety training. You cannot be red,
discriminated against, or suffer loss of pay if you withdraw yourself
or if you are withdrawn from a mine by an MSHA inspector because
you lack the required training. You are entitled to be paid from the
time you are withdrawn until you receive the required training and
the MSHA inspector veries the training.
Your Part 46 Training Rights
If you work in mining operations at a sand, gravel, surface clay,
surface limestone, surface stone, colloidal phosphate, or shell
dredging operation, surface marble, granite, sandstone, slate, shale,
traprock, kaolin, cement, feldspar, and lime operation, you are
required to have health and safety training under 30 CFR 46.
You have a right to site specic hazard awareness training if you are
a worker at a mine who is not involved in mining operations. This
17
 
includes
scientic workers (i.e. lab technicians); delivery workers;
customers (including commercial over-the-road truck drivers);
vendors; or visitors. This also includes maintenance or service
workers who do not work at a mine site for frequent or extended
periods. This training is not required for any person accompanied
by an experienced miner.
Training under 30 CFR 46 is provided by a “Competent Person.”
A Competent Person is dened as a person who is designated by
the production-operator or independent contractor with the ability,
training, knowledge, or experience to provide training to miners in
his or her area of expertise. The competent person must be able to
explain the training subject matter to you and must be able to evaluate
whether the training you received was effective. You may, in certain
cases, be able to substitute health and safety training required by
other agencies. Refer to 30 CFR 46.4(a)(3) for more information.
MSHA approves training plans under Part 46 in two ways:
• A training plan is considered approved by MSHA if it meets
the minimum requirements listed in 30 CFR 46.3(b).
• Training plans not meeting the minimum requirements of
30 CFR 46.3(b) must be submitted to MSHA for review and
approval.
Part 46 training plans are submitted to MSHA’s Regional Manager,
Educational
Field
Services
Division
(Regional
Manager)
for
review
and approval. Regional Manager’s addresses can be found at the end
of this booklet. The operator must inform you when a plan is being
submitted to MSHA for approval.
You or your representative may
also request that MSHA examine and approve the Part 46 training
plan for your mine.
Depending on which process for plan approval is followed, your
representative must receive a copy of the plan from the operator at
least two weeks before training starts, or at least two weeks before
the plan is sent to the Regional Manager for approval.
18
If there is no representative at your mine, the operator must post the
plan or give you a copy at least two weeks before training starts,
or at least two weeks before the plan is sent to MSHA’s Regional
Manager for approval.
When a training plan is submitted to MSHA’s Regional Manager
for approval (or a request for plan approval is made by you or your
representative), MSHA will notify you, your miners’ representative,
and the operator of MSHA’s decision, or the status of approval, in
writing within 30 days from the time MSHA receives it.
You or your representative may give written comments about
the plan to the operator or MSHA’s Regional Manager (where
applicable) within two weeks after the plan is received by the
miners’ representative or posted at the mine.
If you request a review and approval of the plan by the MSHA
Regional Manager, you must notify the production operator or
independent contractor of such request.
Once MSHA’s Regional Manager makes the decision to approve a
training plan, the operator must give your miners’ representative a
copy within one week. If there is no representative at your mine,
the operator must post the plan or give you a copy within one week.
Training plan decisions by MSHA’s Regional Manager can be
appealed in writing within 30 days after you or your representative
receives notice of the decision to the:
U.S. Department of Labor
Mine Safety and Health Administration
Director for Educational Policy and Development
201 12th Street South
Arlington, VA 22202
Additional information on Part 46 training may be found at:
www.msha.gov/Education&Training.htm
19
Your Part 48 Training Rights
Under 30 CFR 48, you must have comprehensive training if you
work in an underground mine in extraction and production, or
work in shaft or slope construction, or are regularly exposed to
mine hazards, or work in maintenance or service either employed
by the operator or work for a contractor at the mine for frequent
or extended periods. This includes the operator if he/she works
underground on a continuing, even if irregular, basis. Short-term,
specialized contract workers, such as drillers and blasters, who work
in extraction and production or work in shaft or slope construction
and who have received experienced miner training may, in lieu of
subsequent training under that section for each new employment,
receive hazard training under 30 CFR 48.11.
Training must be conducted by an MSHA-approved training
instructor. The operator must give your representative a copy of
the training plan at least two weeks before it is sent to the District
Manager for approval. If there is no representative at your mine, the
operator posts a copy of the plan on the mine bulletin board or gives
each miner a copy of the plan at least two weeks before it is sent to
the District Manager for approval.
You or your representative may submit written comments on the
plan to the operator who will forward them to the District Manager
or you or your representative may submit comments directly to the
District Manager.
The District Manager then evaluates and approves the plan or
suggests changes to the plan before it is approved.
If you are an experienced miner, you must receive training if you
are returning to the mine after an absence of more than 12 months.
You must receive training on major changes to the mine environment
that could adversely affect your health and safety if you return to
work at the same mine after being away for 12 months or less.
Additional information on Part 48 training may be found at:
www.msha.gov/Education&Training.htm
20
Your Health Protection Rights
Hazardous Communications
If you are a miner or an on-site operator who is exposed to chemical
hazards, you have a right to be informed about physical and health
hazards in your work area and the appropriate protective measures
to deal with those hazards (30 CFR 47.1-47.2). The operator of
your mine must develop and implement a written Hazardous
Communications (HazCom) program, and share that information
with you and any other operator whose miners are affected by the
hazards presented.
If you have a medical emergency, the operator must immediately
disclose any trade secret chemical information to your treating health
professional if the identity of the hazardous chemical is necessary
for emergency or rst aid treatment (30 CFR 47.83-47.85).
Noise Exposure Assessment
Under 30 CFR 62.110, the mine operator is required to monitor your
exposure to noise. You and your representative have the right to be
notied by the operator before you are monitored for noise exposure.
If you are affected, you and your representative are allowed to
observe the exposure monitoring activity. The requirements for
testing noise levels, and details regarding hearing protection regu-
lations are in the Appendix.
The operator is required to take action to reduce your exposure to
noise if your exposure exceeds: 1) the action noise level; 2) the
permissible exposure level; or 3) the dual hearing protection level.
If your noise exposure equals or exceeds any of these levels, the
operator must notify you of the exposure and its action(s) to reduce
your exposure within 15 days of determination, unless you have
been notied of an overexposure within the past 12 months. If you
have an excessive exposure, you must be enrolled in a hearing
conservation program.
21
Additionally, if your noise exposure is equal to or exceeds the
levels listed in 30 CFR 62.120, the operator must provide you with
hearing protection. You must be trained in the use of this hearing
protection. If dual hearing protection is required, you can choose
a hearing protector from at least two muff types and two plug
types. The operator must make sure that the hearing protector is
in good condition and tted and maintained in accordance with the
manufacturer’s instructions. Replacements are to be provided to
you at no cost. You may choose a different hearing protector(s) if
wearing the selected hearing protector(s) is subsequently precluded
due to medical pathology of the ear.
Toxic Substances and Hazardous Physical Agents and
Equipment Studies
Under Section 501(a)(11) of the Act, your representative may
request, in writing, MSHA or the Department of Health and Human
Services (DHHS) to conduct studies, research, experiments, and
demonstrations to determine if any substance normally found in
your mine has potentially toxic effects in its usual concentration,
or if any physical agents or equipment found or used at the mine
has potentially hazardous effects. MSHA or DHHS will share the
results of any of these activities with you and the operator as soon
as possible.
Medical Surveillance for Coal Miners
If you are a coal miner, the mine operator shall provide to you
periodic examinations including chest x-rays, spirometry, symptom
assessment, and occupational history.
The operator shall use facilities approved by the National Institute
for Occupational Safety and Health (NIOSH) to conduct these
examinations. The examinations are free-of-charge to you. The
mine operator shall post on the mine bulletin board at all times the
approved plan for providing these tests.
You have the opportunity for a chest x-ray when you start work in
a coal mine for the rst time, and again three years later if you are
22
working as a coal miner. If your second x-ray shows evidence of
the development of black lung, you receive an additional x-ray two
years later if you are still working as a coal miner.
You have an opportunity for a chest x-ray at least once every ve
years, or earlier, if requested by the Secretary of Health and Human
Services.
MSHA will give you the results of your examination and tests. You
may ask that the results of your examinations and tests be sent to
your designated physician.
Transfer Rights for Coal Miners Diagnosed
With Black Lung Disease
If your x-ray or other examination is positive for black lung disease,
you may have a right to transfer to a less dusty position. MSHA
will advise you, where appropriate of your transfer rights. Under
30 CFR 90 you may elect to work in an area of the mine where
the average concentration of dust in the mine atmosphere during
each shift is continuously maintained at or below 1.0 milligrams per
cubic meter of air. If you are transferred you have the right to retain
your regular rate of pay and receive wage increases.
If you are eligible for transfer rights, you will receive a written
notice from the Chief, Division of Health, Coal Mine Safety and
Health Administration. After notication, you may exercise or re-
exercise the option to work in a low dust area of the mine under
30 CFR 90 by signing and dating the Exercise of Option form and
mailing the form to:
U.S. Department of Labor
Mine Safety and Health Administration
Coal Mine Safety and Health
Chief, Division of Health
201 12th Street South
Arlington, VA 22202
23
 
You may waive your rights and be removed from MSHA’s active list
of
miners who have rights under 30 CFR 90. If rights under 30 CFR
90 are waived, you may re-exercise this portion at any time.
If you are found eligible for transfer under 30 CFR 90, the mine
operator must provide you with a copy of the MSHA-approved
respirable dust plan. The operator shall post the original or a copy
of the plan on the mine bulletin board.
Your Protection Against Black Lung Discrimination
You cannot be red or discriminated against if you are partly disabled
from black lung and keep working. If you are red or discriminated
against because of your condition, you or your representative may
apply
to
MSHA
or
the
Black
Lung
ofce
within 60 days for a review
of your situation. If you have any questions relating to black lung
discrimination or how to issue a discrimination complaint, please
contact
your
local
MSHA
or
Black
Lung
ofce.
Your Black Lung Benefits
You
are
entitled
to
compensation
and
medical
benets
if
you
are
a
coal miner who is totally disabled by black lung disease due to your
coal mine employment.
MSHA does not handle black lung benets.
For information on black lung benets, contact the:
U.S. Department of Labor
Ofce
of
Workers’
Compensation
Programs
Division
of
Coal
Mine
Workers’
Compensation
200
Constitution
Avenue,
NW
Washington,
DC
20210
Telephone: 1-800-693-2502
Underground Metal/Nonmetal Exposure to Diesel
Particulate Matter (DPM)
If you can reasonably be expected to be exposed to diesel emissions,
while working or traveling in the underground areas of a mine,
24
 
you must be trained annually by the operator concerning health
risks from exposure to DPM, control methods, the personnel who
are responsible for DPM controls and appropriate operation of
controls.
The mine operator must monitor your full-shift personal exposure
as often as necessary to verify continuing compliance. If you are
affected by the monitoring, the operator must notify you and your
representative before this monitoring takes place. You and your
representative may observe the exposure monitoring activity.
If you have been overexposed to DPM, the operator must promptly
post a notice on the mine bulletin board of how the operator intends
to correct the problem. Also, the operator must initiate corrective
action by the next work shift, and promptly complete the corrective
action. The operator must post monitoring results, as well as
sampling results from MSHA for at least 30 days. You and your
representative are entitled to a copy of sampling results.
If you are overexposed to DPM, the operator must take action to
reduce your exposure. If attempts to reduce your exposure with
controls are unsuccessful, you may be placed in a respiratory
protection program and tted with a respirator, provided you do not
have a medical condition that prevents you from wearing a respirator.
To determine your ability to wear a respirator, you must be examined
by a physician or other licensed healthcare professional (PLHCP),
free-of-charge.
You have the right to a copy of your medical results and to discuss
them with the PLHCP before the results are submitted to the mine
operator. If you disagree with the PLHCP’s determination, the mine
operator must reevaluate you, or give you up to 30 days to provide
additional information to the PLHCP to correct your medical results.
Also, you will be reevaluated if the mine operator “has reason to
believe” that conditions have changed regarding your ability to wear
a respirator.
If you cannot wear respirator protection for medical reasons, you will
not be allowed to continue to work in an area where such protection
25
is required. If the mine operator has an existing job in an area of the
same mine where you will not need to wear a respirator, you must
be transferred to work in that location within 30 days of the nal
determination by the PLHCP.
Regarding your pay, you are to be paid at no less than the regular
rate of pay in the classication held by you immediately prior to the
transfer. Any increases in pay after your transfer must be based on
your new work classication.
Your Rights Relating to New and Revised
Standards or Regulations
Section 101(e) of the Act requires MSHA to publish all proposed
health or safety standards or regulations in the Federal Register and
send copies of them to your representative and the operator. The
operator must post copies of the MSHA proposed standards and
regulations on your mine’s bulletin board.
You and your representative may comment on or object to a proposed
standard or regulation. The Federal Register will provide contact
information and all appropriate dates for submission of comments
on proposed standards or regulations. You and your representative
may also notify our contact person listed in the proposed standard or
regulation to request a hearing to state your views.
Under Section 101(d) of the Act, you or your representative may
le a petition to challenge a new standard within 60 days after the
standard is published in nal form in the Federal Register if you
believe you are adversely affected by it. You may le a petition
with the U.S. Circuit Court of Appeals for the District of Columbia
or for the circuit where you or your representative live. The court
will not, except “for good cause,” consider your objection to the
standard unless your objection was mentioned to MSHA during the
proposal period.
26
   
Petitions for Modification of a Safety Standard or
Regulation
Under Section 101(c) of the Act, your representative can ask MSHA
to modify how it applies a safety standard if the proposed alternative
guarantees at least the same measure of protection afforded by the
standard, or if enforcing the standard itself will cause safety to be
reduced at your mine.
MSHA will notify your representative if it receives a petition
for
modication
from
the
operator
or
anyone
else
at
your
mine.
Your representative can present his or her views on the proposed
modication
in
writing
or
can
request
a
hearing
before
a
Department
of Labor Administrative Law Judge (ALJ) to discuss the proposed
modication
after
MSHA
has
issued
its
decision.
ALJ
decisions
can
be appealed to the Assistant Secretary for Mine Safety and Health.
Your representative will also receive a copy of MSHA’s nal
decision on the modication. For more information on petitions for
modication refer to www.dol.gov.
Your Rights to Information
Under Sections 103(c) and (h) of the Act, you or your representative
have the right to receive copies of most records, information, reports,
ndings,
citations,
notices,
orders,
and
decisions
that
the
Act
calls
for from the Secretary of Labor (MSHA) or the Secretary of Health,
Education and Welfare (now Health and Human Services).
If you are a miner or a former miner, the operator can provide you
with copies of your records of exposure to potentially toxic materials
and harmful physical agents.
You and your representative have access (right to examine records)
to
all
HazCom
materials
except
as
provided
in
30
CFR
47.81
-
47.87
(provisions for withholding trade secrets).
The
operator
is
to
provide
the
rst
copy
and
each
revision
of
the
HazCom
material
free-of-charge
to
you
or
your
representative.
Fees
for additional copies are to be non-discriminatory and reasonable.
27
Upon request, the operator must disclose the identity of a trade
secret chemical in a non-emergency situation to an exposed miner,
the miner’s designated representative, or a health professional. This
request has to be in writing and must describe in reasonable details
an occupational health need.
If a request is denied, the denial has to be in writing and a copy
of the denial is to be provided to the health professional, miner or
designated representative within 30 days of the request.
Where administrative controls are used to reduce your exposure
to noise, the operator must post the procedures for these controls
on the mine bulletin board and provide you with a copy. Records
related to occupational noise exposure are available to authorized
representatives of the Secretaries of Labor and Health and Human
Services. Upon written request, the mine operator must provide you,
or with your written consent, to your designee, access to records
that the mine operator must maintain for you, within 15 calendar
days of the request.
Miners’ representatives designated under 30 CFR 40 have access
to training certicates prepared under 30 CFR 62.180(b) and to any
notice of exposure determination under 30 CFR 62.110(d). The
mine operator must provide the rst copy of such record at no cost
to the requestor, and additional copies at reasonable cost.
Monitoring and Recording of Exposure to Toxic
Materials or Harmful Physical Agents
Under Section 103(c) of the Act, you and your representative may
watch the operator’s monitoring or measuring of employee exposure
to potentially toxic materials or harmful physical agents.
If you are a miner or a former miner, you have a right to access
records of your exposure to toxic materials or harmful physical
agents. In case of overexposure, the operator must tell you about it
and what is being done to correct the situation.
28
Accident Investigations
Section 103(d) of the Act requires operators to investigate all
accidents to nd the cause of any accident, and to devise a way to
make sure it does not happen again. The operator’s accident records
and reports are open for inspection by “interested parties” which
include you and your representative.
Notice of Proposed Civil Penalty
Under Section 105(a) of the Act, MSHA will send the operator and
your representative notices of a proposed civil penalty for a safety
or health violation cited by an MSHA inspector.
Under Section 105(b) of the Act, MSHA will notify the operator and
send your representative a copy of any notice of a proposed civil
penalty under Section 110(b) for failure to correct a violation within
the time period permitted for its correction.
Posting Documents
Under Section 109 of the Act, MSHA will deliver to your mine ofce
any order, citation, notice, or decision required by the Act, and the
operator or its agent must immediately post copies of these on the
bulletin board at your mine. MSHA also mails or delivers copies of
these materials to your representative.
Your Rights Concerning Records, Plans, Maps,
Evacuation and Emergency Preparedness Drills
and Other Emergency Information
1. Underground Coal Mines
Roof Control Plans
Under Section 302(a) of the Act, you or your representative may
inspect a copy of the approved roof control plan of the underground
coal mine where you work.
29
30
CFR 75.220(e) says that the approved roof control plan and any
revisions shall be available to you and your representative at the
mine.
According to 30 CFR 75.220(d), before implementing an approved
revision to a roof control plan, all persons who are affected by the
revision shall be instructed in its provisions.
Mine Maps
Under Section 312(b) of the Act, you or your representative may
inspect the maps of the underground coal mine where you work. This
includes the mine map on which roof falls are plotted as explained
in 30 CFR 75.223(c), and the map of all electrical mine installations
as covered in Section 305(e) of the Act and 30 CFR 75.508.
The escapeway map for your mine must be posted and/or readily
accessible to you as a miner in the following locations: in each
working section; in each area where mechanized mining equipment
is being installed or removed; at the refuge alternative; and at a
surface location of the mine where miners congregate, such as at the
mine bulletin board, bathhouse, or waiting room.
The map must show designated escapeways from the working
section or the miners’ work stations to the surface or the exits at the
bottom of the shaft or slope, refuge alternatives, and SCSR storage
locations. These maps are to be kept up-to-date. Any change in
route of travel, location of doors, location of refuge alternatives,
or direction of airow is to be shown on the maps by the end of the
shift on which the change is made. All miners underground on the
shift when any such change is made must be notied immediately of
the change, and other affected miners must be notied of the change
before entering the underground areas of the mine.
Mine Emergency Response Plan
Under Section 316(b)(1)(D) of the Act, you and your representative
have the right to access your coal mine’s emergency response plan.
30
This plan is reviewed by MSHA at least every six months. You or
your representative may submit comments on the plan as part of this
review process. MSHA will consider all comments submitted by
you or your representative that could enhance a miner’s ability to
survive in an emergency.
Ventilation Plans
Your representative must be given notice of a new ventilation
plan or any change in an existing plan by the operator at least
ve days before the plan is submitted to MSHA. At the time of
notication, a copy of the proposed plan can be made available to
your representative, upon request.
Sometimes a plan has to be revised immediately. When this happens,
the operator must provide notication of the proposed revision and,
upon request, provide a copy of the proposed revision to the plan
to your representative when it is submitted to MSHA for approval.
Copies of proposed ventilation plans and any proposed revisions
must also be posted on the mine bulletin board. These documents
remain posted until they are approved, withdrawn, or denied.
Your representative may submit timely written comments regarding
the proposed plan or revision to the District Manager. The District
Manager will give copies of these comments to the operator if they
are requested.
The District Manager will notify the operator, in writing, of the plan
approval or denial and provide a copy of the notication to your
representative.
If a plan or revision is approved, copies of the plan and any revisions
to the plan are made available to your representative for inspection,
upon request. If you are directly affected, the operator must instruct
you in the provisions of the plan or revision before the approved
ventilation plan or revision takes effect.
The approved ventilation plans and revisions must be posted by the
operator on the mine bulletin board within one working day after
31
notication of approval. Approved plans and revisions stay posted
on the mine bulletin board as long as they remain in effect.
Records of Examinations and Reports
You and/or your representative may look at the recorded results of
examinations, tests, and reports made in underground coal mines.
These include:
• Pre-shift examinations (miners’ representative only)
• Weekly examinations for hazardous conditions (miners’
representative only)
• Weekly ventilation examinations (miners’ representative only)
• Electrical equipment examinations (miners’ representative
only, except for circuit breakers which are available to miners
and miners’ representatives)
•
Main Mine Fan pressure, fan examinations and data produced
by the fan monitoring system (miners’ representative only)
• Machine mounted methane monitor calibrations (miners’
representative only)
• Atmospheric Monitoring System operation, examination,
testing and calibration (miners’ representative only)
•
Training and qualication program records of persons
working on diesel-powered equipment (miners’ representative
only)
• Records relating to seals at underground coal mines (miners’
representative only)
• Procedures used for mining into inaccessible areas (these
records must also be posted near the site of such mining)
•
Records regarding inspection and tests of re suppression
systems installation and maintenance requirements
• Certications regarding conduct of mine emergency
evacuation training and drills (records maintained for one
year)
• Respirable dust sample data (must be posted for at least 31
days on the mine bulletin board)
32
Rehabilitation of Areas With Unsupported Roof
You have a right to instruction on the cleanup and support procedures
when you are assigned to rehabilitating each area where a roof fall
has occurred or the roof has been removed by mining machines or
blasting.
Ground Failure on Longwall Mining Systems
When you are working on a longwall mining system, you must be
notied that the tailgate is blocked when a ground failure prevents
travel out of the section through the tailgate side of a longwall section.
You must also be reinstructed on escape procedures, and reinstructed
in the availability and use of self-contained self-rescuers. See 30
CFR 75.222(g)(2).
Mine Emergency Evacuation, Training and Drills
You must participate in a mine emergency evacuation training and
drill once each quarter and escapeway drills from the working
section to the main escapeway at least once every 90 days. The
emergency and evacuation training must include hands on training
in self rescue devices used at the mine. During the evacuation drill
you must travel the primary or alternate escapeway in its entirety and
physically locate directional lines and the stored Self-Contained Self-
Rescuers (SCSRs). You must also review the mine and escapeway
maps, reghting plan, and the mine emergency evacuation plan
for your mine. A newly hired miner, who has not participated in a
mine emergency evacuation training and drill at the mine within the
previous three months, must participate in the next applicable mine
emergency evacuation training and drill.
Over the course of each year, you are to participate in expectations
training. Expectations training includes donning and transferring
SCSRs in smoke, simulated smoke, or an equivalent environment.
A miner shall participate in expectations training within one quarter
of being employed at the mine.
33
At the completion of each training or drill required in this section, the
operator is to certify by signature and date that the training or drill
was held in accordance with the requirements of 30 CFR 75.1504.
Certications shall be kept at the mine for a year and must be made
available to your designated representative. You should receive a
copy of the training certicate upon request.
Fire Suppression Systems
If you are normally assigned to the active workings of the mine, you
are to be instructed about the hazards inherent to the operation of the
re suppression systems where you work and, where appropriate,
the safeguards available for each system.
2. Surface Coal Mines/Surface Areas of Underground
Coal Mines
Respirable Dust Control Plan and Sample Reports;
Posting
The operator is required to post on the mine bulletin board a copy
of each current designated work position (DWP) respirable dust
control plan approved by the District Manager.
Upon receipt of respirable dust sample reports, the mine operator is
required to post this data for at least 31 days on the mine bulletin
board.
3. Underground Metal/Nonmetal Mines
Ground Control – Rock Fixtures
You and your representative have the right to examine the
manufacturer’s certication that roof and rock bolts and accessories
are manufactured and tested in accordance with the requirements
set forth in ASTM F-432-95, “Standard Specications for Roof and
Rock Bolts and Accessories.”
34
Limit on Exposure to Diesel Particulate Matter –
Posting of Application
An operator may le an application for extension of time if the mine
needs time to achieve compliance with the nal diesel particulate
matter limits of 30 CFR 57.5060 due to technological or economic
constraints. If such an application is led, it must be posted at the
mine site for at least 30 days prior to the date of application. Your
representative must also be given a copy of the application.
The extensions are limited to a period of one year from the date
of the approval. Additional extensions provided are limited to one
year. See 30 CFR 57.5060(c) for additional information.
Your Responsibilities Under the Act
A good safety and health program depends on the active participation
and interest of everyone at the mine site. If you and your fellow
miners exercise your responsibilities, you can help decrease
workplace deaths, injuries, and illnesses.
It is your responsibility to comply with all Federal and State laws
and regulations and your mine’s safety and health policies.
When refusing to work in unsafe or unhealthy conditions, you
are responsible for notifying the operator, a supervisor, or other
responsible person. This gives the operator the opportunity to
address the situation.
Making False Statements and False Representations:
Section 110(f)
Under Section 110(f) of the Act, you are responsible for providing
truthful statements or representations (orally or in writing) during
any inspection or investigation, or on any application, record, report,
plan, training certicate, or other document required to be kept or
led by the Act. Criminal nes for violation under the Act are subject
35
to
the increased penalty provisions by the Federal Comprehensive
Crime Control Act, 18 U.S.C. 3571. You may be ned, or imprisoned
up to ve years, or both.
Smoking Prohibited
Under Section 110(g) of the Act, you are prohibited from smoking
in all underground coal mines, gassy underground metal/nonmetal
mines, areas around combustible/ammable storage, waste, or
distribution facilities, explosives magazines, and other surface areas
where smoking could cause a re or explosion.
You are prohibited from smoking or carrying smoking materials,
matches, or lighters into an underground coal mine and gassy
underground metal/nonmetal mines.
You are prohibited from smoking or using an open ame at a surface
coal mine in any area where it might cause a re or an explosion.
You are prohibited, if you work in an underground metal/nonmetal
mine,
from
smoking
or
using
an
open
ame
where
ammable
or
combustible
liquids,
including
greases,
or
ammable
gases
are
used
or
transported
in
a
manner
that
could
create
a
re
hazard
or
are
stored or handled.
You are prohibited from smoking within 50 feet of where explosives
or detonators are stored in noncoal mines.
You are prohibited from smoking in a uranium mine where radon
daughter exposure measurements are required to be taken.
You may be ned for each separate violation.
Advance Notice of Inspection
Any person who gives advance notice of an inspection conducted by
MSHA
may
be
ned,
imprisoned,
or
both
as
stated
in
Section
110(e)
of the Act.
36
Responsibilities for Supervisors or Other
Responsible Persons
If you are a supervisor or other responsible person, you have the
responsibility to take appropriate action to address the safety and
health issues and concerns.
You are prohibited from interfering with, hindering, or delaying any
inspection or investigation carried out under the Act.
You must admit an authorized representative (MSHA inspector or
investigator) into a coal or metal/nonmetal mine for the purpose of
an inspection or investigation.
You shall permit access to and copying of any information, document
or record requested during an inspection or investigation.
Knowing Violations
Under Section 110(c) of the Act, if you are a director, ofcer or
agent of a corporation, you have additional responsibilities under
the Act.
If you knowingly authorize, order, or carry out a violation of a
mandatory health and safety standard, or knowingly violate or
refuse to comply with any order issued under the Act or any order
incorporated in a nal decision issued under the Act, you may be
subject to civil penalties, nes, and imprisonment.
37
Appendix
Your Health Rights
Audiometric Testing – 30 CFR 62.170 – 62.175
The operator must provide you with audiometric tests to satisfy the
requirements of the standard. These tests are to be conducted by a
physician or an audiologist, or by a qualied technician under the
direction or supervision of a physician.
Action Level (Enrollment in Hearing Conservation
Program) – 30 CFR 62.120
The operator is required to enroll you in a hearing conservation
program if your noise exposure equals or exceeds the action level.
Hearing Conservation Program – Training
30 CFR 62.180
You must receive training within 30 days of your enrollment in a
hearing conservation program. You are to receive training every
12 months, thereafter, if your noise exposure continues to equal or
exceed the action level.
Permissible Exposure Level – 30 CFR 62.130
The operator must assure that you are not exposed to noise that
exceeds the permissible exposure level during any work shift.
If during any work shift your noise exposure exceeds the permissible
exposure level, the operator must use “…all feasible engineering
and administrative controls to reduce [your] noise exposure to the
permissible exposure level, and enroll [you] in a hearing conservation
program....”
You are not to be exposed at any time to noise levels exceeding 115
dBA (decibels), as determined without adjustment for the use of any
hearing protector.
38
Dual Hearing Protection Level – 30 CFR 62.140
If during any work shift your noise exposure exceeds the dual hearing
protection level, the operator must, “…in addition to the actions
required for noise exposure that exceed the permissible exposure
level, provide and ensure the concurrent use of both an ear plug and
ear muff type hearing protector.”
39
  
Additional Information
Coal Mine Safety and Health District Ofces
District 2 - Bituminous coal mining regions in Pennsylvania
District 3
- Maryland, Ohio, and Northern West Virginia
District 4 - Southern West Virginia to inlcude the following
counties: Boone, Braxton, Clay, Fayette, Greenbrier, Kanawha,
Monroe, Nicholas, Pocahontas, Putnam, Raleigh, Summers, Webster
District 5 - Virginia and Eastern Kentucky
District 7 - Central Kentucky, North Carolina, South Carolina, and
Tennessee
District 8 - Illinois, Indiana, Iowa, Michigan, Minnesota, Northern
Missouri, Wisconsin
District 9 - All States west of the Mississippi River, except for
Minnesota, Iowa, and Northern Missouri
District 10 - Western Kentucky
District 11 - Alabama, Georgia, Florida, Mississippi, Puerto Rico,
Virgin Islands
District 12 - Southern West Virginia to inlcude the following
counties: Cabell, Lincoln, Logan, McDowell, Mercer, Mingo,
Wayne, Wyoming
District Ofces
2 - Mt. Pleasant, PA 8 - Vincennes, IN
3 - Morgantown, WV 9 - Denver, CO
4 - Mount Hope, WV 10 - Madisonville, KY
5 - Norton, VA 11 - Birmingham, AL
7 - Barbourville, KY 12 - Pineville, WV
40
Ofce of the Administrator
CMSH
201 12th Street South
Arlington, VA 22202
(202) 693-9500
MSHA - District 2
Paladin Professional Center
631 Excel Drive, Suite 100
Mt. Pleasant, PA 15666
(724) 925-5150
MSHA - District 3
604 Cheat Road
Morgantown, WV 26508
(304) 225-6800
MSHA - District 4
100 Bluestone Road
Mt. Hope, WV 25880
(304) 877-3900
MSHA - District 5
Wise County Plaza -2nd Floor
147 Plaza Road
Norton, VA 24273
(276) 679-0230
MSHA - District 7
3837 S. U.S. Hwy. 25E
Barbourville, KY 40906
(606) 546-5123
MSHA - District 8
2300 Willow Street, Ste. 200
Vincennes, IN 47591
(812) 882-7617
MSHA - District 9
Denver Federal Center
6th & Kipling, 2nd Street
Building 25 E-18
Denver, CO 80225
(303) 231-5458
MSHA - District 10
100 YMCA Drive
Madisonville, KY 42431-9019
(270) 821-4180
MSHA - District 11
1030 London Drive, Suite 400
Birmingham, AL 35211
(205) 290-7300
MSHA - District 12
4499 Appalachian Highway
Pineville, WV 24874
(304) 732-6410
41
Metal/Nonmetal Mine Safety and Health District Ofces
Northeastern District: Connecticut, Delaware, District of
Columbia, Maine, Maryland, Massachusetts, New Hampshire,
New York, New Jersey, Ohio, Pennsylvania, Rhode Island,
Vermont, Virginia, and West Virginia
North Central District: Illinois, Indiana, Iowa, Michigan, Minnesota,
Wisconsin
Rocky Mountain District:
Arizona, Colorado, Kansas, Montana,
Nebraska, North Dakota, South Dakota, Utah, Wyoming, and
in
the
state
of
Idaho
for
the
counties
of
Clark,
Fremont,
Jefferson, Madison, Teton, Bingham, Bonneville, Caribou,
Bannock,
Power,
Bear
Lake,
Franklin
and
Oneida
Southeastern
District
Ofce:
Alabama,
Florida,
Georgia,
Kentucky,
North Carolina, Puerto Rico, South Carolina, Tennessee, Virgin
Islands and Mississippi for
the counties of Alcorn, Benton,
Calhoun, Chickasaw, Choctaw, Clarke, Clay, George, Greene,
Grenada, Itawamba, Jasper, Kemper, Lafayette, Lauderdale, Lee,
Lowndes, Marshall, Monroe, Montgomery, Neshoba, Newton,
Noxubee,
Oktibbeha,
Pontotoc,
Prentiss,
Tippah,
Tishomingo,
Union, Webster, Winston, and Yalobusha
South Central District:
Arkansas, Louisiana, Missouri, New
Mexico,
Oklahoma,
Texas
and
Mississippi
for
the
counties
of
Adams, Amite, Attala, Bolivar, Carroll, Claiborne, Coahoma,
Copiah,
Covington,
DeSoto,
Forrest,
Franklin,
Hancock,
Harrison, Hinds, Holmes, Humphreys, Issaquena, Jackson,
Jefferson, Jefferson Davis, Jones, Lamar, Lawrence, Leake,
Leore,
Lincoln,
Madison,
Marion,
Panola,
Pearl
River,
Perry,
Pike, Quitman, Rankin, Scott, Sharkey, Simpson, Smith, Stone,
Sunower,
Tallahatchie,
Tate,
Tunica,
Walthall,
Warren,
Washington, Wayne, Wilkinson, and Yazoo
Western
District:
Alaska, California, Hawaii, Idaho not to include
the
counties
of
Clark,
Fremont,
Jefferson,
Madison,
Teton,
Bing-
ham,
Bonneville,
Caribou,
Bannock,
Power,
Bear
Lake,
Franklin
and
Oneida;
Nevada,
Oregon,
Mohave
County,
Arizona,
Washing-
ton
County
Utah,
State
of
Washington,
and
Pacic
Territories
42

District Ofces
Northeastern
Warrendale, PA
South Central
Dallas, TX
Southeastern

Birmingham,
AL
Rocky Mountain

Denver,
CO
North Central
Duluth, MN
Western
Vacaville, CA
Ofce of the Administrator
M/NMSH
201 12th Street South
Arlington, VA 22202
(202) 693-9502
MSHA - NE District
100 Thorn Hill Road, Suite 100
Warrendale, PA 15086
(724) 772-2334
MSHA - SE District
1030 London Drive, Suite 400
Birmingham, AL 35211
(205) 290-7297
MSHA - NC District
Fed. Bldg., U.S. Courthouse
515 W. 1st St., Rm. 333
Duluth, MN 55802-1302
(218) 720-5448
MSHA - SC District
1100 Commerce Street,
Rm. 462
Dallas, TX 75242-0499
(214) 767-8401
MSHA - Rocky Mtn. District
Denver Federal Center
6th & Kipling, 2nd Street
Building 25 E-16
Denver, CO 80225
(303) 231-5465
MSHA - Western District
991 Nut Tree Road
Vacaville, CA 95687
(707) 447-9844
43
 
Office of Assessments, Accountability,
Special Enforcement and Investigations
Ofce of Assessments,
Accountability, Special
Enforcement and Investigations
201 12th Street South
Arlington, VA 22202
(202) 693-9700
Ofce
of Assessments,
Accountability
, Special
Enforcement and Investigations
7 N Wilkes-Barre Blvd.
Stegmaier #432
Wilkes-Barre, PA 18702
(570) 826-6431
Educational Field and Small Mine Services
Assistant Managers
Eastern Operations
1301 Airport Road
Beaver, WV 25813
(304) 256-3223
Western Operations
PO Box 25367
Denver, CO 80225
(303) 231-5434
Federal Mine Safety and Health
Review Commission
Federal MS&H Review Commission
1331 Pennsylvania Avenue, NW, Suite 520N
Washington, DC 20004
(202) 434-9900
MSHA Headquarters Office
Mine Safety and Health Administration
201 12th Street South
Arlington, VA 22202
(202) 693-9500
Note: To contact your local MSHA ofce, please consult your local
telephone directory under U.S. Government, Department of Labor.
44
Safety and Health Information Contacts
Title and Name Phone Number
Miners’ Representative __________________
Safety Committeeman __________________
Company Instructor __________________
Company Safety Director __________________
MSHA Inspector __________________
MSHA Inspection Supervisor __________________
MSHA District Manager __________________
_______________________ __________________
_______________________ __________________
_______________________ __________________
_______________________ __________________
_______________________ __________________
_______________________ __________________
45
Notes
Notes
Notes
U.S. Department of Labor
Mine Safety and Health Administration
National Mine Health and Safety Academy
Other Training Materials
OT 2
Revised 2017
A Guide to
Miners’ Rights and Responsibilities
Under the Federal Mine Safety and Health
Act of 1977