Transcript Miners’ Rights - Mine Safety and Health Quizzes from the

Miners’ Rights
The Miners’ rights and
responsibilities under the Federal
mine safety and health act of 1977
Larry R Harshbarger
Heritage Group Safety
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled. That this Act may be cited as the "Federal Mine
Safety and Health Act of 1977".
SEC. 2. Congress declares that--
(a) the first priority and concern of all in the mining
industry must be the health and safety of its most
precious resource--the miner;
(b) deaths and serious injuries from unsafe and
unhealthful conditions and practices in the mines
cause grief and suffering to the miners and to their
families;
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
(c)there is an urgent need to provide more effective
means and measures for improving the working
conditions and practices in the Nation's mines in order
to prevent death and serious physical harm, and in
order to prevent occupational diseases originating
in such mines;
(d)the existence of unsafe and unhealthful conditions
and practices in the Nation's mines is a serious
impediment to the future growth of the mining industry
and cannot be tolerated;
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
(e)the operators of such mines with the assistance
of the miners have the primary responsibility to
prevent the existence of such conditions and
practices in such mines;
(f)the disruption of production and the loss of income
to operators and miners as a result of mine
accidents or occupationally caused diseases unduly
impedes and burdens commerce;
Mine Health and Safety
Administration
• MSHA was established to
develop and enforce all health
and safety standards.
30 CFR
• These standards
or laws cover all
the regulations in
all of the mines in
the United States.
Enforcement Of The Act
Federal Mine
Safety & Health
Act of 1977
Title 30 Code of Federal
Regulations
MSHA
Enforcement
Operators
and
Miners Appeal
Administrative
Law Judge
(ALJ)
Federal Mine S & H
Review
Commission
Federal
Appeals
Court
Miners’ Rights
• A good safety program depends on active
participation and interest of everyone at the
work site.
• The Act gives miners & their representatives
many rights because Congress wants to
encourage them to take an active,
responsible role in safety & health matters.
• If miners take advantage of these rights, they
can help decrease workplace deaths, injuries
and illnesses.
1. Inspection Participation
The right to have a representative of the
miners accompany federal inspectors
during inspections at a mine.
– Can provide inspector with useful
information
– Better understand the Act’s safety
requirements
– Suffer no loss of pay
2. Request Inspection
The right to obtain an inspection where
there are reasonable grounds that an
imminent danger or violation exists.
– Work with management first
– Notice by telephone, letter, fax, e-mail
– If circumstances warrant, MSHA
will inspect mine
– Will receive written notice if MSHA
decides not to inspect
3. The Right To Pay
The right to pay during certain periods
of time when a mine has been closed
because of a withdrawal order.
– Compensation is paid for balance of
shift, up to 4 hours of next shift, up to
1 week for non-compliance, or double
pay if withdrawal notice is ignored
– Compensation complaints may be
filed with MSHA
4. Discrimination
The right to be protected from any
discrimination based on the exercise
of rights given by the Act.
– It is illegal for a miner to be fired, transferred
to lower paying job, not hired, harassed, or
lose job benefits for:
•
•
•
•
Filing a complaint
Instituting, testifying, or assisting any proceeding
Subjected to a medical evaluation leading to a transfer
Being withdrawn from mine for not having mandatory
safety training
5. Training
The right to receive safety and health
training.
– All miners must receive training in:
• 24 hour new miner training
• 8 hour annual refresher
• Newly hired experienced miners
• New task training
• Site specific hazard training
5. Training (Continued)
The right to receive safety and health
training.
– Normal pay during training
– Training during normal working
hours
– Receive a training certificate
– A copy of training certificate when
leaving the company
6. Legal Proceedings
The right to be informed of, and to
participate in, enforcement and
legal proceedings under the Act.
– May contest MSHA enforcement
actions
– Right to receive a copy of orders,
notices & citations issued at the mine
– A bulletin board available for posting
of orders, notices and citations
7. Medical Rights
The right to Health Protection under
the Act.
– Annual Audiograms
– Medical examinations for miners
exposed to toxic materials
Miners’ Responsibilities
• Assisting the operators to
achieve safe work conditions
• Report all safety hazards
• Know and obey all of the
company safety rules
• Not making false statements
and false representations
• Not smoking in prohibited areas
Conclusion
• Although it is the mine
operators responsibility to
provide safe and healthful
conditions in their mines,
it was the intention of Congress in passing
this law, and MSHA in implementing it, to
involve the miners in mine safety and
health.
Conclusion
• A mine safety and health
program is only as effective
as the hazard awareness it
instills in everyone.
• Remember, it is your life
and health we are trying to
protect, so don’t deny
yourself the opportunity to get
involved. Help us and help
yourself.