The tools, which can be accessed online at the MSHA website, include a full text of A Guide to Miners’ Rights and Responsibilities as well as links to additional resources on worker rights and an electronic form to anonymously file a hazard complaint.
Also included is a packet regarding discrimination complaints, information on black lung and a collection of online videos to address concerns about unsafe conditions, hiring decisions, how to refuse unsafe work, the role of supervisors, the role of miners’ representatives who travel with federal inspectors, and knowing one’s rights and responsibilities.
Section 105(c) of the Federal Mine Safety and Health Act of 1977, the governing regulatory structure over the industry, prohibits discrimination against miners, applicants for employment and representatives of miners for exercising statutory rights, especially those rights that concern safety or health activities such as identifying hazards, requesting MSHA inspections or refusal to engage in unsafe work.
“All miners, including supervisors and contractors, have the right to identify hazardous conditions and refuse unsafe work without fear of discrimination or retaliation,” assistant secretary of labor for mine safety and health Joseph Main said.
“Ensuring that miners understand their rights has been a priority of mine since well before I was appointed to this job in 2009. We hope these tools will help give miners the confidence to exercise those rights.”
Under the Mine Act, Main said, workers could request an MSHA inspection of a mine when they felt an imminent danger or a violation of the act or if a safety or health standard existed.
In addition, miners have the right to be informed of and participate in enforcement proceedings and be paid for periods of time when a mine, or part of a mine, is closed due to a withdrawal order.
Workers also have the right to health and safety training during normal working hours, and to be paid for that time at their regular pay rates. They may select a representative to accompany MSHA officials during inspections as well.
“If miners have health or safety concerns, we want them to have the freedom to speak up,” Main said.
“Although mine operators are ultimately responsible for ensuring safe and healthful working conditions, a good safety program depends upon the active participation, interest and commitment of everyone at the worksite.”
MSHA is addressing discrimination and retaliation fears that emerged last year following the Upper Big Branch explosion in West Virginia, when workers testified to the issues during congressional hearings.
Federal officials heard statements from both miners and miners’ family members regarding a fear of speaking out about safety conditions prior to the blast, and evidence uncovered by federal and state authorities has supported those claims.
In addition to the online portal, the entire training package will also be available on CD and DVD formats by submitting a request at the MSHA website.