Called Miners’ Representative Guide, the handbook and online resource expands upon the agency’s June 2011 release of Guide to Miners’ Rights and Responsibilities.
It outlines detailed information for reporting hazardous conditions and imminent dangers, accident investigations, understanding the elements of discrimination under the Mine Act’s Section 105(c), health and safety training and petitions for modification of a safety standard.
It also includes workers’ rights to information and records, civil penalties and requests under the Freedom of Information Act.
MSHA defines miners’ representatives as any person, group or organisation designated by two or more miners to represent their interest during health and safety enforcement processes at their mine.
US Congress dictated under the Federal Mine Safety and Health Act of 1977 that, at the designation of a miners’ representative, that individual be included in all aspects of mine safety and health including traveling with and assisting federal inspectors, filing hazard complaints, participating in modification of mandatory safety standards and playing a role in litigation procedures under the Mine Act.
“A good safety and health program depends upon the active participation and interest of everyone at the worksite,” assistant secretary of labor for mine safety and health Joseph Main said.
“In order to help decrease workplace deaths, injuries, and illnesses, miners and their representatives must have sufficient knowledge of their rights so that they can fully and properly exercise them.”
Section 105(c) of the Mine Act prohibits discrimination against miners, applicants for employment and representatives of miners for exercising statutory rights, which include protected safety or health activities such as identifying hazards, requesting MSHA inspections or refusing to engage in unsafe work.
The issue came to the forefront once again during congressional hearings following the Upper Big Branch mine disaster in 2010, particularly miners’ fears of discrimination and retaliation.
Many made statements on behalf of themselves and those killed in the blast that mine employees had been reluctant to speak out about safety conditions that had existed because they feared management retaliation.
Last year alone, federal officials submitted 46 temporary reinstatement requests to the Federal Mine Safety and Health Review Commission on behalf of workers who had submitted complaints of discrimination – more than twice that of any previous year.
Additionally, 34 complaints were filed that alleged mine safety discrimination – an industry record.
Both the Miners’ Representative Guide and previous Guide to Miners’ Rights and Responsibilities can be viewed at http://www.msha.gov/minersrepguide/minersrepguide.asp.
