ISSUE DATE: 09/02/2010 

PROGRAM INFORMATION BULLETIN NO. P10-17 

FROM: KEVIN G. STRICKLIN

 Administrator for 

 Coal Mine Safety and Health 

 NEAL H. MERRIFIELD

 Administrator for Metal and 

 Nonmetal Mine Safety and Health 

 JAY MATTOS

 Director, Office of Assessments 

SUBJECT: Miners' Protections against Discrimination for Exercising Statutory Rights 

and Procedures to Protect those Rights 

Scope

Mine operators, miners, miners' representatives, Mine Safety and Health Administration 

(MSHA) enforcement personnel, and other interested parties should have this 

information. 

Purpose

The purpose of this Program Information Bulletin (PIB) is to remind mine operators and 

other persons that the Federal Mine Safety and Health Act of 1977 (Mine Act), as 

amended, protects miners against discrimination for exercising statutory rights. This 

PIB also provides a summary of the enforcement procedures to protect miners against 

discrimination or interference with these rights. 

Information

MINERS' STATUTORY RIGHTS 
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Section 105(c) of the Mine Act prohibits persons from discriminating against miners, 

applicants for employment and representatives of miners for exercising statutory rights 

especially concerning safety or health activities, such as identifying hazards, asking for 

MSHA inspections, or refusing to engage in unsafe acts. 

Statutory rights protected under the Mine Act are expansive. A miner has the right to: 

• Refuse to work if the miner has a good faith, reasonable belief that a specific 

working condition threatens the miner's health or safety. 

• File or make a complaint under the Mine Act of a hazardous condition or a 

violation of the safety or health standards to a Federal or State agency, a 

mine operator, an operator's agent or a miners' representative. 

• Institute, testify, or assist in any proceeding conducted under the Mine Act. 

• Have medical evaluations leading to a possible transfer to another job 

location because of harmful physical agents and toxic substances. 

• Withdraw from the mine for not having the required safety and health training. 

• Exercise any statutory rights afforded by the Mine Act. 

MSHA provides a nonexclusive list of miners' rights under the Mine Act and its 

standards in its newly revised publication "A Guide to Miners' Rights and 

Responsibilities under the Federal Mine Safety and Health Act of 1977” at: 

http://www.msha.gov/S&HINFO/minersrights/minersrights.asp. 

Also, under the Mine Act, mine operators have a responsibility to provide training. 

Miners have a right to be trained in the health and safety aspects of tasks, recognizing 

hazards at the mine, and the proper procedures for reporting health and safety hazards 

at the mine. The mine operator must conduct this training at least annually or more 

frequently as necessary. See 30 C.F.R. parts 46 and 48. 

Among the most common forms of discrimination the Mine Act prohibits are discharge, 

suspension, loss of pay, demotion, changes in pay, changes in work hours, or reduction 

in benefits, vacation, bonuses, overtime, or rates of pay. The Mine Act also protects 

miners from the more subtle forms of interference, such as intimidation or threats of 

reprisal. The Mine Act prohibits any person (not just the mine operator) either directly or 

indirectly from discriminating against a miner, an applicant for employment or a 

representative of miners. 

ENFORCEMENT PROCEDURES 

MSHA vigorously investigates discrimination complaints to encourage miners to 

exercise their rights under the Mine Act and to maximize their involvement in monitoring 

safety and health conditions at mines. MSHA will seek more substantial civil penalties 

against mine operators that have repeatedly discriminated against miners as a deterrent 

to future instances of illegal discrimination. 

When any person takes discriminatory action including threats of reprisal against a 

miner, representative of miners, or an applicant for employment for exercising her or his 
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rights under the Mine Act, a complaint may be sent to MSHA. The miner, 

representative, or applicant must sign the complaint and should send the complaint to 

MSHA within 60 days of the discriminatory act. MSHA will begin to investigate a 

discrimination complaint within 15 days of receiving it. 

Discrimination complaints requesting temporary reinstatement will be investigated 

immediately. If it is determined that the complaint was not frivolously brought, the Mine 

Act provides that Department of Labor attorneys shall request an Order from the 

Federal Mine Safety and Health Review Commission (Commission) for temporary 

reinstatement of the miner. This action will happen before MSHA issues a final decision 

on the complaint. If granted, the Order for reinstatement will last until the complaint is 

resolved, including any hearings or appeals. 

Generally, within 90 days after receiving a complaint, MSHA determines whether a 

violation has occurred and notifies the miner, representative, or applicant in writing of 

the Agency’s decision. If MSHA determines a violation exists, Department of Labor 

attorneys will file a complaint on behalf of the complainant with the Commission. If 

MSHA determines that no violation has occurred, the miner, representative of miners, or 

applicant may file an action in his or her own behalf before the Commission within 30 

days of MSHA's notification. 

REMEDIES 

Under the Mine Act, the Department of Labor attorneys will request and the 

Commission must provide any and all relief to the miner, applicant or representative of 

miners to correct the discrimination. Relief may include permanent reinstatement to the 

miner's old job, back pay, restoration of seniority rights, transfer (reassignment to a 

comparable job), or any other remedy needed to correct the discrimination. The 

Commission may also issue broad cease-and-desist orders and require the mine 

operator to post notices. 

In addition, the Commission is to award the miner, applicant for employment or 

representative of miners, all reasonable costs and expenses (including attorney's fees) 

incurred to prosecute the case. The person who discriminated and therefore violated 

the Mine Act must pay these costs and expenses in addition to any other penalties or 

fines under the Mine Act. 

MSHA maintains an anonymous hotline to report hazardous conditions. The phone 

number is 1-800-746-1553. Persons may also report hazardous conditions to their 

MSHA District office. MSHA will promptly investigate any report of a hazardous 

condition at a mine. 

Background 

On April 21, 2010, MSHA launched inspections at 57 coal mines whose enforcement 

history indicated a significant number of violations related to methane accumulations, 
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ventilation, rock dusting and mine examinations. These impact inspections followed the 

April 5, 2010, explosion at Massey's Upper Big Branch Mine in Montcoal, West Virginia, 

and focused attention on mine ventilation, rock dusting, methane monitoring, and mine 

examinations. 

On May 24, 2010, the House Education and Labor Committee conducted a hearing on 

the Upper Big Branch explosion. The Committee heard testimony from deceased 

miners’ families. The testimony addressed issues regarding safety conditions in 

existence prior to the explosion. The family members testified that the mine operator, 

Massey Energy, Inc., would retaliate if miners expressed concern about safety and 

health issues to management. Family members testified that even if nothing was done 

immediately, Massey would find reason to retaliate weeks or months later. The 

Committee also heard testimony that the Upper Big Branch miners did not have an 

opportunity to refuse to work at a job or in an area that they deemed to be unsafe, and if 

they did refuse to work, they would be fired. 

This PIB re-emphasizes MSHA’s intent that mine operators fully comply with the Mine 

Act and MSHA’s regulatory requirements. MSHA encourages miners who believe that 

they have been discriminated against for exercising their rights under the Mine Act to 

file a complaint at their local MSHA office. 

Authority 

Section 105(c) of The Federal Mine Safety and Health Act of 1977, as amended, 

30 U.S.C. § 815(c). 

Internet Availability 

This PIB may be viewed on the Internet by accessing MSHA's home page at 

www.msha.gov then choosing "Compliance Info” and then “Program Information 

Bulletin." 

Issuing Office and Contact Persons

Coal Mine Safety and Health 

Michael Kalich, (202) 693-9714 

E-mail: kalich.michael@dol.gov 

Metal and Nonmetal Safety and Health 

Marvin Lichtenfels, (202) 693-9606 

E-mail: Lichtenfels.marvin@dol.gov 

Office of Assessments 

Carolyn James (202) 693-9564 

E-mail: James.carolyn@dol.gov 
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Distribution

MSHA Program Policy Manual Holders 

Underground and Surface Mine Operators 

Independent Contractors