ISSUE DATE: 09/02/2010 

PROGRAM INFORMATION BULLETIN NO. P10-16 

FROM: KEVIN G. STRICKLIN

 Administrator for 

 Coal Mine Safety and Health 

 NEAL H. MERRIFIELD

 Administrator for 

 Metal/Nonmetal Mine Safety and Health 

SUBJECT: Hazardous Condition Complaints and Right to Request Inspections 

Scope

Coal mine operators, metal and nonmetal mine operators, miners and miners’ 

representatives, independent contractors, Mine Safety and Health Administration 

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

information. 

Purpose

This Program Information Bulletin (PIB) informs the mining community of the right to 

make a hazardous condition complaint under the Federal Mine Safety and Health Act of 

1977 (Mine Act), and the necessary procedure and contact information. 

Information

Section 103(g)(1) of the Mine Act provides that a miner or a miners’ representative has 

the right to obtain an immediate MSHA inspection if he has reasonable grounds to 

believe that an imminent danger, a violation of the Mine Act, or a violation of a 

mandatory safety or health standard exists. Requests for an inspection under 

§ 103(g)(1) must be given to MSHA in writing and signed by the miner or miners’ 

representative. As soon as possible after the receipt of the complaint, MSHA will 

conduct a special inspection to determine if a violation or danger exists. A copy of the 

§ 103(g)(1) complaint is provided to the mine operator either before the start or during 

the inspection; however, MSHA will take all reasonable steps to maintain and assure 

the confidentiality of the complainant. Protecting the identity of a complainant is of the 

utmost concern to MSHA and is a statutory requirement under in § 103(g)(1) of the Mine 

Act. In addition to the removal of the name of a complainant, MSHA may rewrite the 
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complaint to remove references to a specific work area, equipment, or work shift that 

would otherwise make the identity of the complainant obvious. 

If MSHA conducts a special inspection under § 103(g)(1) and finds a violation or 

imminent danger, MSHA will issue a citation or withdrawal order, as appropriate. If 

MSHA determines that neither a citation nor a withdrawal order is warranted, the 

inspector will issue a notice of negative finding to the miner or the miners’ 

representative and serve a copy of such finding to the operator. A miner or miners’ 

representative to whom a notice of negative finding has been issued may request a 

review of such finding under MSHA regulations at 30 C.F.R. § 43.7(b)-(d). 

Section 103(g)(2) of the Mine Act provides that prior to or during an inspection, a miner 

or a miners’ representative may notify MSHA, in writing, of a violation of the Act or any 

imminent danger which the miner or miners’ representative has reason to believe exists 

in the mine. If the MSHA inspector does not issue a citation or order regarding the 

alleged violation or imminent danger, the miner or the miners’ representative may 

request a review of such finding under 30 C.F.R. §§ 43.7(b)-(d). 

In addition to hazard complaints made under § 103(g)(1) or (g)(2), any person may 

notify MSHA of a potentially hazardous condition, imminent danger, violation of the Mine 

Act, or a violation of a mandatory safety or health standard exists either by contacting 

any MSHA inspector in the nearest district office, or by using the MSHA hotline, “One 

Call Does It All” at 1-800-746-1553, or online complaint system accessed through the 

MSHA website at www.msha.gov. The MSHA hotline and online complaint system are 

available on a 24-hour basis, 7 days a week, 365 days a year. Regardless of who 

makes the complaint or how MSHA receives it, any complaint about a safety and health 

concern that is clearly within MSHA’s jurisdiction will be taken seriously. If the 

complaint provides sufficient information to identify the location and hazard, it will be 

promptly investigated, and MSHA will issue a citation or a withdrawal order as 

appropriate. 

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, 

ventilation, rock dusting and mine examinations. These impact inspections followed the 

April 5, 2010, explosion at the Upper Big Branch Mine in Montcoal, West Virginia, and 

focused 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 including inadequate ventilation, intentional changes to 

ventilation systems, high levels of methane, excessive coal float dust, “bridging out” 

methane monitors on mining equipment, advance notice of MSHA inspections, and 

retaliation for miners who raised safety and health issues. 
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This PIB re-emphasizes MSHA’s intent that mine operators fully comply with the Mine 

Act and MSHA’s regulatory requirements. 

Authority

The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq., 

and 30 C.F.R. Part 43. 

Internet Availability

This PIB may be viewed on the World Wide Web by accessing MSHA’s home page at 

(www.msha.gov), choosing “Compliance Info” and “Program Information Bulletins.” 

Issuing Office and Contact Persons

Coal Mine Safety and Health, Safety Division 

Stephen J. Gigliotti, (202) 693-9479 

E-mail: gigliotti.stephen@dol.gov

Metal and Nonmetal Mine Safety and Health 

Marvin D. Lichtenfels, (202) 693-9606 

Email: lichtenfels.marvin@dol.gov 

Distribution

MSHA Program Policy Manual Holders 

Coal Mine Operators 

Metal and Nonmetal Mine Operators 

Miners’ Representatives 

Independent Contractors 

Special Interest Groups