Federal Mine Safety and Health Review Commission

1331 PENNSYLVANIA AVE., N.W., SUITE N520

WASHINGTON, D.C. 20004-1720

ADMINISTRATIVE LAW JUDGE HEARINGS ORDER

August 26, 2022

Glynn F. Voisin, Chief Administrative Law Judge:

Federal Mine Safety and Health Review Commission Administrative Law Judges are committed 

to a high standard to protect the health and safety of all persons who may appear before them, during the 

Coronavirus 2019 (COVID-19) pandemic, while continuing the agency’s mission. As of January 3, 2022, 

the Commission has resumed in-person hearings, but for the duration of this order all hearings are subject 

to its terms.

Commission Judges may, at their sole discretion, hold remote hearings (e.g. via Zoom) and inperson hearings. Judges also have the discretion to hold a hybrid hearing, that includes both in-person and 

video participation. Commission Judges shall exercise this discretion within uniform parameters as set 

forth herein. Each Judge shall determine (1) when to use remote hearings in lieu of in-person hearings and 

(2) specific safety procedures to be used at a hybrid or in-person hearing.

In determining the type of hearing, Judges will consider current guidance and safety factors on a 

case-by-case basis. Judges will ensure all parties appearing pro se who are required to participate in a 

remote hearing have access to equipment, an internet connection, and other appropriate technology. Prior 

to conducting an in-person hearing, Judges will schedule a conference call with the attorneys and 

representatives of each of the parties to discuss, among other things, safety considerations for the inperson hearing. Persons who are not comfortable with travel or appearing in person, may request to attend 

the hearing via remote access (e.g. via Zoom). Judges may discuss the agency’s workplace safety plan 

that outlines travel guidelines, protocols, and safety measures in conjunction with the CDC Community 

Levels1. 

The Judge will set a hearing location after considering CDC Community Levels using the CDC 

COVID Data Tracker2and the safety and health rules currently in place by the state and local public 

health entities. Where community levels are HIGH, Judges are discouraged from setting in-person 

hearings. If in-person participants are traveling to attend a hearing, the community levels of where they 

are traveling from need to be taken into account as well. In choosing a courtroom, the Judge will take into 

consideration the rules and requirements of the court or hearing facility, as well as all applicable federal, 

state, and local regulations and guidelines. If the hearing is to be a hybrid hearing, the Judge will also 

consider the availability of internet and technology needs in the courtroom.

1 See https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html

2 See https://covid.cdc.gov/covid-data-tracker/#countyview?list_select_state=all_states&list_select_county=all_counties&data-type=CommunityLevels 
During the prehearing conference, the Judge will consider federal, state, local and courtroom 

requirements and inform the parties of such requirements. The requirements apply to all persons attending 

the in-person hearing. The discussion will also address who may enter the courtroom, when, and what 

safety measures, such as masks and physical distancing, must be implemented. No person may enter the 

courtroom, or the witness room without the permission of the Judge. 

In addition to any federal, state, local and facility safety and health rules, all persons attending inperson hearings are also subject to the below requirements:

• FMSHRC employees:

o All FMSHRC employees must adhere to the agency’s workplace safety plan, diagnostic 

testing policy, and CDC guidance on physical distancing, mask wearing, isolation in the event 

of symptoms or a positive test result, and official travel requirements.

• Visitors, Contractors, Non-government Parties, Representatives and Witnesses:

o Contractors, for purposes of this order, are defined as individuals who have been contracted by 

FMSHRC to attend an in-person hearing for a specific purpose (e.g. a court reporter creating a 

transcript).

o Visitors, Contractors, Non-government Parties, Representatives and Witnesses who attend an 

in-person hearing must adhere to the agency’s workplace safety plan and CDC guidance on 

physical distancing, mask wearing, and isolation in the event of symptoms or a positive test 

result. When CDC Community Levels are MEDIUM or HIGH, the same individuals must 

complete the COVID-19 Symptom Screening Tool form before entering a facility where an inperson hearing will be held. 3

 

The Judge may consider all factors, in totality, in determining if a remote hearing will be held and 

who may be present for the hearing. No single factor is dispositive.

These procedures shall remain in place until this order is vacated or otherwise modified by 

subsequent order.

SO ORDERED.

____________________

Glynn F. Voisin

Chief Administrative Law Judge

3 The FMSHRC COVID-19 Screening Tool form is available in Appendix C of the agency’s workplace safety plan. 

Individuals who plan to attend a hearing can also obtain a copy of the form by contacting a Judge’s office.