Strategic Plan

2022-2026

Federal Mine Safety and Health 

Review Commission (FMSHRC)

JANUARY 2022
1

Chair’s Message...........................................................................................................................2

Overview......................................................................................................................................3

Enabling Legislation................................................................................................................................................. 3

Agency ....................................................................................................................................................................... 3

Location..................................................................................................................................................................... 4

Mission....................................................................................................................................................................... 5

Core Values.............................................................................................................................................................. 5

Strategic Goals ............................................................................................................................6

Strategic Goal 1...........................................................................................................................7

Strategic Objective 1.1, Strategies and Performance Indicators.................................................................. 8

Strategic Objective 1.2, Strategies and Performance Indicators.................................................................. 8

Strategic Objective 1.3, Strategies and Performance Indicators.................................................................. 9

Strategic Goal 2.........................................................................................................................10

Strategic Objective 2.1, Strategies and Performance Indicators................................................................11

Strategic Objective 2.2, Strategies and Performance Indicators................................................................11

Strategic Goal 3.........................................................................................................................12

Strategic Objective 3.1, Strategies and Performance Indicators................................................................13

Strategic Objective 3.2, Strategies and Performance Indicators................................................................13

Strategic Objective 3.3, Strategies and Performance Indicators................................................................14

TABLE OF 

CONTENTS
2

I am pleased to present the Federal Mine Safety and Health Review 

Commission’s 2022-2026 Strategic Plan. It outlines my priorities for 

the Commission and provides information to the public to promote

transparency of the Commission’s operations.

The Commission has one overarching purpose: adjudicate disputes 

arising under the Mine Act. Most recently, our workforce has 

successfully adjusted daily operations to fulfill our core mission 

within the emergency pandemic environment. We continue to take 

the necessary steps to adapt, modernize, and accommodate our 

workforce and the public during this unprecedented time. 

I am also excited to announce that the Commission began the initial

quarter of fiscal year 2022 with the onboarding of our first Chief 

Operating Officer (COO), a member of the Senior Executive Service. The COO fills a critical role as 

a career senior official, responsible for ensuring the successful implementation of our Strategic Plan 

through dedicated oversight of the Commission’s program offices and daily operations.

Thank you to the entire Commission workforce for your dedication to our mission.

I am proud to lead a diverse team of talented and dedicated employees.

Respectfully,

Arthur R. Traynor III

Chair

CHAIR’S MESSAGE
3

Enabling Legislation

The Federal Mine Safety and Health Review Commission’s authorizing statute is the Federal Mine 

Safety and Health Act of 1977 (Mine Act), as amended. Section 113 of the Mine Act establishes the 

Commission and sets forth its responsibilities.

Agency

The Federal Mine Safety and Health Review Commission is an independent adjudicatory agency 

charged with resolving disputes arising from the enforcement of safety and health standards in the 

nation’s mines.

Under the Mine Act, the Commission does not regulate the 

mining industry, nor does it enforce the Mine Act; those 

functions are delegated to the Secretary of Labor acting 

through the Mine Safety and Health Administration (MSHA), 

and, with respect to Section 105(c)(3), to miners themselves. 

The Commission carries out its responsibilities through triallevel adjudication by administrative law judges and appellate 

review of the judges’ decisions by a five-member Commission. 

The Commissioners are appointed by the President and 

confirmed by the Senate. 

Most cases involve the contest of civil penalties proposed by MSHA to mine operators for alleged 

violations of mandatory health and safety standards, and address whether the alleged safety and health 

violations occurred as well as the assessment of appropriate civil penalties sufficient to deter 

operator noncompliance. The Commission is required by the Mine Act to review proposed penalty 

settlements between operators and MSHA to ensure that a penalty once proposed and contested 

before the Commission is not compromised out of the view of the public and without justification. 

Other types of cases include contests of MSHA orders to close a mine for health or safety reasons, 

miners' requests for compensation after being idled by such orders, review of MSHA’s approval or 

disapproval of operators’ emergency response and other mine safety plans, miners’ complaints that

they suffered discrimination because they exercised protected safety rights, and miners’ allegations of 

interference with the exercise of such rights. Disputes involving the temporary reinstatement of a 

miner or an emergency response plan must be decided on an expedited basis. 

OVERVIEW
4

Once a case is filed with the Commission, it is referred to the Chief Administrative Law Judge (Chief 

Judge). Thereafter, litigants in the case must submit additional filings before the case is assigned to a 

judge. To expedite the decisional process, the Chief Judge may rule on certain motions and, where 

appropriate, issue orders of settlement, dismissal, or default. Otherwise, once a case is assigned to an 

individual judge, that judge is responsible 

for the case and rules upon motions and 

settlement proposals. If a hearing is 

necessary, the judge schedules and 

presides over the hearing, and issues a 

decision based upon the record. A judge’s 

decision becomes a final, non-precedential 

order of the Commission unless it is 

accepted for review by the Commission.

The Commission provides administrative appellate review. It may, in its discretion, review decisions 

issued by judges when requested by a litigant, or it may, on its own initiative, direct cases for review. 

The Commission’s decisions are precedential and appeals from the Commission’s decisions are heard 

in the federal courts of appeals.

Location

The Commission is headquartered in Washington, DC with satellite offices located in Denver, CO 

and Pittsburgh, PA.
5

Mission

The mission of the Federal Mine Safety and Health Review Commission is to provide just, speedy, and 

legally sound adjudication of proceedings authorized under the Mine Act in a manner that deters 

noncompliance with the Act and ensures that a penalty once proposed and contested before the 

Commission is not compromised out of view of the public or without justification.

Core Values

In late 2020, Commission employees representing a cross-section of the agency and all its 

departments and geographic locations organized into a Work Environment Committee (WEC). The 

WEC studied and discussed methods for improving workplace civility and culture. The Committee 

arrived at a set of core values for the agency that will guide the development and implementation of a 

WEC action plan. 

The four core values place People FiRST:

 Fair Treatment

 Respect

 Service

 Trust

Logo courtesy of FMSHRC employee Christoph Wilhelm.
6

The Strategic Plan focuses on three goals:

Strategic Goal 1: Ensure expeditious, fair, and legally sound 

adjudication of cases

Strategic Goal 2: Increase the Commission’s overall operational 

efficiency and effectiveness

Strategic Goal 3: Achieve organizational excellence through 

workforce development

STRATEGIC 

GOALS
7

Ensure expeditious, fair, and legally sound adjudication of 

cases

The Commission strives to produce timely decisions and regularly 

adjusts business processes to address the unpredictable workload. We 

remain flexible given that the number of new cases at both the trial and 

appellate levels is not subject to the control of the Commission.

Strategic Objectives:

1.1 Ensure timely issuance of decisions at the trial level 

1.2 Ensure timely issuance of decisions at the appellate level 

1.3 Issue orders addressing motions to reopen cases in a timely manner

STRATEGIC 

GOAL 1
8

1.1 Ensure timely issuance of decisions at the trial level

Strategies

• Refine electronic docketing systems and develop enhanced search functionality

• Evaluate case management process to identify tools for efficient processing

• Support and train staff to conduct virtual hearings when in-person hearings are unavailable 

• Create dedicated SharePoint pages for administrative law judge groups to centralize relevant 

data

• Provide mediation training and other resources to facilitate settlement

Performance Indicators

 Average time from receipt to disposition of all cases

 Average time from receipt to disposition of penalty cases

 Percent of all cases on hand over 365 days in age

1.2 Ensure timely issuance of decisions at the appellate level

Strategies

• Ensure that Office of the General Counsel (OGC) attorneys submit initial drafts of decision to 

the General Counsel within 30 days of an Open Meeting

• Fill open OGC positions as caseloads increase

• Reinstate Commission quarterly case status pipeline meetings (when processing time lags)

Performance Indicators

 Average time from direction for review to issuance of a decision

 Average time from briefing completion to issuance of a decision

 Percent of all substantive cases on hand over 18 months in age
9

1.3 Issue orders addressing motions to reopen cases in a timely 

manner

Strategies

• Assign motions to OGC attorneys on a rotating basis (if the number of filings remain 

consistent)

• Hire a dedicated attorney-advisor (if there is a substantial increase in number of filings)

Performance Indicators

 Average time from receipt of the motion to issuance of final order
10

Increase the Commission’s overall operational efficiency 

and effectiveness

Proper administration of agency resources is key to the success of our 

substantive mission and instilling public confidence in the Commission’s 

operations. We are committed to consistent evaluation of our 

programs in order identify and assess areas in need of adjustments or 

improvements and taking necessary corrective actions.

Strategic Objectives:

2.1 Modernize Information Technology infrastructure, resources, and 

capabilities

2.2 Increase internal transparency

STRATEGIC 

GOAL 2
11

2.1 Modernize Information Technology infrastructure, resources, 

and capabilities

Strategies

• Create a dedicated Information Technology (IT) work unit

• Consolidate and streamline IT services and providers

Performance Indicators

 Number of IT professionals recruited and onboarded

 Percentage of milestones for IT modernization met on schedule

2.2 Increase internal transparency

Strategies

• Launch a SharePoint Intranet homepage

• Update and centralize agency-wide policies

Performance Indicators

 Number of SharePoint pages added for data sharing

 Number of policies updated and shared with workforce
12

Achieve organizational excellence through workforce 

development

We must align human capital to support the new Strategic Plan, develop 

current staff to enable their success, and advance diversity, equity, 

inclusion, and accessibility (DEIA) initiatives. We will continue to adapt 

to support a hybrid work environment, maintain workplace flexibilities, 

and invest in programs that further work-life balance.

Strategic Objectives:

3.1 Advance diversity, equity, inclusion, and accessibility

3.2 Improve talent management

3.3 Promote work-life programs

STRATEGIC 

GOAL 3
13

3.1 Advance diversity, equity, inclusion, and accessibility

Strategies

• Implement WEC recommendations to promote a workforce environment focused on DEIA

and create a culture that embodies our agency’s core values

• Increase data collection in areas key to DEIA and assess, interpret, and use collected data to 

accomplish DEIA goals

Performance Indicators

 Number of WEC recommendations implemented to advance DEIA initiatives

 Implement systems to track and use DEIA data 

3.2 Improve talent management

Strategies

• Institute an internal mentorship network

• Support the loaner judge program

• Initiate professional development programs including interagency assignments

Performance Indicators

 Number of employees participating in internal mentorship network

 Percentage of eligible judges participating in the loaner judge program

 Number of eligible employees participating in the interagency assignments and other 

professional development programs
14

3.3 Promote work-life programs

Strategies

• Establish long-term hybrid work schedules

• Set up a Student Loan Repayment Program (SLRP)

• Survey the workforce on desired work-life programs

Performance Indicators

 Percentage of signed routine telework agreements

 Number of continued service agreements signed for SLRP

 Number of other work-life programs instituted