Federal Mine Safety and Health Review Commission

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

WASHINGTON, D.C. 20004-1720

ADMINISTRATIVE LAW JUDGE HEARINGS ORDER

December 3, 2021

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 attorneys, representatives, parties, and witnesses 

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 will resume 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 

require specific procedures to provide for safety. 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 an in-person hearing.

In determining use of a remote hearing, Judges will consider safety factors on a case-by-case 

basis. Judges also have the discretion to hold a hybrid hearing, that includes both in-person and video 

participation. 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. Judges may discuss the agency’s travel guidelines, protocols, and safety measures. 

Persons who are not comfortable with travel or appearing in person, may request to attend the hearing via 

remote access (e.g. via Zoom).

The Judge will set a hearing location after considering the safety and health rules currently in 

place by the state and local public health entities. 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.

During the prehearing conference, the Judge will inform the parties of the federal, state, local and 

courtroom requirements and seek a commitment to adhere to those requirements. The requirements apply 

to all attorneys, assistants, parties, and witnesses. The discussion will also address who may enter the 

courtroom, when, and what safety measures, such as masks and social distancing, must be implemented. 

No person may enter the courtroom, or the witness room without the permission of the Judge. 

Hearing participants are subject to the following vaccination requirements for attendance at inperson hearings:
• FMSHRC employees:

o FMSHRC employees must be fully vaccinated by November 22, 2021, unless a legally 

required exemption applies. All FMSHRC employees must adhere to CDC guidance on 

social distancing and mask wearing.

• Visitors:

o Visitors are federal employees from other agencies such as the Department of Labor, 

spectators, and press. Visitors must attest to their vaccination status using the Certificate 

of Vaccination form at https://www.saferfederalworkforce.gov/ 

downloads/CertificationVaccinationPRAv7.pdf. The judge shall not collect 

documentation to verify their attestation. Visitors who are not fully vaccinated shall show 

proof of a negative COVID-19 test result from a Food and Drug Administration 

authorized test taken within three days prior to entry to the in-person hearing. The Judge 

shall not collect documentation to verify COVID-19 test results. All visitors must adhere 

to CDC guidance on social distancing and mask wearing.

• Contractors:

o Court reporters are contractors and must be fully vaccinated by January 18, 2022, unless 

a legally required exemption applies. All court reporters must adhere to CDC guidance on 

social distancing and mask wearing.

• Non-government Parties, Representatives and Witnesses:

o Persons who are not federal government employees and who are parties, representatives

of parties, or witnesses do not need to attest to their vaccination status to attend an inperson FMSHRC hearing and Judges shall not inquire into their vaccination status. All 

such persons must adhere to CDC guidance on social distancing and mask wearing. 

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 be in place until June 30, 2022 unless extended or modified by order.

SO ORDERED.

____________________

Glynn F. Voisin

Chief Administrative Law Judge