INTRODUCTION MINERS’ RIGHTS AND RESPONSIBILITIES

This course will outline the best practices for ensuring that miners adhere to their responsibilities. This course also identifies specific rights of miners and the procedures to follow in the event that the rights of miners are violated.

Understand the individual health protections afforded you by the Mine Act.     Understand your rights concerning work hazards and withdrawal orders.     Identify the types of discrimination in the workplace and steps to combat discrimination.  

This course presents an overview of miners’ rights and responsibilities. It also outlines the Mine Safety and Health Administration’s (MSHA) requirements and protocol for exercising those rights and responsibilities. MSHA is an administrative unit of the United States Department of Labor (DOL).

Under the Mine Act, the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), and Title 30 of the Code of Federal Regulations (CFR), miners are granted a broad range of rights and responsibilities. Having a clear understanding of these rights and duties can help reduce workplace accidents, injuries, illnesses, and fatalities in mining operations. This course provides a general overview of the rights and responsibilities afforded to miners and is intended for training purposes only. It is not intended to serve as a legal interpretation of miners’ rights.

APPLICABILITY

Every miner is responsible for understanding their rights and knowing how to respond if they believe those rights have been violated. Employers are responsible for providing proper training to ensure that all miners understand their duties and obligations in the workplace. Supervisors must ensure that miners receive appropriate training and comply with MSHA and OSHA regulations related to miners’ rights and responsibilities. Finally, miners are expected to follow all applicable MSHA and OSHA standards and maintain safe work practices that promote responsibility and accountability.

Some of the key terms and definitions are the following definitions apply under the Mine Act for the purpose of understanding miners’ rights and responsibilities. A mine is defined as any surface or underground location where coal or other minerals are extracted, prepared, or processed. A miner is defined as any individual, including operators and supervisors, who works at a mine and is involved in mining activities. This definition also includes the following individuals:

This definition includes independent contractors and employees involved in mining operations, as well as construction workers who may be exposed to mining-related hazards. However, the following individuals are not covered under this definition:

Delivery personnel.

Costumers.

Vendors.

Visitors.

Scientific staff.

Maintenance or service workers who do not regularly work at mine sites or remain on site for extended periods of time.

Mining operations refer to all activities related to mine development, including drilling, blasting, milling, crushing, extracting, screening, and sizing minerals at a mine, as well as the repair and maintenance of mining equipment and the hauling of materials within the mine.

A miners’ representative is any individual designated by two or more miners to act on their behalf in matters of health and safety under the Mine Act.

An occupational injury is any injury sustained by a miner at a mine that requires medical treatment or results in:

Death.

Loss consciousness.

Inability to perfom regular job duties on any day following the injury.

Temporary reassignment.

Transer to another position.