MINERS RIGHTS AND RESPONSIBILITIES

REPRESENTATIVE QUALIFICATION

The designation of a miners’ representative involves minimal formal requirements. The primary requirement is the submission of the appropriate documentation for approval by the mine’s district manager.

If the designated representative intends to accompany MSHA inspection teams into active work areas, the representative must complete new miner training in accordance with 30 CFR Parts 46 or 48. If the representative does not enter work areas with inspection teams, no training is required. The Mine Act does not require that a miners’ representative be employed by the mine that he or she represents.

Miners may nominate a representative either by mail or online through MSHA’s website.

The nomination form, officially identified as MSHA Form 2000-238, may be obtained from MSHA’s official website. To submit the form, only three items are required:

The information of at least two nominating miners, which may be kept confidential upon request.

The information of the nominated representative.

The mine identification number along with the mine operator’s information.

The nominated representative must sign the form in order to complete the nomination process. Once properly completed, the form must be submitted by mail to the appropriate local MSHA district office.

Prior to submitting the form electronically, the nominated representative must have a valid email address in order to electronically sign the form. Upon approval, the mine operator is required to post a copy of the representative’s designation and information on the mine bulletin board The same information described above is required to complete the online nomination form.

REPRESENTATIVE RESPONSIBILITIES

A miners’ representative plays a critical role in promoting safe and healthful working conditions at a mine. The representative’s familiarity with the worksite may provide MSHA inspectors with valuable insight into the concerns, conditions, and recommendations of the mine’s workforce.

By observing inspection activities, a representative may gain a better understanding of how MSHA enforces health and safety regulations. In addition, the duties of a miners’ representative may include, but are not limited to, the following:

Reporting accidents, health and safety hazards, and unsafe working conditions to MSHA in a timely manner.

Assisting mine operators in complying with mandatory health and safety standards and with the provisions of the Mine Act.

Ensuring continued compliance with all applicable federal and state laws and regulations, as well as company safety and health policies.

Providing accurate and factual statements, whether oral or written, during inspections, investigations, or in connection with applications, records, reports, plans, training certificates, or any other documents required to be maintained or submitted under the Mine Act.

Refraining from providing any advance notice or indication of an MSHA inspection.