PARTICIPATING IN INSPECTIONS
MSHA inspections may be conducted on a random basis or in response to a complaint. Regardless of the basis for the inspection, a miners’ representative is entitled to participate in the inspection and in any conferences held before or after the inspection and to receive compensation for such participation.
The law does not provide for compensation when a miner or a miners’ representative participates in technical consultations, equipment demonstrations, meetings conducted off mine property, or discussions related to research activities. Miners’ representatives do not have the right to participate in inspections concerning the personal liability of an operator’s agents for health and safety violations or in matters involving allegations of discrimination. MSHA guidelines recommend that at least one miners’ representative be designated for each shift to ensure that a representative is available during any unannounced inspection.
If no representative is present or has been designated, MSHA inspectors will meet with a reasonable number of miners to discuss applicable health and safety standards at the mine.
PARTICIPATING IN ENFORCEMENT HEARINGS
Following an investigation and, when requested, a public hearing, MSHA will either vacate the notice or issue an order requiring the withdrawal of all mine employees who are not actively engaged in correcting the hazardous condition identified in the order.
If MSHA determines that no imminent danger exists, the agency may nevertheless issue a notice to the mine operator identifying and describing the area of concern. You or your designated representative also have the right to participate in enforcement hearings conducted by the Commission regarding an alleged imminent danger at your mine. Once a withdrawal order has been issued, entry into the affected area of the mine is prohibited. Normal operations may resume only after a public hearing has been conducted and MSHA has determined that the imminent danger condition has been eliminated.