MINERS RIGHTS AND RESPONSIBILITIES

RIGHT TO HEALTH AND SAFETY TRAINING

As a miner, you have the right to receive mine-specific health and safety training. This right also applies to independent contractors and their employees who work at the mine site.

Under CFR Parts 46 and 48, training must be provided during normal working hours and paid at your regular rate of pay. When training is conducted off-site, you are also entitled to compensation for reasonable travel expenses.

MSHA requires that all miners receive appropriate health and safety training before beginning work at a mine. However, if you are laid off and your required training expires during that time, the mine operator is not obligated to pay for retraining before you return to work.

You have the right to refuse to enter a mine if you have not received the required training. You may not be fired, disciplined, discriminated against, or lose pay for removing yourself from work, or if you are withdrawn by an MSHA inspector due to insufficient training.

From the time you are removed from the mine until you receive the proper training, you must continue to be paid at your regular rate of pay.

PART 46 TRAINING RIGHTS

Miners who work at surface mines, excluding surface coal mines, are entitled to receive health and safety training in accordance with Part 46 of Title 30 of the Code of Federal Regulations.

Even if you are not directly involved in mining operations, you still have the right to receive site-specific training related to the mine. Under Part 46, MSHA approves training plans using one of two methods:

Miners who work at surface mines, excluding surface coal mines, are entitled to receive health and safety training in accordance with Part 46 of Title 30 of the Code of Federal Regulations.

Training plans that do not meet the minimum requirements of 30 CFR 46.3(b) must be formally reviewed and approved by MSHA.

The mine operator is required to notify you when a training plan has been submitted to MSHA and is under review.

You or your miners’ representative may request that MSHA review and approve the training procedures used at your mine.

Your representative must receive a copy of the approved training plan at least two weeks before training begins. If no representative has been designated, the mine operator is required to post the training plan or distribute copies to all employees no less than two weeks prior to implementation. During this period, you may review the plan and contact the MSHA district manager if you have any questions or concerns.

Decisions regarding training plan approvals may be appealed in writing to the Department of Labor within 30 days after you or your representative has been notified of the approval.

PART 48 TRAINING RIGHTS

Miners who work at underground mines and at surface coal mines are entitled to receive health and safety training in accordance with Part 48 of Title 30 of the Code of Federal Regulations. This requirement also applies to miners who perform underground work on a part-time or temporary basis.

All training must be conducted by an MSHA-approved instructor. You and your miners’ representative have the right to review the training plan at least two weeks before it is submitted to MSHA for approval. If no representative has been designated at the mine, the operator must post the training plan on a company bulletin board or provide copies to all employees.

You or your miners’ representative may submit written comments or concerns regarding the training plan to the MSHA district manager. The district manager will review the plan, approve it, or recommend revisions prior to final approval. If you are absent from the mine for 12 months or less, you must receive training on any significant changes at the mine that could impact your health or safety before returning to work. If your absence exceeds 12 months, you are required to complete full retraining before resuming duties.