PETITIONING FOR SAFETY STANDARD OR REGULATION MODIFICATIONS

MSHA is required to publish all proposed revisions to mine safety and health standards and regulations. Copies of proposed changes must be made available to the mine operator and to your miners’ representative. You and your representative have the right to review, discuss, and raise objections to any proposed rule. You or your representative may also request a hearing to present your views directly to MSHA officials.

If you choose to challenge a proposed standard or regulation, a petition must be filed within 60 days after the final rule is published. Petitions may be submitted to the U.S. Circuit Court of Appeals in Washington, DC, or to the appropriate local circuit court. The court will not consider objections that were not previously raised with MSHA during the rule making process.

You or your miners’ representative have the right to submit a petition to MSHA requesting a modification to the way a safety standard is applied at your mine. Such a modification may be granted if the proposed alternative provides protection that is at least equal to the existing standard, or if compliance with the current standard would create a potential hazard to employees.

If MSHA receives a petition from the mine operator or from any other miner, your miners’ representative must be notified. The representative may submit a written position on the petition or present testimony before a Department of Labor Administrative Law Judge (ALJ) after MSHA issues its decision. Decisions made by an ALJ may be appealed to the Assistant Secretary for Mine Safety and Health.