INFORMATION RIGHTS
You and your miners’ representative have the right to obtain copies of most records, reports, citations, notices, orders, and decisions issued by MSHA.
You and your representative also have the right to review all Hazard Communication (HAZCOM) materials, except for documents that contain confidential trade secret information. In addition, miners’ representatives are entitled to access training certificates and exposure records as required under 30 CFR Part 62. The mine operator must provide the initial copy of these documents at no cost. You have the right to submit a written request for the identity of a chemical claimed as a trade secret in non-emergency situations where you or another miner may have been exposed. If such a request is denied, the mine operator must provide a written denial to you, your representative, or your physician within 30 days.
RIGHTS REGARDING THE MONITORING OF EXPOSURE TO HAZARDOUS AGENTS
You and your miners’ representative have the right to observe the mine operator’s monitoring or measurement of employee exposure to potentially hazardous substances or harmful physical agents.
All current and former miners have the right to request and obtain access to records related to their exposure to toxic materials or hazardous physical agents.
If an overexposure occurs, the mine operator is required to notify you of the condition and inform you of the corrective actions being taken to address the exposure.
Accident Investigations: Under the Mine Act, mine operators are required to investigate all accidents to determine their causes and to help prevent similar incidents from occurring in the future. Records and reports generated from these accident investigations must be made available for inspection by all mine employees.
Proposed Civil Penalties: All mine employees have the right to be informed of any proposed civil penalties issued against the mine. When an MSHA inspector cites a safety or health violation, the proposed penalties are sent to both the mine operator and the miner representative(s). If the violation is not corrected within the established timeframe, additional penalties will be imposed.
Posting Requirements: MSHA will issue and deliver any order, citation, notice, or decision required under the Mine Act. The mine operator, or a designated agent, is responsible for promptly posting copies of these documents on the company bulletin board. Copies of the same documents must also be mailed to your miners’ representative.