DISCRIMINATION

The Mine Act provides protection against workplace discrimination for all miners and job applicants. An employee may not be discharged, demoted, harassed, intimidated, transferred, denied employment, subjected to loss of wages, or otherwise discriminated against for exercising any rights afforded under the Mine Act.

Discrimination in hiring or employment based on age, race, gender, religion, disability, union activity, or any other factor unrelated to mining operations is not covered under the Mine Act. In certain cases, MSHA may assist miners by referring them to the appropriate agency for the resolution of individual complaints or grievances.

Under the Mine Act, miners are protected from any form of retaliation, reprisal, or adverse action when engaging in the protected activities described below:

Filing or submitting a complaint regarding a potential workplace hazard or health violation to a federal or state agency, a mine operator, an operator’s agent, or a miners’ representative.

Filing a complaint, providing testimony, or otherwise participating in proceedings before the Federal Mine Safety and Health Review Commission.

Participating in any inspection or investigation conducted pursuant to the Mine Act.

Undergoing a medical evaluation and considering a job transfer due to __hazardous conditions or exposure to toxic substances.

Exercising the right to medical examinations, such as chest X-rays and evaluations for coal workers’ pneumoconiosis (black lung disease), and requesting transfer to a less dusty position when medically indicated.

Withdrawing from the mine when the required health and safety training necessary to perform work safely has not been received.

Refusing to perform work in conditions that are reasonably believed to be hazardous or unhealthy.

Exercising any other right granted under the Mine Act, including the right to receive pay while serving as a miners’ representative during an inspection or while attending training required by the Mine Act.

Certain additional activities not specifically listed may also be protected under the Mine Act. If you have any questions or concerns regarding a potential discrimination or retaliation violation, you should contact your nearest MSHA district office for further guidance and assistance.

REPORTING MISCONDUCT

If you believe that you have been subjected to discrimination, you must file a formal complaint within sixty (60) days of the alleged discriminatory action. Under certain circumstances, MSHA may grant additional time, such as when the individual was not aware of the discrimination at the time it occurred.

A written complaint should contain all relevant information necessary to assist MSHA or legal counsel in reviewing the matter, including the names of involved parties, dates, times, locations, and a description of the actions related to the alleged discrimination. If the discriminatory action resulted in financial loss, supporting documentation is essential to substantiate any claims for compensation.

Complaints may be filed at any local MSHA office. MSHA maintains trained personnel to assist individuals in raising concerns or submitting formal complaints. A complaint may be withdrawn at any time prior to a final determination by providing written notice to MSHA.

If you have been discharged or improperly reassigned to a less desirable position as a result of exercising your rights under the Mine Act, you may be eligible for temporary reinstatement.

Upon the filing of a valid complaint, MSHA, in coordination with attorneys from the Department of Labor, may petition the Federal Mine Safety and Health Review Commission to order your temporary reinstatement or reassignment to a comparable position at your regular rate of pay pending a final determination of your complaint.

All complaints, regardless of reinstatement status, will be resolved within ninety (90) days of the initial filing. MSHA will notify you in writing of its decision. If a violation is found, available remedies may include permanent reinstatement to your former position, back pay, restoration of seniority, reassignment to a comparable position, or any other relief deemed appropriate by the Commission.

If MSHA determines that no violation has occurred, you may pursue the matter independently without the assistance of MSHA. You may file an action on your own behalf with the Commission within thirty (30) days.