IDLE PAY
If you are actively working to correct the hazardous condition, you are not entitledó entitled to double compensation, since you are not in violation of the withdrawal order. You or your miners’ representative may file a complaint with the Commission within ninety (90) days of the issuance of the withdrawal order if you believe that you are entitled to back pay.
While a withdrawal order remains in effect, miners are entitled to receive idle pay. If you are working at the time the order is issued, you are entitled to receive your regular rate of pay for the remainder of that work shift.
If you are actively working to correct the hazardous condition, you are not entitledó entitled to double compensation, since you are not in violation of the withdrawal order. You or your miners’ representative may file a complaint with the Commission within ninety (90) days of the issuance of the withdrawal order if you believe that you are entitled to back pay. If the withdrawal order is not lifted before the next scheduled shift, all affected miners are entitled to receive up to four (4) hours of pay at their regular hourly rate. If the mine operator fails to comply with any mandatory health or safety standard, miners are entitled to receive compensation for idle time for a period of up to one (1) week.
If the operator does not comply with the withdrawal order and you continue to work, you are entitled to receive full compensation for all time worked both before and after the withdrawal order was issued.
PARTICIPATING IN ENFORCEMENT HEARINGS
When a miner believes in good faith that a work assignment could result in injury or death, he or she may initiate an investigation by MSHA.
It is the responsibility of the miner to provide evidence supporting a valid work refusal. MSHA recommends a miner communicate his concerns to his supervisor, unless it can be documented as futile. Requesting alternate work will give your supervisor time to address your safety concerns. When a miner believes in good faith that a work assignment could result in injury or death, he or she may initiate an investigation by MSHA.