07. Statutory Rights

STONEY

• Explain the Federal Mine Safety and Health Act of 1977
  Describe a miner's right to a safe workplace, representative and training
  Describe rights to be protected from discrimination when you exercise the rights given to you by the Act
  Describe the purpose of Title 30 and the CFR, Parts 1 - 199

ROCKY

ACT Section 2 (e)

ROCKY

• Six Rights:
  Representative
  Inspection
  Pay
  Protection from Discrimination
  Health & Safety Training
  Legal Proceedings

ROCKY

• Two or more miners can choose someone to represent them in safety and health matters at their mine
  "Representative of Miners"

ROCKY

• The Representative of Miners has the right to accompany inspectors during inspections and investigations at the mine

ACT 103 (f)

ROCKY

• The Representative of Miners has a right to obtain an inspection of a mine where there are reasonable grounds to believe that an imminent danger or violation exists
  General notice to MSHA: written or oral
  103(g) request for inspection requires definite response from MSHA

43.4 (a> (b) and ACT Section 103 (g)

ROCKY

• Miners have the right to be paid for the time they are idle because of a withdrawal order
  Pay can range from the balance of the shift up to one week, depending upon the circumstances

ACT Section 111

ROCKY

• You can't be retaliated against for exercising your rights under The Act:
  Report an unsafe condition
  In good faith refuse to work in conditions that you consider to be unsafe or unhealthy
  Refuse to follow orders to violate a health or safety standard
  Complaint must be filed within 60 days of the discrimination

ACT Section 105(c) (1) and (2)

ROCKY

• You are a miner:
  If you work at a mine site and engage in mining operations
  If you work for an independent contractor and engage in mining operations
  If you are a construction worker who is exposed to the hazards of mining operations for frequent or extended periods

ACT Section 115 (a)

Computer shown must be at least 15 years old

ROCKY

• Part 46 Training must take place during normal working hours and you must be paid at the same rate of pay as if you were performing your usual job at the time
  You shall be trained on:
  Tasks you are assigned to
  Safe work procedures
  Mandatory health and safety standards
  Information about physical and chemical hazards in the work area

ACT Section 115 (b)

Is the document shown the most current version?

ROCKY

• Look at or get copies of most documents looked at in The Act
  Orders, citations or motions should be posted on the mine bulletin board
  You have the right to be informed of, and participate in, enforcement and legal proceedings under The Act

ACT Section 109 (a)

Can we get image files of the signs individually?

ROCKY

• YOU are responsible for YOUR safety
  Miners must follow the no smoking regulations

ACT Section 2 (e), ACT Section 110 (f) & 56.4101

ROCKY

• Any person who knowingly makes a false statement, certification or document kept or filed with MSHA, is subject to a fine and possible imprisonment

ACT Section 110 (f)

Is the document shown the current version?

STONEY

• TITLE 30 Parts 1- 199
  Code of federal regulations:
  Laws governing day-to-day work