07. Statutory Rights

14 assets in this module.

7.1 Statutory Rights – Intro & Objectives

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STONEY

Bullet Points :

  • 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

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7.2.1 Statutory Rights – Safe Workplace

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ROCKY

Part 46 Regulation :

ACT Section 2 (e)

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7.3.1 Statutory Rights – Miners Rights

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Bullet Points :

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

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7.3.2 Statutory Rights – Miners Rights

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Bullet Points :

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

CFR Regulations :

40.1 (b)

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7.3.3 Statutory Rights – Miners Rights

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Bullet Points :

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

Part 46 Regulation :

ACT 103 (f)

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7.3.4 Statutory Rights – Miners Rights – Inspection

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ROCKY

Bullet Points :

  • 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

Part 46 Regulation :

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

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7.3.5 Statutory Rights – Miners Rights – Pay

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ROCKY

Bullet Points :

  • 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

Part 46 Regulation :

ACT Section 111

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7.3.6 Statutory Rights – Miners Rights – Protection Against Discrimination

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ROCKY

Bullet Points :

  • 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

Part 46 Regulation :

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

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7.3.7 Statutory Rights – Miners Rights – Training

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ROCKY

Bullet Points :

  • 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

Part 46 Regulation :

ACT Section 115 (a)

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7.3.8 Statutory Rights – Miners Rights – Training Cont.

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Computer shown must be at least 15 years old

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ROCKY

Bullet Points :

  • 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

Part 46 Regulation :

ACT Section 115 (b)

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7.3.9 Statutory Rights – Miners Rights – Legal Proceedings

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Bullet Points :

  • 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

Part 46 Regulation :

ACT Section 109 (a)

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7.4.1 Statutory Rights – Miners Responsibilities

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Bullet Points :

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

Part 46 Regulation :

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

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7.4.2 Statutory Rights – Miners Responsibilities Cont.

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Bullet Points :

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

Part 46 Regulation :

ACT Section 110 (f)

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7.5 Statutory Rights – Summary & Outro

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Overview Text :

STONEY

Bullet Points :

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

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