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Miner rights

What the Mine Act gives you

Training on the clock, an inspection when you ask for one, and no punishment for reporting a hazard. The rights belong to every miner, and they only work if you know them.

Report a hazard · anonymous if you choose

1-800-746-1553

MSHA’s 24-hour line for violations, hazardous conditions, and imminent danger. You do not need to identify yourself.

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Miner in a high visibility vest and hard hat on site

Miner rights

Every miner has the right to a safe, healthy workplace.

The film · 1800s to today

Eighty years of miners asking for a safe place to work

Chapter One · 1800s – 1907

Before there was a law

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Illustrative imagery, not archival photography. Dates, mines and casualty figures are from the public record. · The narration is in English.

Chapters

Transcript

Before there was a law

For most of American mining history, the only safety rule was the one the operator wrote for himself, and he wrote very few.

Coal came out of Pennsylvania by the ton through the eighteen hundreds, cut by men lying on their sides in seams three feet high, hauled by mules and by boys. In the breakers above ground, boys sat astride the chutes pulling slate out of the coal with their bare hands, twelve hours a day, breathing dust that stayed in their lungs for the rest of their short lives.

The mines were ventilated by a furnace at the bottom of a single shaft. One shaft meant one way in, one way out, and one way for a fire to find the air it needed. Gas was a fact of the work. Men carried a flame on their hats to see by, and that flame could not tell them anything until it was already too late.

Whole towns belonged to the companies. The house, the store, the doctor, the school, the preacher, all of it on the company ledger, paid in scrip that spent only at the company store. A man who complained about a bad roof did not lose an argument. He lost his house.

There was no federal mine safety law. Not one requirement, not one inspector, not one penalty.

In nineteen oh seven, American coal mining killed three thousand two hundred and forty two men and boys in a single year. On the sixth of December that year, at Monongah in West Virginia, two connected mines blew apart within moments of each other, and three hundred and sixty one men and boys died. It is still the worst mining disaster this country has ever had.

The country was shocked, and being shocked is not the same as being protected. It would take sixty more years, and tens of thousands more funerals, before the law would finally say out loud what miners had been saying all along. A man’s life is not a cost of production.

On the job

A row of yellow hard hats lined up on a work surface
A hard hat, a vest, and a light: the gear every miner is owed.
Large haul truck driving a mine haul road
Production never outranks the person running the equipment.
Yellow hard hat resting on a dark surface
The right to refuse unsafe work is written into the law.

Your rights

Ten things no supervisor can take away

Every one of these comes out of the Federal Mine Safety and Health Act of 1977. We cover them in new miner training and again in annual refresher.

Training on the clock

Health and safety training during normal working hours, at your regular rate of pay. Part 46 and Part 48 set the hours you are owed.

A complaint without your name

File a safety or health complaint with MSHA, a state agency, your operator, or a miners’ representative. You do not have to identify yourself to report a hazard.

An inspection of the mine

Ask for an inspection where you believe an imminent danger, or a violation of the Act or a standard, exists.

A representative you choose

Select a representative for safety and health purposes, and take part in the inspection as that representative.

Withdraw from the mine

Leave the mine when the required health and safety training has not been provided.

Pay during a closure

Be paid during certain periods when a withdrawal order has closed the mine, or the part of it where you work.

Refuse unsafe work

Refuse work you believe is unsafe, unhealthy, or illegal, after notifying the operator and giving them a chance to correct it.

A medical evaluation

A medical evaluation, or consideration for transfer to another job location, because of harmful physical agents or toxic substances.

Testify and file

Take part in Mine Act proceedings: testify, assist, or file a complaint with the Federal Mine Safety and Health Review Commission.

No retaliation

Exercise any right under the Act. Firing, cutting pay or hours, or denying overtime or a promotion for doing it is illegal.

The other side

Rights come with responsibilities

The law protects miners who use it the right way. These are the limits that matter most in the field.

Always

  • Comply with federal and state laws, the regulations, and your mine’s safety and health policies.
  • Notify the operator of an unsafe or unhealthy condition, and give them an opportunity to address it, before you refuse the work.

Never

  • Give advance notice of an MSHA inspection conducted under the Act.
  • Knowingly make a false statement to MSHA.
  • Knowingly make a false representation on an application, record, report, plan, or training certificate.
  • Smoke in an underground coal or gassy metal/nonmetal mine, or anywhere else it is prohibited.

Section 105(c) · discrimination

Disciplined for reporting? You have 60 days.

Firing, denying overtime or a promotion, reducing pay or hours, or any other punishment for exercising a right under the Mine Act is discrimination. File a complaint with MSHA within 60 days of the act. MSHA can investigate and take the case to the Federal Mine Safety and Health Review Commission on your behalf.

Get the complaint packet

Free quiz

Do you know your rights at the mine?

Eight questions pulled from the Mine Act and MSHA’s own rights booklet. Download it, print it, and run it at your next safety meeting. Answers are on the last page.

PDF · 2 pages · no charge

Next step

Get your crew current before the next inspection window.