Legal Definitions - Federal Mine Safety and Health Review Commission

The Federal Mine Safety and Health Review Commission (FMSHRC) is an independent government agency responsible for ensuring safety in mines across the United States. It acts as a specialized court system for resolving disputes related to mine safety and health.

Specifically, the FMSHRC has two main functions:

• It oversees compliance with safety and health standards in all types of mines, including surface and underground operations for coal, metal, and nonmetal minerals.
• It adjudicates (hears and decides) legal disputes that arise under the Federal Mine Safety and Health Amendments Act of 1977, which is the primary law governing mine safety.

Here are some examples of situations where the FMSHRC would be involved:

• Example 1: Challenging a Safety Citation

  Imagine a federal inspector from the Mine Safety and Health Administration (MSHA) visits a gold mine and issues a citation to the mine operator for failing to properly ventilate a tunnel, creating a hazardous gas buildup. The mine operator believes the citation is unwarranted or that the proposed penalty is too high. In this scenario, the mine operator can appeal the citation and penalty to the Federal Mine Safety and Health Review Commission. The FMSHRC would then hold a hearing, review the evidence from both the MSHA and the mine operator, and issue a decision on whether the violation occurred and what the appropriate penalty should be.

• Example 2: Miner Discrimination Claim

  Consider a coal miner who reports a serious roof collapse hazard to their supervisor. Shortly after making this report, the miner is unexpectedly fired, and they believe it was in retaliation for raising the safety concern. The Federal Mine Safety and Health Act protects miners from discrimination for reporting hazards. If the miner files a complaint, and the MSHA investigates and finds merit in the claim, the case could be brought before the Federal Mine Safety and Health Review Commission. The FMSHRC would then determine if the mine operator illegally discriminated against the miner for exercising their safety rights and could order remedies such as reinstatement or back pay.

• Example 3: Enforcing a Mine Closure Order

  Suppose a federal inspector issues an order to immediately close a section of a gypsum mine due to an imminent danger, such as unstable ground that could collapse at any moment. The mine operator disagrees with the severity of the danger and wants to continue operations in that section. The mine operator could appeal this closure order to the Federal Mine Safety and Health Review Commission. The FMSHRC would quickly review the evidence to determine if the imminent danger truly exists and whether the closure order is legally justified, ensuring that safety is prioritized while also providing a mechanism for operators to challenge potentially erroneous orders.