Legal Definitions - FMSHRC

The Federal Mine Safety and Health Review Commission (FMSHRC) is an independent federal agency in the United States. Its primary function is to act as an administrative court, reviewing and deciding cases that arise under the Federal Mine Safety and Health Act of 1977. This means it provides an impartial forum for resolving disputes related to safety and health conditions in mines across the country.

The FMSHRC is distinct from the Mine Safety and Health Administration (MSHA), which is the agency responsible for inspecting mines and enforcing safety regulations. Instead, the FMSHRC hears challenges to MSHA's enforcement actions, such as citations for safety violations, proposed penalties, and complaints of discrimination filed by miners. Its decisions are made by administrative law judges and, ultimately, by a five-member Commission.

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

• Example 1: Challenging a Safety Citation

  A large underground limestone mine receives a citation from MSHA for an alleged violation of roof support regulations. The mine operator believes that their current roof support system fully complies with all safety standards and that MSHA's interpretation is incorrect. The operator would file a notice of contest with the FMSHRC to challenge the citation and any associated proposed penalty. The FMSHRC would then assign an administrative law judge to hear evidence and arguments from both the mine operator and MSHA to determine the validity of the citation.

• Example 2: Miner Discrimination Complaint

  A miner working at a surface gravel pit reports several unsafe electrical hazards to MSHA. A week later, the mine operator reassigns the miner to a less desirable, lower-paying job, claiming it's due to "restructuring." The miner believes this reassignment is retaliation for reporting the safety issues. The miner can file a discrimination complaint with the FMSHRC, alleging that the mine operator violated the Mine Act by retaliating against them for exercising their safety rights. The FMSHRC would then investigate and adjudicate whether the employer's action constituted unlawful discrimination.

• Example 3: Disputing a Proposed Penalty

  Following a serious accident at a sand and gravel operation, MSHA proposes a substantial monetary penalty against the mine operator for multiple safety violations that contributed to the incident. The mine operator agrees that some violations occurred but argues that the proposed penalty amount is excessive and disproportionate to the actual risk or their level of culpability. The operator can contest the proposed penalty amount before the FMSHRC, which would review the facts of the case, the severity of the violations, and the operator's history to determine an appropriate penalty.