ARCHIVE

Discrimination issue grew in 2012: MSHA

THE US Mine Safety and Health Administration has confirmed it received 46 requests last year for temporary reinstatement from miners claiming discrimination through adverse action, more than twice the number of any prior year.

Donna Schmidt
Discrimination issue grew in 2012: MSHA

The agency said the individuals submitted complaints that they were discriminated against in the form of suspensions, layoffs discharges and other actions.

It also said a record 34 complaints were filed by the department in 2012 that alleged mine safety discrimination.

MSHA’s data revealed the filing of 101 temporary reinstatement requests from 2009 to 2012, an average 34 annually. It is versus an average of six per year in 1993 to 2008.

It also filed a total of 105 discrimination complaints with the commission between 2009 and 2012, compared to 63 during the prior four-year period.

“MSHA urges miners to exercise their rights and actively participate in monitoring safety and health conditions,” Assistant Secretary of Labor for Mine Safety and Health Joseph Main said.

“We take these rights under the Mine Act very seriously and will vigorously investigate all discrimination complaints.”

Section 105(c) of the Federal Mine Safety and Health Act of 1977, better known as the Mine Act, outlined that a miner cannot be “discharged, discriminated against or interfered with in the exercise of statutory rights because he or she has engaged in a protected activity such as filing a complaint alleging a health or safety violation, or refusing to work under unsafe or unhealthy conditions”

Additionally, the act mandated that should federal officials find a miner’s complaint was “not frivolously brought”, it would ask the commission on behalf of the miner to order immediate reinstatement while the individual’s case was pending.

Issues related to discrimination and retaliation of miners came to light at congressional hearings related to the Upper Big Branch mine disaster, where testimony was given that some miners were reluctant to complain about safety conditions due to fear of retaliation.

MSHA obtained similar evidence in its investigation into the causes of the mine explosion.

TOPICS:

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Monthly Intelligence team.

editions

Mining Magazine Intelligence Future Fleets Report 2024

The report paints a picture of the equipment landscape and includes detailed profiles of mines that are employing these fleets

editions

Mining Magazine Intelligence Digitalisation Report 2023

An in-depth review of operations that use digitalisation technology to drive improvements across all areas of mining production

editions

Mining Magazine Intelligence Automation Report 2023

An in-depth review of operations using autonomous solutions in every region and sector, including analysis of the factors driving investment decisions

editions

Mining Magazine Intelligence Exploration Report 2023 (feat. Opaxe data)

A comprehensive review of current exploration rates, trending exploration technologies, a ranking of top drill intercepts and a catalogue of 2022 Initial Resource Estimates and recent discovery successes.