Where Employment Law Meets MSHA: Practical Tips to Avoid Whistleblower Claims
- Published: Monday, 19 December 2016 15:53
All operators are familiar with the rights afforded to all miners under the Mine Act. For example, all miners (hourly or salaried) have the right (1) to file or make a complaint to the agency, the operator or a miner’s representative; (2) to participate in proceedings under the act such as testifying in a proceeding; (3) to withdraw themselves from the mine for not having the required health and safety training; and (4) refuse to work in unsafe conditions. These acts are considered “protected activity” under the Mine Act. Miners who feel they have been discriminated against for engaging in this activity can file a complaint under Section 105(c) of the act.