Legally Speaking - Jan-Feb 2018

Don’t Allow Bad Deeds to Go Unpunished

At some point, most mine operators have faced a dilemma where their company discovers miners have been doing something improper. The alleged infraction justifies disciplining the miners. After the company investigates, it discovers the miners raised safety concerns in the past. Those concerns, however, are unrelated to the improper activity. Then, the human resources or safety departments ask whether the contemplated discipline exposes the company to discrimination/retaliation complaints under § 105(c) of the Mine Act.
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