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https://arlweb.msha.gov/S&HINFO/minersrights/DiscriminationComplaintPacket.pdf
a. To allow the MSHA investigator to initiate the investigation of the discrimination complaint. b. With regard to Page 2 of the complaint form which asks for a “Summary of Discriminatory Action,” a copy of this page will be provided to the respondent(s) by MSHA as …
https://arlweb.msha.gov/SOLICITOR/FMSHRC/CONTEST/contest7.htm
3. A discrimination complaint by a miner, representative of miners, or applicant for employment must be filed within 30 days of the Secretary's determination that no violation has occurred. 4. A discrimination complaint must contain a short and plain statement of the facts setting forth the alleged discrimination and the relief requested. 5.
https://www.dol.gov/newsroom/releases/msha/msha20150142
In December, an administrative law judge with the Federal Mine Safety and Health Review Commission approved a settlement resolving the discrimination complaint brought by MSHA. Last year, MSHA filed 49 complaints — more than in any previous year.
https://www.msha.gov/news-media/press-releases/2015/01/27/most-discrimination-complaints-filed-behalf-miners-2014-0
These complaints, filed with the FMSHRC, involved allegations of discrimination made by miners in the form of a discharge, suspension or other adverse action. Additionally, MSHA filed 45 complaints in 2014 requesting temporary reinstatement of miners, the second highest number ever filed.
https://www.msha.gov/miners-rights-and-responsibilities
Miners' Rights and Responsibilities A Guide to Miners' Rights and Responsibilities Under the Federal Mine Safety and Health Act of 1977 To report a hazardous condition at a mine to MSHA, call: 1-800-746-1553 or use the online filing option (For more information, see this page.).
http://www.rockproducts.com/key-issues/law/15004-ten-ways-to-limit-section-105-c-discrimination-complaints.html
Dec 22, 2015 · MSHA does not pursue every discrimination complaint that it receives, but the number of discrimination complaints MSHA is pursuing is on the rise. This is illustrated by MSHA’s announcement earlier this year that, in 2014, it filed the most discrimination complaints with FMSHRC (49 total) than it had ever done in previous years.
https://www.fisherphillips.com/resources-newsletters-article-preventing-discrimination-complaints-under-the-mine-act-six-steps-to-protect-your-company
Additionally, MSHA nearly doubled the number of discrimination complaints it filed during the same period, to 70 from 39. Mine operators that have been through this process appreciate the challenges of defending a complaint of discrimination, not to mention the …
https://www.dol.gov/newsroom/releases/msha/msha20140024
MSHA settles two discrimination cases with Tennessee mine operator. ... notice informs the miners of specific rights they have under the Mine Act and advises them of their right to contact MSHA in order to make a complaint of retaliation if they believe those rights have been violated. According to Section 105(c) of the Mine Act, a miner cannot ...
https://www.lexology.com/library/detail.aspx?g=ddbabee9-0bb0-4c18-afff-3604de6e88f1
Mar 14, 2014 · A miner who files a discrimination complaint with MSHA after losing his or her job has a low burden of proof at the initial stages of the proceeding, which often results in temporary reinstatement ...
https://www.whistleblowers.gov/complaint_page
You may file your whistleblower complaint using any of these filing options: Online - Use the Online Whistleblower Complaint Form to submit your complaint to OSHA. Complaints received online from employees located in States with OSHA-approved State Plans will be forwarded to the appropriate State Plan for response.
https://webapps.dol.gov/elaws/elg/msha.htm
Report hazardous conditions and make a complaint of an alleged danger or safety or health violation to MSHA, ... Be protected against discrimination based on the exercise of rights under the Act; and ... he or she should contact the nearest Coal Mine Safety and Health or Metal and Nonmetal Mine Safety and Health MSHA office.
https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Recent-Developments-in-Whistleblower-Retaliation-Cases-Under-the-Mine-Act
In North Fork Coal, the Sixth Circuit Court of Appeals held that temporary reinstatement does not continue after MSHA determines that a miner's complaint lacks merit. In that case, a miner was fired for alleged disciplinary issues. He brought a discrimination complaint and MSHA obtained temporary economic reinstatement for him.
https://www.dinsmore.com/publications/protecting-your-mining-operation-from-105c-discrimination-complaints/
According to MSHA, Section 105(c) discrimination complaints are given priority over all other special investigation cases and all available special investigation resources are used to ensure the timely initiation and completion of Section 105(c) investigations. For operators, Section 105(c) complaints can be costly, disruptive and time consuming.Author: Kelby Thomas Gray
https://www.fisherphillips.com/Workplace-Safety-and-Health-Law-Blog/testing-for-interference-in-msha-105-c
Apr 22, 2019 · Testing for Interference in MSHA 105(c) Discrimination Cases April 22, 2019 by Christopher Peterson The legal basis of interference is in Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) - “No person shall discharge or in any manner discriminate against . . .
https://www.fmshrc.gov/guides/how-case-proceeds-commission
HOW A CASE PROCEEDS BEFORE THE COMMISSION ... A discrimination complaint, containing a short and plain statement of the facts setting forth the discrimination alleged and the relief requested, by a miner, representative of miners, or applicant for employment must be filed with the Commission within 30 calendar days of the Secretary's ...
https://www.jacksonlewis.com/media/pnc/3/media.2793.pdf
New High Reached in MSHA Discrimination Complaint Filings The number of discrimination complaints MSHA has filed on behalf of miners reached a new high last year. A total of 49 complaints were filed with the Federal Mine Safety and Health Review Commission in 2014, MSHA said in a January 27 press release. Another 45 complaints
https://frostbrowntodd.com/people/kyle-johnson/
Defended contractor in response to an MSHA discrimination complaint. Defended contractors in response to MSHA citations. Represented numerous companies before the Franklin Circuit Court, Kentucky Court of Appeals, and Kentucky Supreme Court defending favorable decisions issued by Kentucky Review Commission and seeking judicial review of adverse ...
https://www.dinsmore.com/publications/miners-discrimination-complaints-whats-an-operator-to-do/
Another mistake is the failure to adequately document any performance issues or disciplinary action taken. Such failures undermine an operator’s defense to a discrimination complaint and make it easier for MSHA to conclude that the complaint was “not frivolously brought” during the preliminary investigation.
https://www.oshaeducationcenter.com/articles/reporting-labor-violations/
How to Report Labor Violations. Under the Occupational Safety and Health Act of 1970, employees and their authorized representatives have the right to file a complaint about serious hazards and request an OSHA official to visit and inspect their workplaces and investigate concerns.Employers must comply with OSHA standards detailed in the act, and they put their businesses at risk of fines and ...4.7/5
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