On December 14, 2017, Nick Scala of Conn Maciel Carey’s national MSHA Practice, presented a webinar regarding Miner and Mine Manager Rights.
MSHA publishes and distributes information each year on miners’ rights in the workplace. The rights widely broadcast by the agency include the right to report hazards in the workplace to MSHA, to not be discriminated against in the workplace for reporting safety defects (amongst other protected activities) and to speak to MSHA without management present. However, this is only half the story and does not include the rights of mine management personnel during inspections and investigations.
During enforcement and investigations, MSHA relies heavily on miner statements and alleged admissions by mine management. Especially during special investigations, these statements can be the nails in the coffin for enforcement. Operators should be aware of the rights of all miners and mine management both cooperate with MSHA, or not, and train the workforce on their rights when dealing with MSHA.
During this webinar, participants learned about:
- The rights of miners and agents of management while interacting with MSHA;
- Strategies for training personnel to handle MSHA investigations; and
- When operators and agents of management should refrain from speaking to MSHA.
Here is a link to a recording of the webinar with slides and audio. This was the eleventh webinar event in the 2017 Conn Maciel Carey MSHA Webinar Series. Plan to join us for the webinar in the 2018 series, send an email to info@connmaciel.com to be registered for all the 2018 MSHA webinars.
