Lay-offs and reduced work schedules tend to spawn hazard complaints. Know how to the complaint and investigation.

by John Austin and Brian Hendrix

The Mine Safety and Health Administration (MSHA) is likely to receive and investigate more hazard complaints this year than in the recent past. Times are tough. Lay-offs and reduced work schedules tend to spawn hazard complaints, meaning mine operators should be prepared to deal with complaints and complaint investigations. The first steps are to understand a mine operator’s rights during a complaint investigation and to understand MSHA’s hazard complaint investigation policy and procedures.

Section 103(g) of the Federal Mine Safety and Health Act of 1977 (Mine Act) defines a hazard complaint as a complaint to MSHA by a miner or a miner’s representative regarding hazardous conditions or practices, including imminent dangers. MSHA’s Hazard Complaint Procedures Handbook lists two types of complaints: a Section 103(g) Complaint and All Other Complaints.

A section 103(g) complaint is one made solely by a miner or a representative of a miner that is:

• a handwritten and signed note or letter;
• handwritten and signed facsimile;
• an e-mail containing a signature, or lacking a signature is identifiable as being from a miner or representative and includes the complainant’s name and valid e-mail address; or,
• Code-A-Phone messages that can be identified as being made by a miner or miner representative.

Complaints that do not meet these specific requirements are considered other complaints and are described as: