1. Request a copy of the complaint when the inspection begins;

2. Do nothing to ascertain the identity of the complainant and take no action against any miner for complaining to MSHA;

3. Accompany the inspector during his investigation and collect the same information that the inspector collects;

4. Make sure you receive a copy of the inspector’s findings.

Of course, if you disagree with the results of any complaint investigation, you have the right to contest any citation(s) issued by MSHA.

John Austin, Jr. is a partner and Brian Hendrix is an associate with Patton Boggs Law firm. Austin can be reached via phone at 202-457-6167 or via e-mail at jaustin@pattonboggs.com. Hendrix may be reached via phone at 202-457-6543 or via e-mail at bhendrix@pattonboggs.com.

A mine operator is entitled to a copy of a 103(g) complaint and to know the purpose of the inspector’s visit.