MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

GENERAL COAL MINE INSPECTION PROCEDURES AND
INSPECTION TRACKING SYSTEM HANDBOOK CHAPTER 4
standard, or a violation of the Mine Act or the MINER Act of 2006 at a mine is
received. Activity codes E03 (for Section 103(g) complaints) and E04 (for complaints
other than complaints made by a miner or representative of the miners) are designated
for hazardous condition complaint investigations. The Act requires MSHA to initiate a
separate investigation to determine whether the alleged violation or danger exists.
The Hazard Complaint Procedures Handbook instructs investigators to provide mine
operators and miners representatives with a sanitized copy of the hazardous condition
complaint allegations (version where all personal identifiable information has been
removed), when investigating a Section 103(g) hazardous condition complaint. As
described in the Hazard Complaint Procedures Handbook, the sanitized allegations
must be written in a way that keeps the identity of complainants confidential. This
sanitized notice shall be provided no later than at the time the investigator arrives at
the site where the hazardous conditions allegedly exist. For example, if the hazard
was alleged on No. 4 Belt the complaint notice should be given at the time the
investigator arrives at the No. 4 Belt. If the hazardous condition complaint addresses
more than one location or area of the mine, the written notice can be broken down in
parts and each part issued to the operator at the time the investigator travels to the
alleged site(s). For “Other” hazardous condition complaints, a copy of the
complainant’s allegations is not provided to the mine operator or any other party.
When an imminent danger is alleged, the mine operator shall be informed of the
allegation and directed to investigate the hazard immediately. See Hazard Complaint
Procedures Handbook for further discussion of allegations of imminent danger and
the actions to be taken by MSHA.
For Section 103(g) complaints, when no violations are found or a special investigation
is not warranted, the miner or representative of the miners shall be notified in writing
of MSHA’s negative findings. A copy of the notice shall also be given to the operator
prior to leaving the mine premises on a MSHA Form 7000-3a (Mine Citation/Order
Continuation Form) or MSHA Form 7000-35 (Complaint Allegations and Findings
Form). Should the special investigation continue for more than one inspection day, the
parties should be notified in writing that MSHA’s investigation is ongoing and has not
reached a conclusion. A copy of the notice shall be provided prior to leaving the mine
premises on a MSHA Form 7000-3a or MSHA Form 7000-35. These requirements for
notification relate only to hazardous condition complaints categorized as Section
103(g) complaints.
Release 1 (February 2013) 4-13