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

GENERAL COAL MINE INSPECTION PROCEDURES AND
INSPECTION TRACKING SYSTEM HANDBOOK CHAPTER 4
and to describe the facts that support the S&S and/or unwarrantable finding for
each citation and/or order; and
8. Promptly correct misstatements in testimony or clarify a point that has clearly
been misunderstood.
X. Appearance as a Witness or Other Participation in Private Litigation. MSHA follows
the guidelines for Department of Labor employee testimony found in 29 CFR § 2.20.
Specifically, this policy relates to:
1. Subpoenas served on MSHA employees requiring them to either (1) produce
documents or other written materials, or (2) appear and testify in administrative or
judicial proceedings (including labor arbitrations and actions brought by
individuals under Section 105(c)(3) of the Mine Act) to which MSHA is not a party;
and
2. Written or oral requests to informally interview MSHA employees or to produce
official MSHA documents or other material that may be used in administrative or
judicial proceedings (including labor arbitrations and actions brought by
individuals under Section 105(c)(3) of the Mine Act) to which MSHA is not a party.
When subpoenas and requests outlined above are received by an MSHA employee, the
employee’s supervisor shall be informed immediately. Field supervisors shall
promptly refer the matter to the appropriate Regional Solicitor’s office or the MSH
Division, Office of the Solicitor. No further action shall be taken until authorized by
the Office of the Solicitor. In particular, the substance of the case should not be
discussed with the party’s representative who issued the subpoena or made the
informal request until the MSHA employee receives permission to do so. There
should be no discussions with any outside parties about the substance of the requests.
A copy of the subpoena or request, along with all available pertinent information, shall
be forwarded to the appropriate Regional Solicitor’s office or the MSH Division, Office
of the Solicitor immediately upon receipt.
Note that requests for MSHA documents should be handled under the normal FOIA
processing procedures, regardless of the identity of the requester or the purposes for
which the documents may be used.
These procedures are not applicable when the matter is initiated by MSHA or at the
request of the U.S. Attorney’s office in an MSHA-related case. In these instances, the
provisions of Section W above apply.
Y. Mine Information Form (MIF) MSHA Form 2000-209. The Mine Information Form,
Release 1 (February 2013) 4-30