The Mine Safety and Health Administration (MSHA) is making good on MSHA head Joseph A. Main’s vow to “vigorously investigate” all discrimination complaints. Last year, the agency filed 39 requests for temporary reinstatements on behalf of miners who submitted complaints of discrimination in the form of a suspension, layoff, discharge or other adverse action. That is the largest per-year number of such requests filed in the MSHA’s existence.
According to Section 105(c) of the Federal Mine Safety and Health Act of 1977, a miner cannot be discharged, discriminated against or interfered with in the exercise of statutory rights because he or she has engaged in a protected activity such as filing a complaint alleging a health or safety violation, or refusing to work under unsafe or unhealthy conditions.