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This article originally provided by The Charleston Gazette

Increased training on miners' rights sought

By Ken Ward Jr.
Staff writer

Coal miners should receive more and better training to understand their right to work in a safe and healthy workplace, according to a new petition filed with the U.S. Mine Safety and Health Administration.

Several mine safety advocacy groups filed the rulemaking petition to urge MSHA to require more detailed training on miners' rights under federal law.

"Congress has emphasized the importance of miners getting top-notch training, and that a major part of the training should be about miners' rights," said Nathan Fetty, a lawyer with the Appalachian Center for the Economy and the Environment. "But we're finding that miners aren't getting the training they need, so MSHA needs to beef up its training requirements."

The Appalachian Center's Mine Safety Project joined the Appalachian Citizens' Law Center and the group United Support and Memorial for Workplace Fatalities in filing the petition.

Also joining in the petition was the United Mine Workers.

The group asks MSHA to revise its nationwide training rules to:

• Prohibit mine operators from providing training about miners' rights, and instead require that neutral trainers deliver that information.
• Provide miners' rights instruction in annual refresher courses, not just in beginning mining classes.
• Spell out the dozens of rights to be covered in training.
• Specify the types of helpful materials miners must receive to inform them of their rights.

In 1977, Congress passed the Mine Act, which spells out many rights that coal miners have. The law mandates that miners get thorough training on how to do their jobs safely, including training about their rights in the workplace.

For example, miners have the right to speak up about unsafe conditions without retaliation. They have the right to a voice in virtually all aspects of an operator's plans for mining, and miners can name representatives to perform many functions, including accompanying federal inspectors during mine inspections.

"We've represented miners for years when it comes to enforcing workplace safety laws," said Wes Addington, a lawyer with the Appalachian Citizens' Law Center.

"If miners got the information that Congress intended in the Mine Act, they would be in a much better position to speak out about unsafe conditions - and get those conditions corrected," Addington said. "The bottom line is, the changes we're seeking will result in safer coal mines."

Daniel Kane, the UMW's secretary-treasurer, said union safety committees are the best way for miners to learn about their rights.

"But since not all miners are yet members of the UMWA, we support this effort and join with these organizations in this petition," Kane said. "Miners who work at nonunion mines are not getting the information they are supposed to get. MSHA needs to take this action to ensure that they do."

To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.

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