FEDERAL MINE SAFETY AND HEALTH
REVIEW
COMMISSION
ABOUT FMSHRC
The Federal Mine Safety and Health Review Commission is an independent adjudicative agency
that provides administrative trial and appellate review of legal disputes arising under the Federal
Mine Safety and Health Amendments Act of 1977 (Mine Act).
Under the Mine Act, the
Department of Labor issues regulations covering health and safety in the nation's mines. Federal
mine inspectors employed by the Department's Mine Safety and Health Administration (MSHA)
enforce these regulations by issuing citations and orders to mine operators. The Commission is
concerned solely with the adjudication of disputes under the Mine Act, including the
determination of appropriate penalties. It does not regulate mining or enforce the Mine Act. The
Commission was established as an independent agency to ensure its impartiality.
Most cases deal with civil penalties assessed against mine operators and address whether the alleged safety
and health violations occurred as well as the appropriateness of proposed penalties. Other types
of cases include orders to close a mine, miners' charges of safety related discrimination and
miners' requests for compensation after the mine is idled by a closure order.
The Commission's administrative law judges (ALJs) decide cases at the trial level. The 5-member Commission
provides appellate review. Commissioners are appointed by the President and confirmed by the
Senate. Review of an ALJ decision by the Commission is not guaranteed but requires the
affirmative vote of two Commissioners. Most of the cases accepted for review are generated
from petitions filed by parties adversely affected by an ALJ decision. However, cases can also be
accepted based on the Commission's own direction for review. An ALJ decision that is not
accepted for review becomes a final, non- precedential order of the Commission. Appeals from
the Commission's decisions are to the U.S. courts of appeals.
Procedures for appealing cases to the Commission are contained in its Rules of Procedure published in 29 CFR Part 2700. The Commission also publishes these rules in a separate pamphlet. A brochure, entitled " How a Case
Proceeds Before the Commission" is also available. To order documents or inquire about the filing of an appeal or a pending case, please contact the Commission's Docket Office at (202)
434-9950. If a case has been assigned to an ALJ, inquiries should be directed to that ALJ. The
use of the case docket number will greatly facilitate the processing of any request.
The Commission's headquarters and Office of Administrative Law Judges are co-located in
Washington, D.C. with an additional OALJ's office in Denver, Colorado. Currently, the
Commission has a budget of more than $7 million and a staff of 50 employees. The
Commission's office address and telephone numbers are as follows:
Washington, D.C.:
601 New Jersey Avenue, N.W.
Washington, D.C. 20001
ph: (202) 434-9900
fx: (202) 434-9944
E-Mail: fmshrc@fmshrc.gov
Denver:
FMSHRC
1244 Speer Blvd., Room 280
Denver, CO 80204
ph: (303) 844-5267
fx: (303) 844-5268
Commission Members:
(Click on names for biography)
STRATEGIC AND PERFORMANCE PLANS
AND REPORTS
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