Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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Alternative Case Resolution Initiative (ACRI)
Under the Federal Mine Safety and Health Act of 1977, MSHA inspectors are required to issue a citation or order for each violation that they observe during the course of their inspection activities. The citation or order is issued to the mine operator. The operator is to correct the violation within a predetermined time. MSHA assesses a civil penalty for each violation cited. The operator may dispute the legality of the citation or order and/or the size of the civil penalty and ask for a conference with MSHA and/or for a hearing before an administrative law judge of the Federal Mine Safety and Health Review Commission. Due to the thousands of enforcement actions each year, mine operators have frequently requested formal hearings and have also sought informal resolution of questions regarding citations and orders. MSHA, in cooperation with the Office of the Solicitor, developed the Alternative Case Resolution Initiative (ACRI) to meet this need in 1994. The ACRI program created the position of Conference/Litigation Representative (CLR). The CLRs are primarily experienced mine inspectors who are trained in classroom and courtroom settings to represent the Secretary of Labor in contested cases. Once their proficiency is demonstrated, they process cases that do not involve civil penalties in excess of $2,500 or complex legal issues. The CLRs are authorized to negotiate prehearing settlements with the mine operators and to represent MSHA in hearings. The success rate in reaching settlements without litigation is very high. Mine operators may also seek informal conferences following the issuance of the citation or order under 30 CFR Part 100.6. The CLRs in Coal Districts and Supervisory Mine Inspectors in Metal/Nonmetal Districts primarily serve on behalf of the District Manager and meet with the operator to attempt an informal resolution of the dispute before a civil penalty is assessed. This widely recognized and highly commended program is one of the few times that non-lawyers have represented a Cabinet-level official in a legal proceeding. As of August 30, 2001, MSHA has trained over 100 enforcement personnel to act as CLRs for the ACRI program and there are CLRs designated in each MSHA district office. The CLRs are currently responsible for processing approximately 35 percent of the total number of cases contested by mine operators. MSHA and the mining community are reaping the benefits of the ACRI program. The CLRs efforts have reduced formal litigation, improved relations between MSHA and the mining community, improved communications between MSHA's inspectors and the legal community, and has permitted the dedication of legal resources to more complex and serious cases. For more information, contact MSHA's Program Education and Outreach Services on (202) 693-9400, or your local MSHA office. (Check your local phone book, under "U.S. Government.") |
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Mine Safety and Health Administration (MSHA) 1100 Wilson Boulevard, 21st Floor Arlington, VA 22209-3939 |
Phone:
(202) 693-9400 Fax-on-demand: (202) 693-9401 Technical (web) questions: Webmaster On-line Filing Help: MSHAhelpdesk@dol.gov or call (877) 778-6055 Contact Us | |
