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MISSION AND FUNCTION:
The Division of Mine Safety and Health provides legal services to the
Assistant Secretary for Mine Safety and Health in connection with the
development and enforcement of mandatory safety and health standards
applicable to mining and mine construction activity under the Federal Mine
Safety and Health Act of 1977. The Division represents the Secretary of
Labor in administrative hearings, civil trials and appellate litigation
arising under the Act. It also approves criminal cases for submission to
the Department of Justice or the United States Attorney and assists in the
prosecution as appropriate.
STATUTE: The Division provides legal services to assist the
Mine Safety and Health Administration (MSHA) in its administration and
enforcement of the
Federal Mine Safety and Health Act of 1977 (the Mine Act). The first
priority and concern of the Mine Act is the health and safety of the mining
industry's most precious resource---the miner. Miners have the right to
obtain an inspection of the mine if there are reasonable grounds to believe
that an imminent danger or violation of the Act or standard exists. They
have the right to accompany MSHA inspectors during mine inspections with no
loss of pay. The Mine Act also provides protection for miners from
discrimination based upon the exercise of rights granted by the statute. The
Mine Act governs both coal and non-coal industries and requires MSHA to
conduct at least four complete inspections of all underground mines every
year and at least two complete inspections of all surface mines every year.
Civil penalties must be assessed for all violations of the Mine Act.
DESCRIPTION OF DUTIES:
Appellate Attorneys handle virtually all cases in the United States Court of
Appeals arising under the Mine Act. The appellate attorneys are responsible
for each phase of an appeal from the initial review of the record and
transcripts, recommendations to the client on whether to appeal a case,
drafting and filing all briefs and court documents, and appearing in oral
arguments. In addition, appellate attorneys handle all appeals before the
Federal Mine Safety and Health Review Commission (FMSHRC).
Trial Attorneys litigate select cases involving important policy or legal issues
arising under the Mine Act. They also coordinate with and provide
substantive policy guidance to attorneys in the Regional Solicitor's offices
involved in litigation of Mine Act cases before FMSHRC Administrative Law
Judges. Trial attorneys also serve as the primary contact for procedural and
substantive litigation policy guidance under the Mine Act. In addition, they
provide on-site legal advice during major accident investigations and
participate in the development and review of all major accident reports.
Trial attorneys also provide training and legal oversight to Conference and
Litigation Representatives, specially trained lay representatives who handle
certain cases before the FMSHRC.
Attorneys in the Standards and Legal Advice Section provide legal advice on the
development of standards and regulations as well as jurisdictional and
policy issues under the Mine Act. They draft and review major policy
documents and compliance assistance materials. In addition, they represent
MSHA in public hearings, and draft and review testimony for and responses to
questions from Congressional hearings. They also provide legal advice and
counsel concerning appropriations law, information disclosure, procurement,
ethics, administrative law, legislation, and information collection and
dissemination requirements.
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