The Federal Mine Safety & Health Act of 1977 (the "Mine Act" - Public Law 91-173, as amended by Public Law 95-164, 30 U.S.C. 801 et seq.) was enacted March 9, 1978. It created the Mine Safety and Health Administration ("MSHA"), which has warrantless search authority and subpoena power (in limited circumstances). MSHA is required to inspect each surface mine twice per year, and to inspect each underground mine four times per year. Representatives of the National Institute for Occupational Safety & Health ("NIOSH") also have the right to enter mines to perform safety and health research. Failure to admit authorized representatives of MSHA or NIOSH to the mine site is a violation of Section 103(a) of the Mine Act, and carries a maximum $55,000 civil penalty per violation.
MSHA is vested with power to develop standards and regulations that address safety and health issues at mine. Often, these differ from other agencies' standards that address similar subjects. MSHA is granted broad deference in interpreting its own regulations and standards, and MSHA publishes a Program Policy Manual, and other interpretative memoranda, that provide guidance on implementation of its standards. However, MSHA cannot add new requirements through interpretative documents, and it must go through "notice and comment" rulemaking under the Administrative Procedure Act before imposing new mandates on the mining community.
MSHA has enforcement authority over all mine operators and owners, as well as independent contractors who perform work at mine sites. All persons performing work at mines, who are exposed to mine hazards, are considered "miners" under the Act. The term "mine" is broadly construed to include coal, metal and non-metal mines, aggregate operations, cement plants, portable crushing operations, and even off-site maintenance shops that repair mine equipment. MSHA and the Occupational Safety & Health Administration ("OSHA") have an interagency agreement that defines the limits of each agency's jurisdiction. It can be found on MSHA's Website at www.msha.gov.
The Mine Act is a "strict liability" statute. This means that there are no affirmative defenses available to the "fact of violation" - although even if a violation occurs, the mine operator can present evidence to reduce findings of gravity and negligence. Inspectors must issue citations when they believe that a mandatory standard or regulation has been violated. An MSHA inspector does not have to witness a violation in progress in order to issue a citation.
There are some state agencies that also regulate mine safety and health issues. In these states, mine operators may have to comply with both MSHA rules and more stringent state standards. They may also be subject to citations from both federal and state agencies in the event of a fatality or serious incident.
