Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 4 (1994)

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Cite as: 510 U. S. 200 (1994)

Opinion of the Court

safety inspections of the Nation's mines.1 Section § 813(f) provides:

"[A] representative of the operator and a representative authorized by his miners shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any coal or other mine . . . for the purpose of aiding such inspection and to participate in pre- or post-inspection conferences held at the mine."

Regulations promulgated under this section define a miners' representative as "[a]ny person or organization which represents two or more miners at a coal or other mine for the purposes of the Act." 30 CFR § 40.1(b)(1) (1993).

In addition to exercising these "walk-around" inspection rights under § 813(f), persons designated as representatives of the miners may obtain certain health and safety information 2 and promote health and safety enforcement.3 Once the mine employees designate one or more persons as their rep-1 Underground mines must be inspected at least four times a year, and surface mines must be inspected at least twice annually. 30 U. S. C. § 813(a).

2 Miners' representatives are entitled to receive "a copy of any order, citation, notice, or decision" issued by the Secretary to the mine operator, 30 U. S. C. § 819(b), as well as copies of certain mine health and safety records available to the Secretary regarding employee exposure to toxic or other harmful agents, § 813(c), daily mine inspections, 30 CFR § 77.1713, and plans for mine evacuation, § 77.1101, roof control, § 75.220, and employee training, §§ 48.3 and 48.23.

3 Miners' representatives, among other things, may inform the Secretary of mine hazards, 30 U. S. C. § 813(g)(2), request immediate additional inspections of the mine when a violation or imminent danger exists, § 813(g)(1), and participate in proceedings before the Federal Mine Safety and Health Review Commission, § 815(d). Representatives may request or challenge certain enforcement actions against a mine operator, §§ 815(d) and 817(e)(1), contest the time an operator is given to abate a Mine Act violation, § 815(d), and initiate proceedings to modify the application of health and safety standards, 30 CFR § 44.3.

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