Federal Mine Safety and Health Review Commission

Federal Mine Safety and Health Review Commission seal

Federal Mine Safety and Health Review Commission

The Federal Mine Safety and Health Review Commission (FMSHRC) is an independent adjudicatory agency that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977. The Commission plays a crucial role in ensuring the safety and health of miners in the United States.

History

The FMSHRC was established by the Federal Mine Safety and Health Act of 1977, also known as the Mine Act. The primary purpose of the Commission is to adjudicate disputes between mine operators and the Mine Safety and Health Administration (MSHA) regarding enforcement actions, penalties, and violations of safety regulations in the mining industry.

Structure

The Commission is composed of five members appointed by the President of the United States and confirmed by the Senate. The members include a Chairman and four Commissioners, who serve staggered terms. The Commission is headquartered in Washington, D.C., and has regional offices to oversee cases across the country.

Functions

The primary function of the FMSHRC is to conduct hearings and adjudicate disputes related to enforcement actions taken by the MSHA. The Commission has the authority to review citations, orders, and penalties issued by the MSHA and to make final decisions on these matters. Additionally, the Commission hears appeals from miners, operators, and other parties affected by MSHA enforcement actions.

Legal Framework

The FMSHRC operates within the legal framework established by the Mine Act and other relevant statutes and regulations governing mine safety and health. The Commission's decisions are subject to judicial review in the federal courts, providing an additional layer of oversight and accountability.

Impact

The FMSHRC plays a critical role in promoting and enforcing safety standards in the mining industry. By providing an impartial forum for resolving disputes and ensuring compliance with safety regulations, the Commission contributes to the overall well-being and protection of miners across the country.

See also

• Mine Safety and Health Administration
• Occupational Safety and Health Administration