30 CFR § 43.7 Informal review upon written notice given to an inspector on the mine premises.
(a) A representative of miners or, where there is no such
representative, a miner, who has reason to believe that a violation of the
Act or a mandatory health or safety standard exists, or an imminent danger
exists, may notify an authorized representative of the Secretary in writing
prior to or during an inspection conducted by such representative of any
violation of the Act or mandatory health or safety standard or of any
imminent danger which he or she has reason to believe exists in the mine
being inspected. Where the authorized representative or the Secretary
refuses to issue a citation or order with respect to such alleged violation
or imminent danger, the representative of miners or miner may obtain review
of such refusal in accordance with paragraphs (b) through (d) of this
(b) A request for informal review shall be sent in writing to the
appropriate district manager within 10 days of the date of the refusal to
issue a citation or order and shall be accompanied by any supporting
information the person requesting review wishes to submit.
(c) After receipt of the request for informal review, the district
manager or his agent may hold, at his or her discretion, an informal
conference where the person requesting review can present his views.
(d) After review of all written and oral statements submitted, the
district manager may either affirm the refusal to issue a citation or order
or may direct that a new inspection be conducted with respect to the alleged
violation or imminent danger. The district manager shall furnish the person
requesting review with a written statement of the reasons for his or her
final disposition of the request as soon thereafter as possible. A copy of
such statement shall be furnished the operator. The district manager's
determination in the matter shall be final.
U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939 www.msha.gov | Telephone: (202) 693-9400 | Fax-on-demand: (202) 693-9401