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District 5 - Coal Mine Safety and Health
Conference and Litigation Department
What the CLR Department Means to You:
Participating in our conference litigation process affords you the opportunity to present additional information and facts regarding citations/orders with which you disagree. As a result, you will receive an unbiased review of those documents.
Part100 30 CFR
§100.6 Procedures for review of citations and orders; procedures for assessment of civil penalties and conferences.
- (a) All parties shall be afforded the opportunity to review with MSHA each citation and order issued during an inspection.
- (b) Upon notice by MSHA, all parties shall have 10 days within which to submit additional information or request a safety and health conference with the District Manager or designee. A conference request may include
a request to be notified of, and to participate in, a conference initiated by another party.
- (c) It is within the sole discretion of MSHA to grant a request for a conference and to determine the nature of the conference.
TO: REPRESENTATIVES OF THE MINERS, MINE OPERATORS AND INDEPENDENT CONTRACTORS
All parties have 10 days to request a safety and health conference, upon notice by MSHA, in accordance with Title 30, Code of Federal Regulations, Part 100, Section 100.6(b).
The purpose of the conference is to permit the requestor and any other party to submit any additional relevant information relating to the citations(s)/order(s). For District 5 conferences, the following rules are applicable:
- 1. Specific detail must be provided for each issue to be discussed at the conference and must be reduced to writing. The conference will be limited to those requested issues.
- 2. Each party will be permitted to have one representative in attendance. Requests for more than one representative from either party will be considered by the conference officer and may be granted for extenuating circumstances. The issuing inspector/engineer may or may not be present at the conference.
You may request a safety and health conference for any citation or order issued, including those where a special assessment is proposed.
A request for a conference does not waive your rights to a formal hearing with the Federal Mine Safety and Health Review Commission.
Tips To Assist You in Requesting and Participating in Your Part 100 Conference
- Friday of each week that inspection activities take place at a mine will begin the 10-day conference request
period for violations issued during that week.
- Requests can be either mailed or faxed. If you feel that your request will not reach MSHA within the required time frame, a telephone call within the ten days will help to preserve your rights.
- It is to your advantage to bring with you to the conference all the paperwork, documents, etc., to substantiate the issues you have with the violation.
Conference Litigation Representative
MSHA, Wise County Plaza
PO Box 560
Norton, VA 24273
PH: (276) 679-0230
FAX: (276) 679-1663
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