Skip to content
U.S. Department of Labor


Mine Safety and Health Administration
1100 Wilson Boulevard
Arlington, Virginia 22209-3939

ISSUE DATE: June 19, 2014

PROGRAM INFORMATION BULLETIN NO. P14-05

FROM:             KEVIN G. STRICKLIN  
                       Administrator for
                       Coal Mine Safety and Health

                       NEAL MERRIFIELD  
                       Administrator for Metal and Nonmetal
                       Mine Safety and Health

SUBJECT:    Additional Filing Options for Representative of Miners

Who needs this information?
Mine Safety and Health Administration (MSHA) enforcement personnel, coal mine operators, metal and nonmetal mine operators, miners, miners' representatives, and interested persons need this information.

Why is MSHA issuing this Program Information Bulletin
This Program Information Bulletin (PIB) provides information to miners' representatives who submit information under Title 30 of the Code of Federal Regulations (30 CFR) Part 40 - Representative of Miners. This PIB also notifies miners' representatives of filing options that preserve the confidentiality of designating miners, if desired.

Information
Under 30 CFR Part 40, a representative of miners must file with MSHA the information required under §40.3. Filing this information prior to an MSHA inspector's arrival at the mine site reduces mine-site conflict and uncertainty. First, an MSHA inspector can more efficiently conduct an inspection because the inspector has prior notice of the identity of the miners' representative and can contact the representative immediately upon arriving at the mine. Second, other miners and the mine operator have prior notice of the designation of the miners' representative, potentially reducing on-site challenges.

Under § 40.2(b) Miners or their representative organization may appoint or designate different persons to represent them under various sections of the act relating to representatives of miners. The required information includes the names of at least two designating miners and their contact information. However, while MSHA must be informed of the designating miners' identities in order to verify the designation, there is no requirement that the identities of the designating miners be generally known or published. For this reason, if the designating miners desire confidentiality, miners' representatives should file the required information in a manner that preserves this confidentiality.

MSHA now offers three different filing options by which miners' representatives may provide the required information, all of which can preserve miners' confidentiality of the designating miners. MSHA has created an optional form, Representative of Miners Designation Form, MSHA Form 2000-238 which permits miners' representatives to preserve the confidentiality of the designating miners, if desired. Miners' representatives may easily file in one of three ways:

For all filings requesting a confidential designation, MSHA limits access to the appropriate District Manager and the District Manager's designees.

What is the background for this PIB?
The Federal Mine Safety and Health Act of 1977 (Mine Act) permits miners' representatives to represent miners under various sections of the Act relating to representatives of miners. MSHA's requirements for registering miners' representatives are in 30 CFR Part 40.

What is MSHA's authority for this PIB?
The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq.; 30 CFR Part 40.

Internet Availability
This information bulletin may be viewed on the Internet by accessing MSHA's home page at http://www.MSHA.gov under MSHA's Major Laws, Regulations and Policies select Compliance Information (PIBs, PILs, the PPM and More) and then select Program Information Bulletins.

Issuing office and contact person
Coal Mine Safety and Health
Don Braenovich, (202) 693-9551
E-mail: Don.Braenovich@dol.gov

Metal and Nonmetal Mine Safety and Health
Brian Goepfert, (202)693-9645
E-mail: goepfert.brian@dol.gov

Distribution
MSHA Enforcement Personnel
Mine Program Policy Manual Holders
Miners' Representatives
Coal and Metal and Nonmetal Mine Operators
Special Interest Groups


Attachment