Sec. 403. Underground coal miner employment standard for mines placed in pattern of violations status
276 words·~1 min read·
/bill/113/hr/1373/ih/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Federal Mine Safety and Health Act of 1977 is further amended by adding at the end of title I the following: For purposes of ensuring miners’ health and safety and miners’ right to raise concerns thereof, when an underground coal mine is placed in pattern of violations status pursuant to section 104(e), and for 3 years after such placement, the operator of such mine may not discharge or constructively discharge a miner who is paid on an hourly basis and employed at such underground coal mine without reasonable job-related grounds based on a failure to satisfactorily perform job duties, including compliance with this Act and with mandatory health and safety standards or other regulations issued under this Act, or other legitimate business reason, where the miner has completed the employer’s probationary period, not to exceed 6 months.
A miner aggrieved by a violation of subsection
(a)may file a complaint in Federal district court in the district where the mine is located within 1 year of such violation. In an action under subsection (b), for any prevailing miner the court shall take affirmative action to further the purposes of the Act, which may include reinstatement with backpay and compensatory damages. Reasonable attorneys’ fees and costs shall be awarded to any prevailing miner under this section. A miner’s right to a cause of action under this section may not be waived with respect to disputes that have not arisen as of the time of the waiver. Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement. .