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UNITED MINE HEADQUARTERS
18354 QUANTICD GATEWAY DRIVE. SUITE 200



22172-1779



July 6, 2017

Mrs. Patricia W. Silvey

Deputy Assistant Secretary for Operations
Room 5C330

201 12th Street South

Arlington, VA 22202-5452

Dear Deputy Silvey:

This letter is to convey the concern about latest Compliance Assistant Initiative to
address the increase in injuries and fatalities among less experienced coal miners.

While the UMWA does expect that MSHA should be taking steps to address the increase in injuries and
fatalities among less experienced coal miners, this should not be done at the expense of circumventing
the Mine Act. This initiative is similar to other Compliance Assistant Programs (such as walk and talks)
that the agency has conducted in the past. These programs takes the Authorized Representative (AR)
Card from an inspector so that, in opinion, he or she cannot write a violation. in addition,
CAP, according to MSHA, does not include the Miners? Representative and their rights under
103(f). it is the position that MSHA is unlawfully amending the Mine Act. This is simply wrong.

Taking the inspector?s credentials and leaving them at the office takes away his or her right of entry to
any coal or other mine and their ability to issue a violation. inspectors are required to show their AR
card to an operator upon request. To take away an inspector?s right to issue a violation takes away the
one and only enforcement power the agency and the inspector has. It is our position that an MSHA
inspector who possesses an AR card is legally bound to cite a violation when one is found. In addition, to

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believe that an operator will comply with the law on their own free will is contrary to historical
experience and naive on part, to say the least.

CAP Program will force our members to file an increased number of 103(g) complaints under
the Mine Act. The Act clearly states in Section 103(g) 2: "Prior to or during any inspection of a coal or
other mine, any representative of miners or a miner in the case of a coal or other mine where there is
no such representative, may notify the Secretary or any representative of the Secretary responsible for
conducting the inspection, in writing, of any violation of this Act or any imminent danger which he or
she has reason to believe exists in such mine.? Implementing this CAP Program as currently presented
by MSHA will leave UMWA Local Union Health and Safety members who are charged with the
responsibility to protect the health and safety of our members working at the mine, along with any
miner, with no other choice other than to file 3 103(3) complaint. We will go on record to say that this is
not the way the UMWA would like to see this program implemented. We believe that the program
should include all stakeholders including MSHA, the mine operator, and the Miners? Representatives.

As I stated before, it is being argued that MSHA inspectors are not considered to be conducting an
inspection because they do not have their credentials (AR cards) on hand and does not meet the criteria
of 103(a). However, Section 103(a) of The Act, provides examples of an inspection, as follows:

1. Obtaining, utilizing, and disseminating information relating to health and safety conditions, the
causes of accidents, and the causes of diseases and physical impairments originating in such I
mines.

2. Gathering information with respect to mandatory health or safety standards.

Determining whether an imminent danger exists.

Determining whether there is compliance with the mandatory health or safety standards or with
any citation, order, or decision issued under this title or other requirements of this Act.

In the release sent out by MSHA, it states that the CAP will, among other things:

Review the operators approved training plans. .

Talk to and observe work practices of miners with one year or less experience at the mine.
Evaluate the effectiveness of the mine operator?s task training program.

Identify deficiencies in training. 

PLAIN-3H

Most if not all of these items fall under the definition of inspection under Section 103(a). The UMWA
once again contends that MSHA operating this program as written is a violation of the law.

Why MSHA would craft a program, such as the CAP, that specifically excludes the Miners?
Representative is a complete mystery to the UMWA and is beyond comprehension. The UMWA and
MSHA have historically worked together with the goal of making the miners work environment a safer
place to work. We believe that the Miners? Representative should have the right to accompany the
inspectors that are performing the compliance/training assistance and are a valuable resource to both
the operator and the Agency. Miners? Representatives work at the mine and provide a variety of very

valuable services to miners, mine operators, other'Representatives, and MSHA by helping ensure
compliance with the law, even when no inspector is present.

As provided under Section 103(f) of the Mine Act, Miners? Representatives participate in and assist
MSHA Inspectors in mine inspections and accident investigations. Their first-hand knowledge of the
mines serves as a valuable asset/tool during such inspections, investigations, and any lawful CAP that
MSHA would implement.

We believe a fair and democratic process is absolutely essential for the Mine Act to work as intended by
Congress. The Mine Act is so exceptionally powerful because are accompanied by a trusted peer
chosen by the miners who work at their workplace. The democratic process ensures that miners have
someone they trust to observe the inspection, training, information gathering processes, which ensures
the miners that the AR is being afforded transparency by the mine operator and acting appropriately in
enforcing mining laws and standards. The CAP, as proposed, undermines this process.

We request that MSHA follows through with their CAP. However, CAP as currently implemented
clearly denies the representative of the miners to fully participate and exercise their rights under Section
103(f) of The Act. The UMWA is requesting that MSHA restructure the CAP to permit the Miners
Representative to exercise their full walk around rights under Section 103(f) of The Act. The UMWA
contends that the activity in which MSHA is engaging in,_during the CAP visits, conforms to the definition
of an inspection under Section 103(a) of The Act. Congress clearly intended that miners at each
particular mine are permitted to choose their own representatives to observe and participate in the
inspection process and MSHA should not preclude Miners? Representatives from exercising their rights 
under Section 103(f) which includes full walk around rights. The UMWA has fought extremely hard to
secure the rights afforded to miners under The Mine Act and will not sit idly by while they are
encroached upon.

In closing, the UMWA contends that including the Miners? Representative in the CAP is the lawful and
right thing to do. Let us all work together in making the CAP a endeavor resulting in a safer
working environment for miners. 

We will await your response as to how MSHA plans to proceed with the CAP.

Respectfully,

Cecil E. Roberts