Federal Mine Safety and Health Review Commission

Federal Mine Safety and Health Review Commission Type: Independent Agencies Parent organization: Employees: 76 Executive: Chairman Budget: Approximately $18 million (fiscal year 2024) Address: 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 20004 Website: https://www.fmshrc.gov Creation Legislation: Federal Mine Safety and Health Act of 1977 Wikipedia: Federal Mine Safety and Health Review Commission

Federal Mine Safety and Health Review Commission [] This map created from a Cargo query ()

Mission To provide administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977, ensuring compliance with safety and health standards in the nation's mines. It seeks to resolve disputes fairly and impartially to protect miners' health and safety.

Services Adjudication of disputes under the Mine Act; appellate review; decisions on citations, penalties, and discrimination complaints

Regulations

Federal Mine Safety and Health Review Commission
File:Federal Mine Safety and Health Review Commission seal.png
Seal of the Federal Mine Safety and Health Review Commission
Agency Overview
Formed	November 10, 1977 (1977-11-10)
Preceding agency	Interior Board of Mine Operations Appeals
Headquarters	Washington, D.C.
Employees	76
Annual budget	$18 million (2022)
Agency Executive	Mary Lu Jordan, Chairman
Website
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The Federal Mine Safety and Health Review Commission (MSHRC) is an independent adjudicative agency of the United States government that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Amendments Act, or Mine Act, of 1977.

Overview

Under the Mine Act, the U.S. Department of Labor issues regulations covering health and safety in the nation's mines. Federal mine inspectors employed by the Department's Mine Safety and Health Administration (MSHA) enforce these regulations by issuing citations and orders to mine operators. The commission is concerned solely with the adjudication of disputes under the Mine Act, including the determination of appropriate penalties. It does not regulate mining or enforce the Mine Act. The commission was established as an independent agency to ensure its impartiality.

Most cases deal with civil penalties assessed against mine operators and address whether the alleged safety and health violations occurred as well as the appropriateness of proposed penalties. Other types of cases include orders to close a mine, miners' charges of safety related discrimination and miners’ requests for compensation after the mine is idled by a closure order.

The commission's administrative law judges (ALJs) decide cases at the trial level. The five-member Commission provides appellate review. Commissioners are appointed by the President and confirmed by the Senate. Review of an ALJ decision by the commission is not guaranteed but requires the affirmative vote of two Commissioners. Most of the cases accepted for review are generated from petitions filed by parties adversely affected by an ALJ decision. However, cases can also be accepted based on the commission's own direction for review. An ALJ decision that is not accepted for review becomes a final, non-precedential order of the commission. Appeals from the commission's decisions are to the U.S. courts of appeals.

Procedures for appealing cases to the commission are contained in its Rules of Procedure published in 29 CFR Part 2700. The commission also publishes these rules in a separate pamphlet. A brochure, entitled "How a Case Proceeds Before the Commission" is also available. The commission's headquarters and Office of Administrative Law Judges are co-located in Washington, D.C., with an additional OALJ's offices in Denver, Colorado and Pittsburgh, Pennsylvania. Currently, the commission has a budget of more than US$18 million and a staff of 76 employees.

Commissioners

The commission is composed of five members, appointed by the president of the United States with the consent of the United States Senate. All members shall be appointed on the basis of their training, education, or experience. Members are appointed to terms of six years. They cannot continue to serve on the commission past expiration of their term. Any member of the commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.

The President designates one member to serve as chairperson of the commission. Three members of the commission constitutes a quorum.

Current commissioners

The current commissioners as of September 28, 2024:

Position	Name	Party	Assumed office	Term expiration
Chair	Mary Lu Jordan	Democratic	October 11, 2022	August 30, 2026
Member	Timothy J. Baker	Democratic	October 11, 2022	August 30, 2026
Member	Moshe Z. Marvit	Democratic	March 25, 2024	August 30, 2028
Member	Vacant	Republican		August 30, 2030
Member	Vacant	Republican		August 30, 2030

Nominations

President Biden has nominated the following to fill seats on the commission. They await Senate confirmation.

Name	Term expires	Replacing
Marco M. Rajkovich Jr.	August 30, 2030	Reappointment

See also

• Title 29 of the Code of Federal Regulations

External links

• Records of the Federal Mine Safety and Health Review Commission in the National Archives (Record Group 470)