[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR43.2]

[Page 183]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 43--PROCEDURES FOR PROCESSING HAZARDOUS CONDITIONS COMPLAINTS--Table of Contents
 
                           Subpart A--General
 
Sec. 43.2  General.

    (a) Under section 103(g)(1) of the Act, a representative of miners, 
or where there is no such representative, a miner, who has reasonable 
grounds to believe that a violation of the act or a mandatory health or 
safety standard exists, or an imminent danger exists, has a right to 
obtain a special inspection if he or she gives notice of such violation 
to the Secretary or his duly authorized representative. The notice shall 
be reduced to writing and signed by the miners' representative or miner, 
and a copy that does not reveal the name of the person giving the notice 
must be served on the operator no later than at the time of the 
inspection. If the Secretary determines that a violation or danger does 
not exist, he must so notify the miners' representative or miner in 
writing.
    (b) Under section 103(g)(2) of the Act, a representative of miners 
or, if there is no such representative, a miner, may notify in writing 
an authorized representative of the Secretary who is on mine premises 
prior to or during an inspection, of any violation or imminent danger 
which he or she has reason to believe exists in the mine. There shall be 
procedures for the informal review of any refusal by the Secretary's 
authorized representative to issue a citation with respect to such 
alleged violation or danger, including notification to the miners' 
representative or miner of the reasons for his disposition of the case.

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[43 FR 29515, July 7, 1978, as amended at 47 FR 14696, Apr. 6, 1982; 60 
FR 33722, June 29, 1995]