[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: 30CFR43.7]

[Page 184]
 
                       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 C--Informal Review
 
Sec. 43.7  Informal review upon written notice given to an inspector on the mine premises.


    (a) A representative of miners or, where there is no such 
representative, a miner, who has reason to believe that a violation of 
the Act or a mandatory health or safety standard exists, or an imminent 
danger exists, may notify an authorized representative of the Secretary 
in writing prior to or during an inspection conducted by such 
representative of any violation of the Act or mandatory health or safety 
standard or of any imminent danger which he or she has reason to believe 
exists in the mine being inspected. Where the authorized representative 
or the Secretary refuses to issue a citation or order with respect to 
such alleged violation or imminent danger, the representative of miners 
or miner may obtain review of such refusal in accordance with paragraphs 
(b) through (d) of this section.
    (b) A request for informal review shall be sent in writing to the 
appropriate district manager within 10 days of the date of the refusal 
to issue a citation or order and shall be accompanied by any supporting 
information the person requesting review wishes to submit.
    (c) After receipt of the request for informal review, the district 
manager or his agent may hold, at his or her discretion, an informal 
conference where the person requesting review can present his views.
    (d) After review of all written and oral statements submitted, the 
district manager may either affirm the refusal to issue a citation or 
order or may direct that a new inspection be conducted with respect to 
the alleged violation or imminent danger. The district manager shall 
furnish the person requesting review with a written statement of the 
reasons for his or her final disposition of the request as soon 
thereafter as possible. A copy of such statement shall be furnished the 
operator. The district manager's determination in the matter shall be 
final.