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Federal Mine Safety and Health Review Commission

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Federal Mine Safety and Health Review Commission
Seal of the Federal Mine Safety and Health Review Commission
Agency overview
FormedNovember 10, 1977; 46 years ago (1977-11-10)[1]
Preceding agency
  • Interior Board of Mine Operations Appeals
HeadquartersWashington, D.C.
Employees76
Annual budget$18 million (2022)
Agency executive
  • Mary Lu Jordan[2], Chairman
Websitewww.fmshrc.gov Edit this at Wikidata

The Federal Mine Safety and Health Review Commission 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

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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 An ALJ decision that is not accepted for review becomes a final, non-precedential order of the commission.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.[3]

Commissioners

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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.[4]

The President designates one member to serve as chairperson of the commission. Three members of the commission constitutes a quorum.[4]

Current commissioners

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The current commissioners as of September 28, 2024:[5]

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

Nominations

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President Biden has nominated the following to fill seats on the commission. They await Senate confirmation.[6]

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

See also

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References

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  1. ^ 30 U.S. Code § 823 - Federal Mine Safety and Health Review Commission - cornell.edu
  2. ^ "Mary Lu Jordan". www.fmshrc.gov. Retrieved October 12, 2022.
  3. ^ "Congressional Budget Justification and Annual Performance Plan" (PDF). March 28, 2022.
  4. ^ a b 30 U.S.C. § 823
  5. ^ "Commissioners". FMSHRC.gov. Federal Mine Safety and Health Review Commission. Retrieved September 28, 2024.
  6. ^ "Quick Search Federal Mine Safety and Health Review Commission". Congress.gov. Library of Congress. Retrieved September 28, 2024.
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