Scheme: 
FMSHCITA0002
Case Type Number: 
3
Statute (Common Name): 
Mine Act
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
Mine Act Sec. 105(c) (30 U.S.C. § 815(c))
Regulatory Authorities (CFR): 
29 C.F.R. Part 2700 Subpart E
Filed By: 
Private Party/Individual
Federal Agency
Brief Description of Case Type: 
Discrimination Proceedings (29 C.F.R. Part 2700 Subpart E; Mine Act Sec. 105(c) (30 U.S.C. § 815(c)) A discrimination proceeding involves a miner’s allegation that he or she has suffered adverse employment action because he or she engaged in activity protected under the Mine Act, such as making a safety complaint. A discrimination complaint filed by the Secretary shall propose a civil penalty of a specific amount for the alleged violation of section 105(c) of the Act, 30 U.S.C. 815(c). If the Secretary believes that no discrimination has occurred, the miner may file a complaint on his or her own behalf with the Commission within 30 days of the Secretary’s written determination. The complaint shall include a summary of the facts, including the alleged discrimination, and the relief requested.
Relief Available in Actions Filed By Private Parties: 
Employment - Relief from Adverse Action
Monetary Award
Reinstatement/Restoration of Existing Right or Privilege
Verified by Agency: 
Not verified