Scheme: 
FMSHCONT0003
Case Type Number: 
4
Statute (Common Name): 
Federal Mine Safety and Health Act of 1977
Program Area: 
Employment (Federal)
Legal Authorities (Statute/Exec. Order): 
Mine Act § 105(c)(2); 30 U.S.C. § 815(c)(2)
Regulatory Authorities (CFR): 
29 CFR § 2700.45
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
Temporary Reinstatement Proceedings: Temporary reinstatement proceedings involve cases in which a miner has filed a complaint with MSHA stating that he or she has suffered discrimination and the miner has lost his or her position. See the section above entitled, “Discrimination Proceedings,” for further discussion regarding such proceedings. If the Secretary determines that the discrimination complaint filed by the miner was not frivolously brought, the Secretary may file an application with the Commission for the temporary reinstatement of the miner. The operator charged with engaging in discrimination may request a hearing within 10 days after it has received the Secretary’s application for temporary reinstatement. The scope of the hearing is limited to whether the miner’s complaint was frivolously brought. Within 7 days after the close of a hearing, the Judge issues an order either granting or denying the miner temporary reinstatement. If a party wishes to challenge the Judge’s order, it may file a document called a “Petition for Review of Temporary Reinstatement Order” with the Review Commission. The petition must be received by the Review Commission within 5 business days after the party has received the Judge’s Order.
Relief Available in Actions Filed By Private Parties: 
Employment - Relief from Adverse Action
Reinstatement/Restoration of Existing Right or Privilege
Other Relief from Agency Action
Verified by Agency: 
Not verified