Federal Mine Safety and Health Review Commission

• Pages: 402-404

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 New Jersey Avenue NW., Suite 9500, Washington, DC 20001-2021

Phone, 202-434-9900. Email, fmshrc@fmshrc.gov. Internet, www.fmshrc.gov.

CHAIRMAN Mary Lucille Jordan

Commissioners Robert F. Cohen, Jr., Michael F. Duffy, Michael G. Young,

(vacancy)

Chief Administrative Law Judge Robert J. Lesnick

General Counsel Michael A. McCord

Executive Director Lisa M. Boyd

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The Federal Mine Safety and Health Review Commission ensures compliance with occupational safety and health standards in the Nation's surface and underground coal, metal, and nonmetal mines.

The Federal Mine Safety and Health Review Commission is an independent, adjudicative agency established by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), as amended. It provides administrative trial and appellate review of legal disputes arising from enforcement actions taken by the Department of Labor.

The Commission consists of five members who are appointed by the President with the advice and consent of the Senate and who serve staggered 6-year terms. The Chairman is appointed from among the Commissioners by the President.

The Commission and its Office of Administrative Law Judges are charged with deciding cases brought before it by the Mine Safety and Health Administration, mine operators, and miners or their representatives. These cases generally involve review of the Administration's enforcement actions, including citations, mine-closure orders, and proposals for civil penalties issued for violations of the act or the mandatory safety and health standards promulgated by the Secretary of Labor. The Commission also has jurisdiction over discrimination complaints filed by miners or their representatives in connection with their safety and health, complaints for compensation filed on behalf of miners idled as a result of mine closure orders issued by the Administration, and disputes over mine emergency response plans.

T217558.042

Activities

Cases brought before the Commission are assigned to the Office of Administrative Law Judges, and hearings are conducted pursuant to the requirements of the Administrative Procedure Act (5 U.S.C. 554, 556) and the Commission's procedural rules (29 CFR 2700).

A judge's decision becomes a final but nonprecedential order of the Commission 40 days after issuance unless the Commission has directed the case for review...