30 C.F.R. § 40.2
Requirements
(a) A representative of miners shall file with the Mine Safety and Health Administration District Manager for the district in which the mine is located the information required by § 40.3 of this part. Concurrently, a copy of this information shall be provided to the operator of the mine by the representative of miners.
(b) Miners or their representative organization may appoint or designate different persons to represent them under various sections of the act relating to representatives of miners.
(c) All information filed pursuant to this part shall be maintained by the appropriate Mine Safety and Health Administration District Office and shall be made available for public inspection.
Notes of Decisions
Cited in 3
cases, 1995–2006 · leading case: United States Dep't of Labor, & United Mine Workers of Am., Intervenor/plaintiff-Appellee v. Wolf Run Mining Co., Inc., 452 F.3d 275 (4th Cir. 2006).
United States Dep't of Labor, & United Mine Workers of Am., Intervenor/plaintiff-Appellee v. Wolf Run Mining Co., Inc., 452 F.3d 275 (4th Cir. 2006). “While the documents filed by the UMWA with the Mine Safety Administration were turned over to Wolf Run, as required by 30 C.F.R. § 40.2 (a), the documents signed by the two miners given directly to the Mine Safety Administration’s District Manager by the miners were not.”
Thunder Basin Coal Co. v. Fed. Mine Saf. & Health Review Comm'n & Sec'y of Labor, 56 F.3d 1275 (10th Cir. 1995). “” 30 C.F.R. § 40.2 (b). The miners in this case, however, did not differentiate among the various duties assigned to their designated representatives.”
U.S. Dep't of Labor v. Wolf Run Mining Co., 446 F. Supp. 2d 651 (N.D.W. Va. 2006). “” 30 C.F.R. § 40.2 sets forth that a representative of miners must file the information required by § 40.”
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