ETA News Release: [05/24/2013]
Contact Name: Gloria Della or Egan Reich

Phone Number: (202) 693-4679 or x 4960
Email: Della.Gloria.D@dol.gov or Reich.Egan.2@dol.gov
Release Number: 13-1043-SEA

US Department of Labor grant to assist Oregon workers affected by closure of Boise White Paper

WASHINGTON — A $175,318 National Emergency Grant was announced today by the U.S. Department of Labor to assist about 70 of the 110 workers affected by the closure of Boise White Paper LLC in St. Helens, Ore.

Awarded to the Oregon Department of Community College and Workforce Development, the grant will provide eligible workers with access to training and a broad range of support services, in conjunction with other services they may receive as a result of their eligibility for Trade Adjustment Assistance benefits.

Boise White Paper manufactured packaging products and paper. The company notified employees that its manufacturing operations would cease by March 31, and the facility would shut down because of a decline in the demand for the company’s products.

National Emergency Grants are part of the secretary of labor’s discretionary fund and are awarded based on a state’s ability to meet specific guidelines. For more information, visit http://www.doleta.gov/NEG/.

Article source: http://www.dol.gov/opa/media/press/eta/ETA20131043.htm

ODEP News Release: [05/23/2013]

Contact Name: Bennett Gamble or Laura McGinnis

Phone Number: (202) 693-4667 or x4653
Email: Gamble.Bennett@dol.gov or McGinnis.Laura.K@dol.gov
Release Number: 13-1020-NAT

US Labor Department’s Office of Disability Employment Policy announces theme for National Disability Employment Awareness Month October 2013

WASHINGTON — “Because We Are EQUAL to the Task” is the theme of this year’s National Disability Employment Awareness Month. Chosen by the U.S. Department of Labor’s Office of Disability Employment Policy, the theme reflects the reality that people with disabilities have the education, training, experience and desire to be successful in the workplace.

“When I was growing up, many people doubted what I could do just because I was blind. But because I had people in my life who instilled in me an expectation of work and showed me opportunities to be successful, I completed college and became known for what I can do,” said Kathy Martinez, assistant secretary of labor for disability employment policy. “I urge all employers to benefit from the skills of workers with disabilities by giving them, including our returning veterans, a chance to show that they, too, are equal to the task.”

This year’s theme echoes the message of ODEP’s ongoing Campaign for Disability Employment to promote positive employment outcomes for people with disabilities and expand ideas about what youths with disabilities cando when they receive encouragement and support for their ambitions. Conducted in collaboration with business and disability organizations, the campaign emphasizes that, at work, it is what people can do that matters. More information about the Campaign for Disability Employment is available at http://www.whatcanyoudocampaign.org.

Recognized in some form since 1945 when Congress designated a week in October as “National Employ the Physically Handicapped Week,” National Disability Employment Awareness Month is a culmination of ODEP’s year-long efforts to raise awareness about the value of employing people with disabilities. The theme is announced well in advance of October to enable communities throughout the nation to plan announcements and activities to recognize the month and celebrate the many and varied contributions of America’s workers with disabilities. Such activities include proclamations, public awareness programs and job fairs that enhance awareness, create opportunities, or showcase the abilities and talents of workers with disabilities. Resources for participation and more information are available on ODEP’s Web pages at http://www.dol.gov/odep by selecting NDEAM from among the topics listed.

Article source: http://www.dol.gov/opa/media/press/odep/ODEP20131020.htm

WHD News Release: [05/16/2013]
Contact Name: Diana Petterson or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Email: Petterson.Diana@dol.gov or Rodriguez.Juan@dol.gov
Release Number: 13-0722-DAL

Rigid Oil Field Services in Hydro, Okla., pays more than $51,000 in overtime back wages following US Labor Department investigation

HYDRO, Okla. — Rigid Oil Field Services LLC has agreed to pay $51,839 in overtime back wages to 28 current and former employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division, which found violations of the overtime and record-keeping provisions of the Fair Labor Standards Act. The company misclassified its employees as independent contractors.

The investigation by the division’s Oklahoma City District Office determined that laborers at Rigid Oil Field Services LLC were employees and not independent contractors as the company claimed. As a result of this misclassification, the company violated the FLSA by failing to pay its employees the legally required overtime pay for hours worked in excess of 40 in a workweek. Additionally, Rigid Oil Services LLC failed to maintain hours worked and payroll records for the employees that were misclassified as independent contractors.

“The misclassification of employees as independent contractors presents one of the most serious problems facing affected employees, employers and the entire economy,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest Region. “The workers were not only denied their proper overtime compensation, but they were cheated out of other required worker protections, such as unemployment insurance and workers’ compensation.”

The company has agreed to comply with the FLSA in the future and has secured a third party to help it ensure that employees received time and one-half their regular rate of pay for hours worked over 40 in a week. The employer also agreed to pay the back wages found due in full.

Too often, business models and practices result in employees being misclassified as something other than an employee, such as independent contractors or LLCs. Under the law, however, whether someone is an employee is determined by the actual relationship between the worker and the business — not by label or registration. Similarly, simply providing employees with 1099s instead of W-2s does not transform them into legitimate independent contractors under the FLSA. Misclassifying employees can result in workers being denied minimum wage, overtime pay, unemployment insurance and workers’ compensation benefits. This makes it harder for low-wage workers to put food on the table and provide for their families. It means a greater chance of working in unsafe conditions and not being compensated when hurt on the job.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses, piece-rate earnings and incentive pay, for hours worked beyond 40 per week. In general, hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

For more information about the FLSA and other federal wage laws, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or the division’s Oklahoma City office at 405-231-4158. Information is also available at http://www.dol.gov/whd/.

• Read this news release en Español.

Article source: http://www.dol.gov/opa/media/press/whd/WHD20130722.htm

ILAB News Release: [05/20/2013]
Contact Name: Gloria Della or Egan Reich
Phone Number: (202) 693-4679 or x4960
Email: Della.Gloria.D@dol.gov or Reich.Egan.2@dol.gov
Release Number: 13-0972-NAT

$9 million in funding available from US Labor Department to reduce child labor in Colombia

WASHINGTON — The U.S. Department of Labor’s Bureau of International Labor Affairs today announced a $9 million competitive grant solicitation for one or more projects to reduce child labor in the artisanal mining sector of Colombia.

Thousands of children work in Colombia’s mining sector, where they labor alongside adults and are exposed to physical injuries, dangerous tools, hazardous substances, toxic gases and explosions. Many people are not aware that children face these hazards.

One or more qualifying organizations will receive funding to support Colombia’s efforts to identify and combat child labor in the mining sector, including by increasing educational opportunities for children and improving the livelihoods of families involved in artisanal mining. The project(s) will address occupational safety concerns to reduce the risk of injuries to adult miners and the corresponding loss of household income that can contribute to child labor. In addition, the project(s) will improve interagency coordination to provide social services to children engaged in mining and fund an exchange program with other countries to share strategies on activities covered by the grant(s).

Applications must be submitted by July 19 at 5 p.m. EDT electronically via http://www.grants.gov or as hard copies mailed to the U.S. Department of Labor, Office of Procurement Services, 200 Constitution Ave. NW, Room S-4307, Washington, DC 20210, Attention: Brenda White.

All awards will be made by Sept. 30. The solicitation for grant applications (SCA 13-06) is available online at http://www.dol.gov/ILAB/grants/ and http://www.grants.gov.

Article source: http://www.dol.gov/opa/media/press/ilab/ILAB20130972.htm

Full Report

Research Summary

May 2013                                                        No. 413

Research on State Regulatory Flexibility Acts

by Microeconomic Applications Inc. Washington, D.C. 20016.
212 pages. Under contract number SBAHQ-11-M-0205.

Purpose

The impact of government regulation falls harder
on small businesses than large ones because small
businesses lack economies of scale. In small firms,
the costs of complying with a regulation are spread
over fewer employees or sales, whether measured in
dollar expenditures, employee hours, or some other
metric. Regulatory requirements may take the form
of extra paperwork, new work processes, or product
modifications, and these cost small firms more on
a unit basis to initiate than they cost large firms. To
alleviate such disproportionate effects of regulatory
compliance on small business, a federal law, the
Regulatory Flexibility Act (RFA),¹ was enacted in
1980, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).²

The RFA requires agencies to consider the impact
of proposed regulations on small entities. The law
has spared small businesses from many burdensome
costs, while preserving the health, safety and other
broad goals of regulations. This burden reduction
is made possible through “flexibility” in regulatory
requirements, for example, staggering the effective
date of a regulation, exempting businesses below a
certain size from some requirements, simplifying
compliance requirements, or creating limited safe
harbors.

The RFA charges the Office of Advocacy, housed
in the Small Business Administration, with monitoring
the implementation of the law, and in the 2000s,
the office launched a concerted effort urging states to
adopt similar consideration in state-level rulemaking
processes.³ This report examines these state efforts.

Background

The Office of Advocacy published a study in 2002
which analyzed and evaluated state efforts to mitigate
the regulatory burden on small businesses.⁴ The
findings of this study revealed that very few states
were actively implementing protections for small
businesses against burdensome regulations. It also
suggested that genuine protection for small businesses
was the product of well written legislation
and executive orders, as well as support from the
governor’s office.

In 2002, the Office of Advocacy launched a model
legislation initiative utilizing a model state regulatory
flexibility bill. The model bill incorporated
many elements of the RFA in a simplified form. It
was published for general use in 2005, along with
supporting documentation; a guidance document to
assist the states with adoption and implementation
was published in 2007.

By 2008, a majority of states had some form of
small business regulatory flexibility on their books.
The purpose of the present study is to see what
changes and improvements have stemmed from the
various regulatory flexibility initiatives.

Overall Findings

• State regulatory flexibility programs differ greatly
in many dimensions, although many are based on
the same foundation, the Office of Advocacy’s model
bill. Some programs were implemented by executive
order, others by legislation; all, however, are missing
at least some of the elements found in the model bill.

• Executive branch support for regulatory flexibility
is essential to success. At a minimum, state leadership
must regard regulatory flexibility as a legitimate
activity in its own right and give priority to making
regulatory flexibility infrastructure effective.

• In addition, to be effective, regulatory flexibility
must be recognized as an activity distinct from other
small business assistance, and, as such, be given support
and resources at the departmental level.

• Guidance on regulatory flexibility is lacking in
most state programs. The most common forms of
guidance are checklists or templates for reporting
analyses; these do little more than repeat the statutory
requirements without elaboration or explanation.

• A small business regulatory advocate is an
essential element in the regulatory flexibility infrastructure.
Fewer than one-fifth of states have such an
advocacy position or office. An advocate works with
agency staff—from early in the rulemaking through
the public hearing process—to understand regulatory
flexibility principles and practices.

A comparison of New Mexico’s Small Business
Regulatory Advisory Commission and Missouri’s
Small Business Regulatory Fairness Board shows
the necessity of executive support. New Mexico
and Missouri have very similar regulatory flexibility
statutes. However, while Missouri’s Regulatory
Fairness Board flourished, New Mexico’s Regulatory
Advisory Commission foundered. The origins and
compositions of each group followed very different
courses. Missouri’s statute was adopted after two
years of operation with strong gubernatorial support
under an executive order. In addition, the Missouri
board’s membership includes the chair of the minority
business advocacy commission. New Mexico’s
advisory commission, on the other hand, was established
with no context and no experience.

Policy Implications

In order for state regulatory flexibility to be more
effective, states need to invest more time and effort
into making state regulatory flexibility a priority. The
report contains several best practices in this regard.
The effectiveness of such measures lies in how thoroughly
these are carried out, not in their mere presence.
This study implies that policymakers should:

• Keep the focus on regulatory flexibility, e.g.,
mitigation of disproportionate burdens on small business;

• Give elements of the regulatory infrastructure
a durable, preferably statutory, foundation with clear
authority to act;

• Build a complete and well-coordinated regulatory
flexibility infrastructure;

• Find creative, dedicated people who understand
the mission;

• Make regulatory flexibility a policy priority
and provide adequate resources; and

• Recognize and prepare for the fact that this is a
long-term endeavor.

Scope and Methodology

The authors gathered information from September
2011 through July 2012. Information was collected
predominantly from online sources. This was appropriate
in that openness and accessibility of information
is itself an important aspect of implementing the
process. Use of online information was a limitation
because in most states some types of useful documents
were not online. Documents generally were
available from enough states to show patterns and
the range of practices.

Conceptually, information collection was organized
and driven by assuming two roles:

• A small business owner trying to weigh in with
an opinion on a rule needs to identify four pieces of
information: regulations that may affect him or her,
the specifics of a particular regulation, how to comment
and otherwise make his or her concerns heard,
and any recourse if small businesses concerns are not
being considered.

• A new regulatory agency staffer trying to learn
about the process needs to know four things: the
requirements of the regulatory flexibility law, how to
comply with the law, where to go for assistance, and
what rulemaking resources are available.

This dual approach was fruitful in identifying and
providing information on practices themselves and
experience with the responsiveness of the system.

This report was peer-reviewed consistent with
Advocacy’s data quality guidelines. More information
on this process can be obtained by contacting the
director of economic research at advocacy@sba.gov
or (202) 205-6533.

Additional Information

This report is available on the Office of Advocacy’s
website at www.sba.gov/advocacy/7540. To receive
email notices of new Advocacy research, news
releases, regulatory communications, publications,
and the latest issue of The Small Business Advocate
newsletter, visit www.sba.gov/updates and subscribe
to the Small Business Regulation Research
Listservs.

1. 5 USC § 602.

2. Pub. L.104-121, Title II, 110 Stat. 857 (1996) (codified in
various sections of 5 U.S.C. § 601 et seq.)

3. The 50 state regulatory systems vary considerably. Some are
at the forefront of regulatory policymaking; for instance the California
Air Resource Board (CARB) leads federal efforts. Others
are not fully immersed in the regulatory rigors.

4. Management Research and Planning Corporation, Analysis
of State Efforts to Mitigate Regulatory Burden on Small Businesses.
U.S. Small Business Administration, Office of Advocacy,
2002. http://archive.sba.gov/advo/research/rs219tot.pdf.

This document is a summary of the report identified above,
developed under contract for the Small Business Administration,
Office of Advocacy. As stated in the report, the final conclusions
of the full report do not necessarily reflect the views of the Office of
Advocacy. This summary may contain additional information, analysis,
and policy recommendations from the Office of Advocacy.

Article source: http://www.sba.gov/content/research-state-regulatory-flexibility-acts

WHD News Release: [05/20/2013]
Contact Name: Joanna Hawkins or Leni Fortson
Phone Number: (215) 861-5101 or x5102
Email: Hawkins.Joanna@dol.gov or uddyback-fortson.lenore@dol.gov
Release Number: 13-0753-PHI

Putnam County Board of Education agrees to organization-wide FMLA compliance, resolving US Labor Department lawsuit

Consent judgment also includes order to pay $50,000 in lost wages to former employee

WINFIELD, W.Va. — The U.S. District Court for the Southern District of West Virginia has approved a consent judgment ordering the Putnam County Board of Education in Winfield to pay $50,000 in back wages to a former employee to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the Family and Medical Leave Act. The judgment also orders the defendants to implement several specific measures to ensure future compliance with the FMLA.

The department filed suit following an investigation by its Wage and Hour Division that found the school board unlawfully had terminated the employee, who worked as a maintenance electrician, when he asked to take time off to care for a parent with a serious health condition. Investigators found that the school board retaliated against the employee for requesting leave that was FMLA-protected when it first attempted to force him to resign and then ultimately terminated his employment. The school board had failed to provide the employee with any of the required FMLA notices about his rights under the law. This failure prevented him from asserting his FMLA rights and hindered his ability to make an educated decision about requesting leave. Also, the school board did not post any notice of employees’ rights under the FMLA in conspicuous places as required by law and failed to include adequate information notifying all employees of FMLA leave protections in its employee handbook.

“Today’s judgment provides peace of mind for Putnam County Board of Education employees and their families who rely on the FMLA’s critical workplace flexibility protections,” said Mary Beth Maxwell, acting deputy administrator of the Wage and Hour Division. “This case demonstrates the Labor Department’s commitment to ensuring that employees are not retaliated against or prevented from exercising their FMLA rights. The school board has agreed to some significant compliance assurance measures. We encourage other employers to adopt similar proactive approaches to educating their workforces about the FMLA and ensuring sustained compliance with the law.”

Pursuant to the court-approved consent judgment, the school board has agreed to implement a number of measures in order to prevent future violations of the FMLA. These measures include designating (a) manager(s) who will be responsible for ensuring proper administration of the FMLA; posting the official FMLA poster in conspicuous places so employees in all schools within the Putnam County Board of Education system can see it; training managers and supervisors on FMLA rules and requirements, and providing the Labor Department with notice of completion of all such trainings; and providing all personnel a written FMLA handbook explaining the employer’s and employees’ rights and responsibilities under the act.

Additionally, the school board must review all denied requests for employee leave for the 2012-2013 school year to ensure that it did not interfere with, restrain or deny the exercise of any right provided under the FMLA, and remedy any FMLA-related errors found to include restoring any affected employee to the leave, pay and employment position he or she would have occupied had the FMLA-related error not occurred. The school board must conduct a similar review and provide all appropriate remedies to any current or former employees who allege within the next six months that they were not afforded their rights under the FMLA at any time during the two-year period prior to the consent judgment.

The FMLA allows eligible employees to take unpaid leave to bond with a newborn, newly adopted or newly placed child, for their own serious health condition, or to care for a seriously ill child, spouse or parent, without fear of losing their jobs and with continuation of health care coverage under the same terms and conditions as if the employee had not taken leave. FMLA leave may also be taken for specified reasons related to certain military deployments and to care for a covered service member with a serious injury or illness. An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, an FMLA right. Prohibited conduct includes refusal to authorize FMLA leave for an eligible employee.

Current and former employees who worked for the Putnam County Board of Education system and believe that they were denied the exercise of any right provided under FMLA during the past two years should contact the school system at 304-586-0500 or the Wage and Hour Division’s area office in Charleston, W.Va., at 304-347-5206.

The Labor Department’s regional solicitor office in Philadelphia negotiated the resolution of this case.

A copy of the FMLA poster prepared by the department (WH 1420) is available at http://www.dol.gov/whd/regs/compliance/posters/fmla.htm.

For more information on the FMLA or other federal labor laws enforced by the Wage and Hour Division, call the division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Charleston Area Office. Information also is available at http://www.dol.gov/whd/.

Article source: http://www.dol.gov/opa/media/press/whd/WHD20130753.htm

Action:  Advanced Notice of Proposed Rule-making, May 13, 2013, 78 FR 27882, VA-2013-VACO-0004
Docket NameAO63 – Advanced Notice

The Office of Small and Disadvantaged Business Utilization (OSDBU) is currently reviewing its regulations governing the Department of Veterans Affairs (VA) Veteran-Owned Small Business (VOSB) Verification Program. OSDBU intends to improve the regulations to provide greater clarity, to streamline the program, and to encourage more VOSBs to apply for verification. OSDBU seeks comments on how best to approach this undertaking. Although OSDBU identified specific issues, it encourages commenters to discuss any issue related to improving these specific regulations and the program.

Comments are due by July 12, 2013.

• Link to the Advanced notice of Proposed Rule-Making.
• Submit comments to www.regulations.gov
• Advocacy contact: Major Clark or call at 202-205-7150

Article source: http://www.sba.gov/content/department-veterans-affairs-veteran-owned-small-business-verification-program

WHD News Release: [05/14/2013]
Contact Name: Diana Petterson or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Email: Petterson.Diana@dol.gov or Rodriguez.Juan@dol.gov
Release Number: 13-872-DAL

US Labor Department and consulate general of Honduras sign agreement to protect the rights of Honduran national migrant workers

Agreement covers Alabama, Arkansas, Kentucky, Louisiana, Mississippi and Missouri

NUEVA ORLEANS — The U.S. Department of Labor’s Wage and Hour Division and the consulate general of Honduras today in New Orleans signed an agreement of understanding to combine resources and coordinate efforts to inform employers about the laws enforced by the department and to educate Honduran nationals working in Arkansas, Kentucky, Louisiana, Mississippi and Missouri about their rights under United States law.

The signing ceremony took place at the Honduran consulate’s New Orleans office at One Canal Place. As part of the agreement, the division will provide training for consulate staff to ensure they have a working knowledge of statutes enforced by the division, including the requirements of the Fair Labor Standards Act and its child labor provisions, the Migrant and Seasonal Agricultural Worker Protection Act, the field sanitation standards under the Occupational Safety and Health Act, and the temporary nonimmigrant agricultural guest-worker (H-2A) program under the Immigration and Nationality Act.

“This is a tremendous opportunity for us and the Honduran consulate to promote compliance with wage and hour laws,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “Today, through our efforts, workers will be educated on their rights under Wage and Hour laws and be assured that they are fully protected under all its statutes.”

For more information on compliance assistance or labor laws, call the Wage and Hour Division’s New Orleans District Office at 504-589-6171 or its toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/.

• Read this news release en Español.

Article source: http://www.dol.gov/opa/media/press/whd/WHD20130872.htm

WHD News Release: [05/14/2013]
Contact Name: Diana Petterson or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Email: Petterson.Diana@dol.gov or Rodriguez.Juan@dol.gov
Release Number: 13-872-DAL

US Labor Department and consulate general of Honduras sign agreement to protect the rights of Honduran national migrant workers

Agreement covers Alabama, Arkansas, Kentucky, Louisiana, Mississippi and Missouri

NUEVA ORLEANS — The U.S. Department of Labor’s Wage and Hour Division and the consulate general of Honduras today in New Orleans signed an agreement of understanding to combine resources and coordinate efforts to inform employers about the laws enforced by the department and to educate Honduran nationals working in Arkansas, Kentucky, Louisiana, Mississippi and Missouri about their rights under United States law.

The signing ceremony took place at the Honduran consulate’s New Orleans office at One Canal Place. As part of the agreement, the division will provide training for consulate staff to ensure they have a working knowledge of statutes enforced by the division, including the requirements of the Fair Labor Standards Act and its child labor provisions, the Migrant and Seasonal Agricultural Worker Protection Act, the field sanitation standards under the Occupational Safety and Health Act, and the temporary nonimmigrant agricultural guest-worker (H-2A) program under the Immigration and Nationality Act.

“This is a tremendous opportunity for us and the Honduran consulate to promote compliance with wage and hour laws,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “Today, through our efforts, workers will be educated on their rights under Wage and Hour laws and be assured that they are fully protected under all its statutes.”

For more information on compliance assistance or labor laws, call the Wage and Hour Division’s New Orleans District Office at 504-589-6171 or its toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/.

• Read this news release en Español.

Article source: http://www.dol.gov/opa/media/press/whd/WHD20130872.htm

MSHA News Release: [05/16/2013]
Contact Name: Amy Louviere

Phone Number: (202) 693-9423
Email: Louviere.Amy@dol.gov
Release Number: 13-0921-SAN

Temporary reinstatement victory for California miner

Mine owner initially refused to comply with judge’s order

ARLINGTON, Va. — The U.S. Department of Labor’s Mine Safety and Health Administration today announced that a miner fired from his job at a California rare earth minerals operation when he spoke out about unsafe working conditions has been temporarily reinstated. An administrative law judge with the Federal Mine Safety and Health Review Commission issued a decision April 17 requiring the immediate reinstatement of the miner at the Mt. Pass Mine and Mill in Mountain Pass, Calif. Initially, the mine operator, C.R. Meyer and Sons Co., did not comply with the judge’s order.

On April 23, C.R. Meyer and Sons filed a motion to stay the judge’s order and a petition for review of the decision with the commission. On April 24, Labor Department attorneys filed in federal district court an application for a temporary restraining order to enjoin the company from violating the reinstatement order, as well as an opposition with the commission to the company’s motion, and requested an immediate decision on the operator’s motion for stay. On April 26, after the commission denied its motion to stay, the mine operator agreed to reinstate the miner to his job as a foreman retroactive to the date of the reinstatement order. On May 10, the commission remanded the case for the administrative law judge to consider evidence he had excluded in the temporary reinstatement hearing but reiterated in its opinion that “the miner remains reinstated under the terms of the judge’s original decision.”

The miner, who spoke out about various safety issues at the mine, had refused to work on a sodium carbonate tank until the operator provided him with a material safety data sheet so he would know what to do in the event of overexposure. The miner also wanted to know what type of personal protective equipment to use when handling the chemical substance. In addition, he refused to tie off on a vertical scaffolding pole for protection from falling rather than on a designated tie-off point, as required by MSHA, and made those complaints directly to management. The following day, he was terminated. Mine management told the miner he was laid off for “standing around” on different projects.

Section 105(c) of the Federal Mine Safety and Health Act of 1977 protects miners, their representatives and applicants for employment from retaliation for engaging in safety and/or health-related activities such as identifying hazards, asking for MSHA inspections or refusing to engage in an unsafe act.

“MSHA urges miners to exercise their rights, and actively participate in monitoring safety and health conditions,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Operators need to comply with temporary reinstatement orders while the legal process goes forward.”

The miner has been receiving economic reinstatement and returned to full-time work on May 6 as a foreman.

Article source: http://www.dol.gov/opa/media/press/msha/MSHA20130921.htm