Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/619545
41 AGGREGATES MANAGER | January 2016 keep in mind, the actual discrimination proceeding does not get scheduled immediately, leaving a mine operator to pay for temporary reinstatement until a settlement or a final adjudication occurs. Discrimination claims are likely to be challenging for an operator and may involve not only the safety department, but also human resources and any other organizational functions responsible for employment and personnel mat- ters. Alleged discriminatory acts include quite common be- havior on an employer's part such as discharge or termina- tion, reduction in workforce decisions (layoffs), demotions or transfer of job duties, reduction in benefits (including health care, bonuses, availability of overtime pay, vacation, etc.), and investigations of reports of unsafe conditions which can be construed incorrectly as interference with a miner's ability to make safety complaints or otherwise exercise his or her rights under the Act. With current market conditions, many operators are faced with making some tough, but necessary, employment decisions based purely on economic reasons. Yet, an employer runs the risk of defending an alleged discrimination proceeding under the Mine Act based on these extensive § 105(c) protec- tions. So what can a mine operator do to avoid these claims? The exposure to these liabilities cannot be completely eliminated, but being mindful of what is involved with § 105(c) claims will certainly help. Training is a key way to provide your supervisors and managers with the necessary information about what constitutes protected activity and how to properly address miners who make a safety complaint or exercise work refusal. It is a good practice to have a policy in place so the entire workforce knows how to report and address safety concerns. An employer should also inform its miners that they are encouraged to report hazardous conditions and they will be supported when doing so. It goes without say- ing that appropriate documentation at all levels should be maintained. A majority of cases that end up in liti- gation occur because a miner who may have reported a safety condition also engaged in conduct warranting dis- cipline or discharge. Adverse action is necessary in certain circumstances, and, where the record is lacking, it may appear that an operator was simply punishing the miner for addressing a safety concern. Without the appropriate evidence to support its decision, a mine operator may ap- pear to be discriminating against that miner when that is the farthest from the truth. Again, with the appropriate training and policies in place, many of these situations can be avoided altogether or, at the very least, adequately de- fended. It is important that everyone within the organiza- tion know what to expect when a safety complaint is made. Even with all these precautions in place, a claim for dis- crimination may still be filed. If you are faced with defend- ing a claim for discrimination under § 105(c), you should consult an attorney as quickly as possible. The earlier in the process that legal counsel becomes involved, the better the chance for a positive outcome. AM B E K A - L U B R I C A T I O N S P E C I A L I S T S S I N C E 1 9 2 7 1 . 8 8 8 . 8 6 2 . 7 4 6 1 w w w. b e k a - l u b e . c o m Beka-Max auto-lube is built to take the bumps and grinds of a hard-working life on the road or off. Give your fleet the solution that keeps them on the job. • Cast aluminum base withstands impacts and hot/cold cycles without leaking • No springs - eccentric gear drive resists wear, fatigue and cold • Consistently precise grease dosing Find out why industries are choosing today's best-built auto-lube systems. Call 1.888.862.7461 or email us at info@beka-lube.com. 1 . 8 8 8 . 8 6 2 . 7 4 6 1 Cast aluminum base withstands impacts No springs - eccentric gear drive resists BEKA-MAX SYSTEMS TAKE A THUMPIN' & KEEP ON PUMPIN' Untitled-6 1 12/9/15 8:37 AM