Underground coal miner employment standard for mines placed in pattern of violations status

Title I (30 U.S.C. 811 et seq.) is further amended by adding at the end the following: 117. Underground coal miner employment standard for mines placed in pattern of violations status (a) In general For the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under this Act, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action A miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies For a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay, compensatory damages, and injunctive relief. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited The right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement..