Mine Safety and Health Specialist (Conference Litigation Representative)

Summary This position serves as a District Conference and Litigation Representative responsible for mediating disputes over alleged mine safety and health violations and acting as in intermediary between MSHA, DOL and outside parties to review and resolve contested cased within the district. This position is inside the bargaining unit. Responsibilities Conducts mine safety and health conferences for the review of issued citations and orders in accordance with procedures contained in Title 30 CFR part 100 in an attempt to mediate and resolve disputes before they are heard in a more formal setting. Examines all the evidence of the case (including the circumstances under which the citations/orders were issued), hears arguments regarding the severity of the violations and/or amount of assessed penalties and considers all relevant information before making a final decision to either sustain, modify, or vacate each citation and/or orders scheduled for discussion. Provides expert technical advice and guidance on MSHA policies and procedures regarding the conference process, and resolves complaints and conflicts which arise in their application and interpretation. Authorized by MSHA and SOL to serve as the MSHA representative at judicial hearings before a Administrative Law Judge (ALJ) of the Federal Mine Safety and Health Review Commission. Coordinates conference information regarding the status of violations under consideration for knowing or willful investigations under Section 110(c) of the Mine Act with the District's SSI/CLR. Reviews requests for conferences submitted by alleged violators who wish to discuss the facts surrounding a citation and/or order issued during an inspection and determining whether or not a conference is warranted. Prepares legal research through document reviews of relevant information about the specific citation or order being contested, including MSHA policy memoranda, manuals and legal decisions detailing rule interpretations and court cases. Prepares pre- and post trial pleadings and discovery, including including pre-hearing orders and post-trial briefs. Prepares and presents a variety of written correspondence, including researching and responding to congressional inquiries and deliberating policy issues having and impact on conference activities. Prepares written reports of inspections and investigations, issuing citations and orders for violations found during examinations. Requirements Conditions of Employment Qualifications The Mine Safety and Health Inspection Series, GS-1822, has basic requirements for positions covered by this standard. Applicants must meet both the basic requirements (IOR) and specialized experience for the specific grade level to qualify. To qualify for this position, your application and resume must clearly show that you possess the experience and/or education requirements as defined below. If qualifying based on experience, be sure these types of examples are evident in your resume. Basic Requirement: One year of specialized experience equivalent to at least the next lower level: Performing mine safety and health inspection, analysis and evaluation of safety aspects of mining industry operations and processes; or evaluation, analysis or development of agency programs. Examples of creditable experience include: Direct on-site inspection; special accident investigation; development of mine safety and health standards; data analysis and evaluation of operational mine safety and health programs; special assessments; and development of industry-wide training or safety and health awareness programs. Specialized Experience: For the GS-13 grade level: Applicants must have one year (52 weeks) of specialized experience equivalent to at least the next lower grade level, GS-12, in the Federal Service. Specialized experience is experience that equipped the applicant with the particular knowledge, skills and abilities to perform successfully the duties of the position and that is typically in or related to the position to be filled. Specialized experience must include three of the following: Write technical reports or citations of mine safety and health investigations or inspections Participate in part 100 informal conferences Participate in mining related court cases Conduct investigations of accidents and/or fatalities within a hazardous working environment Facilitate meetings with miners for the purpose of interviewing, disseminating information, or conducting meetings Medical Requirements Applicants and employees must be physically able to perform arduous duties efficiently and without hazard to themselves or others. Medical examination is required for all applicants for positions that involve regular or intermittent performance of inspection, investigation, rescue duties, or duties involving on-site visits. Medical conditions that constitute a hazard to safe and efficient job performance are disqualifying. The presence of medical disorders that would be aggravated by the environmental conditions of these positions and thereby hinder safe and efficient job performance are also disqualifying. Remediable defects and/or curable diseases will not permanently disqualify an applicant for appointment, but may result in the applicant's suspension from the appropriate list of eligibles pending submission of medical evidence or correction of the condition. Uncorrected distant vision must test at least 20/50 Snellen in one eye and 20/70 in the other, correctable with eyeglasses (contact lenses are not acceptable) to at least 20/30 Snellen in one eye and 20/50 in the other. Near vision must be sufficient to read without strain printed material the size of typewritten characters Normal depth perception and field of vision are required, as is the ability to distinguish basic colors. Applicants, with or without the use of a hearing aid, must have no hearing loss in either ear of more than 40 decibels in the 500, 1000, or 2000 Hz ranges. Education There is no educational substitution in lieu of specialized experience at the GS-13 grade level. Additional Information This position is inside the bargaining unit. If the duty location is within the Washington, D.C. metropolitan area, the position will be included in the Local 12, AFGE bargaining unit. If the duty location is outside the Washington, D.C. metropolitan area, the position will be included in the NCFLL bargaining unit. Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services. The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers. As such, the Department is committed to fostering a workplace and workforce that promote equal employment opportunity, reflects the diversity of the people we seek to serve, and models a culture of respect, equity, inclusion, and accessibility where every employee feels heard, supported, and empowered. Refer to these links for more information: GENERAL INFORMATION, REASONABLE ACCOMMODATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION You may not be aware, but in the regulations for agency ethics programs, there are requirements for supervisors. Section 2638.103 of Title 5 of the CFR states: Every supervisor in the executive branch has a heightened personal responsibility for advancing government ethics. It is imperative that supervisors serve as models of ethical behavior for subordinates. Supervisors have a responsibility to help ensure that subordinates are aware of their ethical obligations under the Standards of Conduct and that subordinates know how to contact agency ethics officials. Supervisors are also responsible for working with agency ethics officials to help resolve conflicts of interests and enforce government ethics laws and regulations, including those requiring certain employees to file financial disclosure reports. In addition, supervisors are responsible, when requested, for assisting agency ethics officials in evaluating potential conflicts of interest and identifying positions subject to financial disclosure requirements. Non-Supervisory Financial Disclosure (if applicable): This position is subject to the confidential financial disclosure requirements of the Ethics in Government Act of 1978 (P.L. 95-521). Therefore, if selected, you will be required to complete a Confidential Financial Disclosure Report (OGE Form 450) to determine if a conflict or an appearance of a conflict exists between your financial interest(s) and your prospective position with DOL. This information will be required annually. All MSHA employees and their spouses, and minor children are prohibited by regulation from having any interest, direct or indirect, in any mine or mining company that may be directly affected by the work of MSHA through its investigations, technical research, or other activities. These interests are prohibited under the Department of Labor's Supplemental Standards of Ethical Conduct Regulations at 5 CFR 5201.105. Certain MSHA employees are required to file a financial disclosure report. Based on agency needs, additional positions may be filled using this vacancy.