the last sentence the following: If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents, and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration. . 104. Additional amendments relating to inspections and investigations (a) Hours of inspections Section 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts. . (b) Review of pattern of violations Section 103(a) ( 30 U.S.C. 813(a) ), as so amended, is further amended by inserting before the last sentence the following: Upon request by an operator or authorized representative of such operator, during the course of the inspections required to carry out the requirements of clauses (3) and (4) or (at the discretion of the Secretary) during the pre-inspection conference, the Secretary shall review with the appropriate mine officials the Secretary’s most recent determination regarding