M S H A PART 100 RULING

30 CFR PART 100 ASSESSMENT OF CIVIL PENALTIES; FINAL RULE

PROPOSED CIVIL PENALTY THE APPROPRIATE PENALTY TO THE SIZE OF THE MINE OPERATOR OPERATOR’S HISTORY OF PREVIOUS VIOLATIONS OPERATOR’S NEGLIGENCE

PROPOSED CIVIL PENALTY CONT. GRAVITY OF THE VIOLATION DEMONSTRATED GOOD FAITH OF THE OPERATOR THE FINANCIAL EFFECT TO CONTINUE BUSINESS

APPROPRIATE PENALTY TO THE SIZE OF THE OPERATOR CALCULATED BY THE SIZE OF THE MINE CITED AND THE SIZE OF THE MINES CONTROLLING ENTITY SIZE OF METAL/ NONMETAL MINE IS MEASURED BY ANNUAL HOURS WORKED THE CONTROLLING ENTITY HOURS WORKED

OPERATOR’S HISTORY OF PREVIOUS VIOLATIONS BASED ON THE TOTAL NUMBER OF VIOLATIONS AND THE NUMBER OF REPEAT VIOLATIONS IN THE PRECEDING 15 MONTH PERIOD. ONLY FINALIZED VIOLATIONS ARE CONSIDERED. REPEAT ASPECT APPLIES AFTER THE OPERATOR HAS RECEIVED 10 VIOLATIONS AND MORE THAN SIX OF THE SAME CITABLE PROVISION OF THE STANDARD.

OPERATOR’S HISTORY OF PREVIOUS VIOLATIONS CONT HISTORY OF VIOLATIONS ARE BASED ON THE NUMBER OF VIOLATIONS PER INSPECTION DAYS. REPEAT VIOLATION PER INSPECTION DAY(RPID) ARE BASED ON THE NUMBER OF INSPECTION DAYS DURING WHICH THE REPEAT VIOLATIONS WERE CITED.

OPERATOR’S HISTORY OF PREVIOUS VIOLATIONS CONT VIOLATIONS PER INSPECTION DAY ( VPID ) IS CALCULATED BY TAKING THE TOTAL NUMBER OF VIOLATIONS AT A MINE THAT HAVE EITHER BEEN PAID OR BECOME A FINAL ORDER AND DIVIDING IT BY THE TOTAL NUMBER OF INSPECTION DAYS AT THE MINE DURING THE SAME SPECIFIED PERIOD. MSHA CURRENTLY CALCULATES INSPECTION DAY BY COUNTING ONE INSPECTION DAY FOR EACH AR THAT SPENDS ANY ONSITE INSPECTION TIME DURING ANY CALENDAR DAY.

OPERATOR’S NEGLIGENCE NEGLIGENCE- CONDUCT EITHER BY COMMISSION OR BY OMISSION WHICH FALLS BELOW A STANDARD OF CARE ESTABLISHED UNDER THE MINE ACT TO PROTECT MINERS AGAINST RISK OF HARM. OPERATOR REQUIRED TO BE ON THE ALERT FOR CONDITIONS AND PRACTICES AT THE MINE.

OPERATOR’S NEGLIGENCE CONT. THAT HE TAKE THE NECESSARY STEPS TO CORRECT OR PREVENT HAZARDOUS CONDITIONS OR PRACTICES. THE FAILURE TO EXERCISE A HIGH STANDARD OF CARE CONSTITUTES NEGLIGENCE.

OPERATOR’S NEGLIGENCE CONT. Reckless Disregard Prior knowledge of an unsafe condition Supervisor tolerance of unsafe acts (shortcuts) $220,000 ceiling on fines Criminal charges may be against company representatives

GRAVITY OF THE VIOLATION GRAVITY IS AN EVALUATION OF THE SERIOUSNESS OF THE VIOLATION. GRAVITY IS DETERMINED BY THE LIKELIHOOD OF THE OCCURRENCE OF THE EVENT AND……. THE SEVERITY OF THE ILLNESS OR INJURY IF THE EVENT WERE TO OCCUR AND…… NUMBER OF PERSONS POTENTIALLY AFFECTED.

GOOD FAITH OF THE OPERATOR 10% REDUCTION IN ASSESSMENT WHERE THE OPERATOR ABATES THE VIOLATION WITHIN THE TIME SET BY THE INSPECTOR.

FINANCIAL EFFECT TO OPERATOR MSHA PRESUMES THAT THE OPERATORS ABILITY TO CONTINUE IN BUSINESS WILL NOT BE AFFECTED BY THE PENALTY. THE OPERATOR MAY SUBMIT INFORMATION TO THE DISTRICT MANAGER CONCERNING FINANCIAL STATUS OF THE BUSINESS. IF THE INFORMATION PROVIDED INDICATES ADVERSE EFFECT TO THE OPERATORS ABILITY TO CONTINUE IN BUSINESS, THE PENALTY MAY BE REDUCED.

NOTIFICATION OF SERIOUS ACCIDENT TIMELY NOTIFICATION = I5 MINUTES DEATH OF AN INDIVIDUAL AT A MINE INJURY WHICH HAS A REASONABLE POTENTIAL TO CAUSE DEATH ENTRAPMENT OF AN INDIVIDUAL AT A MINE WHICH HAS A REASONABLE POTENTIAL TO CAUSE DEATH

NOTIFICATION OF SERIOUS ACCIDENT CONT. Unplanned inundation of a mine by a liquid or gas Unplanned ignition or explosion of gas dust Unplanned fire not extinguished within 30 minutes Unplanned ignition or explosion of a blasting agent

NOTIFICATION OF SERIOUS ACCIDENT CONT Roof fall (UG) Rock outburst that causes withdrawal of miners or disrupts regular mining activity for more than one hour Unstable condition at an impoundment which requires emergency action in order to prevent failure or causes individuals to evacuate

NOTIFICATION OF SERIOUS ACCIDENT CONT Damage to hoisting equipment which endangers an individual or interferes with the use of the equipment for more than 30 minutes Event at the mine which causes death or bodily injury to an individual at a later date $60,000 fine for failure to notify

CONFERENCING CITATIONS ALL PARTIES SHALL BE AFFORDED THE OPPORTUNITY TO REVIEW EACH CITATION IN ORDER ISSUED DURING AN INSPECTION. AFTER NOTIFICATION OF VIOLATION PARTIES WILL HAVE 10 DAYS IN WHICH TO REQUEST A SAFETY AND HEALTH CONFERENCE. MUST BE IN WRITING. MUST INCLUDE A BRIEF STATEMENT WHY EACH CITATION OR ORDER SHOULD BE CONFERENCED.

CONTESTING CITATIONS FILED WITHIN 30 DAYS OF CITATION MUST BE FILED IN WRITING MUST INCLUDE A DETAILED STATEMENT WHY EACH CITATION OR ORDER SHOULD BE CONTESTED

NOTICE OF PROPOSED PENALTY 30 DAYS TO EITHER PAY PENALTY OR NOTIFY MSHA OF INTENTION TO CONTEST THE PROPOSED PENALTY. IF THE PENALTY IS NOT PAID OR CONTESTED WITHIN 30 DAYS OF RECEIPT, IT BECOMES FINAL AND IS NOT SUBJECT TO REVIEW BY ANY COURT OR AGENCY.