[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR104]

[Page 688]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 104_PATTERN OF VIOLATIONS--Table of Contents
 
Sec.  104.3  Pattern criteria.

    (a) The criteria of this section shall be used to identify those 
mines with a potential pattern of violations. These criteria shall be 
applied only after initial screening conducted in accordance with Sec.  
104.2 of this part reveals that the operator may habitually allow the 
recurrence of violations of mandatory safety standards or health 
standards which significantly and substantially contribute to the cause 
and effect of mine safety or health hazards. These criteria are--
    (1) A history of repeated significant and substantial violations of 
a particular standard;
    (2) A history of repeated significant and substantial violations of 
standards related to the same hazard; or
    (3) A history of repeated significant and substantial violations 
caused by unwarrantable failure to comply.
    (b) Only citations and orders issued after October 1, 1990, and that 
have become final shall be used to identify mines with a potential 
pattern of violations under this section.