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MSHA News Release: [02/11/2003] Contact Name: Amy
Louviere Phone Number: (202) 693-9423
Civil Penalties Rise for Mine Safety and Health
Violations
ARLINGTON, Va.The Mine
Safety and Health Administration (MSHA) has raised civil penalty fines for all
mine safety and health violations by just over 10 percent. The increase,
effective 60 days after publication in the Federal Register, complies
with a Congressional mandate that agencies make periodic inflation adjustments
in their civil penalties.
The law provides MSHA with three major toolsenforcement,
education and training, and technical assistance, said Assistant
Secretary of Labor for Mine Safety and Health Dave D. Lauriski. Civil
penalties are an important aspect of enforcement, which is part of what we call
our Triangle of Success. Using all the tools provided by law, we are working to
make safety a value throughout the mining industry so that we can send every
miner home safe and healthy at the end of every working shift.
Under the Federal Mine Safety and Health Act of 1977, MSHA inspectors
must issue a citation for each violation of a health or safety standard they
encounter. The penalty amount is determined by several factors the law
prescribes, including the size of the mine, severity of the violation, degree
of negligence and good faith to correct the violation.
The single penalty assessment for non-serious violations
that are corrected promptly will rise from $55 to $60, and the existing maximum
daily penalty will rise from $5,500 to $6,500 for failure to correct a
violation within the period permitted. The maximum civil penalty will increase
from $55,000 to $60,000 per violation. Civil penalties for miners who violate
mandatory safety standards relating to the use or carrying of smoking materials
will continue to be assessed at $275.
The rule was published in Federal Register yesterday and may be viewed on MSHAs website
at www.msha.gov.
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