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March 18, 2008

MEMORANDUM FOR ALFRED BROOKS

    EDWARD P. CLAIR

    JEFFREY A. DUNCAN

                                        GEORGE M. FESAK

                                        FELIX QUINTANA

                                        MARK E. SKILES

                                        KEVIN STRICKLIN

 

FROM:                            RICHARD E. STICKLER

                                        Acting Assistant Secretary for

                                        Mine Safety and Health

 

SUBJECT:                     Process for Determining Chargeability of

                                        Fatal Accidents

 

 

Attached is a Fatal Injury Guideline Matrix that will be applied when making chargeability determinations after fatal accidents.  The District Manager is initially responsible for determining whether a death is to be counted as a reportable death in MSHA’s official statistics.  All decisions by the District Manager are to be reviewed by the Administrator.

 

When the evidence documented does not conclusively show that the death is chargeable, the Administrator will request that MSHA’s Fatality Review Committee provide their review and decision. 

 

The Fatality Review Committee has five members:

 

a. Committee Chair:  Director or Deputy Director, PEIR

b. Director or Deputy Director, Technical Support

c. Director or Deputy Director, Educational Policy and Development

d. Associate or Deputy Associate Solicitor for MSHA

e. Medical Director, Department of Labor, Employment Standards
    Administration, Office of Workers' Compensation Programs

 

The decision made by the Fatality Review Committee should be unanimous and will be final.  The decision of the committee will be provided to the Assistant Secretary, Deputy Assistant Secretaries and the Administrator. 

 

 

 

    Attachment (Fatal Injury Guideline Matrix)