U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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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 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) |
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