Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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www.msha.gov |  |
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Categories of Civil Penalties
A single penalty of $60 may be imposed where the violation is not likely to result in a serious injury or illness [non-S&S (significant and substantial)], the operator corrects the violation within the time set by the inspector, and the violation occurs at a mine that does not have an excessive history of violations. If the violation is not abated within the time set by the inspector or occurs at a mine with excessive history, the violation will not be eligible for the $60 single penalty and will be processed following either regular or special assessment procedures. Regular assessments are derived from a formula using specific regulatory criteria (located in 30 CFR 100). These criteria are: (1) the appropriateness of the penalty to the size of the business of the operator; (2) the operator's history of previous violations; (3) whether the operator was negligent; (4) the gravity of the violation; (5) the demonstrated good faith of the operator in attempting to achieve rapid compliance after notification of a violation; and (6) the effect of the penalty on the operator's ability to continue in business. Penalty points are assigned for each criterion, totaled, and converted to a dollar amount using a penalty conversion table. Regular assessments start at $72. The Agency may waive regular or single penalty assessments and impose a special assessment when it determines that conditions warrant a higher penalty. Special assessments (which are higher than regular assessments) are imposed for more serious violations such as those involving death or serious injury, the operator's unwarrantable failure to comply, imminent danger situations, or other special circumstances. Special assessments are individually determined by a staff of specialists who apply the same criteria listed above to determine an appropriate penalty. The maximum civil penalty for regular and special assessments is $60,000 per violation. |
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Mine Safety and Health Administration (MSHA) 1100 Wilson Boulevard, 21st Floor Arlington, VA 22209-3939 |
Phone:
(202) 693-9400 Fax-on-demand: (202) 693-9401 Technical (web) questions: Webmaster On-line Filing Help: MSHAhelpdesk@dol.gov or call (877) 778-6055 Contact Us | |
