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Pattern of Violations Single Source Page
A mine operator that has a potential pattern of recurrent S&S violations at a mine will receive written notification from MSHA. An S&S violation is one that could reasonably be expected to lead to a serious injury or illness. The operator will have an opportunity to review and comment on the documents upon which the potential pattern of violations is based, and develop a written corrective action plan to reduce S&S, failure to abate, imminent dangers and unwarrantable failure violations in order to be removed from the potential pattern. MSHA will closely monitor the affected mine's compliance record during the ensuing 90 days. If the operator significantly reduces its violation frequency rate, it can avoid being issued a Notice of a Pattern of Violations pursuant to Section 104(e) of the Federal Mine Safety and Health Act of 1977. If the improvement falls short of the criteria, MSHA will issue the notice. For each S&S violation subsequently found, MSHA will issue an order withdrawing miners from the affected area until the cited condition has been corrected. An operator can be removed from a pattern of violations when 1) an inspection of the entire mine is completed and no S&S violations are found or 2) no withdrawal order is issued by MSHA in accordance with Section 104(e)(1) of the Mine Act within 90 days of the issuance of the pattern notice. Resources
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