skip navigational links http://www.dol.gov www.msha.gov United States Department of Labor
A to Z Index | Find It! in DOL |            [skip navigational links]     Search MSHA's Website   Search MSHA
 
Printer Friendly Version
U.S. Department of Labor


Mine Safety and Health Administration
1100 Wilson Boulevard
Arlington, Virginia 22209-3939





ISSUE DATE: January 11, 2008

PROGRAM INFORMATION BULLETIN NO. P08-02

FROM:           GEORGE M. FESAK  GEORGE M. FESAK
                       Director, Program Evaluation and
                       Information Resources

                      KEVIN G. STRICKLIN   KEVIN G. STRICKLIN
                       Administrator for
                       Coal Mine Safety and Health

                      FELIX A. QUINTANA  FELIX A. QUINTANA
                       Administrator for
                       Metal and Nonmetal Mine Safety and Health

SUBJECT:     Reporting Deaths on Mine Property

Scope
This program information bulletin (PIB) applies to mine operators, independent contractors, Mine Safety and Health Administration (MSHA) personnel, and other interested persons.

Purpose
This PIB clarifies the responsibility of mine operators and contractors to report all deaths that occur on mine property, including suicides, homicides, and deaths involving trespassers, customers, or visitors.

Information
Section 30 CFR 50.10, Immediate Notification, requires the operator to contact MSHA at once, without delay, and within 15 minutes at the toll-free number, 1-800-746-1553, once the operator knows or should know that an accident has occurred. Section 30 CFR 50.2 (h) (1), Definitions, defines "accident" to include a death of an individual at a mine. In addition to immediately contacting MSHA, operators are required to submit a Mine Accident, Injury, and Illness Report (Form 7000-1) to MSHA within 10 days of the accident. It makes no difference whether the deceased is a mine employee, visitor, trespasser, or customer. MSHA must be immediately notified of any death of an individual at a mine and the death must be reported to MSHA on Form 7000-1 within 10 days.

Background
There have been numerous occasions when operators have not filed the required Mine Accident, Injury, and Illness Report (Form 7000 1) because they believed a death, particularly a death involving a trespasser on mine property, to be non-chargeable and therefore not reportable. This can cause the operator to be in violation of 30 CFR Part 50 reporting requirements.

Authority
Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq., and 30 CFR Part 50.

Internet Availability
This PIB may be viewed by accessing MSHA's home page at (www.msha.gov), choosing "Compliance Info" and "Program Information Bulletins."

Contact Person(s)
Program Evaluation and Information Resources
Kathrine L. Knittel
E-mail: knittel.kathrine@dol.gov.

Distribution
MSHA Program Policy Manual Holders
Mine Operators and Independent Contractors
Mine Safety and Health Administration Personnel
Special Interest Groups




Back to Top   Back to Top www.msha.gov www.dol.gov

Frequently Asked Questions | Freedom of Information Act | Customer Survey
Accessibility | Privacy & Security Statement | Disclaimers

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