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 corrective action program to reduce S&S violations. MSHA will closely monitor the affected mine's compliance. If the operator significantly reduces its S&S violation 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 prescribed goals, 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.
Final Rule
A final rule on Pattern of Violations was published January 23, 2013. This link below is for that final rule.
Pattern of Violations; Final Rule (Published January 23, 2013)
Fact Sheet
Press Release
1/17/2013 Conference Call Audio File (.wav)
Resources
Monthly Monitoring Tool for Pattern of Violations
Pattern of Violations Screening Criteria - 2012
Pattern of Violations (POV) Procedures Summary - 2012
30 CFR Part 104 - Pattern Of Violations
FedReg 2011-2255 - Pattern of Violations; Proposed rule; notice of close of comment period. FedReg 2011-7975 - Pattern of Violations; Proposed rule; extension of comment period. FedReg 2011-10788 - Pattern of Violations; Proposed rule; notice of public hearings; notice of re-opening and close of comment period. FedReg 2011-15250 - Pattern of Violations; Proposed rule; notice of public hearing; notice of extension of comment period.
S&S Citations/Orders per 100 Inspection Hours - 12-month Period 01-Jan-2012 through 31-Dec-2012
Primary Mine Type/Classification Top 35 Percentile Goal Top 50 Percentile Goal National Rate Facility Coal 2.31 3.27 4.57 Surface Coal 2.63 3.49 4.58 Underground Coal 2.93 3.75 4.32 Facility Metal/NonMetal 4.80 6.05 8.54 Surface Metal/NonMetal 5.97 8.04 11.86 Underground Metal/NonMetal 2.58 3.37 4.19
Media Information
Listing of all mines to have received PPOV Notices (As of 11/28/2012)
Current Releases -
MSHA issues potential pattern of violations letters to 4 mines
Number of operations with chronic violations declining
Previous Releases -
Press Release (11/30/2011)
MSHA puts 8 mines on notice for potential patterns of violationsPress Release (10/13/2011)
2 West Virginia coal mines formerly owned by Massey Energy receive PPOV notices from MSHA after record-keeping audits reveal unreported accidents
Administrative law judge confirms federal agency's request for audit informationPress Release (08/30/2011)
MSHA audits uncover injury, illness underreporting at Kentucky mine
4th operation to be placed on potential pattern of violations status
Press Release (08/25/2011)
US Labor Department's MSHA issues notices of potential pattern of violations to mines in Tennessee and West Virginia
Second notices issued after backsliding on compliance
Press Release (04/12/2011)
US Labor Department's MSHA places 2 mining operations on pattern of violations status
Unprecedented enforcement action is first in Mine Act history
- Media conference call on POV announcement (4/12/2011)
Press Release (04/06/2011)
US Labor Department's MSHA announces online tool enabling mine operators to self-monitor for POV screening
Press Release (09/28/2010)
MSHA takes steps to overhaul 'broken' pattern of violations program New criteria developed for screening mines
Press Release (09/30/2010)
MSHA announces tougher POV provisions, responds to OIG audit
Press Release (11/19/2010)
MSHA puts 13 mines on notice for potential pattern of violations
Mines represent first group to be identified under agency's new screening criteria
Press Release (12/20/2010)
MSHA audit reveals additional mine's eligibility for potential pattern of violations
Maple Eagle No. 1 Mine in West Virginia had under-reported injuries
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