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Editorial Note: Based on FedReg. Doc. 2013-01250, this section has changed. The changes
are in bold italic. The effective date is March 25, 2013.
Both versions will remain until the next publication of the 30 CFR.
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30 CFR § 104.2
Initial screening.
At least once each year, MSHA shall review the compliance records of mines.
MSHA's review shall include an examination of the following:
(a) The mine's history of--
(1) Significant and substantial violations;
(2) Section 104(b) of the Act closure orders resulting
from significant and substantial violations; and
(3) Section 107(a) of the Act imminent danger orders.
(b) In addition to the compliance records listed in paragraph (a) of
this section, the following shall also be considered as part of the initial
screening:
(1) Enforcement measures, other than section 104(e) of the
Act, which have been applied at the mine.
(2) Evidence of the mine operator's lack of good faith in
correcting the problem that results in repeated S&S violations.
(3) An accident, injury, or illness record that
demonstrates a serious safety or health management problem at the mine.
(4) Any mitigating circumstances.
(c) Only citations and orders issued after October 1, 1990, shall be
considered as part of the initial screening.
For more information: See Pattern of Violations Screening Criteria
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Sec. 104.2
Pattern criteria.
(a) At least once each year, MSHA will review the compliance and
accident, injury, and illness records of mines to determine if any
mines meet the pattern of violations criteria. MSHA's review to
identify mines with a pattern of S&S violations will include:
(1) Citations for S&S violations;
(2) Orders under section 104(b) of the Mine Act for not abating S&S
violations;
(3) Citations and withdrawal orders under section 104(d) of the
Mine Act, resulting from the mine operator's unwarrantable failure to
comply;
(4) Imminent danger orders under section 107(a) of the Mine Act;
(5) Orders under section 104(g) of the Mine Act requiring
withdrawal of miners who have not received training and who MSHA
declares to be a hazard to themselves and others;
(6) Enforcement measures, other than section 104(e) of the Mine
Act, that have been applied at the mine;
(7) Other information that demonstrates a serious safety or health
management problem at the mine, such as accident, injury, and illness
records; and
(8) Mitigating circumstances.
(b) MSHA will post the specific pattern criteria on its Web site.