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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 § 104.4
Issuance of notice.
(a) When a potential pattern of violations is identified, the
District Manager shall notify the mine operator in writing. A copy of the
notification shall be provided to the representative of miners at the mine.
The notification shall specify the basis for identifying the mine as having
a potential pattern of violations and give the mine operator a reasonable
opportunity, not to exceed 20 days from the date of notification, to take
the following steps:
(1) Review all documents upon which the pattern of
violations evaluation is based.
(2) Provide additional information.
(3) Submit a written request for a conference with the
District Manager. The District Manager shall hold any such conference within
10 days of a request. The representative of miners at the mine shall be
provided an opportunity to participate in the conference.
(4) Institute a program to avoid repeated significant and
substantial violations at the mine. The District Manager may allow an
additional period, not to exceed 90 days, for determining whether the program
effectively reduces the occurrence of significant and substantial violations
at the mine. The representative of miners shall be provided an opportunity to
discuss the program with the District Manager.
(b) If the District Manager continues to believe that a potential
pattern of violations exists at the mine, a report of the evaluation made
under this part shall be sent to the appropriate MSHA Administrator. This
report shall be submitted no more than 120 days from the notification to the
operator and miners' representative under paragraph (a) of this section.
Alternatively, in cases where no program to reduce S&S violations has been
implemented at the mine, the report shall be submitted no more than 60 days
from such notification. A copy of the report shall be provided to the mine
operator and the miners' representative 10 days before the report is sent to
the Administrator. Both parties will have 10 days from receipt of the report
to submit written comments to the Administrator.
(c) Within 30 days of receipt of a report from a District Manager,
the Administrator shall issue a decision as to whether the mine is to be
issued a notice of a pattern of violations. A copy of the decision shall be
provided to the mine operator and the representative of the miners.
(d) The mine operator shall post all notifications issued under this
part at the mine. A notice of a pattern of violations shall remain posted at
the mine until such notice is terminated under §104.5 of this part.
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Sec. 104.4
Termination of notice.
(a) Termination of a section 104(e)(1) pattern of violations notice
shall occur when an MSHA inspection of the entire mine finds no S&S
violations or if MSHA does not issue a withdrawal order in accordance
with section 104(e)(1) of the Mine Act within 90 days after the
issuance of the pattern of violations notice.
(b) The mine operator may request an inspection of the entire mine
or portion of the mine. MSHA will not provide advance notice of the
inspection and will determine the scope of the inspection. Inspections
of portions of the mine, within 90 days, that together cover the entire
mine shall constitute an inspection of the entire mine for the purposes
of this part.
For more information: See MSHA's Program Policy Manual