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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 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
    • Enter an MSHA Mine ID :   (7 Digits - No Dash)   
    If you do not know the Mine ID, please use the Data Retrieval System.
  • 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 violations
  • Press 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 information
  • Press 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
  • 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
    • Some or all of the files available on this page are PDF. For more information on PDF, PDF readers and accessibility issues, please use this link.