In 2013, MSHA revised its pattern of violations (POV) regulation in 30 CFR Part 104 to improve the Agency’s effectiveness in implementing its POV authority and to allow MSHA to timely focus on mine operators who have demonstrated a disregard for the health and safety of miners through a recurring pattern of significant and substantial (S&S) violations at their mines.
Congress originally included the POV provision in the Mine Act so that mine operators would manage health and safety conditions at mines and find and fix the root causes of S&S violations, protecting the health and safety of miners. The 2013 revision simplifies the existing POV criteria, improves consistency in applying the POV criteria, and more effectively achieves the Mine Act’s statutory intent. It also encourages chronic safety violators to comply with the Mine Act and MSHA’s health and safety standards.
A mine operator that has a pattern of S&S violations at a mine will receive written notice from MSHA. For each subsequent S&S violation, MSHA will issue an order withdrawing miners from the affected area until the cited condition has been corrected. MSHA will terminate an operator’s POV notice 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.
Mine operators can determine whether they may be subject to a POV notice by using MSHA’s Pattern of Violations Monitoring Tool. It is the responsibility of mine operators to track their violation and injury histories to determine whether they need to take action to avoid triggering a POV notice. Operators who are at risk of receiving a POV notice are encouraged to implement a corrective action program to reduce S&S violations. More information about corrective action programs can be found in MSHA’s Pattern of Violations Procedures Summary.
Tools for You
Monthly Monitoring Tool for Pattern of Violations
S&S Rate Calculator The S&S Rate Calculator is a tool for mine operators that implement a Corrective Action Program (CAP) with goals for reductions in a mine’s rate of Significant and Substantial (S&S) violations to determine if a mine is meeting its goals.
The data for this application is refreshed daily.
S&S Citations/Orders per 100 Inspection Hours - 12-month Period 01-Jan-2016 through 31-Dec-2016
| Primary Mine Type/Classification | Top 35 Percentile Goal | Top 50 Percentile Goal | National Rate |
|---|---|---|---|
| Facility Coal | 1.08 | 1.59 | 2.43 |
| Surface Coal | 1.20 | 1.69 | 2.49 |
| Underground Coal | 1.27 | 1.73 | 2.12 |
| Facility Metal/NonMetal | 4.06 | 5.42 | 7.03 |
| Surface Metal/NonMetal | 5.44 | 7.40 | 10.37 |
| Underground Metal/NonMetal | 1.99 | 2.60 | 3.21 |
Resources
Pattern of Violations Screening Criteria - 2014
Pattern of Violations (POV) Procedures Summary - 2013
30 CFR Part 104 - Pattern Of Violations
PIB No P16-01 Corrective Action Programs
Final Rule (published January 23, 2013)
A final rule on Pattern of Violations was published January 23, 2013, and became effective March 25, 2013. This link below is for that final rule.
Pattern of Violations; Final Rule (Published January 23, 2013)
Fact Sheet
Press Release
Media Information
- List of all mines that have received POV or PPOV notices
- 2014 Pattern of Violation Notices Press Release
- POV Notice to Revenue Mine Cover letter
- Alcoa POV Postpone Notice
- Clark No. 1 Postpone POV Notice
MSHA issues fourth POV notice under revised rule
Fork Creek No. 1 Mine failed to report 239 days of lost-time injuriesLetterCoal River Mining LLC - Fork Creek No. 1 Mine MSHA issues first POV notices under new rule
1 mine in Kentucky and 2 mines in West Virginia receive noticesLettersBrody Mining, LLC - Mine No. 1 Pocahontas Coal, LLC - Affinity Mine Tram Energy, LLC - Mine #1
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