MSHA Enforcement Tools
Contributed by: Randy Tatton, CMSP
Interwest Mining Company
E.9
MINE SAFETY AND HEALTH
ADMINISTRATION
“Enforcement Tools”
TEST
MSHA Enforcement Tools
1.
How much is the fine for a “NonSignificant and Substantial”
violation?
2.
What is the criteria for the issuance of
an “Unwarrantable Failure” violation?
3.
How much time is allowed for the
abatement of a “Significant and
Substantial” violation?
TEST
MSHA Enforcement Tools
4.
How does a mining company get into the
“Unwarrantable Failure” chain, and
subsequently how does that company
get off the chain?
5.
How much is the fine for a “Significant
and Substantial” violation?
6.
What is a 104(b) withdrawal order and
what constitutes this enforcement
action?
TEST
MSHA Enforcement Tools
7.
How long does a company have to
request a conference of a MSHA
violation or withdrawal order?
8.
How much is the fine for a 107(a)
withdrawal order?
9.
What is a 107(a) withdrawal
order?
TEST
MSHA Enforcement Tools
10. What is the significance of the
“Negligence” finding on a MSHA
violation or withdrawal order?
11. What is a 103(k) withdrawal order and in
what situations is this enforcement
action taken?
12. Who determines the corrective action
necessary to abate a MSHA violation?
MSHA’s ENFORCEMENT TOOLS
Citations
1.
Section 104(a)- Violation of the Act,
mandatory health or safety standard,
rule, order or regulation.
2.
Section 104(d)(1) - Unwarrantable
failure - could significantly and
substantially contribute to a health or
safety hazard.
3.
Section 104(f) - Citation - exceeding
respirable dust standard at underground
DEFINITION: “Significant and
Substantial” Violation
Based on the particular facts
surrounding a violation, there
exists a reasonable likelihood that
the hazard contributed to will
result in an injury or illness of a
reasonably serious nature.
DEFINITION: “Unwarrantable
Failure”
Defined by the Commission as:
“Aggravated conduct consisting of
more than ordinary negligence”
Characterized by Conduct
Such as:
1. “Reckless disregard for the law”
2. “Intentional misconduct”
3. “Indifference to the law”
4. “Serious lack of reasonable care”
Consequences of
“Unwarrantable Failure”
1.
Very high monitary penalty
2.
Start of the “Unwarrantable chain of
withdrawal orders”
3.
Special Investigation
4.
If “significant and substantial” may
lead to “Pattern of Violations”
MSHA’s ENFORCEMENT TOOLS
Orders of Withdrawal
1.
Section 104(b)
- Failure to abate a
104(a) or (d)(1) violation in the time
period given.
2.
Section 104(d)(1) - Unwarrantable
failure violation - subsequent to 104(a)(1)
citation during same inspection or within
90 days after issuance of 104(d)(1)
citation.
MSHA’s ENFORCEMENT TOOLS
Orders of Withdrawal
3.
Section 104(d)(2)- Unwarrantable failure
violation - subsequent to issuance to 104(d)(1)
order - subsequent inspection - no intervening
inspection of the mine in its entirety, which has
disclosed no further unwarrantable failure
violation.
4.
Section 104(e)(1)- Pattern of violations
order - within 90 days after 104(e)(1) pattern
notification violation that could significantly
andsubstantially contribute to a health or
safety hazard.
MSHA’s ENFORCEMENT TOOLS
Orders of Withdrawal
5.
Section 104(e)(2) - Pattern of violations
order - violation that could significantly
and substantially contribute to a health
or safety hazard - subsequent to
issuance of 104(e)(1) order - subsequent
inspection - no intervening inspection of
mine in its entirety which has disclosed
no further such violations.
MSHA’s ENFORCEMENT TOOLS
Orders of Withdrawal
6.
Section 104(f) - Order - failure to comply
with respirable dust standard by the end
of time given in 104(f) citation at
underground mines.
7.
Section 104(g)(1) - Order - untrained
miners.
8.
Section 107(a)
danger.
- Order - imminent
MSHA’s ENFORCEMENT TOOLS
Orders of Withdrawal
9.
Section 103(j) - Order - to supervise and
direct rescue and recovery work
following an accident.
10. Section 103(k) - Order - ensures safety of
persons following an accident and
requires approval of recovery plan.
TEST
MSHA Enforcement Tools
1.
How much is the fine for a “NonSignificant and Substantial”
violation?
2.
What is the criteria for the issuance of
an “Unwarrantable Failure” violation?
3.
How much time is allowed for the
abatement of a “Significant and
Substantial” violation?
TEST
MSHA Enforcement Tools
4.
How does a mining company get into the
“Unwarrantable Failure” chain, and
subsequently how does that company
get off the chain?
5.
How much is the fine for a “Significant
and Substantial” violation?
6.
What is a 104(b) withdrawal order and
what constitutes this enforcement
action?
TEST
MSHA Enforcement Tools
7.
How long does a company have to
request a conference of a MSHA
violation or withdrawal order?
8.
How much is the fine for a 107(a)
withdrawal order?
9.
What is a 107(a) withdrawal
order?
TEST
MSHA Enforcement Tools
10. What is the significance of the
“Negligence” finding on a MSHA
violation or withdrawal order?
11. What is a 103(k) withdrawal order and in
what situations is this enforcement
action taken?
12. Who determines the corrective action
necessary to abate a MSHA violation?