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MSHA Enforcement Tools

MSHA Enforcement Tools. E.9. Contributed by: Randy Tatton, CMSP Interwest Mining Company. MINE SAFETY AND HEALTH ADMINISTRATION. “Enforcement Tools”. TEST MSHA Enforcement Tools. 1. How much is the fine for a “Non- Significant and Substantial” violation?

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MSHA Enforcement Tools

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  1. MSHA Enforcement Tools E.9 Contributed by: Randy Tatton, CMSP Interwest Mining Company

  2. MINE SAFETY AND HEALTH ADMINISTRATION “Enforcement Tools”

  3. TESTMSHA Enforcement Tools 1. How much is the fine for a “Non- Significant 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?

  4. TESTMSHA 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?

  5. TESTMSHA 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?

  6. TESTMSHA 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?

  7. MSHA’s ENFORCEMENT TOOLSCitations 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 mines.

  8. 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.

  9. DEFINITION: “Unwarrantable Failure” Defined by the Commission as: “Aggravated conduct consisting of more than ordinary negligence”

  10. 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”

  11. 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”

  12. MSHA’s ENFORCEMENT TOOLSOrders 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.

  13. MSHA’s ENFORCEMENT TOOLSOrders 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.

  14. MSHA’s ENFORCEMENT TOOLSOrders 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.

  15. MSHA’s ENFORCEMENT TOOLSOrders 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) - Order - imminent danger.

  16. MSHA’s ENFORCEMENT TOOLSOrders 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.

  17. TESTMSHA Enforcement Tools 1. How much is the fine for a “Non- Significant 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?

  18. TESTMSHA 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?

  19. TESTMSHA 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?

  20. TESTMSHA 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?

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