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New rule on a pattern of violations at a mine.

New rule on a pattern of violations at a mine.

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Published by mmemmott

Federal Mine Safety and Health Administration rule.

Federal Mine Safety and Health Administration rule.

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Published by: mmemmott on Jan 17, 2013
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09/17/2013

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 1Billing Code: 4510.43-P
DEPARTMENT OF LABOR  Mine Safety and Health Administration30 CFR Part 104RIN: 1219-AB73Pattern of Violations AGENCY:
Mine Safety and Health Administration, Labor.
 ACTION:
Final rule.
SUMMARY:
The Mine Safety and Health Administration (MSHA)is revising the Agency’s existing regulation for pattern ofviolations (POV). MSHA has determined that the existingregulation does not adequately achieve the intent of theFederal Mine Safety and Health Act of 1977 (Mine Act) thatthe POV provision be used to address mine operators who havedemonstrated a disregard for the health and safety ofminers. Congress included the POV provision in the Mine Actso that mine operators would manage health and safetyconditions at mines and find and fix the root causes ofsignificant and substantial (S&S) violations, protecting thehealth and safety of miners. The final rule simplifies theexisting POV criteria, improves consistency in applying thePOV criteria, and more effectively achieves the Mine Act’sstatutory intent. It also encourages chronic safety
 
 2violators to comply with the Mine Act and MSHA’s health andsafety standards.
DATES:
The final rule is effective on [INSERT DATE 60 DAYSAFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT:
George F. Triebsch,Director, Office of
 
Standards, Regulations, and Variances,MSHA, at
(e-mail); 202–693–9440(voice); or 202–693–9441 (facsimile). (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive SummaryII. BackgroundIII. Section-by-Section AnalysisIV. Regulatory Economic AnalysisV. FeasibilityVI. Regulatory Flexibility Analysis and Small BusinessRegulatory Enforcement Fairness ActVII. Paperwork Reduction Act of 1995VIII. Other Regulatory ConsiderationsIX. References
Availability of Information
 Access rulemaking documents electronically at
or
on the day following publicationof this notice in the
Federal Register 
.
 
 3
I. Executive Summary
A. Purpose of the Regulatory Action
Congress enacted the pattern of violations (POV)provision to provide MSHA with an additional enforcementtool, when other tools had proven ineffective. The finalrule implements the statutory and legislative intent thatsafe and healthful conditions be restored at noncompliantmines.This rule will have both quantitative and qualitativebenefits and will reduce accidents, injuries, and fatalitiesin mines. This final rule is responsive to recommendationsin the Office of the Inspector General’s Report (OIG Report)on MSHA’s implementation of its POV authority. The safetyand health conditions that led to the accident at the UpperBig Branch (UBB) mine on April 5, 2010, further demonstratedthe need to revise the POV regulation.The POV final rule is one of MSHA’s highest priorityregulatory initiatives. It strengthens MSHA’s ability tofocus on those mine operators who demonstrate a disregardfor the health and safety of miners through a recurringpattern of significant and substantial (S&S) violations.This final rule allows MSHA to focus on the most troublingmines, provide those operators with notice that they are outof compliance, and review their health and safety conditions

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