September 28, 2022

Volume XII, Number 271

Advertisement

September 28, 2022

Subscribe to Latest Legal News and Analysis

September 27, 2022

Subscribe to Latest Legal News and Analysis

September 26, 2022

Subscribe to Latest Legal News and Analysis

Unprecedented Enforcement Action is First in Mine Act History

ARLINGTON, Va. - The U.S. Department of Labor's Mine Safety and Health Administration today announced that it has issued a notice of a pattern of violations to two coal mining operations under Section 104(e) of the federal Mine Safety and Health Act of 1977. Bledsoe Coal Corp.'s Abner Branch Rider Mine in Leslie County, Ky., and The New West Virginia Mining Co.'s Apache Mine in McDowell County, W.Va., are the first mines in the history of the Mine Act to be subject to the full effect of this enforcement action, which targets mines with chronic and persistent health and safety violations. Last November, the agency put 13 mines on notice that each had a potential pattern of violations. A 14th mine received similar notification in December, after an agency audit revealed that the mine operator had failed to report a dozen injuries. All 14 mines that received potential POV notices implemented corrective action programs to reduce their significant and substantial, known as S&S, issuance rates.

Subsequent to the potential POV notifications, two of the 14 mines were temporarily idled. One ceased production. One has not completed the evaluation process. Between Jan. 3 and March 21, 2011, MSHA conducted inspections of the 10 remaining mines. Of those, eight met the prescribed S&S goals, and the two operations now receiving the POV notices failed to meet their goals by a significant margin.

MSHA previously implemented major reforms to its POV process, including new screening criteria and a new review process that improves the agency's ability to identify problem mines. Although the Upper Big Branch Mine met the new criteria and also received a potential POV notification, further actions have been postponed until MSHA's investigation into the April 2010 explosion there has been completed.

"We take this law and our obligation to enforce it very seriously," said Joseph A. Main, assistant secretary of labor for mine safety and health. "While we believe most mine operators in this country do as well, it is clear that some do not. If we are to prevent death, injury and illness in the nation's mines, these enforcement actions are necessary to rein in chronic and persistent violators of safety and health laws."

Under Section 104(e) of the Mine Act, MSHA issues a withdrawal order at a POV mine each time it issues an S&S violation. The order remains in place until the violation is abated. An operator can be removed from pattern of violations status after undergoing a complete inspection without receiving an S&S violation.

Last week, MSHA introduced an online monitoring tool that, for the first time, allows mine operators and miners to track a mine's compliance history and compare it to the potential POV criteria. Additional mines are under review by MSHA for potential POV and POV actions.

Editor's Note: A chart with S&S rates for the 10 mines that were inspected appears below.A chart with S&S rates for the 10 mines that were inspected

© Copyright 2022 U.S. Department of LaborNational Law Review, Volume I, Number 107
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and...

866-487-2365
Advertisement
Advertisement
Advertisement