Julie Su Acting United States Secretary of Labor | Official Website
The U.S. Department of Labor announced today that its Mine Safety and Health Administration (MSHA) has released the results of a Pattern of Violations (POV) screening aimed at identifying chronic violators and mine operators who disregard miners' health and safety.
For the first time, MSHA's reviews included more than one POV screening within a calendar year. The POV screening process examines all U.S. mines to identify those with significant and substantial violations and other safety and health compliance issues. An S&S violation is defined as one that could significantly contribute to a safety or health hazard.
Under the Mine Act, MSHA identifies mines exhibiting a pattern of S&S violations and has the authority to issue mine operators a POV notice if warranted. If additional S&S violations occur after receiving a POV notice, MSHA can withdraw miners from the affected area except those necessary to correct the violation.
"A central tenet of a good job is a safe and healthy workplace," said Assistant Secretary for Mine Safety and Health Chris Williamson. "The Biden-Harris administration will continue to use all the tools with which Congress empowered MSHA to protect the health and safety of the nation’s miners."
MSHA conducted a POV screening for a 12-month enforcement period ending April 30, 2024, identifying Mine No. 39 in McDowell County, West Virginia, operated by Twin State Mining Inc., as meeting initial POV criteria under section 104(e) of the Mine Act. While this mine met initial criteria, mitigating circumstances were reviewed by MSHA, resulting in no issuance of a POV notice.
The agency also announced that previously issued POV notices remain in effect for:
- Atalco Gramercy LLC's Gramercy Operation in Gramercy, Louisiana (issued July 6, 2023), due to caustic spills and leaks.
- Morton Salt Inc.'s Weeks Island Mine and Mill in New Iberia, Louisiana (issued Dec. 1, 2022), due to roof and rib hazards.
Operators on a POV who commit S&S violations must withdraw miners from affected areas until MSHA determines that violations have been abated. A POV notice is terminated if no withdrawal order is issued within 90 days or if an inspection finds no S&S violations.
MSHA provides two online calculators for mine operators: the Pattern of Violations Calculator helps monitor performance under POV criteria while alerting operators about needed corrective actions; the Significant and Substantial Calculator enables monitoring of S&S violations. It remains operators' responsibility to track their violation histories to avoid meeting POV criteria.
Learn more about MSHA.
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