Pattern criteria.

(a) The criteria of this section shall be used to identify those mines with a potential pattern of violations. These criteria shall be applied only after initial screening conducted in accordance with §104.2 of this part reveals that the operator may habitually allow the recurrence of violations of mandatory safety standards or health standards which significantly and substantially contribute to the cause and effect of mine safety or health hazards. These criteria are--

(1) A history of repeated significant and substantial violations of a particular standard;

(2) A history of repeated significant and substantial violations of standards related to the same hazard; or

(3) A history of repeated significant and substantial violations caused by unwarrantable failure to comply.

(b) Only citations and orders issued after October 1, 1990, and that have become final shall be used to identify mines with a potential pattern of violations under this section.

For more information: See MSHA's Program Policy Manual