30 CFR § 104.3 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.
