MSHA - Code of Federal Regulations - 30 CFR 104.3
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MSHA - Title 30 CFR
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Editorial Note: Based on FedReg. Doc. 2013-01250, this section has changed. The changes
are in bold italic. The effective date is March 25, 2013.
Both versions will remain until the next publication of the 30 CFR.
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Sec. 104.3
Issuance of notice.

    (a) When a mine has a pattern of violations, the District Manager will issue a pattern of violations notice to the mine operator that specifies the basis for the Agency's action. The District Manager will also provide a copy of this notice to the representative of miners.
    (b) The mine operator shall post the pattern of violations notice issued under this part on the mine bulletin board. The pattern of violations notice shall remain posted at the mine until MSHA terminates it under Sec. 104.4 of this part.
    (c) If MSHA finds any S&S violation within 90 days after issuance of the pattern notice, MSHA will issue an order for the withdrawal of all persons from the affected area, except those persons referred to in section 104(c) of the Mine Act, until the violation has been abated.
    (d) If a withdrawal order is issued under paragraph (c) of this section, any subsequent S&S violation will result in a withdrawal order that will remain in effect until MSHA determines that the violation has been abated.

For more information: See Pattern of Violations Screening Criteria

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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.