The Mine Act places the responsibility for ensuring the health and safety of miners on mine operators. Congress enacted the pattern of violations (POV) provision to provide MSHA with an additional enforcement tool when other tools had proven ineffective. Congress intended MSHA to use the POV provision to restore safe and healthful conditions at mines with a pattern of significant and substantial (S&S) violations. The legislative history states that Congress believed the existence of a pattern would signal to both the mine operator and the Secretary that ‘‘there is a need to restore the mine to effective safe and healthful conditions and that the mere abatement of violations as they are cited is insufficient.”
A mine operator that has a pattern of S&S violations at a mine will receive written notice from MSHA. For each subsequent S&S violation, MSHA will issue an order withdrawing miners from the affected area until the cited condition has been corrected. MSHA will terminate an operator’s POV notice when 1) an inspection of the entire mine is completed and no S&S violations are found or 2) no withdrawal order is issued by MSHA in accordance with Section 104(e)(1) of the Mine Act within 90 days of the issuance of the pattern notice.
Mine operators can determine whether they may be subject to a POV notice by using MSHA’s Pattern of Violations Monitoring Tool. It is the responsibility of mine operators to track their violation and injury histories to determine whether they need to take action to avoid triggering a POV notice. Operators who are at risk of receiving a POV notice are encouraged to implement a corrective action program to reduce S&S violations. More information about corrective action programs can be found in MSHA’s Pattern of Violations Procedures Summary.
Final Rule (published January 23, 2013)
A final rule on Pattern of Violations was published January 23, 2013, and became effective March 25, 2013. This link below is for that final rule.
Pattern of Violations; Final Rule (Published January 23, 2013)
1/17/2013 Conference Call Audio File (.wav)
Tools for You
Monthly Monitoring Tool for Pattern of Violations
S&S Rate CalculatorThe S&S Rate Calculator is a tool for mine operators that implement a Corrective Action Program (CAP) with goals for reductions in a mine’s rate of Significant and Substantial (S&S) violations to determine if a mine is meeting its goals.
The data for this application is refreshed daily.
S&S Citations/Orders per 100 Inspection Hours - 12-month Period 01-Feb-2013 through 31-Jan-2014
|Primary Mine Type/Classification||Top 35 Percentile Goal||Top 50 Percentile Goal||National Rate|
Pattern of Violations Screening Criteria - 2013
Pattern of Violations (POV) Procedures Summary - 2013
30 CFR Part 104 - Pattern Of Violations
Listing of all mines to have received PPOV Notices (As of 11/28/2012)
Current Releases -
MSHA issues fourth POV notice under revised rule
Fork Creek No. 1 Mine failed to report 239 days of lost-time injuries
MSHA issues first POV notices under new rule
1 mine in Kentucky and 2 mines in West Virginia receive notices
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