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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)

  • Fact Sheet

  • Press Release

  • 1/17/2013 Conference Call Audio File (.wav)

  • Monthly Monitoring Tool for Pattern of Violations

    Enter an MSHA Mine ID :   (7 Digits - No Dash)   
    If you do not know the Mine ID, please use the Data Retrieval System.

    S&S Citations/Orders per 100 Inspection Hours - 12-month Period 01-May-2012 through 30-Apr-2013

    Primary Mine Type/Classification Top 35 Percentile Goal Top 50 Percentile Goal National Rate
    Facility  Coal 2.12 3.06 4.01
    Surface  Coal 2.53 3.27 4.29
    Underground  Coal 2.76 3.50 3.97
    Facility  Metal/NonMetal 4.21 5.43 9.12
    Surface  Metal/NonMetal 5.88 7.84 11.23
    Underground  Metal/NonMetal 2.45 3.59 4.19

    Resources

  • Pattern of Violations Screening Criteria - 2013

  • Pattern of Violations (POV) Procedures Summary - 2013

  • 30 CFR Part 104 - Pattern Of Violations

  • Media Information

  • Listing of all mines to have received PPOV Notices (As of 11/28/2012)
  • Current Releases -

  • No Current Releases
  • Previous Releases -

  • Press Release (1/17/2013)
    MSHA to publish pattern of violations final rule
  • Press Release (11/28/2012)
    MSHA issues potential pattern of violations letters to 4 mines
    Number of operations with chronic violations declining
  • Press Release (11/30/2011)
    MSHA puts 8 mines on notice for potential patterns of violations
  • Press Release (10/13/2011)
    2 West Virginia coal mines formerly owned by Massey Energy receive PPOV notices from MSHA after record-keeping audits reveal unreported accidents
    Administrative law judge confirms federal agency's request for audit information
  • Press Release (08/30/2011)
    MSHA audits uncover injury, illness underreporting at Kentucky mine
    4th operation to be placed on potential pattern of violations status

  • Press Release (08/25/2011)
    US Labor Department's MSHA issues notices of potential pattern of violations to mines in Tennessee and West Virginia
    Second notices issued after backsliding on compliance

  • Press Release (04/12/2011)
    US Labor Department's MSHA places 2 mining operations on pattern of violations status
    Unprecedented enforcement action is first in Mine Act history

  • Press Release (04/06/2011)
    US Labor Department's MSHA announces online tool enabling mine operators to self-monitor for POV screening

  • Press Release (09/28/2010)
       MSHA takes steps to overhaul 'broken' pattern of violations program New criteria developed for screening mines

  • Press Release (09/30/2010)
       MSHA announces tougher POV provisions, responds to OIG audit

  • Press Release (11/19/2010)
    MSHA puts 13 mines on notice for potential pattern of violations
    Mines represent first group to be identified under agency's new screening criteria

  • Press Release (12/20/2010)
    MSHA audit reveals additional mine's eligibility for potential pattern of violations
    Maple Eagle No. 1 Mine in West Virginia had under-reported injuries


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