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U.S. Department of Labor


Mine Safety and Health Administration
1100 Wilson Boulevard
Arlington, Virginia 22209-3939
ISSUE DATE: May 9, 2011

PROGRAM INFORMATION BULLETIN NO. P11-35

FROM:             GEORGE M. FESAK Syed Hafez for
                       Director, Program Evaluation
                       and Information Resources

                      KEVIN G. STRICKLIN  
                       Administrator for
                       Coal Mine Safety and Health

                      NEAL H. MERRIFIELD NEAL H. MERRIFIELD
                      Administrator for
                      Metal and Nonmetal Mine Safety and Health

SUBJECT:    Re-Issue P08-02 -- Reporting Deaths on Mine Property

Scope
This program information bulletin (PIB) applies to mine operators, independent contractors, Mine Safety and Health Administration (MSHA) personnel, and other interested persons.

Purpose
This PIB clarifies the responsibility of mine operators and contractors to report all deaths that occur on mine property, including suicides, homicides, and deaths involving trespassers, customers, or visitors.

Information
Section 30 CFR 50.10, Immediate Notification, requires the operator to contact MSHA at once, without delay, and within 15 minutes at the toll-free number, 1-800-746-1553, once the operator knows or should know that an accident has occurred. Section 30 CFR 50.2 (h) (1), Definitions, defines "accident" to include a death of an individual at a mine. In addition to immediately contacting MSHA, operators are required to submit a Mine Accident, Injury, and Illness Report (Form 7000-1) to MSHA within 10 days of the accident. It makes no difference whether the deceased is a mine employee, visitor, trespasser, or customer. MSHA must be immediately notified of any death of an individual at a mine and the death must be reported to MSHA on Form 7000-1 within 10 days.

Background
There have been numerous occasions when operators have not filed the required Mine Accident, Injury, and Illness Report (Form 7000 1) because they believed a death, particularly a death involving a trespasser on mine property, to be non-chargeable and therefore not reportable. This can cause the operator to be in violation of 30 CFR Part 50 reporting requirements.

Authority
Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. ยง 801 et seq., and 30 CFR Part 50.

Internet Availability
This PIB may be viewed by accessing MSHA's home page at (www.msha.gov), choosing "Compliance Info" and "Program Information Bulletins."

Contact Person(s)
Terry Bentley
Coal Mine Safety and Health
E-mail: Bentley.Terry@dol.gov

Michael Hancher
Metal and Nonmetal Mine Safety and Health
E-mail: Hancher.Michael@dol.gov

Thomas Koenning
Program Evaluation and Information Resources
E-mail: Koenning.Thomas@dol.gov

Distribution
MSHA Program Policy Manual Holders
Mine Operators and Independent Contractors
Mine Safety and Health Administration Personnel
Special Interest Groups