Civil Penalties Rise for Mine Safety and Health Violations

Feb. 14, 2003
Inflation has hit the Mine Safety and Health Administration (MSHA), which raised civil penalty fines for all mine safety and health violations by just over 10 percent.

The increase, effective 60 days after publication in the Federal Register, complies with a Congressional mandate that agencies make periodic inflation adjustments in their civil penalties.

"The law provides MSHA with three major tools enforcement, education and training, and technical assistance," said Assistant Secretary of Labor for Mine Safety and Health Dave D. Lauriski. "Civil penalties are an important aspect of enforcement, which is part of what we call our Triangle of Success. Using all the tools provided by law, we are working to make safety a value throughout the mining industry so that we can send every miner home safe and healthy at the end of every working shift."

Under the Federal Mine Safety and Health Act of 1977, MSHA inspectors must issue a citation for each violation of a health or safety standard they encounter. The penalty amount is determined by several factors the law prescribes, including the size of the mine, severity of the violation, degree of negligence and good faith to correct the violation.

The "single penalty" assessment for non-serious violations that are corrected promptly will rise from $55 to $60, and the existing maximum daily penalty will rise from $5,500 to $6,500 for failure to correct a violation within the period permitted. The maximum civil penalty will increase from $55,000 to $60,000 per violation. Civil penalties for miners who violate mandatory safety standards relating to the use or carrying of smoking materials will continue to be assessed at $275.

The rule can be viewed on MSHA's Web site at www.msha.gov.

About the Author

Sandy Smith

Sandy Smith is the former content director of EHS Today, and is currently the EHSQ content & community lead at Intelex Technologies Inc. She has written about occupational safety and health and environmental issues since 1990.

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