Director, Office of Standards, Regulations, and Variances

1219-AB72 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1219 Mine Safety and Health Administration MSHA 1200 Department of Labor DOL Criteria and Procedures for Proposed Assessment of Civil Penalties

Mine Safety and Health Administration (MSHA) revise the process for proposing civil penalties. The assessment of civil penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 30 CFR 100 30 USC 815 30 USC 820 30 USC 957 Yes

Section 110(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act) requires MSHA to assess a civil penalty for a violation of a mandatory health or safety standard or violation of any provision of the Mine Act. The mine operator has 30 days from receipt of the proposed assessment to contest it before the Federal Mine Safety and Health Review Commission (Commission), an independent adjudicatory agency established under the Mine Act. A proposed assessment that is not contested within 30 days becomes a final order of the Commission. A proposed assessment that is contested within 30 days proceeds to the Commission for adjudication. The proposed rule would promote consistency, objectivity, and efficiency in the proposed assessment of civil penalties. When issuing citations or orders, inspectors are required to evaluate safety and health conditions, and make decisions about the statutory criteria related to assessing penalties. The proposed changes in the measures of the evaluation criteria would result in fewer areas of disagreement and earlier resolution of enforcement issues. The proposal would require conforming changes to the Mine Citation/Order form (MSHA Form 7000-3).

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Section 104 of the Mine Act requires MSHA to issue citations or orders to mine operators for any violations of a mandatory health or safety standard, rule, order, or regulation promulgated under the Mine Act. Sections 105 and 110 of the Mine Act provide for assessment of these penalties.

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The proposal would include several alternatives in the preamble and requests comments on them.

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MSHA's proposed rule includes an estimate of the anticipated costs and benefits.

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MSHA's existing procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues. In the overwhelming majority of contested cases before the Commission, the issue is not whether a violation occurred. Rather, the parties disagree on the gravity of the violation, the degree of mine operator negligence, and other criterion. The proposed changes should result in fewer areas of disagreement and earlier resolution of enforcement issues, which should result in fewer contests of violations or proposed assessments.

]]> NPRM 07/31/2014 79 FR 44494 NPRM Comment Period End 09/29/2014 NPRM Comment Period Extended 09/16/2014 79 FR 55408 NPRM Comment Period Extended End 12/03/2014 NPRM Notice of Public Hearings, Close of Comment Period 11/07/2014 79 FR 66345 NPRM Notice of Public Hearings, Close of Comment Period End 01/09/2015 Undetermined Businesses None No No www.msha.gov/regsinfo.htm www.regulations.gov No No Sheila McConnell Director, Office of Standards, Regulations, and Variances 1219 Mine Safety and Health Administration MSHA 202 693-9440 202 693-9441 mcconnell.sheila.a@dol.gov 201 12th Street South, Room 4E401, Arlington VA 22202-5452