MSHA Completes Second Pattern of Violations Screening for 2023

MSHA Completes Second Pattern of Violations Screening for 2023

This marks the first time in which multiple POV screenings were conducted in a single calendar year.

  • By Robert Yaniz Jr.
  • Feb 07, 2024

The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) has completed its second pattern of violations (POV) screening for 2023. This process aims to pinpoint mines with chronic safety and health violations, signaling a strong or ongoing disregard for miners.

According to a recent release, this latest screening revealed Mine No. 39—operated by Twin State Mining Inc. in McDowell County, West Virginia—meets the initial criteria for a pattern of violations under section 104(e) of the Mine Act. From November 1, 2022, to October 31, 2023, MSHA documented 87 significant and substantial (S&S) violations, with an S&S rate per 100 inspection hours of 9.11, well above the national average of 2.90 for underground coal mines.

Despite meeting the initial POV criteria, MSHA has opted to postpone issuing a formal POV notice to Twin State Mining Inc., pending further evaluation of the mine's operations. This postponement, however, signals a period of heightened scrutiny, with the possibility of rescinding the postponement and issuing a POV notice if necessary to ensure miner safety.

“The Biden-Harris administration has demonstrated that it will use its enforcement tools such as its POV authority and impact inspections to focus on chronic violators and protect miners’ safety and health,” MSHA Assistant Secretary Chris Williamson said in a statement. “Following a year when the mining industry experienced a troubling increase in fatalities, MSHA continues to use all measures available to prevent fatal and serious accidents and hold low-road operators accountable.”

To that end, 2023 marked the first time MSHA has conducted more than one POV screening in a single calendar year. The agency’s two most recent POV issuances—to Atalco Gramercy LLC and Morton Salt Inc. in July 2023 and December 2022, respectively—still remain in effect.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

Product Showcase

  • The MGC Simple Plus

    The MGC Simple Plus is a simple-to-use, portable multi gas detector that runs continuously for three years without being recharged or routinely calibrated after its initial charge and calibration during manufacturing. The detector reliably tests a worksite’s atmosphere for hydrogen sulfide, carbon monoxide, oxygen and combustible gases (LEL). Its durability enables the detector to withstand the harshest treatment and environments, hence earning it an IP 68 rating. The MGC Simple Plus is also compatible with a variety of accessories, such as the GCT External Pump. Visit gascliptech.com for more information. Read More

  • Full Line of Defense Against Combustible Dust Nilfisk

    Nilfisk provides a comprehensive range of industrial vacuums meticulously crafted to adhere to NFPA 652 housekeeping standards, essential for gathering combustible dust in Class I, Group D, and Class II, Groups E, F & G environments or non-classified settings. Our pneumatic vacuums are meticulously engineered to fulfill safety criteria for deployment in hazardous surroundings. Leveraging advanced filtration technology, Nilfisk ensures the secure capture of combustible materials scattered throughout your facility, ranging from fuels, solvents, and metal dust to flour, sugar, and pharmaceutical powders. Read More

  • Kestrel 5400 Heat Stress Tracker WBGT Monitoring for Workplace Safety

    Ensure safety with the Kestrel® 5400 Heat Stress Tracker, the go-to choice for safety professionals and endorsed by the Heat Safety & Performance Coalition. This robust, waterless WBGT meter is ideal for both indoor and outdoor environments, offering advanced monitoring and data logging essential for OSHA compliance. It features pre-programmed ACGIH guidelines and alert settings to quickly signal critical conditions. Integrated with the cloud-based Ambient Weather Network, the 5400 allows managers to view, track, and log job site conditions remotely, ensuring constant awareness of potential hazards. Its capability for real-time mobile alerts and remote data access promotes proactive safety management and workplace protection, solidifying its role as a crucial tool in industrial hygiene. Read More

Featured

Most   Popular