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

  • Magid® D-ROC® GPD412 21G Ultra-Thin Polyurethane Palm Coated Work Gloves

    Magid’s 21G line is more than just a 21-gauge glove, it’s a revolutionary knitting technology paired with an advanced selection of innovative fibers to create the ultimate in lightweight cut protection. The latest offering in our 21G line provides ANSI A4 cut resistance with unparalleled dexterity and extreme comfort that no other 21-gauge glove on the market can offer! 3

  • Safety Knives

    The Safety Knife Company has developed a quality range of safety knives for all industries. Designed so that fingers cannot get to the blades, these knives will safely cut through cardboard, tape, strapping, shrink or plastic wrap or a variety of other packing materials. Because these knives have no exposed blades and only cut cardboard deep, they will not only protect employees against lacerations but they will also save product. The Metal Detectable versions have revolutionary metal detectable polypropylene knife bodies specifically for the food and pharmaceutical industries. This material can be detected and rejected by typical detection machines and is X-ray visible. 3

  • 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. 3

Featured

Most   Popular

Webinars