MSHA Raises Maximum Civil Penalty for Flagrant Violations

It will rise to $242,000 effective Jan. 28, and the maximum penalty for failing to provide timely notification of an accident will increase to $65,000.

In a final rule published Dec. 28, MSHA has raised the maximum penalty for failure to provide timely notification to the secretary under section 103(j) of the Mine Act from $60,000 to $65,000 and the maximum penalty for flagrant violations under Section 110(b)(2) of the act from $220,000 to $242,000. The changes take effect Jan. 28.

This is the first adjustment of the agency's penalties since February 2008. The Federal Civil Penalties Inflation Adjustment Act of 1990 requires MSHA to review and, where appropriate, adjust its civil penalties for inflation, based on the cost of living, at least once every four years. The law requires the cost-of-living adjustment be applied to penalties that were statutorily established by Congress; the Mine Act contains eight statutory penalties, most of which aren't being changed this time.

Section 103(j) of the Mine Act requires operators to notify MSHA of the occurrence of an accident and to take appropriate measures to preserve any evidence that would assist in the investigation of its cause(s).

The minimum penalty for failing to provide timely notification of an accident is $5,000 currently, and that amount is not being changed.

Product Showcase

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

  • EMSL Analytical, Inc. - Air Sampling Supplies & Testing Labs

    EMSL Analytical, Inc. operates laboratories throughout the United States and Canada. EMSL is a nationally recognized and locally focused provider specializing in fast laboratory results for Asbestos, Mold, Silica, Lead & Metals, Bacteria, Legionella, USP , Combustion By-Products, VOC’s, Radon, PCB’s, Formaldehyde, METH/Fentanyl, Identification of Dust & Unknowns. Sampling Pumps, Cassettes, Media & Supplies available. Reach us at 1-800.220.3675 Read More

  • SwabTek® Cannabis Test Kit

    The SwabTek® Cannabis Test Kit is a single-use spot test designed for use in screening for cannabis compounds in any sample type or on any surface. The test is capable of identifying the presumed presence of cannabinoids in very small quantities, with a level of detection as little as 6 μg in mass. Learn more about the SwabTek® Cannabis Test Kit and the rest of SwabTek surface drug testing solutions through the webinar titled "Everything You Want To Know About Surface Testing" Read More

Featured