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MSHA to issue limited final rule on civil penalties

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World Cement,

MSHA is likely to issue a ‘limited’ final rule on civil penalties (Part 100), which could mean that the rule proposed in July 2014 has undergone significant revisions but won’t be re-proposed for public comment. MSHA deputy assistant secretary for operations, Pat Silvey, said that she did not know when the final rule would be issued at a stakeholder meeting on 12 May.

MSHA last shared an updated civil penalties proposal in February 2015.

NSSGA has opposed the proposed rule since its release as it would lead to an increase in the costs associated with MSHA penalties by a range of 50 – 80% – these increase would dramatically undercut an operator’s ability to invest in safety. NSSGA has called for explicit clarification of the factors to be used in an inspector’s evaluation of gravity and negligence, elimination of language that appears to coerce operators from non contesting citations, and safeguard the discretion of the Federal Mine Safety and Health Review Commission to assess penalty amounts proposed by MSHA. NSSGA is hopeful that the changes on the coming proposal incorporate improvements that the association proposed in formal comments and public testimony.

At the meeting, MSHA announced that the standard would be added to the 19 ‘Rules to Live By’ that apply to metal/non-metal mines and increase their enforcement from 1 July.

Adapted from press release by

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