C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER P—CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977 › PART 100—CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES

30 C.F.R. § 100.4

Unwarrantable failure and immediate notification

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(a) The minimum penalty for any citation or order issued under section 104(d)(1) of the Mine Act shall be $3,022.

(b) The minimum penalty for any order issued under section 104(d)(2) of the Mine Act shall be $6,041.

(c) The penalty for failure to provide timely notification to the Secretary under section 103(j) of the Mine Act will be not less than $7,555 and not more than $90,649 for the following accidents:

(1) The death of an individual at the mine, or

(2) An injury or entrapment of an individual at the mine, which has a reasonable potential to cause death.

[72 FR 13635, Mar. 22, 2007, as amended at 74 FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11, 2024; 90 FR 1862, Jan. 10, 2025]
Notes of Decisions
Cited in 8 cases, 1973–1989 · leading case: Nat'l Indep. Coal Operators' Assn. v. Kleppe, 423 U.S. 388 (1976).
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Nat'l Indep. Coal Operators' Assn. v. Kleppe, 423 U.S. 388 (1976). · cites it 7× “30 CFR § 100.4 (c). 6 The regulations also provide that the operators are to be advised when they receive original or reissued proposed orders that they have 15 working days from the receipt of the order to “protest the proposed assessment, either partly or in its entirety.”
Donovan v. Dewey, 452 U.S. 594 (1981). · cites it 2× “30 CFR § 100.4 (1980). The Act also allows a mine operator to contest any citation in a hearing before an administrative law judge, whose decision is subject to discretionary review by the Mine Safety and Health Review Commission.”
Consolidation Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, Coal Emp. Proj., United Mine Workers of Am., Intervenors, 824 F.2d 1071 (D.C. Cir. 1987). · cites it 3× “” 30 C.F.R. § 100.4 . The Commission has defined significant and substantial violations as those violations for which “there exists a reasonable likelihood that the haz *1079 ard contributed to will result in an injury or illness of a reasonably serious nature.”
Coal Emp. Proj. v. Elizabeth Hanford Dole, in Her Capacity as Sec'y of Labor, United States Dep't of Labor, 889 F.2d 1127 (D.C. Cir. 1989). · cites it 2× “30 C.F.R. § 100.4 provides: An assessment of $20 may be imposed as the civil penalty where the violation is not reasonably likely to result in a reasonably serious injury or illness, and is abated within the time set by the inspector.”
Allied Prods. Co. v. Fed. Mine Saf. & Health Review Comm'n & Raymond J. Donovan, Sec'y of Labor, 666 F.2d 890 (5th Cir. 1982). “30 C.F.R. § 100.4 (1980). The special assessment allows the agency to make its determination free from the point system.”
Int'l Indep. Coal Operators Ass'n v. Morton, 357 F. Supp. 509 (D.D.C. 1973). · cites it 3× “” 30 C.F.R. § 100.4 (e). Part 100 of Title 30 of the Code of Federal Regulations contain the only written guidelines governing the penalty assessment process.”
Rogers C. B. Morton, Sec'y of Interior, United States Dept. Of Interior v. Delta Mining, Inc. Rogers C. B. Morton, Sec'y of the Interior, United States Dep't Ofthe Interior v. G.M.W. Coal Co., Inc. Rogers C. B. Morton, Sec'y of Interior, United States Dept. Of Theinterior v. Edward Mears Appeal of United States of Am., in Nos. 73-1752-73-1753, 73-1848, 495 F.2d 38 (3rd Cir. 1974). “The references in this opinion are to the Regulations in force between January 14, 1971 and June 15, 1972 13 30 C.F.R. 100.4(b). There are other Interior Regulations (30 C.”
Morton v. Delta Mining, Inc. Rogers C. B. Morton, 495 F.2d 38 (3rd Cir. 1974). “30 C.F.R. § 100.4 (b). There are other Interior Regulations ( 30 C.”
— 30 C.F.R. § 100.4(b) — 1 case
Rogers C. B. Morton, Sec'y of Interior, United States Dept. Of Interior v. Delta Mining, Inc. Rogers C. B. Morton, Sec'y of the Interior, United States Dep't Ofthe Interior v. G.M.W. Coal Co., Inc. Rogers C. B. Morton, Sec'y of Interior, United States Dept. Of Theinterior v. Edward Mears Appeal of United States of Am., in Nos. 73-1752-73-1753, 73-1848, 495 F.2d 38 (3rd Cir. 1974). “The references in this opinion are to the Regulations in force between January 14, 1971 and June 15, 1972 13 30 C.F.R. 100.4(b). There are other Interior Regulations (30 C.”
— 30 C.F.R. § 100.4(e) — 1 case
Int'l Indep. Coal Operators Ass'n v. Morton, 357 F. Supp. 509 (D.D.C. 1973). “” 30 C.F.R. § 100.4 (e). Part 100 of Title 30 of the Code of Federal Regulations contain the only written guidelines governing the penalty assessment process.”
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