30 C.F.R. § 104.1
Purpose and scope
This part establishes the criteria and procedures for determining whether a mine operator has established a pattern of significant and substantial (S&S) violations at a mine. It implements section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) by addressing mines with an inspection history of recurrent S&S violations of mandatory safety or health standards that demonstrate a mine operator's disregard for the health and safety of miners. The purpose of the procedures in this part is the restoration of effective safe and healthful conditions at such mines.
Notes of Decisions
Cited in 2
cases, 2010–2013 · leading case: Big Ridge, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 715 F.3d 631 (7th Cir. 2013).
Big Ridge, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 715 F.3d 631 (7th Cir. 2013). “§ 814 (e); see also 30 C.F.R. §§ 104.1 et seq. Once a mine is in POV status, MSHA has increased authority to institute safety precautions, which can involve burdensome administrative requirements and disruption of mine activities.”
Solis v. Freedom Energy Mining Co., 756 F. Supp. 2d 835 (E.D. Ky. 2010). “See 30 C.F.R. § 104.1 (“This part establishes the criteria and procedures for determining whether a mine operator has established a pattern[J”) (emphasis added).”
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