The information collection requirements associated with the Pattern of Violation proposed rule are not approved at this time. DOL will consider comments associated with the information requirements and resubmit at the final rule stage.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
0
0
0
0
0
0
0
0
0
The Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, places the ultimate responsibility on mine operators for ensuring the safety and health of miners. The legislative history of the Mine Act emphasizes that Congress reserved the pattern of violations (POV) provision for mine operators with a record of repeated significant and substantial (S&S) violations. The provision was to be used in situations where other enforcement provisions of the statute had been ineffective at bringing the mine into compliance with safety and health standards.
This proposed rule would revise the existing rule to simplify the existing POV criteria, improve consistency in applying the POV criteria, and more adequately achieve the statutory intent. It would also encourage chronic violators to comply with the Mine Act and MSHAÂs safety and health standards. This proposed rule would contain a provision subject to review and approval by OMB under the Paperwork Reduction Act of 1995 (PRA). This information collection package for the proposed rule is being submitted to OMB for review under 44 U.S.C. § 3504, paragraph (h) of the PRA, as amended (44 U.S.C. 3501 et seq.).
The existing rule includes mitigating circumstances under the initial screening criteria for issuing a potential pattern of violations (PPOV) notice as § 104.2(b)(4). The existing rule does not define mitigating circumstances, but explains its intent in policy. The proposed rule would eliminate the PPOV notice and incorporate the initial screening criteria into the pattern criteria for placing a mine in a POV status. The preamble to the proposed rule discusses the types of situations and conditions that MSHA would consider as mitigating circumstances in determining whether to issue a POV notice. The proposed rule states that MSHA would consider an operatorÂs effective implementation of an MSHA-approved safety and health management program as a mitigating circumstance. MSHA expects that most operators, who compare their compliance record with the POV criteria on MSHAÂs website and determine that they are approaching a POV level, would work with MSHA to bring their mines into compliance to avoid being issued a POV notice, which could result in the temporary closure of the mine. These operators would submit a written safety and health management program to the District Manager for approval.
US Code:
30 USC 814(e)(4)
Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
US Code:
30 USC 957
Name of Law: Federal Mine Safety and Health Act of 1977 (Mine Act)
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
POV SUPPORTING STATEMENT 1-7-11.doc
Patern of Violations 30 CFR Part 104