3 More
Provisions of the Proposed S Miners Act You Should Know
-
Would add new $250,000 penalty for Pattern of
Violations - on top of underlying civil penalties!
-
Would
eliminate consideration of penalties' impact on "ability to
remain in business".(See Below)
-
Would
require mine operators to pay contractors' civil penalties
if contractors default.
Now the MS&H ACT of 1977
protects Mining and Quarrying Firms from being assessed fines and
costs which would "put them out of business". It would nullify30 CFR
Part 100.3(a)(vi)! It would also add an additional $250,000.00 on
top of regular penalties for being on a
Part 104 Pattern
of Violations.
|
30 CFR 100.3
Determination
of penalty amount; regular assessment. (Current LAW)
(a) General. (1) Except as provided in 100.5(e), the
operator of any mine in which a violation occurs of a
mandatory health or safety standard or who violates any
other provision of the Mine Act, as amended, shall be
assessed a civil penalty of not more than $70,000. Each
occurrence of a violation of a mandatory safety or health
standard may constitute a separate offense. The amount of
the proposed civil penalty shall be based on the criteria
set forth in sections 105(b) and 110(i) of the Mine Act.
These criteria are:
(i) The appropriateness of the penalty to the size of
the business of the operator charged;
(ii) The operator's history of previous violations;
(iii) Whether the operator was negligent;
(iv) The gravity of the violation;
(v) The demonstrated good faith of the operator
charged in attempting to achieve rapid compliance after
notification of a violation; and
(vi) The effect of the penalty on the operator's
ability to continue in business.
|
It will
apply to Coal and M/NM, Surface and Underground.
This is not
Safety Law! It is LAW designed to put you out of
business!
Next month is
too late to contact your Congressmen!! |
|
HOME |