6 more Provisions of the Proposed S Miners Act

Immediate payment of penalties:
  • "The operator shall, not later than 30 days from the receipt of the notification of a citation ... notify [MSHA] that the operator intends to contest the citation or proposed ... penalty, and the operator shall place in escrow with [MSHA] the amount of the proposed assessment."
  • If the money is not put in escrow, the penalty will become final "and not subject to review by any court or agency."
  • If an operator fails to pay a final order, [MSHA] "shall have the authority to issue an order requiring the mine operator to cease production. ..."

If this passes Congress you will have to deposit funds in escrow equal to the proposed penalties for the citations you don't feel are legitimate. If you have proposed fines of $10,000.00 you will have to deposit that money and do without it until your case is heard. That is presently 2 years +. If your next inspection is the same, you will have $20,000.00 in escrow. Failure to escrow the money will mean that the proposed fines are immediately due and you have no legal right for review of either the citations or the fines! Fail to pay the fines and your site is closed!

            4. Would add new $250,000 penalty for Pattern of Violations - on top of underlying civil penalties!

            5. Would eliminate consideration of penalties' impact on "ability to remain in business".(See Below)

            6. 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!!

 

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