6 More Provisions About the Proposed S MINERS Act You Should Know

Reporting abatement of violations:

1. The operator "shall notify the secretary that the operator has abated the violation involved."
2. "If such operator fails to notify the secretary within the abatement time as provided for in the citation, the secretary shall issue an order [to withdraw the miners]."
3. Regardless of notice, "no violation shall be determined to be abated" until an inspector returns to view the site.

Immediate payment of penalties:

1. "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."
2. If the money is not put in escrow, the penalty will become final "and not subject to review by any court or agency."
3. 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. ..."

Please note that the Operator must not only notify MSHA when a citation has been abated, it is not "determined to be abated" until the inspector returns and states that it is abated! The clock is running on abatement and is not stopped until the alleged hazard has been abated! Everyday over the "abatement period on the citation" can be assessed an additional fine of up to $7500.00 daily for every day over the abatement period!  The inspector, by Law, does not have to return to your site to abate the citations immediately after you notify MSHA. Sec 103 (a) of the Act states, "the Secretary shall make inspections...of each surface coal or other mine in its entirety at least two times a year". He is required to be there "at least" once every six months.

Failure to pay a final order will result in MSHA ordering the site closed!

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