Operators need to hold inspectors accountable for following the Procedures in this PIL

ISSUE DATE: 10/19/2010 EXPIRATION DATE: 03/31/2012
PROCEDURE INSTRUCTION LETTER NO. I10-V-17

FROM: KEVIN G. STRICKLIN
Administrator for
Coal Mine Safety and Health

NEAL H. MERRIFIELD
Administrator for
Metal and Nonmetal Mine Safety and Health

SUBJECT: Enforcement Policy Reminder

Scope
This Procedure Instruction Letter (PIL) applies to all Coal and Metal and Nonmetal Mine
Safety and Health (MSHA) District Managers, District and Field Office enforcement personnel.
Purpose
The purpose of this PIL is to remind all MSHA enforcement personnel of the agency's enforcement guidelines.
Procedure Instructions
MSHA's enforcement goals are based solely on its mandate to carry out the provisions of the federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). Consistent with the agency’s mission to prevent the existence of unsafe and unhealthful practices and conditions in the Nation's mines, all enforcement actions are taken to eliminate hazardous conditions detected on mine property or to respond to detected violations of legal requirements imposed by the Mine Act and MSHA standards and regulations. No other basis for an enforcement action is authorized by MSHA, and the agency does not have a quota directive requiring inspectors to issue a minimum number of citations per inspection hour. To that end, all MSHA enforcement personnel are hereby reminded that historical enforcement data maintained by MSHA are not intended to be used to establish a minimum level of enforcement. Additionally, citations and orders issued for violations of mandatory safety and health standards and regulations are to be based on observations made or information gathered in the course of conducting an inspection or investigation.

Background
MSHA is issuing this PIL to respond to stakeholder concerns and press interest in whether MSHA has a quota directive requiring inspectors to issue a minimum number of citations per inspection hour.
Authority
The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq.
Internet Availability
This PIL may be viewed on the Internet by accessing MSHA’s home page at www.msha.gov and choosing “Compliance Info” and “Procedure Instruction Letter.”
Contact Person(s)
Coal Mine Safety and Health
Melinda Pon, (202) 693-9516
E-mail: pon.melinda@dol.gov
Metal and Nonmetal Mine Safety and Health
Marvin Lichtenfels, (202) 693- 9600
Email: lichtenfels.marvin@dol.gov
Distribution
All Program Policy Manual Holders
All MSHA Enforcement Personnel
All Special Interest Groups
All Underground Mine Operators
All Underground Mine Independent Contractors