Pattern of Violations Final Rule Issued 1/23/2013

The Final Rule became effective 60 days after it was published in the Federal Register. 

The MSHA link is: http://www.msha.gov/POV/POVsinglesource.asp

In essence the rule:

(1) eliminates the PPOV process;

(2) Allows MSHA to rely on "issued" citations rather than those that have become final;

(3) Establishes general criteria for identifying mines with a pattern of S&S violations;

(4) Once under POV, each S&S citation will constitute a withdrawal order until abated;

(5) Allows conferences to discuss S&S citations, consistent with current policy;

(6) Provides for expedited temporary relief proceedings once an operator receives a POV notice; and

(7) Considers effective implementation of an MSHA-approved corrective action program to be a mitigating circumstance in POV review.

(Highlighting by $afepro)

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