According to the Huntington (WV) Herald-Dispatch, Riverside Cement Company's Oro Grande quarry in California, a TXI operation has been served notice, along with Tilden Mining's iron ore mine in Michigan.

MSHA singled out the operations after reviewing their citation history over the past eight quarters. In a press release, the Agency said each affected operator will have an opportunity to review and comment on the documents upon which the potential POV is based. Each operator is expected to develop a written corrective action plan to reduce serious (S&S) violations at the mine and to avoid violations caused by imminent dangers, failure to abate previously cited violations, and unwarrantable failures to comply with standards.

If the operator significantly reduces its violation frequency rate during the next 90 days, it can avoid a POV notice. However, if any of these mines receive a citation for a serious (S&S) infraction during that time, MSHA will issue an order shutting down that portion of the operation affected by the violation until it has been abated. The possibility of shutdown for S&S violations continues upon each subsequent inspection, and can be broken only after the mine in its entirety goes through an S&S-free inspection.

MSHA has never shut down an operation under the POV provision but, given its current enforcement mindset, a high probability exists it could set precedent in this area this year.