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MSHA Proposed Civil Penalty Rule: What Will Happen to Operator Contest Rights?

Posted By Darrell Smith, Monday, August 4, 2014
The following regulatory brief has been provided by IMA-NA Associate Member Adele Abrams...

On July 31, 2014, the Mine Safety and Health Administration’s (MSHA) Proposed Rule for the Criteria and Procedures for Assessment of Civil Penalties was published in the Federal Register. Publishing the rule begins the 60 day period for public comment, all of which must be received or postmarked by midnight Eastern Daylight Savings Time on September 29, 2014. The proposed rule’s link is:

MSHA claims the rule’s design and goal is to “place greater emphasis on more serious safety and health conditions, thus providing improved safety and health for miner.” However, the proposed rule appears to seek a reduction in contested citations and orders by the industry, by providing disincentives for contesting citations and orders, which would further decrease the MSHA litigation backlog.  

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