[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR104.2]

[Page 667]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 104--PATTERN OF VIOLATIONS--Table of Contents
 
Sec. 104.2  Initial screening.

    At least once each year, MSHA shall review the compliance records of 
mines. MSHA's review shall include an examination of the following:
    (a) The mine's history of--
    (1) Significant and substantial violations;
    (2) Section 104(b) of the Act closure orders resulting from 
significant and substantial violations; and
    (3) Section 107(a) of the Act imminent danger orders.
    (b) In addition to the compliance records listed in paragraph (a) of 
this section, the following shall also be considered as part of the 
initial screening:
    (1) Enforcement measures, other than section 104(e) of the Act, 
which have been applied at the mine.
    (2) Evidence of the mine operator's lack of good faith in correcting 
the problem that results in repeated S&S violations.
    (3) An accident, injury, or illness record that demonstrates a 
serious safety or health management problem at the mine.
    (4) Any mitigating circumstances.
    (c) Only citations and orders issued after October 1, 1990, shall be 
considered as part of the initial screening.