[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: 30CFR104.4]

[Page 667-668]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 104--PATTERN OF VIOLATIONS--Table of Contents
 
Sec. 104.4  Issuance of notice.

    (a) When a potential pattern of violations is identified, the 
District Manager shall notify the mine operator in writing. A copy of 
the notification shall be provided to the representative of miners at 
the mine. The notification shall specify the basis for identifying the 
mine as having a potential pattern of violations and give the mine 
operator a reasonable opportunity, not to exceed 20 days from the date 
of notification, to take the following steps:
    (1) Review all documents upon which the pattern of violations 
evaluation is based.
    (2) Provide additional information.

[[Page 668]]

    (3) Submit a written request for a conference with the District 
Manager. The District Manager shall hold any such conference within 10 
days of a request. The representative of miners at the mine shall be 
provided an opportunity to participate in the conference.
    (4) Institute a program to avoid repeated significant and 
substantial violations at the mine. The District Manager may allow an 
additional period, not to exceed 90 days, for determining whether the 
program effectively reduces the occurrence of significant and 
substantial violations at the mine. The representative of miners shall 
be provided an opportunity to discuss the program with the District 
Manager.
    (b) If the District Manager continues to believe that a potential 
pattern of violations exists at the mine, a report of the evaluation 
made under this part shall be sent to the appropriate MSHA 
Administrator. This report shall be submitted no more than 120 days from 
the notification to the operator and miners' representative under 
paragraph (a) of this section. Alternatively, in cases where no program 
to reduce S&S violations has been implemented at the mine, the report 
shall be submitted no more than 60 days from such notification. A copy 
of the report shall be provided to the mine operator and the miners' 
representative 10 days before the report is sent to the Administrator. 
Both parties will have 10 days from receipt of the report to submit 
written comments to the Administrator.
    (c) Within 30 days of receipt of a report from a District Manager, 
the Administrator shall issue a decision as to whether the mine is to be 
issued a notice of a pattern of violations. A copy of the decision shall 
be provided to the mine operator and the representative of the miners.
    (d) The mine operator shall post all notifications issued under this 
part at the mine. A notice of a pattern of violations shall remain 
posted at the mine until such notice is terminated under Sec. 104.5 of 
this part.