By Terrance V. Newhouse
Dramatic mine injuries early in 2006 have resulted in passage of the 1st significant modification to federal mine safeguard legislations given that 1977. The Mine development and New Emergency reaction Act calls for every one mine to have an emergency plan, elevated offers of oxygen, and more suitable rescue groups. consequences for violations have additionally been elevated. even though the invoice had broad help in Congress, a few participants have characterized it as just a 'first step', to be by way of extra measures that might comprise a decrease greatest restrict on dirt concentrations, underground refuges, communications and monitoring units, and larger emphasis on enforcement of criteria. On January 2, 2006, the kingdom used to be reminded of the hazards of underground mining, as 12 miners died in an explosion and hearth within the Sago mine in West Virginia. in this case, the Mine security and well-being management (MSHA) issued new laws; Congress has handed the 1st significant revision of the mine defense legislations on the grounds that 1977 and has taken extra debts into consideration; and, nation legislatures in West Virginia, Kentucky, and Illinois have tightened their very own legislation. those responses have emphasized components suggestion to have performed a component within the Sago tragedy, together with emergency oxygen offers, monitoring and conversation structures, and deployment of rescue groups. There have additionally been proposals to extend the consequences for violations of safeguard criteria.
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They commented that they would formally remind CLRs and attorneys to ensure that the rationale for each civil penalty agreement is adequately documented in settlement agreements and case file notes. They also commented that internal audits of the CLR program have emphasized the need for adequate documentation to support settlement agreements. In respect to our characterization of the Washbash Mine Holding Co. case, the Commission disagreed with GAO’s conclusions. We agree with the Commission that the reasons supporting the reduction are clearly explained.
S. Senate The Honorable Edward M. Kennedy Chairman The Honorable Michael B. Enzi Ranking Member Committee on Health, Education, Labor, and Pensions U. S. Senate Mine Safety: Better Oversight and Coordination… 29 The Honorable Tom Harkin Chairman The Honorable Arlen Specter Ranking Member Subcommittee on Labor, Health and Human Services, Education and Related Agencies Committee on Appropriations U. S. Senate The Honorable Patty Murray Chair The Honorable Johnny Isakson Ranking Member Subcommittee on Employment and Workplace Safety Committee on Health, Education, Labor, and Pensions U.
35] Through this formula, two of the six factors—whether the operator was negligent and the gravity of the violation—carry the greatest weight in deciding the amount of the proposed penalty. ” To determine the gravity of the violation, the inspector must determine (1) the likelihood of harm that could come to miners, (2) the severity of any possible or actual injury or illness, and (3) the potential or actual number of miners that could be affected. After an inspector issues a citation and makes an initial finding regarding the levels of gravity and negligence involved in the violation, MSHA’s Office of Assessments determines the magnitude of the remaining four factors and tallies the points for each of the six factors to determine the proposed penalty amount.