US Department of Labor releases 2nd Pattern of Violations screening in 2024 to help protect miners’ health, safety

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US Department of Labor releases 2nd Pattern of Violations screening in 2024 to help protect miners' health, safety

First time since 2021, none of the nation's mines met criteria

WASHINGTON - The U.S. Department of Labor today released the results of its Mine Safety and Health Administration's second Pattern of Violations screening in 2024 and announced that - for the first time since 2021 - none of the nation's mines met the POV criteria for the existence of a pattern of violations under section 104(e) of the Mine Act.

POV screenings enable MSHA to identify chronic violators and mine operators that show a disregard for miners' health and safety. For the second year in a row, the agency conducted at least two POV screenings in a calendar year, setting new precedent and underscoring the agency's concerted efforts to reduce fatal and serious accidents and improve operator compliance.

The announcement comes after MSHA conducted a POV screening of all the nation's mines for a 12-month enforcement period ending Nov. 30, 2024.

"When the mining industry experienced a troubling increase in fatalities in 2023, MSHA actively led efforts to combat the trend, including enhanced enforcement like Pattern of Violations and impact inspections to improve compliance and focus on chronic violators," said Assistant Secretary for Mine Safety and Health Chris Williamson. "Mining fatal accidents decreased by 30 percent in 2024, and no mines were identified during the most recent POV screening. We know from recent experience and history that an active, adequately staffed MSHA is critical to preventing accidents and protecting miners' safety and health."

The Mine Act authorizes the Secretary to issue a POV notice to any mine that demonstrates a pattern of significant and substantial violations. The POV screening process examines all U.S. mines and identifies those with a high number of significant and substantial violations and other safety and health compliance problems. An S&S violation is one that could contribute in a significant and substantial way to the cause and effect of a safety or health hazard.

"MSHA's POV screenings have helped improve compliance beyond just the mines that have met the screening criteria," added Williamson. For the 200 mines with the most S&S violations, those violations have decreased 15 percent over the past two years. The same mines have also seen a 10 percent reduction in total violations and a 26 percent decrease in elevated enforcement actions. "POV remains a critical tool to rein in chronic violators and protect the nation's most vulnerable miners."

The agency also announced that previous POV notices issued to the following mines remain in effect:

• Issued July 6, 2023, to Atalco Gramercy LLC, operator of Gramercy Operation in Gramercy, Louisiana, after MSHA identified a pattern of S&S violations related to leaks at the mine that create accumulations of material containing hazardous chemicals in work areas and walkways.
• Issued Dec. 1, 2022, to Morton Salt Inc., operator of the Weeks Island Mine and Mill in New Iberia, Louisiana, after the agency MSHA identified a pattern of S&S violations related to conditions and/or practices that contributed to loose ground hazards on ceilings and ribs throughout the mine.

Following issuance of the POV notice, 106 Mine Act 104(e) withdrawal orders have been issued to Atalco Gramercy. This includes a recent impact inspection at Gramercy Operation that resulted in the issuance of 60 violations of mandatory safety and health standards, including 24 S&S violations, 23 104(e) orders, and four unwarrantable failure findings. To date, Morton Salt has been issued 96 104(e) withdrawal orders following receipt of its POV notice.

For mines that receive a POV notice, all significant and substantial violations issued after the date of the notice are issued as 104(e) orders as directed by the Mine Act. Only miners who are assisting with the abatement of the hazards cited may remain in the area of the violation. The POV notice is terminated if MSHA does not issue a withdrawal order within 90 days after the notice is issued or if an MSHA inspection of the entire mine finds no S&S violations.

MSHA offers two online calculators to help mine operators monitor compliance: the Pattern of Violations Calculator, which allows mine operators to monitor performance under the POV screening criteria and alerts mine operators that corrective actions are needed, and the Significant and Substantial Calculator, which enables mine operators to monitor their S&S violations. Mine operators are responsible for tracking their violation and injury histories to determine whether they need to take action to avoid meeting the POV screening criteria.

Learn more about MSHA.

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