![]() At least 100 S&S citations/orders issued in the most recent 12 months.An Injury Severity Measure (SM) for the mine that is greater than the overall Industry SM for all mines in the same mine type and classification over the most recent 12 months.At least 0.5 elevated citations and orders (under Section 104(b) 104(d) 104(g) or 107(a) of the Mine Act) issued per 100 inspection hours during the most recent 12 months.A rate of eight or more S&S citations/orders issued per 100 inspection hours during the most recent 12 months OR the degree of negligence for at least 25 percent of the S&S citations/orders issued during the most recent 12 months is “‘high” or “reckless disregard.”.At least 50 citations/orders for S&S violations issued in the most recent 12 months.Mines that meet all the criteria in either set will be further considered to determine whether the mine operator should be issued a Notice of Pattern of Violations. The following two sets of screening criteria are used to perform the review required under 30 CFR §104.2. ![]() POV Determination ProcessĪt least once a year, MSHA reviews the violation and injury history of each mine to determine whether any meet the established criteria to have a Pattern of Violations. ![]() In 2013, MSHA issued a final rule to improve the agency’s effectiveness in implementing its POV authority, found in the 1977 Mine Act, simplifying criteria and ensuring consistency in applying 30 CFR Part 104. An S&S violation is one that is reasonably likely to result in a serious injury or illness. The Pattern of Violations (POV) is used by MSHA to identify mine operators who have demonstrated a recurring pattern of Significant and Substantial (S&S) violations of mandatory health and safety standards at their mines.
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