In January, I wrote about the Mine Improvement and New Emergency Response Act of 2006 (the MINER Act) and the impact that it would have on civil penalty assessment. Well, the changes are upon us. Effective April 2007, MSHA implemented the new civil penalty provisions. The assessment criterion has two significant impacts on the industry. First, the days of $60 “single” penalty assessments for “non-significant and substantial” violations are gone. Second, operators of large mines, those who repeatedly violate the same standard, and those whose violations involve high degrees of negligence or gravity will feel the pinch of higher penalties.
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Reprinted with permission from Coal Age Magazine