NIOSH Testimony on Pattern of Violations by R. W. Niemeier, August 30, 1989.
NIOSH 1989 Aug:10 pages
This testimony concerns the support of NIOSH for the Mine Safety and Health Administration's (MSHA's) proposal of a rule for identifying Pattern of Violations. The Mine Act places the burden of preventing a pattern of violations from occurring on the mine operator. NIOSH supports MSHA in giving special consideration to sections dealing with closure orders and imminent danger orders in the initial screening of compliance records of mines. The proposed rule addresses the identification of a pattern of violations. NIOSH considers the identification of such a pattern to be of crucial importance. MSHA should consider the development of a system for determining pattern violations based on sound statistical data and methodologies similar to that proposed in 1980. NIOSH does not consider the concept of maintaining substantial flexibility in selecting pattern violators an appropriate mode of operation because the identification of a pattern of violations has a great potential adverse impact both on the health and safety of the miners and the economics of the operation. MSHA should annually review the criteria to be used for identifying a pattern violator and should publish the criteria that will be in effect. Comments are also included on linkage of accidents to violations, and termination of notice.
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