From the Assistant Secretary's Desk —MSHA's Pattern of Violations reforms: A game changer in mine safety and mine safety culture
Soon after taking the Assistant Secretary’s job at MSHA, I directed the implementation of sweeping reforms to the Pattern of Violations (POV) provisions contained in the 1977 Mine Act.
That law authorized MSHA to issue POV notices to mine operators that exhibit a pattern of significant and substantial (S&S) violations, demonstrating a disregard for the health and safety of miners. A POV notice, one of the toughest enforcement actions in the Mine Act, is reserved for mines that pose the greatest risk to the safety of miners.
When I arrived at MSHA, no mine had ever been placed on a Pattern of Violations in the agency’s over-30 year history. That has since changed, and miners’ safety has improved as a result.
The reforms that we implemented were driven in part by shortcomings identified in the aftermath of the 2010 Upper Big Branch coal mine explosion, which killed 29 miners. A refined POV screening process allowed the agency to better target chronic violators and added tougher requirements for mines identified as potential pattern violators.
Consequently, in 2011, two mines were designated as the first operations to be subject to the full measure of the law. The rule at that time contained a potential pattern of violation process (PPOV) step that allowed mine operators additional time to avoid a POV. That year, MSHA also proposed a new and tougher POV rule that aligned it with the original intent of Congress. The rule was finalized in January 2013, eliminating the PPOV step.
The law provides that, within 90 days after a mine is issued a POV notice, a withdrawal order will be issued for any significant and substantial violation MSHA inspectors find – removing miners from affected areas until the violation is corrected. The POV notice stays in place until an inspection of the entire mine results in no S&S violations.
After the 2010 reforms, 30 mines were placed on a PPOV. With the latest notice delivered to the Revenue mine in Colorado last week, seven mines have now been placed on a POV.
Data show that these reforms, in combination with other agency efforts such as the impact inspection program, have led to significant reductions in the universe of chronic violators, have prompted operators with troubled compliance records to improve their safety and health programs, and have resulted in much safer mines in our nation. In short, these reforms accomplished what members of Congress had sought decades earlier when they enacted the 1977 Mine Act.
POV reform results
At least once a year, MSHA conducts a POV screening that includes the violation and injury records of all of the more than 14,000 mines that the agency inspects.
The number of mines identified as chronic violators has substantially declined. In 2010, when we first used the revised Potential Pattern of Violations screening tool, 51 mines were identified for further review. Using the same measuring stick, 12 mines were identified in this year’s screening – a 76% reduction in the universe of chronic violators. The most significant reduction was in the coal sector, which accounted for 42 screened mines in 2010, but only 6 in the recent 2014 screening - an 86% reduction.
The unacceptable violation records once held by the top chronic violators such as Upper Big Branch are becoming a thing of the past. The top 12 of the 51 mines identified in the 2010 screening had been cited for 5,431 total violations, 2,050 of which were S&S violations. In contrast, the 12 mines identified in 2014 had been cited for 1,952 total violations, 857 of which were S&S violations. This is a 64% reduction in total violations and a 58% reduction in S&S violations.
Mines undergoing the POV process have significantly improved compliance and injury rates. We have measured the effectiveness of these reforms on mines undergoing the PPOV and POV process by comparing the results of mine inspections 6 months prior to the POV and PPOV actions to inspection results following the action. Since 2010, among the mines that were placed on POV or went through the potential POV process under the prior rule, the number of S&S violations has dropped by 62%, total violations fell by 38%, and, notably, unwarrantable failure violations dropped by 81%. In addition, the operator-reported rate of lost-time injuries in these mines went down 48%.
The POV actions, coupled with the special "impact" inspection program I began in 2010 targeting troubled mines, and other actions have sent a message that chronic violator behavior will no longer be tolerated, and has elevated the safety culture in the nation’s mines.
Data also indicate that MSHA’s actions have driven better compliance well beyond the mines evaluated for POV. Between the 2010 and 2014 screenings, there was a 30% drop in S&S violations among the top 200 mines ranked by S&S issuances. Those mines also saw a 24% drop in total violations and a 27% drop in elevated enforcement actions such as closure orders for imminent dangers or unwarrantable failures to comply with health and safety standards.
To help mines comply with the POV law we created tools and posted them to the MSHA website, allowing mines to continuously monitor their own compliance records so they can take proactive measures to comply with the Mine Act should they approach a POV. It is their responsibility to keep track.
Most of the 14,000 mines MSHA inspects each year have safety and health programs in place and POV enforcement action is not an issue. That should be the standard for all mines. With the monitoring tools we have made available to the mining industry, there is no reason for any mine to receive a POV sanction - particularly if they are genuinely proactive after realizing they have started down the wrong compliance path.
While we can't measure how many lives have been saved, or how many illnesses and injuries have been prevented, we do know these reforms have worked to make mines safer and made a real difference in the safety, health and wellbeing of our nation’s miners. That's what really counts.