Akin & Smith, LLC | Mine Safety and Health Act of 1977

Mine Safety and Health Act of 1977

Although mine operators have been subject to federal regulation for nearly a century, the Mine Safety and Health Act of 1977 has significantly improved the safety of mining. Mining accidents, particularly mining fatalities, have dramatically decreased since the passage of the Act, the purpose of which is to protect the lives of miners and to prevent injuries.

The Act requires the Department of Labor to develop and enforce mandatory safety and health standards for all mining and mineral processing operations in the United States. Size, number of employees, or method of extraction do not matter. The Act covers small gravel pits in addition to extensive coal mines. Within the Department of Labor, the Mine Safety and Health Administration (MSHA) was created to enforce the Act.

Under the Act, MSHA must conduct four annual inspections of all underground mines and two annual inspections of all surface mines. During these inspections, MSHA must ensure that the operators are complying with all health and safety regulations set forth by MSHA. Inspectors are required to issue a civil citation for each heath and safety standard violation that they find. Operators may be fined up to $55,000 per violation. MSHA sets the penalties, according to a formula. Violations that are not reasonably likely to cause reasonably serious injury and that are promptly corrected are usually assessed a single $ 55 penalty. The penalties for other types of violations are set by the MSHA's Office of Assessment according to a formula that considers the following factors:

History of prior violations,
Size of the operator's business,
Negligence by the operator,
Gravity of the violation,
The operator's good faith in attempting correction, and
Effect of the penalty on the operator's ability to stay in business.

Because operators may not always be properly penalized under the above formula for certain accidents that result in serious injuries or fatalities, the MSHA may waive the formula and make an independent assessment.

Although most of the civil penalties are assessed against the operators of mines, their agents may also be fined in cases where they knowingly caused or permitted a violation. Furthermore, miners themselves may be penalized if they violate the no smoking rules of the Act.

In addition to civil penalties, criminal sanctions may be issued against operators who willfully violate health and safety standards. The MSHA is also authorized to order the withdrawal of miners from a mine or a portion of a mine if their lives are in danger, if the operator has failed to correct an earlier-identified problem, or to protect miners immediately after an accident.