MSHA HANDBOOK SERIES - PH13-V-1 - Mine Safety and Health ...

COAL MINE SAFETY AND HEALTH
GENERAL INSPECTION PROCEDURES HANDBOOK CHAPTER 2
1. at the portal of the mine if the entire mine is closed;
2. at the entrance to the section if a section is closed; or
3. on the controls of equipment involved in the order.
The “CLOSED” poster shall be hung as soon as possible after informing the mine
operator or contractor that an order is being issued. However, when issuing a Section
107(a) Imminent Danger Order of Withdrawal, do not delay the removal of miners
from the affected area(s), or stopping the condition or practice before hanging the
closure tag. Upon termination of the order, the inspector shall remove the
“CLOSED” poster(s).
L. Proposed Modification to Safety Standards. A citation shall be issued when a mine
operator has failed to comply with any safety standard, even though a petition for
modification has been filed and a decision on the petition is pending before the
Administrator. (Refer to Section 108 in Volume I of the PPM for further guidance.)
M. Section 108 - Injunctive Relief Procedures. An injunction is an order from a court
demanding that a person do something (e.g., allow entry) or refrain from doing
something (e.g., working against an order of withdrawal). The failure or refusal to
comply with any type of injunction can be punishable by a contempt-of-court charge.
Inspectors should notify their supervisor when the mine operator or his or her
representative:
1. Violates, fails, or refuses to comply with any order or decision issued under the
Mine Act;
2. Interferes with, hinders, or delays the inspector in performing any of his or her
official duties;
3. Denies entry onto mine property;
4. Refuses to permit inspection of the mine by the inspector or investigation of an
accident or occupational disease occurring on mine property;
5. Refuses to provide information or reports requested for the purpose of carrying
out provisions of the Mine Act; or
6. Refuses to permit access to or copying of records requested for the purpose of
carrying out provisions of the Mine Act.
When any of these circumstances arises and cannot be remedied by communication
with the operator, discuss it with your supervisor immediately to determine if
injunctive action may be appropriate. Additionally, if one of the above situations is
Release 1 (February 2013) 2-11