New MSHA internal citation assessment rule takes effect

A new rule from the Mine Safety and Health Administration that changes internal regulations to automate the determination of penalty amounts when mine operators fail to immediately report an accident went into effect this week.

Failure to immediately contact MSHA within 15 minutes of learning an accident has occurred is now cited using the following categories:

• Death of an individual at the mine
• Injury of an individual that has the potential to cause death
• Entrapment of an individual that has the potential to cause death
• Any other accident

Originally issued in December as a direct final rule with an identical proposed rule, MSHA would have dropped the final rule and proceeded with the proposed rule if the agency had received "significant adverse comments," but it did not.