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Non-S&S Citations Can Lead To Section 110c Proceedings

Published Friday, February 01, 2008

A recent special investigation out of the MSHA Southeast District Office led to some surprises for a mine operator. The company had received two Section 104(d) “unwarrantable failure” citations/orders in a non-accident matter, and the operator assumed that this was the purpose of the special investigation. However, once the special investigator got started, it became apparent that he was also including a Section 104(a) citation, issued in relation to a Part 46 annual refresher training alleged violation. That citation was classified as “non-S&S” (no likelihood of injury, no lost workdays) but had been rated as “high negligence.” When ...

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