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How to Deal with MSHA’s New Pattern of Violations Rule

By Ross Watzman & Henry Chajet

On Jan. 17, 2013, MSHA announced a final rule revising MSHA’s Pattern of Violations (POV) regulations in 30 C.F.R. Part 104. According to MSHA, “the final rule simplifies the existing POV criteria, improves consistency in applying the POV criteria, and more effectively achieves the Mine Act’s statutory intent.” The catch? The final rule, which takes effect in March, allows MSHA to issue a POV notice without first issuing a Potential POV (PPOV) notice and review (thus eliminating the 90 day improvement period) and eliminates the existing requirement that MSHA must consider final orders in its POV review.

Read more: How to Deal with MSHA’s New Pattern of Violations Rule