The bulletin targeted miners who require MSHA approval following violations and stated the tools MSHA makes available to assist mine operators in monitoring compliance.
The bulletin aimed to establish and implement corrective actions at a mine to reduce significant and substantial violations that could lead to pattern of violations sanctions.
The bulletin said: “a CAP must: contain concrete, meaningful measures to reduce significant and substantial violations, be specifically tailored to the mine’s compliance problems and contain achievable benchmarks and milestones for implementation.”
All of these measures must then be submitted to the MSHA for approval.
Mine operators were encouraged to develop and implement CAPs prior to meeting the patterns of violations screening criteria.
In January 2013, MSHA published a final rule revising the agency’s pattern of violations rule.
According to the prelude to the rule, mine operators approaching POV status have the opportunity to implement a CAP.
If miners approaching POV status have issued a CAP, the MSHA have pledged to take this into consideration when issuing POV notices.
Once a mine operator receives a POV notice, for each subsequent serious and substantial violation MSHA will issue an order withdrawing miners from the affected area until the cited condition has been corrected.
