It is, therefore, more critical than ever to have a plan in place establishing procedures for mine personnel, primary and alternates, to make an immediate report to MSHA in the event of an accident. Mine operators should also ensure their site personnel are trained and re-trained on the new accident reporting requirements and mandate and make it a company rule that the instant a member of management thinks an event might meet MSHA’s revised 15-minute reporting requirement, notify MSHA. On the other hand, if one believes MSHA has improperly cited the mine for allegedly violating Section 50.10, engage the agency in some thoughtful discussion, and seek counsel. Although MSHA is serious about aggressively enforcing the 15-minute notification requirement, it is our recent experience that having poorly written citations vacated remains a possibility.

Peter S. Gould is an associate at Patton Boggs LLP. He advises clients on administrative law matters and complex litigation, with a focus on environmental, heath, safety, and land use. Gould may be reached via phone at 303-894-6176 or via e-mail at pgould@pattonboggs.com .