Laserfiche WebLink
ORDERS OF WITHDRAWAL <br />Yeu are hereby ordered to cause immediately all persons, except <br />those permitted under Section 103Q), 103(k) and/or 104(c) of the <br />Federal Mine Safety and Health Act of 1977, to be withdrawn from, <br />and to be prohibited from, entering the area of the mine described <br />hereon until an Authorized Representative of the Secretary <br />determines that the danger(s) and its causes no longer exist, the <br />violation(s) of the mandatory health or safety standards have <br />been abated or the emergency has been eliminated. <br />Section 104(b) -Failure to abate a 104(a) or (d)(1) violation in <br />the time period given. <br />Section 107(a) -Order-imminent danger. <br />Section 103Q) -Order-to supervise and direct rescue and <br />recovery work following an accident. <br />Section 103(k) -Order-ensures safety of persons following an <br />accident and requires approval of recovery <br />plan. <br />CITATIONS <br /> Pursuant to the Federal Mine Safety and Healih Act of 1977, the <br />Section 104(d)(1) -Unwarrantable failure violation-subsequent undersigned Authorized Representative of the Secretary upon <br />to 104(a)(1) citation during same inspection making an inspection or an investigation of the hereon designated <br />or within 90 days after issuance of 104(d)(1) mine on this date finds/believes that the following condition or <br />citation. practice exists, or has existed, in the mine area or on the <br /> equipment described hereon. <br />Section 104(d)(2) -Unwarrantable failure violation-subsequent to <br />issuance to 104(d)(1)orcter-subsequent <br />inspection-no intervening inspection of the Section 104(a) -Violation of the Act, mandatory health or <br />mine in its entirety, which has disclosed no safety standard, rule, order or regulation. <br />further unwarrantable failure v'~olation. <br />Section 104{e){1) -Pattern of violations order-within 90 days Section 104(d)(1) -Unwarrantable failure-could significantly and <br />substantially contribute io a health or safety <br />after 104(e)(1) pattern notification-violation hazard. <br />that could significantly and substantially <br />contribute to a health or safety hazard. <br /> Section 104(f) -Citation-exceeding respirable dust standard <br /> at underground mines. <br />Section 104(e)(2) -Pattern of violations order-violation that <br />could significantly and substantially <br />contribute to a health or safety hazard- <br />subsequent to issuance of 104(e)(1) order- <br />subsequentinspection - no intervening <br />inspection of mine in its entirety which has <br />disclosed no further such violations. <br />Saction 104(f) -Order-failure to comply with respirable <br />dust standard by [he end of time given in <br />104(f) citation at underground mines. <br />Section 104(8)(1) -Order-untrained miners. <br />NOTICE TO PROVIDE SAFEGUARDS <br />[Coal Mines Only) <br />Section 314(b) -Notice to provide safeguards-additional <br />requirements necessary in the judgment of <br />an authorized representative to minimize <br />hazards with respect to transportation of men <br />and/or materials. Upon issuance of the <br />safeguard notice, the additional <br />requirement(s) is enforceable under Section <br />104 of the Ad. <br />SAFETY AND HEALTH CONFERENCE <br />Operators and representatives of miners are afforded the <br />opportunity to review with MSHA each citation and order issued <br />during an inspection. Upon notice by MSHA, all parties have 10 <br />days within which to submit additional information or request a <br />safety and health conference with the District Manager or his <br />designee. A conference request may include a request to be <br />notified of, and participate in, a conference initiated by another <br />party. <br />"SIGNIFICANT AND SUBSTANTIAL" VIOLATIONS <br />By checking the "significant and substantial" block, the inspector <br />has indicated that, based upon the particular facts surrounding the <br />violation, there exists a reasonable likelihood that the hazard <br />contributed to will result in an injury or illness of a reasonably <br />serious nature. Only "significant and substantial" violations can be <br />considered in determining whether a pattem of violations exists. <br />Reverse MSHA Farm 7000-3, Mar 85 (revised) <br />