MSHA Issues Closure Order for Failure to Pay Nearly $400,000 in FinesMSHA Issues Closure Order for Failure to Pay Nearly $400,000 in Fines
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Thursday, May 7, 2009 |
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The
U.S. Department of Labor's Mine Safety and Health Administration (MSHA)
has issued a closure order under Section 104(b) of the Mine Safety and
Health Act of 1977 (Mine Act) to Snapco Inc. of Buchanan County, Va.,
after the mine operator failed to pay $396,576.84 in delinquent
penalties and then ignored a demand to correct the failure. The order
closes production at the company's Mine Number 2; the penalties stem
from at least 360 violations cited at that operation.
"When mine
operators fail to meet their legal obligations, MSHA must take
appropriate action," said Michael A. Davis, MSHA's deputy assistant
secretary for operations. "This company had been given every
opportunity to pay its fines and was warned that failure to pay could
lead to a closure order."
In a letter dated April 3, MSHA,
through counsel, formally demanded that Snapco Inc., pay its delinquent
penalties. The parties engaged in some discussion, but Snapco Inc.,
failed to make suitable arrangements to pay its penalties. MSHA issued
the citation on April 16, and when it became evident that the operator
would not address the violations, MSHA issued a closure order on April
22.
This underground coal mine operator also recently received
notice of a potential pattern of violations. On March 16, MSHA notified
Snapco Inc. that it had a potential pattern of violations of mandatory
health or safety standards under Section 104(e) of the Mine Act at its
Mine Number 2. If Snapco Inc. reopens, the company will be required to
significantly reduce its violation frequency rate or face issuance of a
Notice of a Pattern of Violations. Such notice would result in MSHA
issuing an order to withdraw miners from the affected area until the
cited condition is corrected each time a significant and substantial
violation is found at the mine.
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