How to calculate ppm if number is repeating
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Violations shall be cited by the inspector, giving the operator time for abatement of the violation(s). Section 104(a) is a major tool for obtaining compliance with the Act, and the mandatory health or safety standards, rules, orders, or regulations. For example, an order asserting a violation of 75.220(a)(1) because entries were driven at widths exceeding the roof control plan minimum distance may be considered for flagrant classification with two prior 75.220(a)(1) violations cited because roof bolts were not inserted at distances specified in the roof control plan.ĭistrict Managers may recommend violations that do not meet the reckless or repeated failure criteria above, but which meet the broader statutory definition of a flagrant violation, for classification as flagrant. However, the prior violations need not cite the same distinct hazard. Prior violations must be of the same subsection of the standard cited (e.g.
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This includes violations cited previously on the same day or during the same inspection.
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The MINER Act defines a flagrant violation as “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.” The Mine Improvement and New Emergency Response Act of 2006 (MINER Act) provides for the assessment of a significant civil penalty for a flagrant violation. INTERPRETATION AND GUIDELINES ON ENFORCEMENT OF THE 1977 ACT