MSHA creates Conference Litigation and Investigative Resources group

MSHA recently created its Conference Litigation and Investigative Resources (CLIR) group to help the regulated community comply with safety and health requirements and reduce litigation financial burden on mine operators.

The creation of the CLIR group, as a headquarters-directed group, changed the structure of alternative case resolution procedures. The CLIR group will include both Conference Litigation Representatives and Special Investigators. Conference Litigation Representatives and Special Investigators will no longer report to District Managers.

The agency expects the new structure to result in more 30 CFR Part 100 Conferences that will ultimately reduce the litigation cost to operators. A core purpose of this part is to provide a fair and equitable procedure for determining penalties, and to maximize incentives for mine operators to prevent and correct hazardous conditions.

CLIR group will oversee process for most citations

District Managers previously had the authority to approve safety and health conferences and any modifications to violations discussed at the conferences. MSHA said this practice often resulted in widespread inconsistencies in how similar situations were handled across districts, which affected how operators approached their compliance with MSHA standards.

The CLIR group will now oversee this process for most citations and orders issued to operators but will not grant conferences for cases that involve accidents, fatalities, or complex legal issues.

How to request a safety & health conference

Mine operators can request a Part 100 Safety and Health Conference regarding any citations they receive during an inspection they believe were issued in error or characterized incorrectly.

Under Section 100.6 of the Federal Mine Safety and Health Act of 1977, mine operators have 10 days from the day they received a citation to request a safety and health conference with the CLIR group. The request must be in writing and provide a reason why each citation or order should be reviewed.

The CLIR group has the authority to grant conference requests and to modify citations if facts warrant. Once completed, citations and orders discussed during the conference are referred to MSHA’s Office of Assessments for a proposed penalty.

Mine operators retain the right to contest any violation before the Federal Mine Safety and Health Review Commission (FMSHRC).

Operators can also contact MSHA for information about compliance assistance resources and free help on complying with MSHA standards.