The Mine Safety and Health Administration (MSHA) announced that in 2024, no U.S. mines met the Pattern of Violations (POV) criteria for the first time since 2021. As 2025 begins, industry stakeholders are evaluating what this development means for enforcement strategies, safety regulations, and long-term compliance.

The 200 mines with the most significant and substantial (S&S) violations have experienced a 15% reduction in these violations over the past two years. Additionally, total violations decreased by 10%, and elevated enforcement actions dropped by 26%. These figures suggest that efforts to improve compliance have had measurable success across the industry. Despite overall improvements, two US mines remain under POV notices and have received numerous withdrawal orders and enforcement actions to address ongoing safety concerns.

What is the Pattern of Violations (POV) Designation?

The POV status is one of MSHA’s most stringent enforcement tools, designed to identify mines with a history of repeated and serious safety violations. A POV designation means that a mine has shown a pattern of significant and substantial violations that pose a serious risk to miners’ health and safety.

Section 104(e) of the Mine Act is a critical enforcement provision used by MSHA to address mines with a POV. It’s key provisions include:

  • If a mine is identified for POV, inspectors can immediately issue withdrawal orders for any area where an S&S violation is found. This means that miners must be removed from the affected area until the violation is corrected.
  • Normally, MSHA issues a 104(a) citation for a violation before escalating enforcement. Under 104(e), mines lose this initial warning step, meaning any new S&S violation automatically leads to a withdrawal order.
  • A mine can be removed from 104(e) enforcement after undergoing a full MSHA inspection with no S&S violations or after making sustained compliance improvements.

MSHA determines a mine’s eligibility for POV designation using detailed compliance records and violation history. The agency assesses a mine’s track record based on several key criteria, including the frequency and severity of significant and substantial (S&S) violations, the operator’s history of failing to correct hazards, and the extent of any previous enforcement actions.

MSHA provides two online tools to assist mine operators in tracking compliance. The POV Calculator helps operators assess their performance against POV screening criteria and notifies them when corrective actions are necessary, while the S&S Calculator allows operators to monitor their S&S violations. It is the responsibility of mine operators to track their violation and injury records to determine if corrective measures are needed to avoid triggering the POV screening criteria.

The fact that no mines met the POV criteria in 2024 suggests that the combination of regulatory oversight, industry efforts, and compliance programs has had a positive effect. This result indicates that mine operators have taken steps to address long-standing safety concerns before reaching the threshold for POV designation.

What does this mean for 2025?

MSHA’s enforcement approach in recent years has relied on data-driven inspections, targeted compliance assistance, and training programs designed to help mines avoid POV designations. If these strategies remain a focus in 2025, the improvements seen in 2024 may continue.

A key consideration for 2025 is how MSHA’s leadership changes will influence enforcement priorities. President Donald Trump has nominated Wayne Palmer to lead MSHA, who previously served as a deputy within the agency during Trump’s first term.

This leadership change raises pertinent questions about the future of MSHA’s enforcement and regulatory strategies:

  • Regulatory approach: Will the new administration maintain the proactive enforcement measures that have contributed to recent safety improvements, or will there be a shift towards deregulation and increased industry collaboration?
  • Policy revisions: Given Palmer’s association with industry groups challenging specific MSHA rules, there may be potential revisions to existing regulations, particularly those impacting operational practices and compliance requirements.

While recent data suggests significant progress, sustaining these improvements will require continued attention from both regulators and mine operators. The path forward in 2025 will largely depend on how regulatory policies evolve and whether the industry maintains the commitment to safety and compliance that has contributed to recent success.

For more information on POV designations and how to improve your site safety, visit Carroll Technologies.