The Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) contains some surprising provisions. Safety and health professionals should note that MSHA reporting obligations for any covered entity that is a mine operator, or has a subsidiary that is a mine operator, of a “coal or other mine", are included.

In each periodic report that is filed with the Securities and Exchange Commission (SEC), the company will be required to report the following mine safety data in all periodic reports:

• the number of “significant and substantial” (S&S) citations from MSHA;
• the number of 104(b) orders; 
• the number of unwarrantable failure actions;
• the number of flagrant violations;
• the number of imminent danger orders;
• the dollars in proposed assessments; and
• all mining-related fatalities.

The legislation also requires filing companies to list mines that receive a pattern of violations notice, or have the potential for a pattern. Finally, all legal actions pending before the Federal Mine Safety and Health Review Commission must be reported.

In the following circumstances a covered company will be required to affirmatively file and report on Form 8-K:

• receipt of an imminent danger order shutting down the mine or part thereof;
• receipt of a pattern of violations notice; and
• receipt of the potential for a pattern of violations notice.

These reporting provisions take effect 30 days after enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

This entry was written by Thomas Benjamin Huggett.

Photo credit: Ramy Majouji