ISSUE DATE: 

PROGRAM INFORMATION BULLETIN NO. P09-05 

FROM: KEVIN G. STRICKLIN

Administrator for Coal 

Mine Safety and Health 

NEAL H. MERRIFIELD for

 Acting Administrator for Metal and 

Nonmetal Mine Safety and Health 

SUBJECT: Part 100 Safety and Health Conference Procedures

Scope

This Program Information Bulletin (PIB) applies to mine operators; miners and miners’ 

representatives; independent contractors; Mine Safety and Health Administration 

(MSHA) District Managers, Assistant District Managers, and Conference and Litigation 

Representatives (CLRs); and other interested parties. 

Purpose

The purpose of this PIB is to inform mine operators and independent contractors of the 

discretion of District Managers and CLRs to defer safety and health conferences, under 

30 C.F.R. § 100.6, until after civil penalties have been proposed and timely contested. 

Information

Requests for safety and health conferences under 30 C.F.R. § 100.6 must be in writing 

and must include a brief statement of the reason why each citation or order should be 

conferenced. Failure to provide the brief written statement is a basis for denying a 

conference request. 

A request for a safety and health conference will be granted at the discretion of the 

District Manager or his or her designee. 

If granted, the conference will be scheduled in most cases after the civil penalties have 

been proposed and MSHA has received a timely notice of contest. 
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Thereafter, the CLR assigned to the matter will notify operators and miners’ 

representatives, if applicable, of the date, time, and location of the conference to discuss 

all contested violations and their associated penalties. Failure to timely contest the 

proposed penalties generally will result in the conference being cancelled. 

Operator participation in a conference does not waive any rights to a hearing before the 

Federal Mine Safety and Health Review Commission (Commission). However, 

deferred conferences will provide an opportunity to have more meaningful discussions 

and to resolve contested violations and their associated civil penalties at the same time. 

In order to allow sufficient time for the conference process and to save operators the 

burden and expense of filing an answer, the CLR will file a letter with the Commission 

requesting a 90-day extension of time from the original due date for filing a petition for 

the assessment of the civil penalty in this case. If a settlement is reached as a result of 

this conference, the CLR will file a Petition for Assessment of Civil Penalty and a Motion for 

Decision and Order Approving Settlement with the Commission. 

The benefit of this new conference procedure is a savings to operators and MSHA of 

time and expense without engaging in litigation. With this in mind, operators should 

carefully consider the violations to be discussed in order to narrow the scope of the 

conference and facilitate a more meaningful and efficient conference. 

Background

The contest rate has increased substantially since the implementation of the Mine 

Improvement and New Emergency Response Act of 2006 (MINER Act) and revisions to 

30 CFR part 100. District Managers and their designees have authority to defer 

settlement conferences to more efficiently resolve as many issues and as many cases as 

possible without the need for a hearing before the Commission. 

Authority

The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 801 et seq.; 

and 30 CFR part 100. 

Internet Availability

This PIB may be viewed on the Internet by accessing MSHA’s home page at 

www.msha.gov then choosing “Compliance Info” and then “Program Information 

Bulletins.” 

Contact Persons

Coal Mine Safety and Health 

Special Assistant to the Administrator 

Melinda Pon (202) 693-9516 

E-mail: Pon.Melinda@dol.gov
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Metal and Nonmetal Mine Safety and Health 

Chief, Division of Safety and Health 

William W. Wilson, (202) 693-9643 

E-mail: Wilson.William@dol.gov

Distribution

MSHA Program Policy Manual Holders 

Underground and Surface Mine Operators 

Independent Contractors