New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.11 - FAILURE TO PROVIDE TIMELY NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state mine inspector shall impose a
				civil penalty of up to one hundred thousand dollars ($100,000) on the operator
				of a mine if it is determined that the operator failed to give immediate notice
				as required in
				19.6.2.10
				NMAC. The inspector may waive imposition of the civil penalty at any time if
				the inspector finds that the failure to give immediate notice was caused by
				circumstances outside the control of the operator.
B. In determining the amount of the penalty,
				the inspector shall consider all relevant factors including whether notice was
				provided at all to the inspector or, if notice was provided, the lateness of
				such notice and the seriousness of the accident. The inspector shall utilize
				the penalty structure approved by the mining safety board.
(1) Penalty points for coal mining operators
				based on coal production.
Annual tonnage of coal mine failing to
								provide timely notice
Penalty points
0 to 15,000
0
Over 15,000 to 30,000
1
Over 30,000 to 50,000
2
Over 50,000 to 100,000
3
Over 100,000 to 200,000
4
Over 200,000 to 300,000
5
Over 300,000 to 500,000
6
Over 500,000 to 800,000
7
Over 800,000 to 1.1 million
8
Over 1.1 million to 2 million
9
Over 2 million
10
(2)
				Penalty points for coal mining operators based on the coal production in New
				Mexico of the controlling entity.
Annual tonnage of coal produced in New Mexico
								of controlling entity
Penalty points
0 to 100,000
0
Over 100,000 to 700,000
1
Over 700,000 to 1.5 million
2
Over 1.5 million to 5 million
3
Over 5 million to 10 million
4
Over 10 million
5
(3)
				Penalty points for metal/non-metal operators based on hours worked.
Annual hours worked at a M/NM mine failing to
								provide timely notice
Penalty points
0 to 10,000
0
Over 10,000 to 20,000
1
Over 20,000 to 30,000
2
Over 30,000 to 60,000
3
Over 60,000 to 100,000
4
Over 100,000 to 200,000
5
Over 200,000 to 300,000
6
Over 300,000 to 500,000
7
Over 500,000 to 700,000
8
Over 700,000 to 1 million
9
Over 1 million
10
(4)
				Penalty points for metal/non-metal operators based on annual hours worked in
				New Mexico by controlling entity of a M/NM mine.
Annual hours worked in New Mexico by
								controlling entity of a M/NM mine
Penalty points
0 to 60,000
0
Over 60,000 to 400,000
1
Over 400,000 to 900,000
2
Over 900,000 to 3 million
3
Over 3 million to 6 million
4
Over 6 million
5
(5)
				Penalty points based on operator negligence.
Negligence
Categories
Penalty points
Persons endangered
No endangerment
Low negligence - The operator failed to report the
								accident within the required 30 minutes but did report within one hour.
10
5
Moderate negligence - The operator failed to report
								the accident for more than one hour and less than four hours.
15
7
High negligence - The operator failed to report the
								accident for more four hours and less than 12 hours.
20
10
Reckless disregard - The operator failed to report
								the accident for greater than 12 hours, or the operator was previously fined
								for failure to report an accident within one year of the occurrence.
25
12
(6)
				Points based on type of accident.
Type of accident
(as prescribed in
								Subsection A of 69-8-2 NMSA 1978.
There could be more than
								one
c
ategory where the penalty points are accrued i.e.,
								a fire at a mine that burns for more than 30 minutes and results in a fatality,
								would equal 40 penalty points.
Penalty points
Persons endangered
No endangerment
Fatality
25
N/A
An injury at a mine that has a reasonable potential
								to cause death
20
N/A
An entrapment of an individual that has a
								reasonable potential to cause death
10
N/A
An unplanned inundation of a mine by a liquid or
								gas
10
5
An unplanned ignition or explosion of gas or
								dust
15
5
An unplanned mine fire not extinguished within 10
								minutes of discovery in an underground mine or 30 minutes at a surface facility
								of an underground mine
15
7
An unplanned ignition or explosion of blasting
								agent or explosive
20
10
An unplanned roof fall at or above the anchorage
								zone in active workings where roof bolts are in use; or, an unplanned roof or
								rib fall in active workings that impairs ventilation or impedes passage.
10
N/A
A coal or rock outburst that causes withdrawal of
								miners or which disrupts regular mining activity for more than one hour.
15
N/A
An unstable condition at an impoundment, refuse
								pile, or culm bank which requires emergency action in order to prevent failure,
								or which causes individuals to evacuate an area; or, failure of an impoundment,
								refuse pile, or culm bank.
10
N/A
Damage to hoisting equipment in a shaft or slope
								which endangers an individual.
10
N/A
An event at a mine that causes death or bodily
								injury to an individual not at the mine at the time the event occurs
20
N/A
(7)
				Penalty amounts based on total points.
Penalty conversion table
Penalty points
Penalty
0 to 15 points
$5,000
16 to 25 points
$10,000
26 to 35 points
$20,000
36 to 45 points
$50,000
46 to 55 points
$65,000
56 to 65 points
$85,000
66 to 70 points
$95,000
71 or more points
$100,000