Part 100

Part 100 of 30 CFR
Criteria and Procedures for Proposed Assessment of Civil Penalties
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Introduction
Part 100 outlines the specific criteria and procedures that MSHA uses to determine the appropriate civil penalties. There is no longer a single penalty assessment. The penalty amount for citations uses the “regular assessment” formula. The “regular assessment” formula is found in 30CFR, Part 100. The regular assessment formula uses a “penalty point” system to calculate the dollar amount of the fine. MSHA was given a directive by Congress through Section 105 (b) and Section 110 (i) to take specific factors into account to determine the dollar amount of any assessment. To make this determination, six criteria are weighed separately, and each is assigned a point value. These points are added, and the resulting total is used as a reference to determine of the dollar amount of the assessment. The higher the total point value, the higher the fine. As Congress required, the six criteria that are used to make this determination are:
1. The appropriateness of the penalty to the size of the operation.
2. The operator’s history of previous violations and repeat violations.
3. The degree of operator negligence.
4. The gravity of the violation.
5. The demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation.
6. The effect of the penalty on the operator’s ability to continue in business.
Point values from each of these categories are added together, and then a reference chart is used to determine the size of the assessment. The tables for each of these are found in Part 100. Total point values for each regular assessed citation can range from less than 60 ($112 fine) to 140 ($60,000 fine).