More than once recently, I have been asked about the Mine Safety and Health Administration's (MSHA) case backlog. Mine operators have been contesting citations and proposed penalties in large numbers. Some operators are contesting every penalty they receive. The government complains this bogs down the system. They ask what is behind these operator contests. A better question might be, why are so many citations and penalties being issued? The government believes more citations and higher penalties force operators to run safer mines. How high does a penalty have to be? One former head of the penalty assessment office used to say: "If operators are not contesting, the penalties are not high enough."
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