2.  Published on 7/31/14  Stated Goals ◦ Simplify the process ◦ Increase consistency and objectivity ◦ Improve compliance ◦ Earlier citation resolution

3.  The most significant change  MSHA proposes a reduction to 3 categories: (1) Not Negligent; (2) Negligent; or (3) Reckless Disregard  Only test is whether the Operator/Contractor “knew or should have known”  No role for “mitigation” in the revised definitions except to avoid reckless disregard  The Weight of Negligence is projected to increase from 30.1% to 39.3% of penalty  “Mitigation” will still be a factor for “Unwarrantable Failure” Citations/Orders

4.  Proposal reduces the four existing categories of severity of injury or illness to three: (1) No Lost Workdays; (2) Lost Workdays or Restricted Duty; or (3) Fatal  Eliminates the Permanently Disabling category  The Weight of severity is projected to slightly increase from 12.2% to 17% of the penalty

5.  The proposal would reduce the existing five categories of Likelihood of the occurrence of an event to three: (1) Unlikely; (2) Reasonably Likely; or (3) Occurred. Combines No Likelihood and Unlikely and eliminates the Highly Likely category  The Weight of likelihood is projected to decrease from 23.1% to 12.0%

6.  Minimum penalties increase 50%  Minimum penalty for any citation or order issued under § 104(d)(1) will be $3,000, and the minimum for orders under § 104(d)(2) will be $6,000

7.  83 Filed between 8/18/14 and 3/31/15  Many were anonymous  WV Coal Association filed comments in 3/15

8.  Penalties will increase  The Review Commission’s independent review authority is taken away

9.  The 50% increase for unwarrantable failure penalties exceeds the Secretary’s authority  Weakens the S&S standard  Will actually increase litigation

10.  Summary of the points: ◦ No connection between stated goals and the regulations ◦ Less critical thinking by the inspectors ◦ High, not low negligence, will be the new norm

11.  The revised regulations may be implemented.  “Pessimists are usually right and optimists are usually wrong, but all the great changes have been accomplished by optimists.”  “I cut an inch off of every straw I see, just to make the world suck a little less.”