SECTION 107(a) IMMINENT DANGER ORDERS

Imminent danger is defined in the Mine Act as "the existence of any condition or practice in a coal or other mine which could reasonably be expected to cause death or serious physical harm before such condition or practice can be abated." Courts interpreting this provision have stated that that an imminent danger exists only when the hazardous condition has a reasonable potential to cause death or serious injury to a miner if normal mining operations were permitted to proceed in the area before the dangerous condition was eliminated or corrected. .

An imminent danger order cannot be issued for an accident which has already occurred unless the imminence still exists. Immediate physical exposure to the imminent danger does not have to be witnessed by the inspector to issue a 107(a) order.

Because the purpose of Section 107(a) orders is to immediately remove miners from exposure to serious hazards and to prevent them from entering such hazardous areas or utilizing hazardous equipment, an imminent danger must be impending at the time an order is issued. Therefore, when an imminent danger is observed, the inspector must, as soon as possible and as the imminent danger is being observed, issue an oral Section 107(a) order. An oral order should be documented in writing as soon as practical. If an oral Section 107(a) order is issued, it should be stated in precise terms such as: "I am issuing you a Section 107(a) imminent danger order." At the least, the inspector must use the words "imminent danger" or "107(a)" at the time the oral order is issued.

A written order, issued after an oral Section 107(a) order was communicated to the operator, must clearly state that it is confirming an oral imminent danger order and identify:

• the individual to whom the oral order was issued;

• the time and date the oral order was issued;

• the location at which the oral order was issued; and

• the reason the oral order was issued. This reason should be in the manner developed for issuance of Section 107(a) orders.

Imminent danger orders shall contain a detailed description of the conditions or practices which cause and constitute the imminent danger and a description of the area of the mine from which persons must be withdrawn and prohibited from entering. Only those

persons described in Section 104(c) of the Mine Act may enter the affected area while the order is in place.

An imminent danger withdrawal order often arises because of a violation of the Mine Act and its mandatory health or safety standards. All violations which caused or contributed to the imminent danger are to be addressed as separate citations or orders referring back to the 107(a) Imminent Danger order of withdrawal. The issuance of an imminent danger order does not preclude the issuance of a section 104(d)(1) citation or order or a section 104(d)(2) order

A. Documentation for 107(a) Orders - Mandatory Standard Not Violated

1. In Item 8 describe the condition(s) or practice(s) which contributed to the

imminent danger situation. Add the following statement at the end of the Item 8 narrative: "This condition is an imminent danger." Also include a statement concerning when, where, why, and to whom the verbal order was issued. If additional space is needed, a Mine Citation/Order Continuation Form 7000-3a must be used.

2. Leave items 9A, 9B, 9C, 10, and 11 blank. 3. In Item 12 enter "107(a)".

4. In Item 13 check the "Order" block. 5. Leave Item 14 blank.

6. In Item 15 describe the "Area or Equipment" affected. 7. In Item 16 "Termination Due Date and Time" are left blank.

8. Terminate the order when the condition(s) or practice(s) that created the imminent danger is abated.

9. Completion of a Possible Knowing/ Willful Violation Review Form is not required for imminent danger orders issued with no violations of mandatory standards.

B. Documentation - 107(a) Order Issued and Mandatory Standard(s) Violated

1. Complete Item 8 as indicated above and include the statement, “Citation

No.\Order No. xxxxxxx is being issued in conjunction with this order.” Describe the condition(s) or practice(s) which created the imminent danger situation and why the risk of hazard will occur before it can be remedied. Add the following statement in the Item 8 narrative: "This condition is an imminent danger." Also include a statement concerning when, why, where, and to whom the verbal order was issued.

A Mine Citation/Order Continuation Form 7000-3a will be used if additional space is needed. When one or more violations create an imminent danger, each violation must be described in Item 8. Complete additional Form 7000-3s for each violation. For each additional Form 7000-3, indicate in Item 8 that the violation was a contributing factor in the issuance of the imminent danger order and that an abatement time is not set for 104(a) citations and 104(d)(1) citations issued in conjunction with 107(a) Orders.

2. Leave items 9A, 9B, 9C, 10 and 11 blank. 3. In Item 12 enter "107(a)."

4. In Item 13 check the "Order" block.

5. Leave Item 14 blank for all 104(a) and 104(d) citations issued in conjunction with 107(a) orders of withdrawal. However, Item 14 must be completed for all 104(d) orders issued in conjunction with 107(a) orders of withdrawal by checking Item 14A or 14B, entering either the initial 104(d) citation or 104(d) order number (as appropriate) in Item 14 E, and entering the date in Item 14F.

6. In Item 15 describe the "Area or Equipment" affected. 7. In Item 16 "Termination Due Date and Time" is not entered.

8. Terminate the imminent danger order when all conditions or practices creating the imminent danger have been abated.

9. A Possible Knowing/Willful Violation Review Form must be completed for 104(a) citations and 104(d) citations and orders issued in conjunction with a 107(a) imminent danger order regardless of the negligence evaluation.