| U.S. Department of
Labor |
Mine Safety and Health Administration 201 12th Street South, Suite 401 Arlington, VA 22202-5450 |  |
LAST VALIDATED: 03/31/2021
PROGRAM INFORMATION BULLETIN NO. P11-35
FROM:
GEORGE M. FESAK 
Director, Program Evaluation
and Information Resources
KEVIN G. STRICKLIN 
Administrator for
Coal Mine Safety and Health
NEAL H. MERRIFIELD 
Administrator for
Metal and Nonmetal Mine Safety and Health
SUBJECT: Re-Issue P08-02 -- Reporting Deaths on Mine Property
Scope
This program information bulletin (PIB) applies to mine operators, independent contractors, Mine Safety and Health Administration (MSHA) personnel, and other interested persons.
Purpose
This PIB clarifies the responsibility of mine operators and contractors to report all deaths that occur on mine property, including suicides, homicides, and deaths involving trespassers, customers, or visitors.
Information
Section 30 CFR 50.10, Immediate Notification, requires the operator to contact MSHA at once, without delay, and within 15 minutes at the toll-free number, 1-800-746-1553, once the operator knows or should know that an accident has occurred. Section 30 CFR 50.2 (h) (1), Definitions, defines "accident" to include a death of an individual at a mine. In addition to immediately contacting MSHA, operators are required to submit a Mine Accident, Injury, and Illness Report (Form 7000-1) to MSHA within 10 days of the accident. It makes no difference whether the deceased is a mine employee, visitor, trespasser, or customer. MSHA must be immediately notified of any death of an individual at a mine and the death must be reported to MSHA on Form 7000-1 within 10 days.
Background
There have been numerous occasions when operators have not filed the required Mine Accident, Injury, and Illness Report (Form 7000 1) because they believed a death, particularly a death involving a trespasser on mine property, to be non-chargeable and therefore not reportable. This can cause the operator to be in violation of 30 CFR Part 50 reporting requirements.
Authority
Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. ยง 801 et seq., and 30 CFR Part 50.
Internet Availability
This PIB may be viewed by accessing MSHA's home page at (www.msha.gov), choosing "Compliance Info" and "Program Information Bulletins."
Contact Person(s)
Mine Safety and Health Enforcement
Marcus Smith, (202) 693-9547
E-mail: Smith.Marcus@dol.gov
Lawrence Trainor, 202-693-9644
E-mail: Trainor.Lawrence@dol.gov
Distribution
MSHA Program Policy Manual Holders
Mine Operators and Independent Contractors
Mine Safety and Health Administration Personnel
Special Interest Groups
