1219-0007 Rocis

1219-0007
SUPPORTING STATEMENT
30 C.F.R. §§ 50.10, 50.11, 50.20, 50.30: Mine Accident, Injury, and Illness Report and Quarterly Mine
Employment and Coal Production Report (MSHA Forms 7000-1 and 7000-2).

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection.
The reporting and recordkeeping provisions in 30 C.F.R. pt. 50, Notification, Investigation, Reports and
Records of Accidents, Injuries and Illnesses, Employment and Coal Production in Mines, are essential
elements in MSHA's Congressional mandate to reduce work-related injuries and illnesses among the
nation's miners.
Section 50.10 requires mine operators and mining contractors to immediately notify MSHA in the event
of an accident. This immediate notification is critical to MSHA's timely investigation and assessment of
the probable cause of the accident.
Section 50.11 requires that the operator or contractor investigate each accident and occupational injury
and prepare a report. The operator or contractor may not use MSHA Form 7000-1 as a report, unless the
mine employs fewer than 20 miners and the occurrence involves an occupational injury not related to an
accident.
Section 50.20(a) requires mine operators and mining contractors to report each accident, injury, or illness
to MSHA on Form 7000-1 within 10 working days after an accident or injury has occurred or an
occupational illness has been diagnosed. The use of MSHA Form 7000-1 provides for uniform
information gathering across the mining industry.
Section 50.30(a) requires mine operators and independent contractors working on mine property to
report quarterly employment and coal production to MSHA on Form 7000-2. MSHA tabulates and
analyzes the information from this form along with data from MSHA Form 7000-1, Mine Accident, Injury,
and Illness Report, to compute incidence and severity rates for various injury types. These rates are used
to analyze trends and to assess the degree of success of the health and safety efforts of MSHA and the
mining industry.
MSHA tabulates and analyzes the information from MSHA Form 7000-1, along with data from MSHA
Form 7000-2, Quarterly Mine Employment and Coal Production Report to compute incidence and
severity rates for various injury types. These rates are used to analyze trends and to assess the degree of
success of the health and safety efforts of MSHA and the mining industry.
Accident, injury, and illness data, when correlated with employment and production data, provide
information that allows MSHA to improve its safety and health enforcement programs, focus its
education and training efforts, and establish priorities for its technical assistance activities in mine safety

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1219-0007
and health. Maintaining a current database allows MSHA to identify and direct increased attention to
those mines, industry segments, and geographical areas where hazardous trends are developing. This
could not be done effectively utilizing historical data. The information collected under Part 50 is the most
comprehensive and reliable occupational data available concerning the mining industry.
Section 103(d) of the Federal Mine Safety and Health Act of 1977 (Mine Act) mandates that each accident
be investigated by the operator to determine the cause and means of preventing a recurrence. Records of
such accidents and investigations shall be kept and made available to the Secretary or his authorized
representative and the appropriate State agency. Section 103(h) requires operators to keep any records
and make any reports that are reasonably necessary for MSHA to perform its duties under the Mine Act.
Section 103(j) of the Mine Act requires operators to notify MSHA of the occurrence of an accident and to
take appropriate measures to preserve any evidence which would assist in the investigation into the
cause or causes of the accident.

2. Indicate how, by whom, how frequently, and for what purpose the information is to be used. For
revisions, extensions, and reinstatements of a currently approved collection, indicate the actual use the
agency has made of the information received from the current collection.
Data collected through MSHA Form 7000-1 and MSHA Form 7000-2 enable MSHA to publish timely
quarterly and annual statistics, reflecting current safety and health conditions in the mining industry. The
data gathered from this collection provides MSHA with the figures upon which to base its incidence rate
calculations and trend analyses. These data are used not only by MSHA, but also by other Federal and
State agencies, health and safety researchers, and the mining community to assist in measuring and
comparing the results of health and safety efforts both in the United States and internationally.
MSHA tabulates and analyzes information from MSHA Form 7000-1, along with that from MSHA Form
7000-2, Quarterly Mine Employment and Coal Production Report, to derive quarterly evaluations of
normalized injury and illness experience at the nation's mines. These data allow MSHA to detect
accident, injury, and illness trends ascribable to specific mine sites, types of mining, work locations, or
tasks.
MSHA uses this information to target its inspection and assistance activities toward those mines, industry
segments, and geographical areas which the current data demonstrate as having particular problems.
Injury rates must be computed at least quarterly for MSHA to target its enforcement and assistance
resources. Less frequent data collection would neither be timely nor statistically valid for this purpose.
The mining industry also uses this quarterly injury incidence data in its efforts to reduce injuries and
illnesses. MSHA's compilations are the only source of information which permits a particular mining
operation to compare its record with that of similar mines.
Coal production data are used in various analyses that range from a comparative nature to complex
modeling--such as the Cost of Injury Model developed through research. Additionally, this information
impacts the evaluation and review of MSHA's regulations, the development of new safety and health
standards, and the evaluation of MSHA's programs.

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1219-0007
Quarterly employment and work time information provide control figures on which MSHA can base its
incidence rate calculations and trend analyses. The employment data are used to normalize injury
experience so that mines of different sizes can be compared and also to compare experience for different
time periods.
MSHA tabulates and analyzes the information from MSHA Form 7000-2, along with that from MSHA
Form 7000-1, Mine Accident, Injury, and Illness Report, to compute incidence and severity rates for
various injury types. The following calculations are made:
Incidence Rate. Incidence rate is defined as the number of injuries per 200,000 employee-hours.
The following is the standard incidence rate formula:
IR =

Number of injuries x 200,000
Number of employee-hours

Severity Measure. Severity measure is the number of lost workdays per 200,000 employee-hours.
The following is the standard severity measure formula:
SM =

Number of lost workdays x 200,000
Number of employee-hours

Average Severity. Average severity is the average number of lost workdays per fatality or lost
time injury. The following is the standard average severity formula:
AS =

Number of lost workdays
Number of injuries contributing to the lost workdays

MSHA uses this information to direct its inspection and assistance activities to those mines, industry
segments, and geographical areas which the current data demonstrate as having particular problems.
Injury rates must be computed at least quarterly for MSHA to target its enforcement and assistance
resources. Less frequent data collection would neither be timely nor statistically valid for this purpose.
Coal production data are used in various analyses that range from a comparative nature to complex
modeling--such as the Cost of Injury Model developed through research. Additionally, this information
impacts the evaluation and review of MSHA's regulations, the development of new safety and health
standards, and the evaluation of MSHA's programs.

3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.
MSHA has established the capability to allow mine operators and mining contractors to fax completed
7000-1 and 7000-2 forms in lieu of sending the forms by mail. Forms 7000-1 and 7000-2 can be submitted

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1219-0007
by mine operators and contractors via the internet. In order to better serve the mining community, and to
reduce the paperwork burden, MSHA provides for and encourages mine operators and mining
contractors to submit Forms 7000-1 and 7000-2 electronically. Electronic submittal of the 7000-2 form can
reduce response time up to 50%. The breakdown of electronic submissions from the past 2 years is as
follows:
• Of the 16,068 White initial injury 7000-1 forms submitted in 2006 calendar year, 6,674 or
42% were submitted electronically. Of the 5,782 Pink 7000-1 return to work forms
submitted in calendar year 2006 2,344 or 41% were submitted electronically.
• Of the 15,608 White initial injury 7000-1 forms submitted in calendar year 2005, 5,788 or
37% were submitted electronically. Of the 6,104 Pink 7000-1 return to work forms
submitted in calendar year 2005 2,125 or 35% were submitted electronically .Of the 86,306
Responses submitted in 2005; 17,937 or 21% were submitted electronically.
• Of the 89,927 form 7000-2 Responses submitted in 2006, there were 22,387 or 25%
submitted electronically.
• Of the 16,068 White 7000-1 forms submitted in 2006 calendar year, 6,674 or 42% were
submitted electronically.
•
Of the 5,782 return to work forms submitted in calendar year 2006 there were 2,344 or
41%,submitted electronically.
• Overall, based on the total number of forms submitted, there were 29% submitted
electronically.
MSHA considered the wide range of resource availability among mine operators in preparing the burden
estimates. The burden will be minimized to the extent that mine operators incorporate advances in
information processing technology into all facets of their business.

4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purpose(s) described in Item 2 above.
MSHA has Federal jurisdiction over safety and health at the nation's mines. The information collected
pertains to specific accidents, injuries, and occupational illnesses. There is no similar information that
could be used.
Although the Department of Health and Human Services may require reporting of some health and
safety information from mines, it does so in concert with MSHA, and its information requests have not
duplicated information collected by MSHA under 30 C.F.R. Part 50.
A review of MSHA's information collection requirements was conducted as a part of the Department of
Labor's Information Resource Management (IRM) Review Program. The purpose of the review was to
verify the statutory and regulatory justification for MSHA's Quarterly Mine Employment and Coal
Production Report (MSHA Form 7000-2), and to examine the practical utility and relevance of the
information within the context of MSHA's program objectives.
The Office of Surface Mining – OSM, MSHA, Energy Information Agency – EIA, IRS, and the state of PA
are jointly collaborating to review the forms and to begin looking at where we might be able to either

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develop a nationwide format for the collection of some selected data and information – replacing the
multiple requirements with a single reporting requirement (or at least one that is common to all agencies)
OR develop a set of agreed upon data collection questions, formats, and protocols that could be used by
each agency on their respective forms in an effort to standardize the reporting function for industry.
The Energy Information Administration (EIA) of the Department of Energy collects coal production data
from mine operators. To address this current duplicate data collection, MSHA and the EIA have
developed a Memorandum of Understanding under which MSHA will provide the EIA with minespecific coal production and employment data. By standardizing and using data collected by MSHA
from coal mine operators, the EIA will be able to reduce the reporting burden for Form EIA-7A, "Coal
Production Report," and Form EIA-6, "Coal Distribution Report." The total respondent burden reduction
resulting from standardizing and utilizing MSHA data is estimated by the EIA to be approximately 8,500
hours annually.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB
Form 83-I), describe the methods used to minimize burden.
This information does not have a significant impact on small businesses or other small entities.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted
or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
Mine operators and mining contractors submit Form 7000-1 to MSHA within 10 working days after an
accident or occupational injury occurs or an occupational illness has been diagnosed. Less frequent data
collection would seriously jeopardize the Agency's ability to effectively carry out its mandate under the
Mine Act.
Mine operators submit Form 7000-2 to MSHA to report quarterly employment, hours worked, and coal
production levels. This provides MSHA with timely information for making decisions on improving its
safety and health programs, focusing its education and training efforts, and establishing priorities for
technical assistance activities in health and safety. Maintaining a current database allows MSHA to
effectively direct resources to improve safety and health in the mining industry. Maintaining a current
database provides the means for directing increased attention to those mines, industry segments, and
geographical areas where hazardous trends are developing.

7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:
*

requiring respondents to report information to the agency more often than quarterly;

*

requiring respondents to prepare a written response to a collection of information in fewer than 30
days after receipt of it;

*

requiring respondents to submit more than an original and two copies of any document;

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*

requiring respondents to retain records, other than health, medical, government contract, grant-inaid, or tax records for more than three years;

*

in connection with a statistical survey, that is not designed to produce valid and reliable results
that can be generalized to the universe of study;

*

requiring the use of a statistical data classification that has not been reviewed and approved by
OMB;

*

that includes a pledge of confidentiality that is not supported by authority established in statue or
regulation, that is not supported by disclosure and data security policies that are consistent with
the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or

*

requiring respondents to submit proprietary trade secret, or other confidential information unless
the agency can demonstrate that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.

This information collection of information complies with 5 CFR 1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to the comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years -- even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation in
a specific situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on December 11, 2007 (Volume 72,
Number 237, Pages 70348-70349), soliciting public comments regarding the extension of this information
collection. No comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of
contractors or grantees.
MSHA does not provide payment or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance
in statute, regulation, or agency policy.

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There are no records requiring confidentiality.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior
and attitudes, religious beliefs, and other matters that are commonly considered private. This
justification should include the reasons why the agency considers the questions necessary, the specific
uses to be made of the information, the explanation to be given to persons from whom the information
is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
Estimated Hour Burden for the Collection of Data for MSHA Form 7000-1
Reports of injuries were submitted for Calendar Year 2006, by 3,314 mine operators and 648 independent
contracting companies. These 3,962 respondents working on mine property filed 14,486 form 7000-1, and
5,226 follow-up filings to add the injured person’s return to duty information. MSHA estimates the
average time required to complete the initial Form 7000-1 to be 0.5 hours for either electronic or manual
submissions. An additional 20 minutes (0.33 hour) is required to complete the Return-to-Duty portion of
the form either electronically or manually. Mine operators and contractors submit a separate Form 7000-1
for each occurrence, and if more than one miner is affected, submit a separate form for each miner. If
return to duty information on an injured employee is not available within the 10-day reporting period, an
additional copy of the form is submitted when this information is known.
50.10 - Immediate Notification of MSHA:
73 fatal accidents x 0.5 hour
2,052 other accidents x 0.5 hour

=
=

37 hours
1,026 hours

50.11(b) - Investigation of Accidents and Occupational Injuries:
73 fatal accidents x 80 hours
=
12,480 nonfatal accidents x 16 hours
=
1,933 other occurrences x 1 hour
=

5,840 hours
199,680 hours
1,933 hours

50.11(b) - Separate Reports of Investigation (mines with 20 or more employees):
54 fatal accidents x 4 hours
=
216 hours
13,599 other occurrences x 1 hour
=
13,599 hours
50.20 - Mine Accident, Injury, and Illness Reports:
14,486 initial reports x 0.5 hour
=
5,226 follow-up reports x 0.33 hour
=

7,243 hours
1,725 hours

Total Estimated Hour Burden related to MSHA Form 7000-1

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231,299

1219-0007
MSHA believes that the work associated with this information collection will be performed by mine
supervisory personnel. In estimating the cost associated with the hour burden, MSHA used a 2006
hourly compensation rate (wages and benefits) of $63 for mine supervisors.
50.10 - Immediate Notification of MSHA:
1,063 hours @ $63 per hour
=

$66,969

50.11(b) - Investigation of Accidents and Occupational Injuries:
207,453 hours @ $63 per hour
=

$13,069,539

50.11(b) - Separate Reports of Investigation (mines with 20 or more employees):
13,815 hours $63 per hour
=

$870,345

50.20 - Mine Accident, Injury, and Illness Reports:
8,968 hours @ $63 per hour
=

$564,984

Estimated Total Hour Burden for MSHA Form 7000-1

$14,571,837

Summary Table for Collection of Data for MSHA Form 7000-1
Collection

Responses (Total
reports/ accidents/
occurrences )

50.10
Immediate Notification:
Fatals
Other Accidents

73
2,052

Burden
Hours

Total
Burden Hour
Cost

37
1,026
$66,969

50.11(b)
Inv. Of Accident & Occupational Injuries:
Fatals
Non Fatals
Other Occurrences

73
12,480
1,933

5,840
199,680
1,933
$13,069,539

50.11(b)
Separate Repots of Investigation (mines
w/20+ employes):
Fatals
Other Occurrences

54
13,599

216
13,599
$870,345

50.20
Mine Accident/Injury/Illness Report:
Initial (manual or e-responses)
Follow-up (manual or e-responses)

14,486
5,226

7,243
1,725

TOTAL

49,976

231,299

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$564,984
$14,571,837

1219-0007

Estimated Hour Burden for MSHA Form 7000-2
For calendar year 2006, mine operators reported mine production and employment information for
14,885 mines and independent contracting companies reported employment for 7,410 mines (22,295
Respondents). MSHA received 89,927 responses on MSHA Form 7000-2, in 2006 and estimates that the
average time required to complete the form to be 0.25 electronically and 0.5 hours manually. All
operators maintain the information required on Form 7000-2 as a fundamental business requirement.
They routinely record the number of employees, the number of hours worked, and in the case of coal
mines, the number of tons of coal mined.
Prepare and Submit MSHA Form 7000-2
67,540 responses x 0.5 hour
22,387 e-responses x 0.25 hour

= 33,770 hours
= 5,597 hours

Estimated Total Hour Burden for MSHA Form 7000-2

=

39,367 hours

Estimated Hour Burden Cost for MSHA Form 7000-2
MSHA believes that the work of preparing and submitting MSHA Form 7000-2 will be performed by
clerical personnel. In estimating the cost associated with the hour burden, MSHA used a 2006 hourly
compensation rate (wages and benefits) of $25 for mining industry clerical personnel
Prepare and Submit MSHA Form 7000-2:
39,367 hours @ $25 per hour

=

Estimated Total Hour Burden Cost for MSHA Form 7000-2

$984,175

=

$984,175

Summary Table for Form 7000-2
Collection

Total Annual
Responses

Burden Hours

Burden Hour Cost

7000-2 mailed/ faxed

67,540

33,770

$844,250

7000-2 Electronic submission

22,387

5,597

$139,925

TOTALS

89,927

39,367

$984,175

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1219-0007
ESTIMATED TOTAL ANNUAL RESPONSES

139,903

ESTIMATED TOTAL HOUR BURDEN

270,666

ESTIMATED TOTAL HOUR BURDEN COST

$15,556,012

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
Estimated Cost Burden for MSHA Form 7000-1
Postage for 7000-1 Forms (OIEI Copy):
8,643 (16,068 initial reports - 751 faxed reports - 6,674 e-responses) x $0.41 = $3,544
3,335 (5,782 follow-up reports –103 faxed reports -2,344 e-responses) x $0.41

=$1,367

Postage for 7000-1 Forms (District Copy):
8,643 (16,068 initial reports - 751 faxed reports – 6,674 e-responses) x $0.41

Estimated Total Cost Burden for MSHA Form 7000-1

= $3,544

= $8,455

Estimated Cost Burden for MSHA Form 7000-2
Postage for submission of MSHA Form 7000-2 :
57,409 (89,927 responses – 10,131 faxed responses- 22,387 e-responses) x $0.41
Estimated Total Cost Burden for MSHA Form 7000-2:
TOTAL COST BURDEN FOR FORM 7000-1 AND 7000-2

= $23,538
= $23,538
$31,993

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), and any other expense that would not have
been incurred without this collection of information. Agencies also may aggregate cost estimates from
Items 12, 13, and 14 in a single table.
The Accident Data Interpretation Branch’s (ADIB) function is to collect, correct, and process mine
industry survey data/receive and process mine operator reporting forms (both 7000-2 & 7000-1). The
Federal costs for the 7000-1 and the 7000-2 forms are shown as overall cost for both forms.

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1219-0007
Costs associated with the operation of the Branch

= $410,987

Costs associated with the use of the Sungard
Computer system

= $ 64,000

Total Cost to the Federal Government (7000-1 and 7000-2)

= $474,987

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB
Form 83-I.
There is a slight decrease in the number of respondents (from 26,250 to 22,295) due to fewer mines.
However, the number of responses and hours has increased: responses have increased from 133,852 to
139,903 and hours have increased from 105,042 to 270,666. This increase is due to an error made in the last
renewal process in calculating the figure for the Nonfatal Accident Investigation hours included in
50.11(b). The figure was lower than should have been provided. A careful re-interpretation of the
meaning of 50.11(b) has been done during the processing of this request. In evaluating the meaning of the
phrases “nonfatal accidents” and “other occurrences”, it appears that the most accurate figures are
calculated when “nonfatal accidents” are considered to be incidents in which an injury to an employee
occurred but the incident did not cause a fatal injury. The “other occurrence” category would appear to
be an incident which is reportable to MSHA due to a mine hazard without miner injury. The 7000-2 forms
are being submitted in larger numbers via e-mail and it has been determined that these documents can be
prepared in approximately half the time that it would take to make a manual submission. The hours
involved in the investigation process for the 7000-1 form should decrease as should the total preparation
time for the 7000-1 form as the numbers of forms submitted decreases. It is not anticipated that the
preparation time will decrease for individual respondents as it not predicted that the time involved in an
electronic submission will be significantly shorter than a manual submission.
There was a decrease of $2,672 (actual) attributed to an increase in the number of electronic and faxed
Form 7000-2. The decrease in postage costs could be a cost burden savings to respondents submitting
forms via e-mail. The electronic submission of form 7000-1 has been possible only since October of 2003
so the numbers of respondents responding electronically will likely increase in the future.
16. For collections of information whose results are planned to be published, outline plans for
tabulation and publication. Address any complex analytical techniques that will be used. Provide the
time schedule for the entire project, including beginning and ending dates of the collection of
information, completion of report, publication dates, and other actions.
MSHA publishes its data tabulations and statistical analyses in quarterly news releases and other reports,
in five Informational Reports, and in an Annual Report to Congress.
17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.
MSHA publishes the expiration dates for OMB approval on all forms.

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1219-0007
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
1.
Describe (including numerical estimate) the potential respondent universe and any sampling
or other respondent selection method to be used. Data on the number of entities (e.g., establishments,
State and local government units, households, or persons) in the universe covered by the collection
and in the corresponding sample are to be provided in tabular form for the universe as a whole and
for each of the strata in the proposed sample. Indicate expected response rates for the collection as a
whole. If the collection had been conducted previously, include the actual response rate achieved
during the last collection.
This information collection does not employ statistical methods.
2.

Describe the procedures for the collection of information including:
.

Statistical methodology for stratification and sample section,

.

Estimation procedure,

.

Degree of accuracy needed for the purpose described in the justification,

.

Unusual problems requiring specialized sampling procedures, and

.

Any use of periodic (less frequent than annual) data collection cycles to reduce
burden.

3.

Describe methods to maximize response rates and to deal with issues of non-response. The
accuracy and reliability of information collected must be shown to be adequate for intended
uses. For collections based on sampling, a special justification must be provided for any
collection that will not yield "reliable" data that can be generalized to the universe studied.

4.

Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an
effective means of refining collections of information to minimize burden and improve utility.
Tests must be approved if they call for answers to identical questions from 10 or more
respondents. A proposed test or set of tests may be submitted for approval separately or in
combination with the main collection of information.

5.

Provide the name and telephone number of individuals consulted on statistical aspects of the
design and the name of the agency unit, contractor(s), grantee(s), or other person(s) who will
actually collect and/or analyze the information for the agency.

As statistical analysis is not required by the regulation, questions 1 through 5 do not apply.

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Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164

An Act
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled. That this Act may be cited as the "Federal Mine Safety and Health Act of
1977".
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103.
(d) All accidents, including unintentional roof falls (except in any abandoned panels or in areas
which are inaccessible or unsafe for inspections), shall be investigated by the operator or his
agent to determine the cause and the means of preventing a recurrence. Records of such
accidents and investigations shall be kept and the information shall be made available to the
Secretary or his authorized representative and the appropriate State agency. Such records shall be
open for inspection by interested persons. Such records shall include man-hours worked and
shall be reported at a frequency determined by the Secretary, but at least annually.
(h) In addition to such records as are specifically required by this Act, every operator of a coal
or other mine shall establish and maintain such records, make such reports, and provide such
information, as the Secretary or the Secretary of Health, Education, and Welfare may reasonably
require from time to time to enable him to perform his functions under this Act. The Secretary or
the Secretary of Health, Education, and Welfare is authorized to compile, analyze, and publish,
either in summary or detailed form, such reports or information so obtained. Except to the extent
otherwise specifically provided by this Act, all records, information, reports, findings, citations,
notices, orders, or decisions required or issued pursuant to or under this Act may be published
from time to time, may be released to any interested person, and shall be made available for
public inspection.
(j) In the event of any accident occurring in any coal or other mine, the operator shall notify the
Secretary thereof and shall take appropriate measures to prevent the destruction of any evidence
which would assist in investigating the cause or causes thereof. In the event of any accident
occurring in a coal or other mine, where rescue and recovery work is necessary, the Secretary or
an authorized representative of the Secretary shall take whatever action he deems appropriate to
protect the life of any person, and he may, if he deems it appropriate, supervise and direct the
rescue and recovery activities in such mine.

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1219-0007
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table of
Contents
Subpart B--Notification, Investigation, Preservation of Evidence
Sec. 50.10

Immediate notification.

If an accident occurs, an operator shall immediately contact the
MSHA
[[Page 254]]
District or Subdistrict Office having jurisdiction over its mine. If an
operator cannot contact the appropriate MSHA District or Subdistrict
Office, it shall immediately contact the MSHA Headquarters Office in
Arlington, Virginia by telephone, at (800) 746-1553.
[58 FR 63528, Dec. 2, 1993]

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1219-0007

TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table of
Contents
Subpart B--Notification, Investigation, Preservation of Evidence
Sec. 50.11

Investigation.

(a) After notification of an accident by an operator, the MSHA
District or Subdistrict Manager will promptly decide whether to conduct
an accident investigation and will promptly inform the operator of his
decision. If MSHA decides to investigate an accident, it will initiate
the investigation within 24 hours of notification.
(b) Each operator of a mine shall investigate each accident and each
occupational injury at the mine. Each operator of a mine shall develop a
report of each investigation. No operator may use Form 7000-1 as a
report, except that an operator of a mine at which fewer than twenty
miners are employed may, with respect to that mine, use Form 7000-1 as
an investigation report respecting an occupational injury not related to
an accident. No operator may use an investigation or an investigation
report conducted or prepared by MSHA to comply with this paragraph. An
operator shall submit a copy of any investigation report to MSHA at its
request. Each report prepared by the operator shall include,
(1) The date and hour of occurrence;
(2) The date the investigation began;
(3) The names of individuals participating in the investigation;
(4) A description of the site;
(5) An explanation of the accident or injury, including a
description of any equipment involved and relevant events before and
after the occurrence, and any explanation of the cause of any injury,
the cause of any accident or cause of any other event which caused an
injury;
(6) The name, occupation, and experience of any miner involved;
(7) A sketch, where pertinent, including dimensions depicting the
occurrence;
(8) A description of steps taken to prevent a similar occurrence in
the future; and
(9) Identification of any report submitted under Sec. 50.20 of this
part.

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1219-0007
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table of
Contents
Subpart C--Reporting of Accidents, Injuries, and Illnesses
Sec. 50.20 Preparation and submission of MSHA Report Form 7000-1--Mine
Accident, Injury, and Illness Report.

(a) Each operator shall maintain at the mine office a supply of MSHA
Mine Accident, Injury, and Illness Report Form 7000-1. These may be
obtained from MSHA Metal and Nonmetal Mine Safety and Health District
Offices and from MSHA Coal Mine Safety and Health Subdistrict Offices.
Each operator shall report each accident, occupational injury, or
occupational illness at the mine. The principal officer in charge of
health and safety at the mine or the supervisor of the mine area in
which an accident or occupational injury occurs, or an occupational
illness may have originated, shall complete or review the form in
accordance with the instructions and criteria in Secs. 50.20-1 through
50.20-7. If an occupational illness is diagnosed as being one of those
listed in Sec. 50.20-6(b)(7), the operator must report it under this
part. The operator shall mail completed forms to MSHA within ten working
days after an accident or occupational injury occurs or an occupational
illness is diagnosed. When an accident specified in Sec. 50.10 occurs,
which does not involve an occupational injury, sections A, B, and items
5 through 11 of section C of Form 7000-1 shall be completed and mailed
to MSHA in accordance with the instructions in Sec. 50.20-1 and criteria
contained in Secs. 50.20-4 through 50.20-6.
(b) Each operator shall report each occupational injury or
occupational illness on one set of forms. If more than one miner is
injured in the same accident or is affected simultaneously with the same
occupational illness, an operator shall complete a separate set of forms
for each miner affected. To the extent that the form is not selfexplanatory, an operator shall complete the form in accordance with the
instructions in Sec. 50.20-1 and criteria contained in Secs. 50.20-2
through 50.20-7.
(Secs. 103 (a) and (h), and 508, Pub. L. 91-173, as amended by Pub. L.
95-164, 91 Stat. 1297, 1299, 83 Stat. 803 (30 U.S.C. 801, 813, 957))
[42 FR 65535, Dec. 30, 1977, as amended at 44 FR 52828, Sept. 11, 1979;
60 FR 35695, July 11, 1995]

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1219-0007

TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF ACCIDENTS,
INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN MINES--Table of
Contents
Subpart D--Quarterly Employment and Coal Production Report
Sec. 50.30 Preparation and submission of MSHA Form 7000-2--Quarterly
Employment and Coal Production Report.

(a) Each operator of a mine in which an individual worked during any
day of a calendar quarter shall complete a MSHA Form 7000-2 in
accordance with the instructions and criteria in Sec. 50.30-1 and submit
the original to the Denver Safety and Health Technology Center, P.O. Box
25367, Denver Federal Center, Denver, Colo. 80225, within 15 days after
the end of each calendar quarter. These forms may be obtained from MSHA
Metal and Nonmetal Mine Safety and Health District Offices and from MSHA
Coal Mine Health and Safety Subdistrict Offices. Each operator shall
retain an operator's copy at the mine office nearest the mine for 5
years after the submission date.
(b) Each operator of a coal mine in which an individual worked
during any day of a calendar quarter shall report coal production on
Form 7000-2.
[42 FR 65535, Dec. 30, 1977, as amended at 60 FR 35695, July 11, 1995]

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