The agency issued a public information bulletin late last week to remind operators, miners’ representatives and MSHA enforcement personnel that providing advance notice of federal inspections is prohibited by the Federal Mine Safety and Health Act of 1977, known as the Mine Act.

It distributed the guidelines after testimony it heard before the House Education and Labor Committee hearing in Beckley, West Virginia, in May relating to the April 5 explosion at Massey Energy’s Upper Big Branch operation.

Just two weeks after the blast, MSHA personnel conducted a “blitz” of enhanced inspections at 57 coal mines around the US.

During that effort officials found that miners illegally provided advance notification of an inspector’s presence on mine property in at least two cases.

MSHA also recently commandeered phone lines at four underground operations in Kentucky, Tennessee and West Virginia before personnel could announce inspectors’ arrival.

Those mines were targeted because they were believed to be conducting practices which were unsafe.

“Mining personnel who give advance notice are showing contempt for the law and for the safety and health of miners,” agency assistant secretary of labor for mine safety and health Joseph Main said.

“They know how to fix problems when the MSHA inspector is on site, yet they ignore the rules and put miners at risk the rest of the time. It’s not only illegal, it’s reprehensible.”

The offense is punishable by MSHA via a civil action for relief, including permanent and temporary injunctions, restraining orders and other appropriate orders.

“In addition to a permanent and temporary injunction, Section 110(e) of the Mine Act provides that any person who gives advance notice of any inspection is, upon conviction, subject to a fine of up to $US1,000 or imprisonment or both,” federal officials noted.

“Additionally, an operator may be assessed a civil penalty under Section 110(a) of the Act for violating the Section 103(a) prohibition on advance notice of inspections. Finally, Section 110(c) of the Mine Act imposes personal liability on individual corporate agents if they knowingly authorized, ordered, or carried out a violation of a mandatory health or safety standard or an order issued under the Act.”