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Date Issued
Submitting OIG
Department of Labor OIG
Agencies Reviewed/Investigated
Department of Labor
Report Number
05-25-002-06-001
Report Type
Audit
Agency Wide
Yes
Number of Recommendations
11
Questioned Costs
$0
Funds for Better Use
$0
Report updated under NDAA 5274
No

Open Recommendations

This report has 11 open recommendations.
Recommendation Number Significant Recommendation Recommended Questioned Costs Recommended Funds for Better Use Additional Details
001 Yes $0 $0

Clearly identify and publicly publish MSHA's jurisdiction, including obtaining any needed legal opinion from the U.S. Department of Labor Office of the Solicitor on the U.S. territories and the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, requesting any needed legislative changes.

002 No $0 $0

Revise MSHA's implementation plan for when it will begin inspecting mines within American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands and begin implementing the plan. The revised plan should address: (1) when enforcement of the Mine Act and MSHA regulations will begin; (2) how inspections will occur in future years (e.g., travel from a specific MSHA district or setting up a field office nearby); (3) whether additional training will occur and how (e.g., in-person, virtual, hybrid, via grants, et cetera); and (4) how funding will be obtained to conduct required MSHA activities in FY 2025

003 Yes $0 $0

Develop and implement a plan to enforce the Mine Act in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, having first obtained legal authority verifying they are still under MSHA's jurisdiction. If the legal authority opines MSHA has jurisdiction over them, MSHA's plan should address: (1) whether future legislative changes to the Mine Act are needed and requests to Congress; (2) when enforcement of the Mine Act and MSHA regulations will begin; (3) how inspections will occur in future years (e.g., travel from a specific MSHA district or setting up a field office nearby); (4) whether additional training will occur and how (e.g., in-person, virtual, hybrid, via grants, et cetera); and (5) how funding will be obtained to conduct MSHA activities in FY 2025 and beyond.

004 Yes $0 $0

Verify mines within American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands have properly submitted their Part 50 data to MSHA.

005 Yes $0 $0

Update the status history for all mines within American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, including to reflect the periods for which they were operational. This should include adjustments needed after verifying the mines properly submitted their Part 50 data.

006 Yes $0 $0

Update the mine status criteria to address the types of support (e.g., mine visit observation, closure notice submitted by operator, MSHA analysis of Part 50 data, et cetera) needed to put a mine in "abandoned" status and require support be documented in the related mine file.

007 Yes $0 $0

Develop guidance for what to do with mines that have been issued a mine identification number and remained in "new mine" status for long periods of time because they never started operations.

008 Yes $0 $0

Correct mine statuses for any mines that do not adhere to guidance and criteria updates made in response to this alert memorandum, which includes updating the mine status criteria requirements and developing guidance for mines remaining in "new mine" status for long periods of time.

009 Yes $0 $0

Develop guidance on when mine identification numbers can be deactivated and reactivate any mine identification numbers in MSHA's system that do not adhere to that guidance.

010 Yes $0 $0

Remove the exclusion of CAVs limitation from the public "inspections" dataset or transparently state any existing limitation(s) on the download description section of MSHA's website.

011 Yes $0 $0

Develop and implement a culture transformation plan to ensure the integrity and ethical values expected are enforced throughout MSHA.

Department of Labor OIG

United States