30 CFR § 100.4 - Unwarrantable failure and immediate notification.
---
identifier: "/us/cfr/t30/s100.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "30 CFR § 100.4 - Unwarrantable failure and immediate notification."
title_number: 30
title_name: "Mineral Resources"
section_number: "100.4"
section_name: "Unwarrantable failure and immediate notification."
chapter_name: "MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR"
subchapter_number: "P"
subchapter_name: "CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977"
part_number: "100"
part_name: "CRITERIA AND PROCEDURES FOR PROPOSED ASSESSMENT OF CIVIL PENALTIES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 30 U.S.C. 815, 820, 957; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701."
regulatory_source: "72 FR 13635, Mar. 22, 2007, unless otherwise noted."
cfr_part: "100"
---
# 100.4 Unwarrantable failure and immediate notification.
(a) The minimum penalty for any citation or order issued under section 104(d)(1) of the Mine Act shall be $3,022.
(b) The minimum penalty for any order issued under section 104(d)(2) of the Mine Act shall be $6,041.
(c) The penalty for failure to provide timely notification to the Secretary under section 103(j) of the Mine Act will be not less than $7,555 and not more than $90,649 for the following accidents:
(1) The death of an individual at the mine, or
(2) An injury or entrapment of an individual at the mine, which has a reasonable potential to cause death.
[72 FR 13635, Mar. 22, 2007, as amended at 74 FR 68919, Dec. 29, 2009; 77 FR 76408, Dec. 28, 2012; 81 FR 43455, July 1, 2016; 82 FR 5383, Jan. 18, 2017; 83 FR 14, Jan. 2, 2018; 84 FR 220, Jan. 23, 2019; 85 FR 2299, Jan. 15, 2020; 86 FR 2970, Jan. 14, 2021; 87 FR 2336, Jan. 14, 2022; 88 FR 2218, Jan. 13, 2023; 89 FR 1818, Jan. 11, 2024; 90 FR 1862, Jan. 10, 2025]