MSHA Establishes 2025 Special Assessment Procedures with Mandatory Triggers and Penalty Ranges

MSHA’s 2025 Special Assessment General Procedures set mandatory special assessment triggers and define penalty ranges up to $90,649 for non-flagrant cases and up to $332,376 for flagrant violations, affecting how certain violations are penalized across aggregate operations.

Executive Summary

MSHA’s 2025 Special Assessment General Procedures identify mandatory special assessments for failures to abate with daily penalties, flagrant violations, and Section 105(c) discrimination violations, and set target penalty ranges for assessed violations. These provisions materially increase per-violation exposure, especially where conduct could be deemed flagrant. The core uncertainty is whether your violation patterns meet the flagrant definition or involve daily penalties or 105(c) findings. Pit & Quarry MSHA Mining Technology

Background

Special assessments are authorized under 30 CFR § 100.5 and are used in specified mandatory circumstances and at MSHA’s discretion in other cases. As of January 15, 2025, the maximum penalty for flagrant violations increased to $332,376 per violation following a 2.6% inflation adjustment. Most special assessments arise from discretionary use of higher civil penalties in nonmandatory circumstances. Pit & Quarry Mining Technology Pit & Quarry

Key Provisions

• Mandatory triggers include: (1) failure to abate a violation where the operator is receiving daily penalties for continued failure, (2) violations deemed flagrant, and (3) violations of Section 105(c) discrimination protections. Each of these circumstances results in a mandatory special assessment. Pit & Quarry
• A flagrant violation is defined as a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that caused, or reasonably could be expected to cause, death or serious bodily injury. This definition frames the evidence needed for a mandatory flagrant special assessment. MSHA
• For non-flagrant special assessments, the target penalty range is $168 to $90,649. The Office of Assessments may adjust the computed target penalty amount by plus or minus 25% within that range. MSHA
• For flagrant violations, the target penalty increases by $1,790.57 per penalty point up to a maximum of $332,376 for 275 points. The maximum increased from $323,960 to $332,376 effective January 15, 2025. MSHA Mining Technology
• Special assessments assign penalty points for most violations across five of the six statutory criteria used for regular assessments. Negligence points for special assessments include 5 points for a violation not contributing to an accident, 7 for low or moderate negligence contributing to an accident, 8 for high or reckless negligence in a non-injury accident, and 10 when the violation contributes to lost workdays, restricted duty, permanent disability, or a fatal accident. MSHA
• For flagrant violations, MSHA assigns 50 negligence points for high negligence and 60 points for reckless disregard. These points drive the per-point calculation toward the flagrant maximum. MSHA

Decision Framework

Three threshold questions determine exposure across your 40 quarries: (1) Are there any violations that incurred daily penalties for continued failure to abate? (2) Do any facts support a flagrant determination under the 2025 definition? (3) Have there been any Section 105(c) discrimination violations?

• If your records show daily penalties for continued failure to abate, then a special assessment is mandatory, with penalties targeted between $168 and $90,649 and subject to a ±25% adjustment by the Office of Assessments. Pit & Quarry MSHA
• If evidence indicates a flagrant violation (reckless or repeated failure to eliminate a known violation that caused, or could reasonably be expected to cause, death or serious bodily injury), then a special assessment is mandatory and can reach up to $332,376 via per-point increases, with 50–60 negligence points assigned for high or reckless disregard. Pit & Quarry MSHA Mining Technology
• If there are any violations of Section 105(c) discrimination protections, then a special assessment is mandatory. Validate whether any complaints resulted in findings applicable to your sites. Pit & Quarry
• Before deciding, confirm: whether any violations drew daily penalties; whether any facts meet the flagrant definition’s elements; whether any 105(c) cases exist; and whether violations were linked to injuries that would add negligence points (lost workdays, restricted duty, permanent disability, or fatal). MSHA

What We’re Monitoring

• How MSHA applies the ‘repeated failure’ element in flagrant determinations; the published definition does not specify numeric thresholds. MSHA
• Early-2025 use of the Office of Assessments’ ±25% adjustment authority and resulting placement within the $168–$90,649 non-flagrant range. MSHA
• MSHA’s discretionary use of special assessments in nonmandatory circumstances and any emerging patterns in referrals. Pit & Quarry