Mine Safety Disclosure
The following disclosures are provided pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) and Item 104 of Regulation S-K, which require certain disclosures by companies required to file periodic reports under the Securities Exchange Act of 1934, as amended, that operate mines regulated under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”). The disclosures reflect our U.S. mining operations at the Gold Bar mine only, as the requirements of the Act and Item 104 of Regulation S-K do not apply to our mines operated outside the United States.
Whenever the Federal Mine Safety and Health Administration (“MSHA”) believes a violation of the Mine Act, any health or safety standard or any regulation has occurred, it may issue a citation which describes the alleged violation and fixes a time within which the mining operator must abate the alleged violation. The citation may include a civil penalty or fine.
The table below reflects citations and orders issued to our subsidiary, McEwen Mining Nevada Inc., which may be considered an operator under the Mine Act, by MSHA during the quarter ended March 31, 2021. The proposed assessments for the quarter ended March 31, 2021 were taken from the MSHA Mine Data Retrieval System:
Mine or Operation (1)
Gold Bar Mine
MSHA ID #26-02818
Total # of "Significant and Substantial" Violations Under §104(a)
Total # of Orders Issued Under §104(b)
Total # of Citations and Orders Issued Under §104(d)
Total # of Flagrant Violations Under §110(b)(2)
Total # of Imminent Danger Orders Under §107(a)
Total # of Notices of Contest filed
Total Amount of Proposed Assessments from MSHA under the Mine Act(2)
Total # of Mining-Related Fatalities
Received Notice of Pattern of Violations under Section 104(e)
Received Notice of Potential to have Patterns under Section 104(e)
Pending Legal Actions
Legal Actions Instituted
Legal Actions Resolved
(1) MSHA assigns an identification number to each mine or operation and may or may not assign separate identification numbers to related facilities. The definition of “mine” under section 3 of the Mine Act includes the mine, as well as roads, land, structures, facilities, equipment, machines, tools, and minerals preparation facilities used in or resulting from the work of extracting minerals.
(2) As of the date of the filing of this Form 10-Q for the quarter ending March 31,2021, certain assessment from MSHA have not yet been determined.