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www.rockproducts.com ROCK products • September 2015 • 45 LAW As a result, it is highly likely that either severe problems will go undetected or inconsequential problems will be unnec- essarily emphasized. If MSHA actually plans to reassign inspectors, they must also ensure that the inspectorate is provided adequate training to properly evaluate dynamic metal/non-metal mining conditions. An MSHA inspector who does not complete the annual training should not be permitted to inspect. Overall, this systematic increase in enforcement is conspicu- ous considering MSHA's announcement on Aug. 11 that the "Recent Pattern of Violations reforms by MSHA led to signifi- cant improvements in mine safety, culture change." As indicat- ed by the agency, "[t]he Pattern of Violations reforms … have been 'real game changers' in protecting miners and promot- ing a culture focused on safety and health in mines across the nation." MSHA recently conducted its third POV screening, under a rule revised in January 2013, which added to reforms the agency made in 2010. During the screening, MSHA found only one of the nation's approximately 13,600 mines – a coal operation – warranted further review, the fewest number of both coal and metal and nonmetal mines identified for additional scrutiny since the 2010 reforms. Upon completion of the review, no coal or metal and nonmetal mines met the criteria for further consideration of a POV notice. The POV reforms sent a message that chronic violator behav- ior would no longer be tolerated. That message translated into a dramatic reduction in the number of mines with chronic viola- tion records," said Secretary Main. If the POV reforms have indeed lead to significant improve- ments as indicated by MSHA, what is the rationale for increased enforcement? The industry agrees that one fatality is one too many, and that these recent occurrences need to be addressed. However, increased enforcement and moving inspectors from the coal sector to the metal/non-metal sector may not be the answer. We should insist on more and better training of all inspectors, both new and experienced. The training MSHA now provides to inspectors hardly seems consistent, uniform or well-received. Higher standards, proper training and certification will maintain and improve the quality of MSHA's inspectorate and enhance safety in mines. Moreover, operators need to take it upon themselves to remain attentive to the background of the inspector and educate the inspector on cur- rent operations. Operators must also be especially vigilant for citations based on inapplicable coal standards, and challenge these citations when warranted. The failure to do so may result in the unfounded imposition of countless additional requirements.