Section 1503(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act contains new reporting requirements regarding mine safety in certain circumstances. Issuers that are operators of a coal or other mine are required to file a current report on Form 8-K upon the receipt of an imminent danger order under section 107(a) of the Federal Mine Safety and Health Act of 1977 (the “Mine Act”) issued by the Mine Safety and Health Administration ("MSHA"). Recent 8-K filings with such disclosure include:
Massey Energy Co. on 11/26/10 (SEC file no. 1-7775)
Patriot Coal Corp. on 11/12/10 (file no. 1-33466)
Alpha Natural Resources, Inc. on 10/25/10 (file no. 1-32331)
Dodd-Frank Section 1503(b) also requires Form 8-K disclosure upon the receipt of written notice from MSHA that the coal or other mine has a pattern of violations of mandatory health or safety standards under Section 104(e) of the Mine Act, or the potential to have such a pattern. Recent 8-K filings with such disclosure include:
FirstEnergy Corp. on 11/26/10 (SEC file no. 333-21011)
James River Coal Co. on 11/24/10 (file no. 0-51129)
Rhino Resource Partners LP on 11/24/10 (file no. 1-34892)
Section 1503(a) of Dodd-Frank requires reporting companies that operate mines to provide certain safety information in their periodic reports filed with the SEC. Such information includes the total number of mining-related fatalities, the total number of violations or citations under various sections of the Mine Act, and the total dollar value of proposed assessments from the MSHA. Recent Form 10-Q filings provide examples in Part II, Item 5:
Molycorp, Inc. on 11/15/10 (SEC file no. 1-34827)
Granite Construction Inc. on 11/9/10 (file no. 1-12911)
3M Co. on 11/5/10 (file no. 1-3285)
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