Post-Inspection Actions: What to Do If You Receive a Part 46 Citation
Updated on December 13, 2025 by MSC
When you receive a Part 46 citation from MSHA, it can feel overwhelming—especially if you’re a small operation or still learning how MSHA inspections work. The good news is that a citation doesn’t automatically mean you’re in serious trouble. Instead, it’s an opportunity to correct issues, strengthen your safety program, and create a safer environment for your mine site. In this article, you’ll learn what a citation means, how to review it, what steps to take immediately, how to complete corrective actions, and how to prevent future violations.
You may remember from our previous article on inspection preparedness that understanding MSHA’s process before an inspection helps reduce confusion during one. In this article, we take the next step—what to do after an inspection when MSHA issues a Part 46 citation.
Understanding Your MSHA Citation: Types and Terminology
Before you can respond to a Part 46 citation, you need to understand what MSHA is actually telling you. A citation is an official notice that the inspector identified a violation of an MSHA standard. But citations come in different types and include specific terms you should know.
A citation generally means a violation exists, but it’s not considered immediately dangerous. A withdrawal order, however, requires miners to stop work in the affected area until the issue is fixed. The inspector may also identify whether the violation is Significant and Substantial (S&S)—meaning it could reasonably lead to a serious injury.
You’ll also see wording describing whether the violation was noncontributory, contributory, or high negligence. These classifications affect the severity of the violation and potential penalties.
MSHA’s terminology is detailed, but once you understand it, you can respond appropriately and avoid unnecessary delays in abatement.
How to Review and Interpret the Violation Notice
When a violation notice arrives, take time to read it carefully before taking any action. The document will outline the cited regulation, describe the issue, identify where the hazard was found, provide the abatement deadline, and include any specific instructions from the inspector. Understanding these details is especially important when considering what MSHA inspectors look for during a Part 46 compliance check, since the notice reflects exactly what the inspector evaluated during the visit.
Your first priority is to clearly understand what the inspector identified as a problem, where it occurred, why it qualifies as a violation, and how MSHA expects it to be corrected. This clarity helps ensure you focus on the right corrective steps instead of spending time on issues that aren’t actually part of the citation.
To get the full picture, compare the notice with your training records, task procedures, workplace exams, and other relevant documentation to pinpoint gaps or inconsistencies. If anything in the notice seems unclear, you’re encouraged to reach out to the inspector or district office for clarification. Asking questions early can prevent missteps and reduce the risk of additional enforcement actions.
Steps to Take Immediately After Receiving a Citation
When MSHA issues a citation, the clock starts immediately. The steps you take in the first 24–48 hours are critical.
First, gather your team and discuss the violation openly. Everyone involved should understand what happened and what needs to change. This could include supervisors, trainers, equipment operators, or anyone working in the affected area.
Next, take initial steps to stop any unsafe activities related to the violation. Even minor hazards can escalate quickly, and showing MSHA that you acted immediately demonstrates good faith.
You should also begin documenting everything as soon as possible. This includes:
- Photos of the cited area
- Notes describing the conditions
- Records showing who was present
- Any immediate corrective actions you took
Documentation protects your company by creating a record of your response and showing that you’re taking the citation seriously.
Corrective Actions Required by MSHA
Every MSHA citation includes an abatement requirement. This is the action MSHA expects you to take to fix the issue. Corrective actions vary depending on the type of violation, but they often include:
- Updating or completing training records
- Repairing equipment
- Eliminating hazardous conditions
- Updating workplace exam procedures
- Implementing missing safety protocols
MSHA gives you a deadline, and meeting this deadline is essential. If you need more time, you can request an extension, but MSHA may or may not approve it.
Once you complete the corrective action, you’ll need to provide evidence to MSHA. This could include photos, training certificates, equipment repair documentation, or revised safety procedures. The more thorough and organized your evidence is, the better.
Documenting Your Response and Abatement Efforts
Strong documentation can help you avoid penalties and protect your company. MSHA inspectors often review abatement records during follow-up visits or future inspections, so everything should be clear, accurate, and easy to understand.
Include:
- Before-and-after photos
- Updated training records
- New policies or procedures
- Records of staff meetings or toolbox talks
- Copies of workplace exams
- Equipment repair invoices
When documenting changes, explain why and how you corrected the issue. Clear communication shows professionalism and makes it easier for MSHA to approve your abatement.
Tips for Developing a Corrective Action Plan
A corrective action plan helps you address the violation while preventing future issues. A solid plan should include:
- Identification of the root cause
Was the violation due to missing training? Lack of supervision? Poor documentation? Equipment failure? - Clear steps for correction
List every action taken, who completed it, and when. - Long-term prevention strategies
This could include training refreshers, new sign-off procedures, or improved inspections. - Designated responsible individuals
Assign someone to oversee each step so nothing is missed. - Deadlines
MSHA requires abatement by a set date, so plan accordingly.
A corrective action plan is also a powerful internal tool. It helps your team stay accountable and provides a record that can protect you if MSHA questions your actions later.
Training Updates After a Part 46 Violation
Many Part 46 citations stem from incomplete, inconsistent, or outdated training. MSHA expects companies to maintain training that is accurate, documented, and consistent with regulatory requirements.
After receiving a violation, review:
- New miner training
- Newly hired experienced miner training
- Annual refresher training
- Task training
- Site-specific hazard training
If your training program needs updates, now is the time to make them. Many mine operators choose to enroll supervisors or lead trainers in additional compliance education. Programs like Part 46 Instructor Development Courses can help increase consistency and reduce training-related citations.
Keeping your training program updated not only satisfies MSHA—it improves workplace safety and strengthens your company’s culture.
How to File an Appeal or Request Informal Review
Sometimes operators disagree with a citation. If you believe the violation was issued in error or the inspector overlooked important details, MSHA allows you to request an informal review.
During an informal review, the district office examines the citation and may contact you for additional information. They can modify or vacate the citation if appropriate.
If the informal review does not resolve the issue, you can file a formal appeal through the Federal Mine Safety and Health Review Commission. This is a more detailed process, and most mine operators seek expert guidance before pursuing it.
You must continue to meet MSHA’s abatement requirements during the review unless specifically told otherwise.
When to Seek Legal or Compliance Assistance
Not every citation requires outside help, but certain situations can benefit from it. You should consider seeking legal or compliance assistance if:
- The violation is classified as S&S
- Multiple citations occur in a short period
- You believe the citation was inaccurate
- You need help preparing an appeal
- You want assistance creating long-term compliance strategies
Consulting with experts can save time, prevent future violations, and reduce your risk. Many operators partner with compliance consultants to review their training programs, perform mock inspections, and provide staff education.
How to Avoid Repeat Violations in Future Inspections
The best way to avoid repeat citations is to create a strong, consistent culture of safety and documentation. Review your training materials regularly, make sure your workplace exams are thorough, and encourage your team to correct hazards as soon as they see them.
Communication plays a major role. When workers feel comfortable reporting hazards, small issues are resolved before MSHA ever arrives. It also helps to perform routine internal audits to identify potential gaps.
Maintaining updated training records, reviewing task procedures, and conducting regular staff meetings can help keep your team aligned and prevent surprise violations. A proactive approach is always easier—and cheaper—than a reactive one.
Navigating Part 46 Citations With Confidence
Receiving a Part 46 citation can feel stressful, but it doesn’t have to derail your operation. By understanding the citation, reviewing the notice carefully, responding quickly, documenting your actions, and developing a strong corrective action plan, you can take control of the situation and turn it into an opportunity to strengthen your safety program.
The steps in this guide help you not only correct the immediate issue but also build a safer, more compliant future for your operation. When you stay proactive, keep your training current, and involve your team in the process, you create an environment where violations become far less likely—and safety becomes part of your everyday work.