The Problem of Timely and Adequate Documentation

To justify decisions about compliance, individuals must maintain a timely and adequate system of documentation. 

The Mine Act specifies that mines must document conditions in the mines in writing. In a section entitled Reports, the Mine Act specifies that 

We [thus) distinguish between a claim that was improper at the time it was made from one which subsequently turned out to have been mistaken and criticism directed against the claim as originally made must attack the backing of the claim or the qualifications of the man who made it—showing that in the event it proved mistaken may do nothing to establish that it was at the time an improper claim to make. (pp. 59-60) 

During each preshift exam, examiners must test methane levels in each working section examine seals, doors, roof, face, rib conditions, active rcjad-ways, travelways, belt conveyors, air flow, air volume, and velocity and identify such other hazards and violations of the mandatory health or safety standards as an authorized representative of the Secretary may from time to time require. As evidence of this exam, examiners must record the results of their examinations with ink or indelible pencil in a book approved by the Secretary (Pub. L. No. 91-133, 30 CFR 75.303 (a), 1990). 

Agencies are also held accountable for the quality of their documentation. When inspectors perceive danger, they must provide adequate and timely written notice of the conditions and the practices that would bring the mine into compliance. The courts interpret this provision to mean that inspectors must state the problem in such a way that the operator can clearly understand what it is that he has to do to achieve abatement. This means that all parties involved in the decision must be able to recognize the hazards. specified in the violation and the conditions that would alleviate (or abate ) the 

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