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Contains the updated version of Title I of the Federal Mine Safety and Health Act of 1977 (Mine Act) integrated with the provisions of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act), and the Commission's procedural and Equal Access to Justice Act rules.
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In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensur...