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Polymet Mining (PLM)

Filed: 28 Mar 19, 8:00pm
Exhibit 99.4
Disclosure of Mine Safety and Health Administration (“MSHA”) Safety Data
PolyMet is committed to the health and safety of its employees and in providing an incident free workplace. The Company maintains a comprehensive health and safety program that includes extensive training for all employees and contractors, site inspections, emergency response preparedness, crisis communications training, incident investigation, regulatory compliance training and process auditing.
PolyMet’s U.S. mining operations are subject to MSHA regulation under the U.S. Federal Mine Safety and Health Act of 1977 (the “Mine Act”). MSHA inspects our mining operations on a regular basis and issues various citations and orders when it believes a violation has occurred under the Mine Act. Whenever MSHA issues a citation or order, it also generally proposes a civil penalty, or fine, related to the alleged violation.
The following disclosures are provided pursuant to Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), which requires certain disclosures by companies required to file periodic reports under the Securities Exchange Act of 1934 that operate mines regulated under the Mine Act.
The information in the table below reflects citations and orders MSHA issued to PolyMet during the fiscal year ended December 31, 2018 as reflected in our records. The data in our system may not match or reconcile with the data MSHA maintains on its public website. In evaluating this information, consideration should also be given to factors such as: (i) the number of citations and orders may vary depending on the size and operation of the mine, (ii) the number of citations issued may vary from inspector to inspector and mine to mine, and (iii) citations and orders may be contested and appealed, and in that process, may be reduced in severity and amount, and may be dismissed.

Mine
ID number(1)
 
 
Mine or
Operating
Name
 
Section
104
Significant
and
Substantial
Citations (2)
  
Section
104(b)
Orders (3)
  
Section
104(d)
Citations
and
Orders (4)
  
Section
110(b)(2)
Violations (5)
  
Section
107(a)
Orders (6)
  
Total dollar
value of
MSHA
assessments
proposed (7)
  
Total
number
of
Mining
Related
Fatalities
  
Received
Notice of
Pattern of
Violations
Under
Section
104(e)
yes/no
  
Received
Notice of
Potential
to Have
Pattern
under
section
104(e)
yes/no
  
Legal
Actions
Pending
as of
Last
Day of
Period(8)
  
Categories
of
Pending
Legal
Actions
(i-vii)(9)
  
Legal
Actions
Initiated
During
Period
  
Legal
Actions
Resolved
During
Period
 
2103658 POLYMET  0    0   0   0   0   $    118   0   No   No   0   NA   0   0  
 
1MSHA assigns an identification number to each mine or operation and may or may not assign separate identification number to related facilities. The information provided in this table is presented by mine identification number.
2Represents the total number of citations issued by MSHA for violation of health or safety standards that could significantly and substantially contribute to a serious injury if left unabated.
3Represents the total number of orders issued, which represents a failure to abate a citation under section 104(a) within the period prescribed by MSHA. This results in an order of immediate withdrawal from the area of the mine affected by the condition until MSHA determines that the violation has been abated.
4Represents the total number of citation and orders issued by MSHA for unwarrantable failure to comply with mandatory health or safety standards.
5Represents the total number of flagrant violations identified.
6Represents the total number of imminent danger orders issued under section 107(a) of the Mine Act.
7Amounts represent the total dollar value of proposed assessments received from MSHA.
8Pending legal actions before the Federal Mine Safety and Health Review Commission (the “Commission”) as required to be reported by Section 1503(a)(3) of the Act.
9The following provides additional information regarding the types or categories of proceedings that may be brought before the commission:
 (i)Contest Proceedings - may be filed with the Commission by an operator to challenge the issuance of a citation or order issued by MSHA;
 (ii)Civil Penalty Proceedings - may be filed with the Commission by an operator to challenge a civil penalty MSHA has proposed for a violation contained in a citation or order;
 (iii)Discrimination Proceedings - involves a miner’s allegation that he or she has suffered adverse employment action because he or she engaged in activity protected under the Mine Act, such as making a safety complaint;
 (iv)Temporary Reinstatement Proceedings - involves cases in which a miner has filed a complaint with MSHA stating that he or she suffered discrimination and the miner lost his or her position;
 (v)Compensation Proceedings - may be filed with the Commission by miners entitled to compensation when a mine is closed by certain closure orders issued by MSHA. The purpose of the proceeding is to determine the amount of compensation if any, due to miners idled by the orders;
 (vi)Applications for Temporary Relief - applications for temporary relief of any order issued under Section 104; and
 (vii)Appeals.