24% of proposed penalties paid to date, a $814,817 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2005
1
labor cases
$68,107
back wages owed
168
employees affected
Violation types
Wage & hour (FLSA) (1)
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
229
inspections on record
11,082
inspection hours
10.4
citations per 100 inspection hours
ⓘThis rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
1,149 citations across 11,082 inspection hours.
Source: MSHA inspections data, updated weekly.
Penalty disposition
ⓘDifferences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$1.1M
proposed penalties
$1.0M
current assessed
$253K
paid to date
$757K
outstanding
1,100 assessments are final orders; 36 contested dockets.
Of $702K in penalties contested before the Commission, $643K was upheld in final decisions.
As of the most recent assessment on 2008-04-28.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
ⓘShares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2008
ⓘThis rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
19.07
total case rate
12.71
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year
total case rate
days-away
fatal
2008 *
19.07
12.71
0.000
2007
3.71
2.78
0.000
2006
4.56
3.65
0.000
2005
4.13
3.10
0.000
2004
1.02
1.02
0.000
2003
1.96
1.96
0.000
2002
4.16
3.57
0.000
2001
4.83
4.14
0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Health sampling
ⓘA sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.
Respirable coal dust
ⓘRespirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Last sampled: 2008-04-24, 18 years ago
89%
within 1.5 mg/m3
1,248
samples
7.26
dust max (mg/m3)
514 samples taken by MSHA inspectors, 734 by the operator.
Noise
ⓘThe share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.
When citations were contested
ⓘContesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
46citations taken to the federal commission · 4% of citations on record
Settled
41 · 89%
Stood as issued
2 · 4%
Vacated or withdrawn
3 · 7%
94%
S&S designation survived the contest
ⓘCounts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 36 decided S&S contests · industry: 79%
4%
Penalty reduction in decided contests
$632K proposed, $607K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2009-01-12. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
Contested penalties
ⓘA reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
C.W. Mining Co. · Caught in, under or between a moving and a stationary object
A truck got stuck. The loader backed up to the truck to pull it out. The loader operator and the truck operator both got out to hook the chain up. The loader rolled back and crushed the truck operator between the truck and loader. THIS PERSON IS NOT AN EMPLOYEE OF OURS, WE DO NOT HAVE HIS INFORMATION. The loader impacted the loader operator in the back, he moved out of the way.
THE VICTIM WAS WATCHING MINER CABLE. THE ROOF STARTED TO CAVE, HE STARTED TO RUN AND THE SHUTTLE CAR WAS MOVING OUT AT THE SAME TIME. HE SLIPPED AND FELL AND WAS RAN OVER BY THE SHUTTLE CAR.
December 23, 1996UT · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · FALLING/SLIDING/ROLLING MATERIALS
I.NAME WHILE ATTEMPTING TO DISLODGE UP COAL THAT WAS STUCK IN THE COAL STORAGE BIN, WENT INTO THE BOTTOM OF THE BIN AND WAS BREAKING THE COAL LOOSE WITH A SHOVEL WHEN THE COAL BROKE LOOSE AND COVERED HIM COMPLETELY. HIS DEATH WAS DUE TO SUFFICATION. THIS ACT IS AGAINST COMPAY POLICY
For insurers, brokers, and safety consultants
Where Bill W Stoddard stands on silica, penalties, and injury rate
MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes
dust and quartz as separate files and never the silica figure itself. We derive it per sample,
score it against the limit, and set the operator's injury rate against a benchmark built from
the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality
history. Delivered as a PDF with the underlying data as CSV.