Brody Trust: 2,948 MSHA citations controller
MSHA controller ID: 0059129
Brody Trust has had no fatalities among 294 reportable incidents since 2006. MSHA has proposed $5.9M in penalties since 2006, with $2.5M outstanding.
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- Fatalities
- 0
- Total incidents
- 294
- Mines on record
- 1
- Years on record
- 2006–2013
Compliance record
MSHA citations since 2006
2,948
citations
1,033
significant & substantial
$5,896,537
proposed penalties
$2,342,686
paid to date
40% of proposed penalties paid to date, a $3,553,851 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
412
inspections on record
23,262
inspection hours
12.7
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.2,948 citations across 23,262 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘ
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.2
Section 107(a) orders
Most recent order: 2012-08-29.
On record since 2010.
Source: MSHA imminent-danger order records, 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.$5.9M
proposed penalties
$4.8M
current assessed
$2.3M
paid to date
$2.5M
outstanding
2,906 assessments are final orders; 132 contested dockets.
Of $5.7M in penalties contested before the Commission, $4.6M was upheld in final decisions.
As of the most recent assessment on 2013-10-21.
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.35.5%
significant & substantial
6.4%
high negligence or reckless
35.7%
reasonably likely or greater
43.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 6.7% low, 86.7% moderate, 6.0% high, 0.4% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2007
ⓘ
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 and are withheld below 20,000 hours in a year. Employment reports reach back to 1983, but those earlier years come from MSHA's archived file format and are not used in rates.27.79
total case rate
25.94
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
| Year | total case rate | days-away | fatal |
|---|---|---|---|
| 2007 | 27.79 | 25.94 | 0.000 |
| 2006 * | 5.17 | 5.17 | 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: 2007-10-30, 18 years ago
ⓘ
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.83%
within 1.5 mg/m3
242
samples
11.37
dust max (mg/m3)
36 samples taken by MSHA inspectors, 206 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR193
- SHUTTLE CAR OPERATOR (STANDARD SIDE)13
- ROOF BOLTER (SINGLE HEAD)11
Silica (quartz)
Last sampled: 2007-10-23, 18 years ago11.3
silica avg (%)
10
samples
29.6
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR10
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.
Last sampled: 2007-10-31, 18 years ago
ⓘ
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.8%
over PEL
12
samples
Most-sampled occupations
- ROOF BOLTER (SINGLE HEAD)4
- SHUTTLE CAR OPERATOR (STANDARD SIDE)4
- CONTINUOUS MINER OPERATOR2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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.
2,199
citations taken to the federal commission · 75% of citations on record
- Settled 1,856 · 84%
- Stood as issued 342 · 16%
- Vacated or withdrawn 1 · 0%
71%
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 1,357 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$5.7M proposed, $4.6M 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 2014-06-02. 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.
| Docket | Decision | Judge | Year | Proposed / upheld |
|---|---|---|---|---|
| WEVA 2013-370 | Dismissal | Moran | 2016 | $484K → $484K |
| WEVA 2013-997 | Dismissal | Moran | 2016 | $450K → $450K |
| WEVA 2009-1321 | Settlement | Feldman | 2011 | $316K → $275K |
| WEVA 2008-1856 | Settlement | Miller | 2010 | $265K → $256K |
| WEVA 2013-564 | Dismissal | Moran | 2016 | $239K → $239K |
| WEVA 2008-1780 | Settlement | Barbour | 2010 | $238K → $160K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- HANDLING OF MATERIALS 65 non-fatal
- SLIP OR FALL OF PERSON 58 non-fatal
- FALL OF ROOF OR BACK 54 non-fatal
- MACHINERY 28 non-fatal
- FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL 24 non-fatal
- POWERED HAULAGE 23 non-fatal
Incident timeline
2013
3
2012
44
2011
45
2010
37
2009
39
2008
59
2007
63
2006
4
Operators under this controller
- Brody Mining LLC 294
Mines on record
For insurers, brokers, and safety consultants
Where Brody Trust 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.
The federal record itself stays free on this site. What costs money, and why.