Mining Incidents

Carolyn S Fryback; Walter Craig Coshow: 259 MSHA citations controller

MSHA controller ID: M00198

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Fatalities
0
Total incidents
56
Mines on record
6
Years on record
1983–2012
Compliance record
MSHA citations since 2000
259
citations
49
significant & substantial
$27,791
proposed penalties
$27,229
paid to date
98% of proposed penalties paid to date, a $562 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
153
inspections on record
2,290
inspection hours
11.3
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.
259 citations across 2,290 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.
$28K
proposed penalties
$27K
current assessed
$27K
paid to date
$0
outstanding
259 assessments are final orders; 11 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2012-09-12.
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.
18.9%
significant & substantial
2.3%
high negligence or reckless
18.5%
reasonably likely or greater
40.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 14.7% low, 83.0% moderate, 2.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
19 citations taken to the federal commission · 7% of citations on record
  • Settled 16 · 84%
  • Stood as issued 3 · 16%
64%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 11 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$3K proposed, $3K 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 2012-04-17. 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
LAKE 2011-282M Settlement Lewis 2011 $600 → $600
LAKE 2011-74M Settlement Lesnick 2011 $451 → $308
LAKE 2012-531M Settlement Lesnick 2012 $400 → $400
LAKE 2010-173M Settlement Miller 2011 $308 → $230
LAKE 2011-72M Dismissal Miller 2011 $307 → $200
LAKE 2011-944M Settlement Feldman 2012 $285 → $265
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
3
2010
3
2009
1
2007
3
2006
3
2004
3
2003
8
2002
7
2000
2
1989
3
1988
6
1987
9
1985
2
1984
2
1983
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Carolyn S Fryback; Walter Craig Coshow 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.

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