Cecil Nichols: 363 MSHA citations controller
MSHA controller ID: C03164
Watch this controller
Email me when a new MSHA incident is filed at any mine Cecil Nichols controls.
- Fatalities
- 0
- Total incidents
- 35
- Mines on record
- 5
- Years on record
- 1984–2010
Compliance record
MSHA citations since 2010
363
citations
136
significant & substantial
$195,645
proposed penalties
$89,801
paid to date
46% of proposed penalties paid to date, a $105,844 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2010
49
inspections on record
2,376
inspection hours
15.3
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.363 citations across 2,376 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.$196K
proposed penalties
$192K
current assessed
$90K
paid to date
$102K
outstanding
345 assessments are final orders; 13 contested dockets.
Of $29K in penalties contested before the Commission, $26K was upheld in final decisions.
As of the most recent assessment on 2013-01-24.
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.39.4%
significant & substantial
4.3%
high negligence or reckless
40.9%
reasonably likely or greater
12.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.9% low, 90.7% moderate, 4.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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: 2012-11-12, 13 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.94%
within 1.5 mg/m3
233
samples
3.52
dust max (mg/m3)
97 samples taken by MSHA inspectors, 136 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR95
- SHUTTLE CAR OPERATOR (STANDARD SIDE)23
- SCOOP CAR OPERATOR9
Silica (quartz)
Last sampled: 2012-09-06, 13 years ago5.7
silica avg (%)
13
samples
9.1
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR3
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: 2012-05-02, 14 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.0%
over PEL
17
samples
Most-sampled occupations
- SHUTTLE CAR OPERATOR (STANDARD SIDE)4
- CONTINUOUS MINER OPERATOR3
- ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)3
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.
76
citations taken to the federal commission · 21% of citations on record
- Settled 52 · 68%
- Stood as issued 24 · 32%
90%
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 52 decided S&S contests · industry: 79%
12%
Penalty reduction in decided contests
$29K proposed, $26K 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 2012-05-03. 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 |
|---|---|---|---|---|
| VA 2012-411 | Default | Lesnick | 2012 | $5K → $5K |
| VA 2011-686 | Settlement | Lesnick | 2012 | $5K → $4K |
| VA 2011-685 | Settlement | Lesnick | 2012 | $4K → $3K |
| VA 2011-218 | Settlement | Koutras | 2012 | $4K → $3K |
| VA 2010-490 | Settlement | Lesnick | 2011 | $3K → $3K |
| VA 2011-180 | Default | Lesnick | 2011 | $2K → $2K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- HANDLING OF MATERIALS 9 non-fatal
- FALL OF ROOF OR BACK 7 non-fatal
- MACHINERY 6 non-fatal
- POWERED HAULAGE 6 non-fatal
- SLIP OR FALL OF PERSON 3 non-fatal
- HANDTOOLS (NONPOWERED) 2 non-fatal
Incident timeline
2010
2
1989
4
1988
12
1987
3
1985
5
1984
9
Operators under this controller
Mines on record
- Dismal Fk. Upper Banner Mine VA
- Apollo VA
- Justice WV
- Mine No 4 WV
- Mine No 1 VA
For insurers, brokers, and safety consultants
Where Cecil Nichols 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.