Mining Incidents

David Cline: 885 MSHA citations controller

MSHA controller ID: C15217

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Fatalities
0
Total incidents
35
Mines on record
4
Years on record
1996–2018
Compliance record
MSHA citations since 2000
885
citations
184
significant & substantial
$333,019
proposed penalties
$251,423
paid to date
75% of proposed penalties paid to date, a $81,596 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2008
1
labor cases
$8,856
back wages owed
4
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
299
inspections on record
10,952
inspection hours
8.1
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.
885 citations across 10,952 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.
$333K
proposed penalties
$251K
current assessed
$251K
paid to date
$0
outstanding
864 assessments are final orders; 39 contested dockets.
Of $203K in penalties contested before the Commission, $121K was upheld in final decisions.
As of the most recent assessment on 2022-03-04.
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.
21.3%
significant & substantial
5.1%
high negligence or reckless
21.4%
reasonably likely or greater
18.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 34.0% low, 60.3% moderate, 5.1% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 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
2019 * 0.00 0.00 0.000
2018 * 3.52 3.52 0.000
2017 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2013 * 6.75 6.75 0.000
2012 * 28.05 28.05 0.000
2011 * 5.62 0.00 0.000
2010 * 18.42 18.42 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: 2019-06-27, 7 years ago
93%
within 1.5 mg/m3
582
samples
6.25
dust max (mg/m3)
0
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
328 samples taken by MSHA inspectors, 254 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR257
  • MOBILE BRIDGE OPERATOR113
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)52

Silica (quartz)

Last sampled: 2019-07-03, 7 years ago
4.7
silica avg (%)
58
samples
10.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR30
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2

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: 2019-09-05, 6 years ago
4%
over PEL
82
samples
Most-sampled occupations
  • MOBILE BRIDGE OPERATOR34
  • CONTINUOUS MINER OPERATOR15
  • ROOF BOLTER (SINGLE HEAD)7
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.
221 citations taken to the federal commission · 25% of citations on record
  • Settled 221 · 100%
86%
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 49 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$203K proposed, $121K 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 2019-11-05. 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 2019-0504 Settlement McCarthy 2020 $51K → $5K
WEVA 2011-1710 Settlement Steele 2012 $19K → $14K
WEVA 2016-0084 Prevail McCarthy 2016 $17K → $17K
WEVA 2011-862 Settlement McCarthy 2012 $14K → $4K
WEVA 2011-1418 Prevail Bulluck 2013 $14K → $15K
WEVA 2014-338 Settlement Simonton 2014 $11K → $9K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2018
1
2015
2
2013
2
2012
8
2011
3
2010
3
2009
3
2008
1
2007
3
2006
1
2004
1
2002
2
2001
2
2000
1
1997
1
1996
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where David Cline 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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