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Edward L Clemons Estate: 1,020 MSHA citations controller

MSHA controller ID: C05268

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Email me when a new MSHA incident is filed at any mine Edward L Clemons Estate controls.

Fatalities
0
Total incidents
171
Mines on record
26
Years on record
1983–2015
Compliance record
MSHA citations since 2000
1,020
citations
439
significant & substantial
$1,033,883
proposed penalties
$591,045
paid to date
57% of proposed penalties paid to date, a $442,838 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
379
inspections on record
9,427
inspection hours
10.8
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.
1,020 citations across 9,427 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.
1
Section 107(a) orders
Most recent order: 2014-08-27.
On record since 2014.
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.
$1.0M
proposed penalties
$641K
current assessed
$591K
paid to date
$50K
outstanding
1,010 assessments are final orders; 17 contested dockets.
Of $526K in penalties contested before the Commission, $133K was upheld in final decisions.
As of the most recent assessment on 2019-09-18.
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.
43.5%
significant & substantial
2.5%
high negligence or reckless
44.0%
reasonably likely or greater
9.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 9.9% low, 87.6% moderate, 2.5% 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 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 3.76 3.76 0.000
2014 * 0.00 0.00 0.000
2013 5.53 5.53 0.000
2012 * 8.42 8.42 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: 2019-08-26, 7 years ago
98%
within 1.5 mg/m3
930
samples
2.98
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.
635 samples taken by MSHA inspectors, 295 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR278
  • HIGHWALL DRILL OPERATOR221
  • HIGHLIFT OPERATOR/FRONT END LOADER154

Silica (quartz)

Last sampled: 2018-08-27, 7 years ago
12.2
silica avg (%)
94
samples
45.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR53
  • HIGHWALL DRILL OPERATOR35
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
See US coal mines ranked by silica in their dust samples.

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: 2019-08-20, 7 years ago
4%
over PEL
386
samples
Most-sampled occupations
  • BULLDOZER OPERATOR91
  • HIGHLIFT OPERATOR/FRONT END LOADER78
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE75
See US mines ranked by noise samples over the legal limit.
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.
65 citations taken to the federal commission · 6% of citations on record
  • Settled 59 · 91%
  • Stood as issued 6 · 9%
98%
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 43 decided S&S contests · industry: 79%
75%
Penalty reduction in decided contests
$526K proposed, $133K 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 2019-06-09. 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
KENT 2015-0296 Prevail Barbour 2016 $358K → $15K
KENT 2009-959 Settlement Harner 2011 $51K → $35K
KENT 2019-0263 Settlement Manning 2019 $31K → $22K
KENT 2015-0085 Settlement Barbour 2015 $25K → $15K
KENT 2019-0047 Settlement Bulluck 2019 $9K → $6K
KENT 2013-1068 Settlement Simonton 2014 $9K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2015
1
2014
1
2013
3
2012
4
2011
2
2010
3
2009
8
2008
7
2007
17
2006
8
2005
6
2004
7
2003
13
2002
11
2001
16
2000
6
1999
6
1998
3
1996
1
1995
6
1994
10
1993
2
1992
2
1991
7
1990
1
1989
7
1988
2
1987
2
1983
9

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Edward L Clemons Estate 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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