Mining Incidents

Energy Future Holdings Corporation: 1 recorded fatality controller

MSHA controller ID: 0072953

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Email me when a new MSHA incident is filed at any mine Energy Future Holdings Corporation controls.

Fatalities
1
Total incidents
435
Mines on record
11
Years on record
2007–2016
Compliance record
MSHA citations since 2007
1,065
citations
251
significant & substantial
$990,389
proposed penalties
$868,875
paid to date
88% of proposed penalties paid to date, a $121,514 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
530
inspections on record
30,076
inspection hours
3.5
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.
1,065 citations across 30,076 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: 2011-07-20.
On record since 2011.
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.
$990K
proposed penalties
$869K
current assessed
$869K
paid to date
$0
outstanding
1,012 assessments are final orders; 60 contested dockets.
Of $521K in penalties contested before the Commission, $399K was upheld in final decisions.
As of the most recent assessment on 2016-09-21.
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.
24.8%
significant & substantial
4.5%
high negligence or reckless
25.8%
reasonably likely or greater
21.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 37.6% low, 57.3% moderate, 4.5% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2016
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.
0.83
total case rate
0.33
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
Year total case rate days-away fatal
2016 0.83 0.33 0.000
2015 0.59 0.24 0.000
2014 1.94 0.81 0.000
2013 1.05 0.55 0.000
2012 0.88 0.15 0.000
2011 1.77 0.53 0.000
2010 1.16 0.35 0.000
2009 1.56 0.27 0.000
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: 2016-09-21, 9 years ago
100%
within 1.5 mg/m3
991
samples
1.04
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.
831 samples taken by MSHA inspectors, 160 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR398
  • COAL TRUCK DRIVER218
  • HIGHLIFT OPERATOR/FRONT END LOADER157

Silica (quartz)

Last sampled: 2016-06-17, 10 years ago
2.5
silica avg (%)
6
samples
4.7
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • CRUSHER ATTENDANT1

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: 2016-05-31, 10 years ago
2%
over PEL
641
samples
Most-sampled occupations
  • BULLDOZER OPERATOR152
  • COAL TRUCK DRIVER131
  • HIGHLIFT OPERATOR/FRONT END LOADER94
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.
122 citations taken to the federal commission · 11% of citations on record
  • Settled 105 · 86%
  • Stood as issued 17 · 14%
65%
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 63 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$521K proposed, $399K 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 2016-01-11. 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
CENT 2009-320 Settlement Miller 2010 $140K → $112K
CENT 2011-849 Settlement Paez 2013 $84K → $84K
CENT 2012-914 Settlement Miller 2013 $52K → $40K
CENT 2016-0160 Settlement Bulluck 2016 $47K → $20K
CENT 2008-664 Settlement Weisberger 2009 $26K → $23K
CENT 2012-519 Settlement Manning 2013 $17K → $8K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2016
22
2015
29
2014
61
2013
42
2012
40
2011
70
2010
41
2009
60
2008
61 (1f)
2007
9

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
January 12, 2008 TX · Coal coal/ore shovel operator, shoveler, power shoveler Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Luminant Mining Company LLC · Struck by falling object

Employee exited the Hitachi Shovel and placed himself between the shovel and highwall. While on the ground between the shovel and highwall, the highwall sloughed and pinned the employee against the track of the machine resulting in a fatality.

For insurers, brokers, and safety consultants

Where Energy Future Holdings Corporation 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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