Mining Incidents

ERP Compliant Fuels, LLC: 3 recorded fatalities controller

MSHA controller ID: 0130321

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Fatalities
3
Total incidents
173
Mines on record
7
Years on record
2016–2019
Compliance record
MSHA citations since 2016
3,415
citations
783
significant & substantial
$3,253,585
proposed penalties
$819,663
paid to date
25% of proposed penalties paid to date, a $2,433,922 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
659
inspections on record
33,595
inspection hours
10.2
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.
3,415 citations across 33,595 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.
5
Section 107(a) orders
Most recent order: 2018-05-02.
On record since 2016.
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.
$3.3M
proposed penalties
$2.3M
current assessed
$820K
paid to date
$1.5M
outstanding
3,298 assessments are final orders; 100 contested dockets.
Of $2.1M in penalties contested before the Commission, $1.2M was upheld in final decisions.
As of the most recent assessment on 2024-01-11.
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.
23.4%
significant & substantial
6.2%
high negligence or reckless
23.4%
reasonably likely or greater
27.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 22.6% low, 71.1% moderate, 6.2% 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.
7.07
total case rate
4.04
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
Year total case rate days-away fatal
2019 7.07 4.04 0.000
2018 5.00 3.51 0.000
2017 7.35 5.03 0.193
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: 2019-04-29, 7 years ago
99%
within 1.5 mg/m3
5,410
samples
3.21
dust max (mg/m3)
40
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.
820 samples taken by MSHA inspectors, 4,590 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1,373
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)1,288
  • SHUTTLE CAR OPERATOR (OFF STANDARD)555

Silica (quartz)

Last sampled: 2019-05-02, 7 years ago
4.5
silica avg (%)
324
samples
40.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR71
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)70
  • SHUTTLE CAR OPERATOR (OFF STANDARD)33

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: 2019-03-13, 7 years ago
17%
over PEL
292
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)49
  • BULLDOZER OPERATOR28
  • CONTINUOUS MINER OPERATOR27
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.
750 citations taken to the federal commission · 22% of citations on record
  • Settled 750 · 100%
92%
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 526 decided S&S contests · industry: 79%
45%
Penalty reduction in decided contests
$2.1M proposed, $1.2M 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 2019-10-20. 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 2018-0110 Settlement Lewis 2019 $100K → $66K
SE 2019-0172 Settlement Rae 2019 $77K → $25K
WEVA 2019-0357 Settlement Paez 2019 $72K → $18K
SE 2018-0201 Settlement Feldman 2019 $71K → $35K
WEVA 2018-0592 Settlement Lewis 2019 $69K → $46K
SE 2019-0079 Settlement Rae 2019 $66K → $29K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
14
2018
64
2017
90 (2f)
2016
5 (1f)

Operators under this controller

Mines on record

Fatalities under this controller

3 recorded
June 19, 2017 AL · Coal examiner, fire boss, pre-shift examiner, mine examiner Fatality · POWERED HAULAGE
Oak Grove Resources LLC · Struck against stationary object

Injured employee sustained fatal injuries resulting from head trauma after jumping or being thrown from the lead locomotive of a supply trip at crosscut 16 on east mains track.

May 18, 2017 WV · Coal utility man, errand boy, service truck operator Fatality · POWERED HAULAGE
Pinnacle Mining Company LLC · Struck against stationary object

EMPLOYEE WAS OPERATING #43 DC MOTOR ALONG 8 HAULAGE EXTENSION TRACK WHEN EMPLOYEE STRUCK EMPLOYEE'S HEAD AGAINST A ROOF SUPPORT BEAM. INCIDENT INVESTIGATION ONGOING

December 2, 2016 AL · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · MACHINERY
Oak Grove Resources LLC · Caught in, under or between collapsing material or buildings

During Longwall setup procedures, two service representatives from shield manufacturer were installing yield valves on shields. The deceased was positioned behind leg jacks installing yield valves on tilt jack, while second representative began to install yield valves on leg jack. Plugs from both jacks were removed causing the shield canopy to collapse crushing the victim.

For insurers, brokers, and safety consultants

Where ERP Compliant Fuels, LLC 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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