Mining Incidents

Everett Gordon Justice: 399 MSHA citations controller

MSHA controller ID: C14555

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Fatalities
0
Total incidents
59
Mines on record
9
Years on record
1992–2026
Compliance record
MSHA citations since 2002
399
citations
109
significant & substantial
$152,434
proposed penalties
$140,196
paid to date
92% of proposed penalties paid to date, a $12,238 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
152
inspections on record
6,238
inspection hours
6.4
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.
399 citations across 6,238 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: 2011-11-03.
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.
$152K
proposed penalties
$140K
current assessed
$140K
paid to date
$0
outstanding
393 assessments are final orders; 8 contested dockets.
Of $38K in penalties contested before the Commission, $26K was upheld in final decisions.
As of the most recent assessment on 2026-03-23.
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.
27.7%
significant & substantial
8.4%
high negligence or reckless
27.7%
reasonably likely or greater
30.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 27.2% low, 63.9% moderate, 8.4% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2020
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.
3.28
total case rate
3.28
days-away rate
0.000
fatality rate
About average. The US coal mining average was 3.19 and the all-US-mining average was 2.08 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
2020 * 3.28 3.28 0.000
2019 * 3.51 3.51 0.000
2017 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 2.84 2.84 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 3.47 2.31 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: 2020-11-18, 5 years ago
100%
within 1.5 mg/m3
373
samples
0.84
dust max (mg/m3)
3
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.
264 samples taken by MSHA inspectors, 109 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR129
  • HIGHWALL DRILL OPERATOR98
  • HIGHLIFT OPERATOR/FRONT END LOADER47

Silica (quartz)

Last sampled: 2020-11-24, 5 years ago
22.9
silica avg (%)
25
samples
53.8
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR15
  • BULLDOZER OPERATOR10

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: 2020-11-17, 5 years ago
1%
over PEL
140
samples
Most-sampled occupations
  • BULLDOZER OPERATOR39
  • HIGHLIFT OPERATOR/FRONT END LOADER28
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE16
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.
16 citations taken to the federal commission · 4% of citations on record
  • Settled 13 · 81%
  • Stood as issued 3 · 19%
70%
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 10 decided S&S contests · industry: 79%
32%
Penalty reduction in decided contests
$38K 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 2023-12-18. 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 2022-0212 Settlement 2022 $13K → $13K
WEVA 2010-335 Settlement Rae 2011 $13K → $2K
WEVA 2012-1656 Settlement Lesnick 2013 $6K → $4K
WEVA 2024-0112 Settlement 2024 $3K → $3K
WEVA 2022-0211 Dismissal Moran 2022 $3K → $3K
WEVA 2022-0298 Default 2022 $133 → $133
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2026
1
2025
1
2024
2
2022
1
2020
1
2019
2
2014
2
2011
3
2010
6
2009
5
2008
5
2007
5
2006
1
2005
2
2004
3
2002
3
2001
1
1999
1
1996
1
1995
3
1994
4
1993
3
1992
3

Operators under this controller

Mines on record

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Where Everett Gordon Justice 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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