Mining Incidents

Felson Bowman: 3 recorded fatalities controller

MSHA controller ID: C05973

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Fatalities
3
Total incidents
477
Mines on record
11
Years on record
1983–2017
Compliance record
MSHA citations since 2000
1,395
citations
452
significant & substantial
$1,101,917
proposed penalties
$844,895
paid to date
77% of proposed penalties paid to date, a $257,022 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
579
inspections on record
16,186
inspection hours
8.6
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.
1,395 citations across 16,186 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: 2015-08-10.
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.
$1.1M
proposed penalties
$914K
current assessed
$845K
paid to date
$69K
outstanding
1,365 assessments are final orders; 45 contested dockets.
Of $435K in penalties contested before the Commission, $247K was upheld in final decisions.
As of the most recent assessment on 2017-04-13.
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.
33.0%
significant & substantial
3.9%
high negligence or reckless
32.9%
reasonably likely or greater
16.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 4.7% low, 91.3% moderate, 3.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2017
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.
9.25
total case rate
7.40
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.79 and the all-US-mining average was 2.48 cases per 100 workers.
Year total case rate days-away fatal
2017 9.25 7.40 0.000
2016 4.07 3.56 0.000
2015 7.06 6.05 0.000
2014 9.68 6.77 0.000
2013 9.58 8.98 0.000
2012 4.24 3.54 0.000
2011 8.79 6.48 0.000
2010 16.10 10.73 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: 2017-03-14, 9 years ago
99%
within 1.5 mg/m3
409
samples
1.70
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.
293 samples taken by MSHA inspectors, 116 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR164
  • HIGHWALL DRILL OPERATOR65
  • HIGHLIFT OPERATOR/FRONT END LOADER40

Silica (quartz)

Last sampled: 2016-11-03, 9 years ago
11.6
silica avg (%)
28
samples
41.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR20
  • HIGHWALL DRILL OPERATOR8

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: 2016-10-26, 9 years ago
10%
over PEL
145
samples
Most-sampled occupations
  • BULLDOZER OPERATOR35
  • HIGHLIFT OPERATOR/FRONT END LOADER17
  • 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.
97 citations taken to the federal commission · 7% of citations on record
  • Settled 92 · 95%
  • Stood as issued 5 · 5%
75%
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 64 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$434K proposed, $247K 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 2016-12-15. 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
LAKE 2017-0052 Prevail 2019 $77K → $14K
LAKE 2017-0099 Prevail Moran 2018 $68K → $68K
LAKE 2009-111 Settlement Barbour 2010 $41K → $7K
LAKE 2007-209 Settlement Manning 2009 $28K → $22K
LAKE 2008-441 Settlement Bulluck 2010 $22K → $9K
LAKE 2008-24 Settlement Manning 2008 $18K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2017
5
2016
10
2015
14
2014
20
2013
18
2012
7
2011
21
2010
34
2009
26
2008
13
2007
14
2006
7
2005
16
2004
43
2003
32 (1f)
2002
27 (1f)
2001
38
2000
23
1999
5 (1f)
1998
6
1997
21
1996
20
1995
8
1994
26
1993
3
1992
4
1991
6
1990
1
1989
4
1988
3
1985
1
1983
1

Operators under this controller

Mines on record

Fatalities under this controller

3 recorded
June 23, 2003 IN · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech Fatality · MACHINERY
Solar Sources Mining LLC · Caught in, under or between a moving and a stationary object

EE & CO-WORKER WERE GOING TO MOVE A LARGE PIECE OF METAL TO BLOCK UP A LOADER. COWORKER WAS IN THE LOADER AND THE BUCKET WAS IN THE AIR. EE DIRECTED COWORKER IN THE LOADER AND SIGNALED HIM TO STOP. COWORKER SAID HE STOPPED AND WAITED FOR EE TO ATTACH THE CHAIN. EE DID NOT RETURN. COWORKER GOT OFF LOADER & SAW EE WAS TRAPPED BETWEEN LOADER BUCKET & METAL. SUFFERED FATAL HEAD INJURIE

February 24, 1999 IN · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Solar Sources Mining LLC · Struck by falling object

OPERATOR WAS PREPARING TO MARKING HIGHWALL, TO MARK EDGE OF SHOT. WHEN SEVERAL LARGE PIECES OF ROCK FELL FROM THE HIGHWALL STRIKING HIM AND COVERING HIS BODY. THIS RESULTED IN HIS DEATH.

For insurers, brokers, and safety consultants

Where Felson Bowman 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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