Mining Incidents

Michael Rothermel; John Scheib: 2 recorded fatalities controller

MSHA controller ID: C11307

Watch this controller

Email me when a new MSHA incident is filed at any mine Michael Rothermel; John Scheib controls.

Fatalities
2
Total incidents
9
Mines on record
3
Years on record
1990–2006
Compliance record
MSHA citations since 2001
50
citations
11
significant & substantial
$3,864
proposed penalties
$2,841
paid to date
74% of proposed penalties paid to date, a $1,023 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
100
inspections on record
1,663
inspection hours
3.0
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.
50 citations across 1,663 inspection hours.
Source: MSHA inspections data, 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.
$4K
proposed penalties
$3K
current assessed
$3K
paid to date
$643
outstanding
45 assessments are final orders; 6 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2018-10-25.
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.
23.9%
significant & substantial
4.3%
high negligence or reckless
30.4%
reasonably likely or greater
17.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.5% low, 89.1% moderate, 4.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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: 2014-09-08, 11 years ago
93%
within 1.5 mg/m3
82
samples
6.17
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.
72 samples taken by MSHA inspectors, 10 by the operator.
Most-sampled occupations
  • BACKHOE OPERATOR15
  • HAND LOADERS11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11

Silica (quartz)

Last sampled: 2014-09-15, 11 years ago
18.5
silica avg (%)
4
samples
33.1
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2014-09-08, 11 years ago
9%
over PEL
53
samples
Most-sampled occupations
  • BACKHOE OPERATOR12
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE10
  • LABORER/BLACKSMITH7
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.
22 citations taken to the federal commission · 44% of citations on record
  • Settled 16 · 73%
  • Stood as issued 5 · 23%
  • Vacated or withdrawn 1 · 5%
67%
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 9 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$2K proposed, $1K 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 2007-09-17. 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
PENN 2006-201 Prevail Bulluck 2007 $1K → $1K
PENN 2006-191 Dismissal Melick 2006 $255 → $75
PENN 2006-286 Default Bulluck 2007 $72 → $72
PENN 2007-250 Dismissal Lesnick 2007 $60 → $60
PENN 2007-368 Default Lesnick 2008 $60 → $60
PENN20020159 Default Barbour 2002 $55 → $55
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2006
1
1999
1
1998
2 (1f)
1997
1
1996
1
1994
1 (1f)
1991
1
1990
1

Operators under this controller

Mines on record

Fatalities under this controller

2 recorded
July 16, 1998 PA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · IGNITION OR EXPLOSION OF GAS OR DUST
Summit Anthracite Inc · Struck by concussion

TWO MINERS WERE ASSIGNED WORK IN THE MONKEY HEADING OF THE 2ND LEVEL EAST GANGWAY WORKING. THEY APPARENTLY WERE PREPARING A HITCH FOR ROOF SUPPORT IN THE CYCLE OF MINING, AND AS THEY FRED THE HITCH, A POCKET OF METHANE GAS WAS IGNITED CAUSIING AN EXPLOSION TO OCCUR. THE RESUTLING EXPLOSION CAUSED FATAL INJURIES TO ONE AND SERIOUS INJURIES TO OTHER.

February 11, 1994 PA · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler Fatality · FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Summit Anthracite Inc · Struck by falling object

#14 HEADING HOLED THROUGH #15 ALLOWING UNUSUAL PRESSURE TO BE APPLIED TO HIGH SIDE RIB TIMBER.THE TIMBER AND ROOF SUBSEQUENTLY FELL ON THE MINER AS HE WAS IN THE PROCESS OF INSTALLING TEMPORAR Y ADDITIONAL ROOF AND RIB SUPPORTS.

For insurers, brokers, and safety consultants

Where Michael Rothermel; John Scheib 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.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
Need a different cut of the data? Ask us