Mining Incidents

Mark E Daugherty: 1 recorded fatality controller

MSHA controller ID: 0059149

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Fatalities
1
Total incidents
3
Mines on record
1
Years on record
2017
Compliance record
MSHA citations since 2006
558
citations
194
significant & substantial
$280,786
proposed penalties
$180
paid to date
0% of proposed penalties paid to date, a $280,606 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
43
inspections on record
4,203
inspection hours
13.3
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.
558 citations across 4,203 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.
$281K
proposed penalties
$281K
current assessed
$180
paid to date
$280K
outstanding
542 assessments are final orders; 5 contested dockets.
Of $94K in penalties contested before the Commission, $94K was upheld in final decisions.
As of the most recent assessment on 2017-07-27.
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.
35.8%
significant & substantial
11.1%
high negligence or reckless
35.8%
reasonably likely or greater
27.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 4.6% low, 84.1% moderate, 10.5% high, 0.6% 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: 2017-06-06, 9 years ago
96%
within 1.5 mg/m3
133
samples
2.30
dust max (mg/m3)
1
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.
75 samples taken by MSHA inspectors, 58 by the operator.
Most-sampled occupations
  • CUTTING MACHINE OPERATOR59
  • ROOF BOLTER (SINGLE HEAD)17
  • SCOOP CAR OPERATOR17

Silica (quartz)

Last sampled: 2017-03-31, 9 years ago
3.9
silica avg (%)
13
samples
6.4
silica max (%)
Most-sampled occupations
  • CUTTING MACHINE OPERATOR9
  • ROOF BOLTER (SINGLE HEAD)1

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: 2016-11-16, 9 years ago
0%
over PEL
32
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR8
  • ROOF BOLTER (SINGLE HEAD)6
  • CUTTING MACHINE OPERATOR5
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.
79 citations taken to the federal commission · 14% of citations on record
  • Settled 4 · 5%
  • Stood as issued 75 · 95%
100%
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 32 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$94K proposed, $94K 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 2017-06-18. 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
KENT 2015-0272 Default Lesnick 2016 $52K → $52K
KENT 2017-0276 Default Lesnick 2017 $23K → $23K
KENT 2017-0277 Default Lesnick 2017 $12K → $12K
KENT 2017-0275 Default Lesnick 2017 $6K → $6K
KENT 2016-0074 Settlement Steele 2016 $777 → $637
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2017
3 (1f)

Operators under this controller

Mines on record

Fatalities under this controller

1 recorded
January 26, 2017 KY · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider Fatality · POWERED HAULAGE
R & C Coal, LLC · Caught in, under or between running or meshing objects

Death

For insurers, brokers, and safety consultants

Where Mark E Daugherty 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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