Mining Incidents

NCGPAsset Holdings II LP: 254 MSHA citations controller

MSHA controller ID: 0089493

NCGPAsset Holdings II LP has had no fatalities among 5 reportable incidents since 2010. MSHA has proposed $74K in penalties since 2009.

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Fatalities
0
Total incidents
5
Mines on record
3
Years on record
2010–2011
Compliance record
MSHA citations since 2009
254
citations
116
significant & substantial
$74,358
proposed penalties
$52,320
paid to date
70% of proposed penalties paid to date, a $22,038 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
60
inspections on record
2,442
inspection hours
10.4
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.
254 citations across 2,442 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: 2011-03-01.
On record since 2010.
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.
$74K
proposed penalties
$52K
current assessed
$52K
paid to date
$0
outstanding
241 assessments are final orders; 31 contested dockets.
Of $64K in penalties contested before the Commission, $42K was upheld in final decisions.
As of the most recent assessment on 2011-07-27.
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.
48.1%
significant & substantial
2.9%
high negligence or reckless
48.1%
reasonably likely or greater
10.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.6% low, 92.5% moderate, 2.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2011
ⓘ 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 and are withheld below 20,000 hours in a year. Employment reports reach back to 1983, but those earlier years come from MSHA's archived file format and are not used in rates.
2.31
total case rate
2.31
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
Year total case rate days-away fatal
2011 2.31 2.31 0.000
2010 2.19 1.46 0.000
2009 0.00 0.00 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: 2011-07-30, 15 years ago
97%
within 1.5 mg/m3
494
samples
4.89
dust max (mg/m3)
217 samples taken by MSHA inspectors, 277 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR238
  • ROOF BOLTER (SINGLE HEAD)50
  • MOBILE BRIDGE OPERATOR28

Silica (quartz)

Last sampled: 2011-06-24, 15 years ago
6.8
silica avg (%)
22
samples
29.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (SINGLE HEAD)5
  • BULLDOZER OPERATOR4

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: 2011-06-22, 15 years ago
8%
over PEL
119
samples
Most-sampled occupations
  • BULLDOZER OPERATOR18
  • HIGHLIFT OPERATOR/FRONT END LOADER17
  • MOBILE BRIDGE OPERATOR15
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.
146 citations taken to the federal commission · 57% of citations on record
  • Settled 124 · 85%
  • Stood as issued 22 · 15%
90%
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 113 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$64K proposed, $42K 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 2011-12-01. 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 2011-516 Settlement Feldman 2013 $8K → $500
KENT 2010-332 Settlement McCarthy 2011 $7K → $6K
KENT 2010-1381 Settlement McCarthy 2011 $5K → $5K
KENT 2010-547 Settlement McCarthy 2012 $5K → $4K
SE 2010-1009 Settlement Feldman 2012 $5K → $100
KENT 2012-292 Settlement Lesnick 2012 $5K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2011
2
2010
3

Operators under this controller

Mines on record

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Where NCGPAsset Holdings II LP 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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