Mining Incidents

Questor Management Company LLC; Benjamin M Statler: 5,217 MSHA citations controller

MSHA controller ID: 0041837

Questor Management Company LLC; Benjamin M Statler has had no fatalities among 289 reportable incidents since 2003. MSHA has proposed $3.7M in penalties since 2003, with $678 outstanding.

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Fatalities
0
Total incidents
289
Mines on record
5
Years on record
2003–2007
Compliance record
MSHA citations since 2003
5,217
citations
2,275
significant & substantial
$3,707,888
proposed penalties
$2,929,267
paid to date
79% of proposed penalties paid to date, a $778,621 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
930
inspections on record
39,869
inspection hours
13.1
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.
5,217 citations across 39,869 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.
$3.7M
proposed penalties
$2.9M
current assessed
$2.9M
paid to date
$678
outstanding
5,138 assessments are final orders; 79 contested dockets.
Of $2.0M in penalties contested before the Commission, $1.2M was upheld in final decisions.
As of the most recent assessment on 2007-07-31.
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.
44.2%
significant & substantial
4.3%
high negligence or reckless
44.4%
reasonably likely or greater
12.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 6.8% low, 88.5% moderate, 4.2% high, 0.1% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2007
ⓘ 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.
7.93
total case rate
6.61
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
Year total case rate days-away fatal
2007 7.93 6.61 0.000
2006 5.87 4.35 0.000
2005 6.37 5.85 0.000
2004 4.79 4.25 0.000
2003 7.59 6.21 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: 2007-07-30, 19 years ago
86%
within 1.5 mg/m3
2,309
samples
8.48
dust max (mg/m3)
1,224 samples taken by MSHA inspectors, 1,085 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR586
  • JACK SETTER (LONGWALL)359
  • MECHANIC105

Silica (quartz)

Last sampled: 2007-07-31, 19 years ago
4.7
silica avg (%)
138
samples
12.5
silica max (%)
Most-sampled occupations
  • JACK SETTER (LONGWALL)45
  • CONTINUOUS MINER OPERATOR44
  • MECHANIC4

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: 2007-07-12, 19 years ago
35%
over PEL
178
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20
  • JACK SETTER (LONGWALL)15
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
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.
583 citations taken to the federal commission · 11% of citations on record
  • Settled 568 · 97%
  • Stood as issued 15 · 3%
98%
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 517 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$2.0M proposed, $1.2M 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 2009-11-10. 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
SE 2008-116 Settlement Barbour 2010 $220K → $15K
SE 2008-1019 Settlement Bulluck 2010 $107K → $51K
SE 2007-369 Settlement Lesnick 2007 $93K → $63K
SE 2007-310 Settlement Lesnick 2007 $64K → $45K
SE 2007-198 Settlement Lesnick 2007 $64K → $44K
SE 2007-403 Settlement Lesnick 2007 $60K → $42K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2007
39
2006
85
2005
88
2004
50
2003
27

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Questor Management Company LLC; Benjamin M Statler 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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