Mining Incidents

Richard C Hoffman; Kevin E Baker: 180 MSHA citations controller

MSHA controller ID: 0116245

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Fatalities
0
Total incidents
8
Mines on record
1
Years on record
2015
Compliance record
MSHA citations since 2015
180
citations
34
significant & substantial
$69,323
proposed penalties
$33,640
paid to date
49% of proposed penalties paid to date, a $35,684 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2015
15
inspections on record
1,179
inspection hours
15.3
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.
180 citations across 1,179 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.
$69K
proposed penalties
$58K
current assessed
$34K
paid to date
$25K
outstanding
164 assessments are final orders; 11 contested dockets.
Of $42K in penalties contested before the Commission, $31K was upheld in final decisions.
As of the most recent assessment on 2015-10-06.
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.
20.7%
significant & substantial
2.4%
high negligence or reckless
20.7%
reasonably likely or greater
61.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.6% low, 86.0% moderate, 2.4% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2015
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.
13.39
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
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: 2015-10-21, 10 years ago
86%
within 1.5 mg/m3
50
samples
2.34
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.
23 samples taken by MSHA inspectors, 27 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR25
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)6
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)6

Silica (quartz)

Last sampled: 2015-07-29, 11 years ago
4.0
silica avg (%)
3
samples
4.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3
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 · 54% of citations on record
  • Settled 65 · 67%
  • Stood as issued 32 · 33%
93%
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 30 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$42K proposed, $31K 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 2016-06-30. 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
WEVA 2015-0867 Dismissal Rae 2016 $11K → $11K
WEVA 2016-346 Settlement Lesnick 2016 $9K → $5K
WEVA 2015-0581 Settlement Lesnick 2016 $7K → $5K
WEVA 2015-0659 Settlement Rae 2016 $5K → $3K
WEVA 2016-345 Settlement Lesnick 2016 $4K → $3K
WEVA 2015-0939 Default Lesnick 2015 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2015
8

Operators under this controller

Mines on record

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Where Richard C Hoffman; Kevin E Baker 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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