96% of proposed penalties paid to date, a $2,216 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
26
inspections on record
790
inspection hours
n/a
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.
Rate withheld: 790 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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.
$58K
proposed penalties
$56K
current assessed
$56K
paid to date
$0
outstanding
87 assessments are final orders; 6 contested dockets.
Of $46K in penalties contested before the Commission, $44K was upheld in final decisions.
As of the most recent assessment on 2023-11-02.
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.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2023
ⓘ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.
3.87
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US metal and nonmetal mining average was 1.78 and the all-US-mining average was 2.10 cases per 100 workers.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year
total case rate
days-away
fatal
2023 *
3.87
0.00
0.000
2022 *
0.00
0.00
0.000
2021 *
12.39
12.39
0.000
2019 *
9.83
0.00
0.000
2018 *
0.00
0.00
0.000
2017 *
8.75
8.75
8.747
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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.
Metal and nonmetal contaminants (personal samples)
ⓘMany samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.
Last sampled: 2019-05-21, 7 years ago
50%
of limit-tested samples over the exposure limit
7
samples
2
limit-tested
Most sampled contaminants
Quartz, respirable, >1% Qtz21 over
Respirable dust, <.1mg5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), 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.
19citations taken to the federal commission · 21% of citations on record
Settled
16 · 84%
Stood as issued
3 · 16%
78%
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%
5%
Penalty reduction in decided contests
$46K proposed, $44K 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 2024-01-29. 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.
For unknown reason an independent driver lost control of belly truck which caused it to jack knife, throwning driver from the cab. Driver was then run over by same truck.
March 24, 2017NM · Metal/Non-Metalminer, prospector, necFatality · POWERED HAULAGE
Approx. 8-8:30 pm after shift, employee drove a vehicle onto mine site and stopped close to generator, left vehicle running, gear selector in drive position, did not set emergency brake or chalk wheels. Got out and started generator. EE appeared to have come out of generator and stopped in front of vehicle to urinate, back to vehicle. Vehicle rolled, pinned EE against generator.
For insurers, brokers, and safety consultants
Where Robert Caldwell; Dale Armstrong 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.