Mining Incidents

Robert I Hartley; James Brakefield: 534 MSHA citations controller

MSHA controller ID: C15324

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Fatalities
0
Total incidents
28
Mines on record
2
Years on record
1994–2012
Compliance record
MSHA citations since 2000
534
citations
225
significant & substantial
$448,209
proposed penalties
$339,735
paid to date
76% of proposed penalties paid to date, a $108,474 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
138
inspections on record
4,440
inspection hours
12.0
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.
534 citations across 4,440 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.
1
Section 107(a) orders
Most recent order: 2011-03-22.
On record since 2011.
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.
$448K
proposed penalties
$340K
current assessed
$340K
paid to date
$0
outstanding
528 assessments are final orders; 26 contested dockets.
Of $261K in penalties contested before the Commission, $159K was upheld in final decisions.
As of the most recent assessment on 2016-07-27.
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.
42.6%
significant & substantial
14.2%
high negligence or reckless
42.6%
reasonably likely or greater
30.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.1% low, 77.7% moderate, 12.5% high, 1.7% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2013
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 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
2013 * 0.00 0.00 0.000
2012 * 3.23 3.23 0.000
2011 * 0.00 0.00 0.000
2010 0.00 0.00 0.000
2009 0.00 0.00 0.000
2008 8.06 8.06 0.000
2007 0.00 0.00 0.000
2006 4.55 1.52 0.000
* 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.

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: 2016-11-17, 9 years ago
99%
within 1.5 mg/m3
263
samples
2.01
dust max (mg/m3)
0
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.
215 samples taken by MSHA inspectors, 48 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR94
  • HIGHLIFT OPERATOR/FRONT END LOADER59
  • HIGHWALL DRILL OPERATOR32

Silica (quartz)

Last sampled: 2010-08-03, 16 years ago
9.4
silica avg (%)
10
samples
13.5
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • HIGHWALL DRILL OPERATOR2
  • COAL TRUCK DRIVER1

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: 2014-04-09, 12 years ago
6%
over PEL
202
samples
Most-sampled occupations
  • BULLDOZER OPERATOR58
  • HIGHLIFT OPERATOR/FRONT END LOADER49
  • COAL TRUCK DRIVER30
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.
139 citations taken to the federal commission · 26% of citations on record
  • Settled 100 · 72%
  • Stood as issued 39 · 28%
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 75 decided S&S contests · industry: 79%
39%
Penalty reduction in decided contests
$261K proposed, $159K 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 2015-10-19. 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
CENT 2009-396 Settlement Manning 2010 $46K → $19K
CENT 2009-216 Settlement Manning 2010 $41K → $22K
CENT 2010-789 Default Lesnick 2011 $36K → $36K
CENT 2008-427 Settlement Manning 2010 $32K → $15K
CENT 2009-395 Settlement Manning 2010 $23K → $8K
CENT 2014-0445 Settlement Manning 2014 $12K → $10K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
1
2008
6
2006
4
2005
1
2004
2
2003
1
2002
1
2001
2
1999
4
1998
2
1996
1
1995
2
1994
1

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Robert I Hartley; James Brakefield 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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