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Roy C Wagner: 891 MSHA citations controller

MSHA controller ID: C15866

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Fatalities
0
Total incidents
18
Mines on record
5
Years on record
1999–2012
Compliance record
MSHA citations since 2000
891
citations
305
significant & substantial
$755,872
proposed penalties
$5,602
paid to date
1% of proposed penalties paid to date, a $750,270 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2008
1
labor cases
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
127
inspections on record
5,633
inspection hours
15.8
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.
891 citations across 5,633 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.
3
Section 107(a) orders
Most recent order: 2012-02-22.
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.
$756K
proposed penalties
$583K
current assessed
$6K
paid to date
$577K
outstanding
799 assessments are final orders; 30 contested dockets.
Of $635K in penalties contested before the Commission, $462K was upheld in final decisions.
As of the most recent assessment on 2013-12-17.
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.
38.0%
significant & substantial
5.9%
high negligence or reckless
38.0%
reasonably likely or greater
16.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 5.2% low, 88.8% moderate, 4.9% high, 1.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2012
ⓘ 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.
25.28
total case rate
10.11
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 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
2012 * 25.28 10.11 0.000
2011 * 10.29 10.29 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 1.88 1.88 0.000
2005 * 2.55 2.55 0.000
2004 * 2.22 2.22 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: 2012-12-04, 13 years ago
91%
within 1.5 mg/m3
1,185
samples
7.69
dust max (mg/m3)
636 samples taken by MSHA inspectors, 549 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR490
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)107
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)69

Silica (quartz)

Last sampled: 2012-05-30, 14 years ago
5.9
silica avg (%)
80
samples
12.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR42
See US coal mines ranked by silica in their dust samples.

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: 2012-12-04, 13 years ago
6%
over PEL
150
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)30
  • CONTINUOUS MINER OPERATOR22
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)22
See US mines ranked by noise samples over the legal limit.
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.
171 citations taken to the federal commission · 19% of citations on record
  • Settled 119 · 70%
  • Stood as issued 50 · 29%
  • Vacated or withdrawn 2 · 1%
89%
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 94 decided S&S contests · industry: 79%
27%
Penalty reduction in decided contests
$635K proposed, $462K 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 2013-05-14. 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 2013-392 Settlement Harner 2014 $279K → $112K
SE 2013-122 Dismissal Feldman 2014 $104K → $104K
SE 2013-393 Settlement Harner 2015 $70K → $70K
SE 2012-257 Dismissal Feldman 2014 $70K → $70K
SE 2012-640 Dismissal Feldman 2014 $39K → $39K
SE 2013-250 Dismissal Feldman 2014 $16K → $16K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2012
5
2011
4
2010
3
2006
1
2005
1
2004
1
2000
1
1999
2

Operators under this controller

Mines on record

For insurers, brokers, and safety consultants

Where Roy C Wagner 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.

The federal record itself stays free on this site. What costs money, and why.

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