67% of proposed penalties paid to date, a $4,577,943 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2009
5
labor cases
$1,072
back wages owed
4
employees affected
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
5,930
inspections on record
220,704
inspection hours
7.2
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.
16,001 citations across 220,704 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.
8
Section 107(a) orders
Most recent order: 2014-04-09.
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.
$14.0M
proposed penalties
$10.1M
current assessed
$9.5M
paid to date
$649K
outstanding
15,627 assessments are final orders; 678 contested dockets.
Of $11.2M in penalties contested before the Commission, $7.3M was upheld in final decisions.
As of the most recent assessment on 2017-05-30.
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, 2016
ⓘ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.
3.12
total case rate
1.87
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
Year
total case rate
days-away
fatal
2016
3.12
1.87
0.000
2015
3.07
2.42
0.000
2014
3.93
2.78
0.000
2013
4.76
2.87
0.043
2012
4.88
2.96
0.040
2011
6.02
4.16
0.000
2010
4.71
2.49
0.045
2009
6.76
4.58
0.053
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: 2016-03-21, 10 years ago
92%
within 1.5 mg/m3
20,235
samples
33.95
dust max (mg/m3)
14
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.
10,511 samples taken by MSHA inspectors, 9,724 by the operator.
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.
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.
4,035citations taken to the federal commission · 25% of citations on record
Settled
3,858 · 96%
Stood as issued
166 · 4%
Vacated or withdrawn
11 · 0%
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 2,337 decided S&S contests · industry: 79%
35%
Penalty reduction in decided contests
$10.7M proposed, $6.9M 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 2016-03-01. 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.
Employee walked up to the 7-2C header to inspect wipers. The victim was on an elevated catwalk at discharge of the 7-2B conveyor belt to examine the belt wiper. He fell off the end of catwalk on 7-2B belt. Employee was caught between the skirt and the top belt resulting in a fatal injury.
December 14, 2012AL · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverFatality · SLIP OR FALL OF PERSON
Employee was climbing up ladder onto Rock Truck when his feet slipped out from under him causing him to fall to the ground.*** Note added Employee died 12/28/12 from complications related to this injury per fatal ruling/notification on 6/27/13 from MSHA.
Employee was traveling #2 Longwall Bleeders and when he did not check in, we sent someone in to look for him. He was found unresponsive with no vital signs. The cause of death is still being investigated.
July 30, 2007AL · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanFatality · SLIP OR FALL OF PERSON
Contractor (Hooper and Chandler) was removing old tin and installing new tin on top of shop, when employee fell through the roof and landed on the concrete floor causing fatal injuries. The employee fell approx. 28 feet.
October 12, 2006AL · Coalassayer, geologist, metallurgist, engineer, engineer managementFatality · FALL OF ROOF OR BACK
Roof fall occurred in the outby area of the Old No. 8 Section. A rock fell onto the victim, causing injuries to the employee. The rock that fell onto the employee, was in the intersection at Spad 3575, in the old works of the mine.
March 29, 2006AL · Coallw propman, propman helper, move crew if lw, move-up man, jacksetter, advanceman lw helperFatality · FALL OF ROOF OR BACK
While installing roof pins in front of LW shield, piece of rock fell, striking employee and knocking him down. Contusion to back of head, laceration to right hand and fracture to left ankle. The victim was flown by helicopter to the nearest trauma center, where he died on April 10, 2006.
June 16, 2004AL · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerFatality · POWERED HAULAGE
AS THE VICTIM WAS WASHING DOWN THE AREA OF THE BUNKER, HE BECAME PINNED BETWEEN AN UPRIGHT BEAM AND THE RAIL BUNKER CAR. THE RESULT WAS FATAL CRUSHING INJURIES.
April 22, 2004AL · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerFatality · POWERED HAULAGE
AFTER FAILING TO REPORT OUT, THE VICTIM WAS DISCOVERED ON SURFACE, HAVING TRAVELED BY BELT. INVESTIGATION IS STILL ONGOING AT THIS TIME AS TO WHAT HAPPENED TO CAUSE THIS ACCIDENT.
September 23, 2001AL · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · IGNITION OR EXPLOSION OF GAS OR DUST
STRUCK BY FORCE AND CONCUSSION FROM METHANE EXPLOSION.
September 23, 2001AL · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · IGNITION OR EXPLOSION OF GAS OR DUST
STRUCK BY FORCE AND CONCUSSION FROM METHANIE EXPLOSION.
September 23, 2001AL · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · IGNITION OR EXPLOSION OF GAS OR DUST
THE EMPLOYEE WAS HAULING ROCK AT THE SURFACE ROCK BIN BUT IT WAS NOT YET READY TO LOAD HE PULLED PAST THE BIN UNTIL IT WAS READY TO BE DUMPED HE THEN BACKED BACK UNDER THE BIN THE BIN FELL CRU SHING THE CAB OF THE ROCK TRUCK CAUSING DEATH TOTHE EMPLOYEE NOTE ADDITIONAL INFORMATION WILL BEFORWARDED
BASED ON TESTIMONY, WELDING WAS TO BE PERFORMED ON THE STAGELOADER AND PROBLEMS WERE EXPERIENCED SETTING THE WELDER UP. ACCORDING TO WITNESSES, WITH THE INCOMING POWER STILL ON, THE TOP PANEL WAS REMOVED AND THE EMPLOYEE REACHED INTO THE MACHINE, APPARENTLY ELECTROCUTING HIMSELF.
June 11, 1991AL · Coallaborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scalerFatality · FALL OF ROOF OR BACK
A ROOF ROCK MEASURING 12 FT LONG X 35 INCH WIDE X 10 INCH HIGH FELL FROM BETWEEN ROOF BOLTS APPROX 40 FT INBY SPAD 8720 ON 5 SECTION IN THE I PANEL OFF OF 3 WEST MAIN THIS RESULTED IN A FATALI TY.
May 2, 1986AL · Coalcontinuous miner operator, coal mole operatorFatality · FALL OF ROOF OR BACK
FALL OF ROOF IN3THE FAC E ARE A OF #2 ENTRY ON #3 SECTION WHICH COVERED THE CONTINUOUS MINER, TRAPPING THE MINER OPERATOR AND PARTIALLY PINNING THE SECTION SUPERVISOR
October 10, 1984AL · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · ELECTRICAL
INVESTIGATION REVEALED THAT EMPLOYEE WAS TO BACKSHEAR(TOWARD TAIL GATE) OFF OF FLIGHTS THAT HAD COME OUT OF PAN RACE HE FINISHEDCUTTING OUT & CUT SOME BOTTOM HE TRAMMED THE SHEAR BACK BRITTNE Y CHAIN STARTED STACKING UP SO THEY TRAMMED TOWARD HEAD GATE PAN LINE STARTED UP AT THIS TIME CAUSING FLIGHTS THAT HAD COME OUT OF PAN RACE TO BREAK EMP WAS STRUCK IN HEAD WITH FLYING OBSTACLE
March 8, 1983AL · Coalsection foreman, bullgang foreman, labor foreman, leadman, shift bossFatality · FALL OF ROOF OR BACK
FATAL ROOF FALL ACCIDENT OCCURRED NEAR WORKING FACE OF #3 PLACE IN #5 SECT.FATALLY STRUCK DURING EXAMINATION OF THE FACE AREAS AT BEGINNING OF SHIFT.SECTION OF ROCK FELL OUT BETWEEN CHANNELS O F ROOF BOLTS,30\ OUTBY THE FACE OF #3 ENTRY ALONG OFF CURTAIN SIDE RIB LINE.
For insurers, brokers, and safety consultants
Where Walter Energy Incorporated 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.