52% of proposed penalties paid to date, a $415,761 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
84
inspections on record
2,833
inspection hours
7.4
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.
210 citations across 2,833 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.
$860K
proposed penalties
$444K
current assessed
$444K
paid to date
$0
outstanding
207 assessments are final orders; 12 contested dockets.
Of $834K in penalties contested before the Commission, $419K was upheld in final decisions.
As of the most recent assessment on 2012-05-10.
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, 2004
ⓘ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.
8.76
total case rate
8.76
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 5.57 and the all-US-mining average was 4.33 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.
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: 2004-12-21, 21 years ago
100%
within 1.5 mg/m3
14
samples
0.67
dust max (mg/m3)
14 samples taken by MSHA inspectors, 0 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.
40citations taken to the federal commission · 19% of citations on record
Settled
39 · 98%
Stood as issued
1 · 3%
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 30 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$834K proposed, $419K 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 2013-02-11. 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.
Excavator was working in Redwine pit, highwall collapsed causing rock to fall on excavator. This caused a fatal injury to operator.
October 20, 1994KY · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerFatality · IGNITION OR EXPLOSION OF GAS OR DUST
THE EMPLOYEE WAS OPERATING A DOZER DOING SOME RECLAMATION WORK, CUT INTO A NATURAL GASLINE, CAUSING A EXPLOSION. DUE TO EXTENSIVE BURNS, HE DIED 10-23-94. THE DOZER HE WAS OPERATING WAS ALSO D ESTROYED IN THE EXPLOSION.
December 7, 1992VA · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorFatality · IGNITION OR EXPLOSION OF GAS OR DUST
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON SECTION WHEN BLAST AND ENSUING ENTRAPMENT OCCURRED.EMPLOYEE'S BODY WAS FOUND IN OPERATOR'S DECL OF SHUTTLE CAR.
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS SECTION FOREMAN ON 3RD SHIFT DURING WORK ACTIVITIES,EXPLOSION, AND ENTRAPMENT.
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON SECTION WHEN BLAST ANS ENTRAPMENT OCCURRED.EMPLOYEE'S BODY WAS FOUND NEAR CONTIN UOUS MINER.
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON ACTIVE SECTION WHEN BLAST AND ENSUING ENTRAPMENT OCCURRED.EMPLOYEE'S BODY WAS FO UND UNDER FRONT WHEEL OF SCOOP.
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON ACTIVE SECTION WHEN BLAST AND ENSUING ENTRAPMENT OCCURRED.EMPLOYEE'S BIDY WAS FO UND IN CONVEYOR BOOM OF SHUTTLE CAR.
December 7, 1992VA · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · IGNITION OR EXPLOSION OF GAS OR DUST
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON SECTION WHEN BLAST AND ENTRAPMENT OCCURRED EMPLOYEE'S BODY WAS FOUND ON SECTION.
December 7, 1992VA · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorFatality · IGNITION OR EXPLOSION OF GAS OR DUST
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING RECOVERY MINING OPERATIONS ON THE 3RD (OWL) SHIFT.EMPLOYEE WAS ON WORKING SECTION.WHEN BLAST AND ENSUING ENTRAPMENT OCCURRED EMPLOYEE'S B ODY WAS FOUND NEAR CONTINUOUS MINER.
MINE EXPLOSION OCCURRED DURING PILLAR RECOVERY MINING OPERATIONS ON 3RD (OWL) SHIFT.EMPLOYEE WAS WORKING ON SECTION WHEN BLAST AND ENTRAPMENT OCCURRED EMPLOYEE'S BODY WAS FOUND ON SECTION.
For insurers, brokers, and safety consultants
Where Wesley D. Burke 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.