70% of proposed penalties paid to date, a $1,327,895 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
1,558
inspections on record
63,024
inspection hours
9.4
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.
5,894 citations across 63,024 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: 2010-09-15.
On record since 2010.
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.
$4.4M
proposed penalties
$3.0M
current assessed
$3.0M
paid to date
$466
outstanding
5,742 assessments are final orders; 128 contested dockets.
Of $2.6M in penalties contested before the Commission, $1.3M was upheld in final decisions.
As of the most recent assessment on 2010-09-29.
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, 2010
ⓘ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.
5.96
total case rate
2.53
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
Year
total case rate
days-away
fatal
2010
5.96
2.53
0.000
2009
6.98
3.04
0.000
2008
5.54
3.10
0.000
2007
4.63
2.80
0.122
2006
4.09
2.43
0.111
2005
4.21
2.00
0.000
2004
4.07
2.64
0.000
2003
1.12
0.74
0.000
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: 2010-10-04, 15 years ago
92%
within 1.5 mg/m3
6,091
samples
19.38
dust max (mg/m3)
3,221 samples taken by MSHA inspectors, 2,870 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.
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: 2010-04-28, 16 years ago
0%
of limit-tested samples over the exposure limit
4
samples
3
limit-tested
Most sampled contaminants
Quartz, respirable, >1% Qtz3
Respirable dust, <.1mg1
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.
751citations taken to the federal commission · 13% of citations on record
Settled
698 · 93%
Stood as issued
46 · 6%
Vacated or withdrawn
7 · 1%
84%
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 560 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$2.6M proposed, $1.3M 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 2012-05-30. 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.
July 16, 2007KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · EXPLOSIVES AND BREAKING AGENTS
CAM Mining LLC · Caught in, under or between a moving and a stationary object
A road grader descended down a haul road backwards and landed against the hillside in a ditch. The operator was found under the ripper at the rear of the machine.
April 21, 2005KY · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · POWERED HAULAGE
CAM Mining LLC · Caught in, under or between (Not Elsewhere Classified)
Technician was attempting to repair a steering problem on a wheel loader. He replaced steering pilot valve, started engine, raised bucket and attempted to steer machine. When it would not steer to the right, he dismounted machine without shutting off engine. While attempting to remove steering shaft, the steering activated and steered to the right crushing the victim.
For insurers, brokers, and safety consultants
Where Wexford Capital LLC 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.