Mining Incidents

Mi Vida Portals: 656 MSHA citations Coal

New Elk Coal Company LLC · Underground
Controlled by Allegiance Coal LTD
Weston, Las Animas County, CO  ·  Temporarily Idled
MSHA Mine ID: 0504975

Mi Vida Portals has $1.3M in proposed MSHA penalties and $924K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
29
Years on record
2011–2023
Latest incident
Apr 2023
Compliance record
MSHA citations since 2011
656
citations
150
significant & substantial
$1,304,128
proposed penalties
$320,243
paid to date
25% of proposed penalties paid to date, a $983,885 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
79
inspections on record
5,060
inspection hours
13.0
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.
656 citations across 5,060 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.
2
Section 107(a) orders
Most recent order: 2021-10-17.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

Mi Vida Portals has $1.3M in proposed MSHA penalties and $924K outstanding across 9 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$1.3M
proposed penalties
$1.2M
current assessed
$320K
paid to date
$924K
outstanding
642 assessments are final orders; 9 contested dockets.
Of $148K in penalties contested before the Commission, $83K was upheld in final decisions.
As of the most recent assessment on 2023-10-04.
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.
23.4%
significant & substantial
24.3%
high negligence or reckless
23.5%
reasonably likely or greater
26.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 4.5% low, 71.0% moderate, 24.3% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
20 citations taken to the federal commission · 3% of citations on record
  • Settled 11 · 55%
  • Stood as issued 9 · 45%
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 19 decided S&S contests · industry: 79%
47%
Penalty reduction in decided contests
$139K proposed, $74K 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 2022-01-06.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEST 2012-1478 Settlement Miller 2014 $105K → $52K
WEST 2012-1467 Settlement Miller 2014 $10K → $5K
WEST 2022-0093 Settlement Simonton 2022 $10K → $4K
WEST 2022-0292 Settlement Manning 2023 $10K → $10K
WEST 2022-0116 Default 2022 $4K → $4K
WEST 2022-0092 Settlement Miller 2022 $4K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mi Vida Portals shows 97% of 477 respirable coal dust samples met the 1.5 mg/m3 standard.

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: 2023-05-04, 3 years ago
97%
within 1.5 mg/m3
477
samples
5.21
dust max (mg/m3)
1
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.
181 samples taken by MSHA inspectors, 296 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR255
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)68
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)29

Silica (quartz)

Last sampled: 2023-05-15, 3 years ago
5.3
silica avg (%)
43
samples
12.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR23
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)18

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: 2023-01-25, 3 years ago
0%
over PEL
41
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)8
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
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 by year
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.
Year within 1.5 mg/m3 samples
2023 100% 73
2022 100% 266
2021 99% 75
2014 100% 7
2012 76% 37
2011 89% 19
Silica (quartz) by year
Year silica avg (%) samples
2023 5.0 5
2022 5.2 23
2021 4.9 11
2014 6.3 1
2012 9.1 1
2011 6.5 2
Noise by year
Year over PEL samples
2023 0% 4
2022 0% 14
2021 0% 23
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mi Vida Portals reported liberating 0 metric tons of methane to EPA in 2022.

Methane emissions (EPA-reported)
Methane figures are what the operator reported to EPA's Greenhouse Gas Reporting Program (subpart FF), collected at facility level. Only EPA facilities that resolve to a single MSHA mine record are shown, and the CO2-equivalent applies the GWP-25 factor EPA's published data uses.
0
t CH4 reported, 2022
0
t CO2e equivalent
Source: EPA Greenhouse Gas Reporting Program, subpart FF (underground coal mines), reported annually.

Mi Vida Portals recorded 4.17 reportable injury cases per 100 full-time workers in 2023.

Injury rate, 2023
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.
4.17
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
In Colorado, coal mining averaged 2.47 cases per 100 workers that year.
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
2023 * 4.17 0.00 0.000
2022 11.98 7.19 0.000
2021 * 20.25 12.15 0.000
2014 * 0.00 0.00 0.000
2012 * 6.07 6.07 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.
Ownership history
  1. TK Mining Services LLC 2011 to 2012
  2. New Elk Coal Company LLC 2012 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2024 6
2023 55 63,625
2022 117 229,531
2021 53 110,432
2020 1
2019 1
2018 1
2017 2
2016 2
2015 7
2014 14 9,935
2013 4
2012 39 32,019
Source: MSHA quarterly employment and production, updated weekly.

Mi Vida Portals sits in Las Animas County, Colorado, where the Census mining category is 2.5% of county employment.

Local economic context
County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Las Animas County, Colorado · Population 14,392
2.5%
Mining share of county employment
$50,408
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 3,072 0 0 0.0
2023 Q4 464 2 0 4310.3
2023 Q3 6,061 1 0 165.0
2023 Q2 32,018 15 1 468.5
2023 Q1 57,439 75 26 1305.7
2022 Q4 29,426 80 12 2718.7
2022 Q3 57,774 100 24 1730.9
2022 Q2 15,767 77 13 4883.6
Show 41 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q1 64,024 48 10 749.7
2021 Q4 40,674 121 34 2974.9
2021 Q3 35,667 49 8 1373.8
2021 Q2 19,804 13 1 656.4
2021 Q1 2,637 0 0 0.0
2020 Q4 350 0 0 0.0
2020 Q3 458 0 0 0.0
2020 Q2 370 0 0 0.0
2020 Q1 422 0 0 0.0
2019 Q4 332 0 0 0.0
2019 Q3 432 0 0 0.0
2019 Q2 490 0 0 0.0
2019 Q1 453 0 0 0.0
2018 Q4 344 0 0 0.0
2018 Q3 466 0 0 0.0
2018 Q2 490 0 0 0.0
2018 Q1 471 0 0 0.0
2017 Q4 366 0 0 0.0
2017 Q3 630 0 0 0.0
2017 Q2 860 0 0 0.0
2017 Q1 768 0 0 0.0
2016 Q4 561 0 0 0.0
2016 Q3 816 0 0 0.0
2016 Q2 827 1 0 1209.2
2016 Q1 823 0 0 0.0
2015 Q4 1,031 0 0 0.0
2015 Q3 2,178 2 0 918.3
2015 Q2 3,546 3 0 846.0
2015 Q1 4,316 0 0 0.0
2014 Q4 5,446 0 0 0.0
2014 Q3 7,990 9 1 1126.4
2014 Q2 6,605 13 4 1968.2
2014 Q1 5,045 2 1 396.4
2013 Q4 1,358 0 0 0.0
2013 Q3 1,013 0 0 0.0
2013 Q2 798 2 2 2506.3
2013 Q1 505 0 0 0.0
2012 Q4 2,995 1 0 333.9
2012 Q3 3,289 2 0 608.1
2012 Q2 25,320 12 3 473.9
2012 Q1 1,351 16 4 11843.1
No fatalities recorded at this mine.

Reportable incidents

29 on file

2023 · 2 incidents

April 27, 2023 CO · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
New Elk Coal Company LLC · Over-exertion in lifting objects

Injured employee was replacing 4 battery cells for the underground outby battery scoop on April 24th, 2023. EE started having back pain on April 27th, 2023.

February 23, 2023 CO · Coal electrician, lineman POWERED HAULAGE
New Elk Coal Company LLC · Struck against a moving object

Employee was operating a battery scoop in unit #1 section, and ran over a crib block, injuring their lower back.

2022 · 15 incidents

December 16, 2022 CO · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
New Elk Coal Company LLC · Struck by... (Not Elsewhere Classified)

EE was taking down miner cable from roof, unhooked the rope hanger, hook came back catching EE in left palm causing laceration.

October 24, 2022 CO · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
New Elk Coal Company LLC · Over-exertion in lifting objects

EE was Hanging Miner Cable across #3 Entry for Ramcar to pass through, EE felt pop in left shoulder with Pain and burning along with lower back pain

October 7, 2022 CO · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Over-exertion (Not Elsewhere Classified)

EE was walking through water hole between xc 17 and 18, and mis stepped straining muscle in thigh.

August 29, 2022 CO · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
New Elk Coal Company LLC · Struck by falling object

EE was extending the phone line in the belt entry unit #1. EE was picking up the cable to hang hook it up. EE's back was facing the rib, when 1'X 8' of rock fell out striking EE on the right shoulder and right foot.

August 10, 2022 CO · Coal examiner, fire boss, pre-shift examiner, mine examiner SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Over-exertion (Not Elsewhere Classified)

EE was walking belt line in low top xc26-xc30, EE bent over while walking, the floor was wet and slippery with mud. EE's left foot slipped out causing left knee to twist.

August 10, 2022 CO · Coal continuous miner operator, coal mole operator FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
New Elk Coal Company LLC · Fall onto or against objects

EE was hanging Miner cable along rib, while lifting cable over EE's head the rib rolled out pushing EE into the standoff of the miner causing fractures and stitches to the face.

July 24, 2022 CO · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
New Elk Coal Company LLC · Struck by... (Not Elsewhere Classified)

EE was installing a roof bolt, reaching for drill steel accidentally bumped rotation causing drill steel to hit left wrist & left forearm.

July 14, 2022 CO · Coal FALL OF ROOF OR BACK
New Elk Coal Company LLC · Accident type, without injuries

A roof fall occurred in the second east mains at XC15, number 5 entry. It fell in the intersection in the primary escapeway.

July 6, 2022 CO · Coal FALL OF ROOF OR BACK
New Elk Coal Company LLC · Accident type, without injuries

A roof fall occurred in the second east mains at xc14 number 2 entry. The fall measured 8.5 X 12 ft. it fell in the intersection in the secondary escapeway.

June 21, 2022 CO · Coal scoop tram operator, load/haul/dump operator SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Fall onto or against objects

EE was carrying a crib along belt drive & tripped over pressure plate causing EE to fall forward landing on belt structure, causing EE's finger to be smashed between crib & Belt structure resulting a laceration.

June 8, 2022 CO · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Fall to the walkway or working surface

EE was stepping over screen pile at back of bolter, foot caught the screen causing EE to trip landing on left shoulder. Pulled ligaments between the Clavicle & Collar bone.

June 2, 2022 CO · Coal FALL OF ROOF OR BACK
New Elk Coal Company LLC · Accident type, without injuries

A roof fall occurred in the 3rd South Submains located at x-cut 16, in the intersection. The height of the fall was approximately 6.5 feet high. There were no injuries reported.

May 23, 2022 CO · Coal FALL OF ROOF OR BACK
New Elk Coal Company LLC · Accident type, without injuries

A roof fall occurred located in 3rd South submains at x-cut 17 intersection. The cave measured approximately 6.5 feet high. There were no injuries reported.

February 28, 2022 CO · Coal FALL OF ROOF OR BACK
New Elk Coal Company LLC · Accident type, without injuries

A roof fall occurred located in the East Mains, #1 section at X-cut 46, between entries 3 & 4. The fall measured approximately 12 feet high. There were no injuries reported.

2021 · 10 incidents

October 15, 2021 CO · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Fall from machine

EE was standing on drill box to put resin stick in hole. EE slipped catching self with right hand causing labral tear and bicep tendinitis

October 14, 2021 CO · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
New Elk Coal Company LLC · Struck by falling object

EE was working at feeder locations on the Mains Section. A rock from the rib dislodged striking EE in Mid Right back.

September 9, 2021 CO · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
New Elk Coal Company LLC · Caught in, under or between a moving and a stationary object

EE was fixing suction hose on the bolter. The hose had gotten stuck under the stab and was stuck. EE was trying to dislodge the hose and EE's bolt partner came to the controls. Instead of raising the stab the partner lowered the boom catching EE's fingers in a pinch point.

August 9, 2021 CO · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
New Elk Coal Company LLC · Struck by... (Not Elsewhere Classified)

EE was cutting metal bands off mesh bundle. While doing so a piece of wire cut EE's forearm.

August 4, 2021 CO · Coal master mechanic, foreman, supervisor FIRE
New Elk Coal Company LLC · Inhalation of radiations, caustics, toxic and noxious substances

EE was checking the #2 belt drive installation area. EE notice belt stop running, notice smoke and immediately went to belt drive pc to assess the situation in the process of doing so inhaled smoke.

July 30, 2021 CO · Coal scoop tram operator, load/haul/dump operator STRIKING OR BUMPING
New Elk Coal Company LLC · Struck against stationary object

Employee was operating a scoop, when the employee stopped to exit the scoop, they got out of the cab and stood up and a piece of mesh contacted the employee right above the right eye.

June 4, 2021 CO · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
New Elk Coal Company LLC · Struck by... (Not Elsewhere Classified)

Two employees were filling the Fletcher roof bolter with hydraulic oil utilizing the power fill function, they activated the cable reel by mistake causing the cable to strike EE as EE was walking past the bolter.

June 1, 2021 CO · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
New Elk Coal Company LLC · Over-exertion in lifting objects

Employee was tasked with handing the welders grizzly bars from an elevated platform. While handing the welders the third grizzly bar the employee stated that when EE lifted it, EE felt a slight pain in the left knee. EE reported it to the supervisor and was asked if they needed medical care, the employee initially refused to seek medical treatment until the next morning.

April 26, 2021 CO · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
New Elk Coal Company LLC · Over-exertion (Not Elsewhere Classified)

Mine floor was previously wet and had since dried. Equipment was used in the area while the mine floor was wet leaving tire tracks. The employee failed to recognize the hazard while carrying 4 cable bolts and inadvertently stepped in one of the dried tire tracks straining their right knee.

2012 · 1 incident

June 15, 2012 CO · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss MACHINERY
New Elk Coal Company LLC · Caught in, under or between a moving and a stationary object

Employee was loading miner cable on the hooks on the miner, he lost his balance and put his hand on the shoe to catch himself and at the same time,the miner head came down smashing his middle right finger.

2011 · 1 incident

October 15, 2011 CO · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
TK Mining Services LLC · Struck by powered moving object

Employee was jacklegging in the face, when he was hit by a scoop bringing material to the face.