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.
510 citations across 3,384 inspection hours.
Source: MSHA inspections data, updated weekly.
Viper has $113K in proposed MSHA penalties and $3K outstanding across 12 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.
$113K
proposed penalties
$111K
current assessed
$108K
paid to date
$3K
outstanding
494 assessments are final orders; 12 contested dockets.
Of $11K in penalties contested before the Commission, $9K was upheld in final decisions.
As of the most recent assessment on 2020-10-15.
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.
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.
30citations taken to the federal commission · 6% of citations on record
Settled
17 · 57%
Stood as issued
11 · 37%
Vacated or withdrawn
2 · 7%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 8 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$11K proposed, $9K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2018-08-07.
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.
MSHA sampling at Viper shows 100% of 133 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: 2020-04-07, 6 years ago
100%
within 1.5 mg/m3
133
samples
0.90
dust max (mg/m3)
0
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.
120 samples taken by MSHA inspectors, 13 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.
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.
Viper recorded 6.28 reportable injury cases per 100 full-time workers in 2012.
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.
6.28
total case rate
0.00
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.
In Kentucky, coal mining averaged 4.35 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
2012 *
6.28
0.00
0.000
2011 *
0.00
0.00
0.000
2010 *
0.00
0.00
0.000
2009 *
0.00
0.00
0.000
2008 *
0.00
0.00
0.000
2007 *
0.00
0.00
0.000
2006 *
0.00
0.00
0.000
2005 *
0.00
0.00
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.
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year
Employees
2019
3
2018
4
2017
3
2016
3
2015
3
2014
2
2013
6
2012
15
2011
16
2010
15
2009
18
2008
13
2007
13
2006
12
2005
12
2004
11
2003
10
2002
13
2001
13
2000
13
Source: MSHA quarterly employment and production, updated weekly.
Viper sits in Harlan County, Kentucky, where the Census mining category is 4.3% 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.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
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
2019 Q1
1,440
0
0
0.0
2018 Q4
1,982
1
0
504.5
2018 Q3
2,297
0
0
0.0
2018 Q2
2,489
1
1
401.8
2018 Q1
2,390
0
0
0.0
2017 Q4
2,390
2
0
836.8
2017 Q3
1,501
2
1
1332.4
2017 Q2
1,969
0
0
0.0
Show 68 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2017 Q1
1,986
1
0
503.5
2016 Q4
2,133
2
0
937.6
2016 Q3
2,159
1
0
463.2
2016 Q2
2,069
0
0
0.0
2016 Q1
2,174
0
0
0.0
2015 Q4
2,221
5
0
2251.2
2015 Q3
2,356
9
2
3820.0
2015 Q2
2,042
0
0
0.0
2015 Q1
1,500
1
0
666.7
2014 Q4
884
0
0
0.0
2014 Q3
1,140
0
0
0.0
2014 Q2
1,178
1
0
848.9
2014 Q1
1,147
1
0
871.8
2013 Q4
940
3
0
3191.5
2013 Q3
2,546
2
0
785.5
2013 Q2
3,326
0
0
0.0
2013 Q1
3,904
0
0
0.0
2012 Q4
5,707
3
2
525.7
2012 Q3
8,713
3
1
344.3
2012 Q2
9,187
0
0
0.0
2012 Q1
8,256
0
0
0.0
2011 Q4
9,713
9
0
926.6
2011 Q3
10,687
1
0
93.6
2011 Q2
10,368
2
1
192.9
2011 Q1
9,915
7
4
706.0
2010 Q4
9,502
0
0
0.0
2010 Q3
18,056
0
0
0.0
2010 Q2
16,954
1
1
59.0
2010 Q1
16,451
0
0
0.0
2009 Q4
14,510
2
2
137.8
2009 Q3
14,114
2
0
141.7
2009 Q2
11,992
0
0
0.0
2009 Q1
12,189
3
2
246.1
2008 Q4
16,337
0
0
0.0
2008 Q3
17,652
1
1
56.7
2008 Q2
9,408
0
0
0.0
2008 Q1
9,025
1
0
110.8
2007 Q4
8,197
3
0
366.0
2007 Q3
9,357
11
2
1175.6
2007 Q2
8,986
0
0
0.0
2007 Q1
9,592
9
2
938.3
2006 Q4
9,191
0
0
0.0
2006 Q3
8,490
5
0
588.9
2006 Q2
8,509
0
0
0.0
2006 Q1
7,367
0
0
0.0
2005 Q4
6,881
0
0
0.0
2005 Q3
8,365
0
0
0.0
2005 Q2
8,230
0
0
0.0
2005 Q1
7,453
0
0
0.0
2004 Q4
6,653
0
0
0.0
2004 Q3
7,188
1
1
139.1
2004 Q2
6,625
3
1
452.8
2004 Q1
6,617
0
0
0.0
2003 Q4
6,250
3
3
480.0
2003 Q3
6,322
1
0
158.2
2003 Q2
6,660
20
4
3003.0
2003 Q1
6,052
16
2
2643.8
2002 Q4
7,629
0
0
0.0
2002 Q3
8,697
2
0
230.0
2002 Q2
8,742
4
4
457.6
2001 Q4
7,790
0
0
0.0
2001 Q3
9,082
5
2
550.5
2001 Q2
7,826
3
0
383.3
2001 Q1
8,220
0
0
0.0
2000 Q4
7,494
0
0
0.0
2000 Q3
8,056
2
2
248.3
2000 Q2
9,559
0
0
0.0
2000 Q1
3,876
0
0
0.0
No fatalities recorded at this mine.
Reportable incidents
15 on file
2014 · 2 incidents
December 1, 2014KY · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorSLIP OR FALL OF PERSON
Employee was operating loader loading coal, when finish employee went to get off of loader. While climbing down loader ladder foot slip off step hurting back and knees. Employee became a lost time accident due to a slip disk. Became a lost time accident on 12/2/2014
Employee was pulling on a pump suction line in a frozen pond when he felt a strain in his stomach. he went to doctor and diagnosed with a very small umbilical hernia but employee did not treat. Employee has returned to his regular job with no lost time or restrictions.
2013 · 1 incident
July 11, 2013KY · Coalprep plant foreman, supervisor, mill plant supervisor, kiln supervisorHANDLING OF MATERIALS
Employee was taking out garbage when he picked up 4 lb garbage can straining his lower back, employee has become a lost time due to this injury. Company was not informed of being a lost time accident until recently due because we were unable to reach employee.
Employee was preparing to work on beltline when belt knife lock did not set, causing knife to close on hand when pressure put on knife, cutting right hand. Sutures required.
2003 · 1 incident
January 21, 2003KY · Coalelectrician, linemanMACHINERY
THE INJURED EMPLOYED WAS REACHING ABOVE HIS HEAD TO HAND A HAND RAIL POST TO A CO-WORKER. A HAND RAIL POST WEIGHS APPROXIMATELY 20 POUNDS. EE STRAINED HIS RIGHT SHOULDER / UPPER ARM.
EMPLOYEE WAS ASSISTING ANOTHER EMPLOYEE WHO WAS WELDING BY HOLDING A PIECE OF REBAR IN PLACE WHILE HE WELDED IT. THE EMPLOYED RECEIVED WELDING FALSH BURNS TO THIS EYES BECAUSE HE WAS ONLY WEA RING SAFETY GLASSES, AN D NOT PROPER EYE PROTECTION. THE EMPLOYEE PERFORMING THE WELDING WAS WEARING A PROPER WELDING HOOD.
1994 · 1 incident
May 7, 1994KY · Coalwarehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operatorHANDLING OF MATERIALS
STEPPED ON A BLOCK OF COAL, CAUSING HIM TO FALL AND BEGAN EXPEREINCING PAIN IN BACK AND LEG. EMPLOYEE DID NOT BEGIN MISSING WORK DAYS UNTIL OCT. 9, 92. INJURY WAS NOT OTHERWISE REPORTABLE.
1991 · 1 incident
July 19, 1991KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanOTHER
AFTE LUNCH BREAK MEN LOADED 10 PIECES OF SHEET METAL WHILE RETURNING TO THE WORKPLACE,WITNESS SAID THEY HEARD INJURED GASPING FOR BREATH.FIRST AID WAS ADMINISTERED,THEN TRANSPORTED TO THE HOPS ITAL WHERE HE WAS PRONOUNCED DOA.THE CAUSE OF THE DEATH IS UNKNOWN PENDING LATER MEDICAL REPORTS.
1988 · 1 incident
September 6, 1988KY · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanSLIP OR FALL OF PERSON
WHEN WALKING BY THE TRUCK FEEDER HE STEPPED ON A SMALL BLOCK OF COAL CAUSING HIM TO FALL. HE HAHIT HIS HAND ON THE CONCRETE AROUND THE FEEDER CUTTING HIS HAND SUTURES WERE REQUIRED.
A FOREMAN WAS R3DING ON THE FUEL TANK ON THE OUTSIDE OF THE TRUCK HE WAS TRYING TO HELP THE TRUCK DRIVE LOCATE A NOISE OR PROBLEM IN THE TRUCK REAR END WHEN HE FELL OFF THE TRUCK AND WAS RAN O VER BY THE FRON7 SET OF TARDOM TRUCK WHEELS HE HAS A BROKEN PELVIS AND BLATTER INJURY TO SOME EXTEN CAOL TRUCK.
Related mines
Other mines operated by Black Mountain Resources, LLC