Mining Incidents

Bardo Mining LLC: 662 MSHA citations operator

Controlled by James C Justice II
MSHA operator ID: 0051738

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Fatalities
0
Total incidents
33
Mines on record
2
Years on record
2004–2007
Compliance record
MSHA citations since 2004
662
citations
276
significant & substantial
$325,282
proposed penalties
$223,734
paid to date
69% of proposed penalties paid to date, a $101,548 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
34
inspections on record
3,443
inspection hours
19.2
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.
662 citations across 3,443 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.
$325K
proposed penalties
$293K
current assessed
$224K
paid to date
$69K
outstanding
652 assessments are final orders; 4 contested dockets.
Of $126K in penalties contested before the Commission, $84K was upheld in final decisions.
As of the most recent assessment on 2008-03-07.
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.
42.2%
significant & substantial
0.9%
high negligence or reckless
50.2%
reasonably likely or greater
8.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.9% low, 98.2% moderate, 0.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2007
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.
5.76
total case rate
2.88
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
Year total case rate days-away fatal
2007 5.76 2.88 0.000
2006 5.92 3.55 0.000
2005 9.59 8.63 0.000
2004 13.25 12.05 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: 2007-11-20, 18 years ago
90%
within 1.5 mg/m3
505
samples
11.84
dust max (mg/m3)
248 samples taken by MSHA inspectors, 257 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR230
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)45
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)41

Silica (quartz)

Last sampled: 2006-05-12, 20 years ago
5.5
silica avg (%)
28
samples
8.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR16

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: 2007-11-20, 18 years ago
7%
over PEL
42
samples
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)9
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • CONTINUOUS MINER OPERATOR7
Source: MSHA respirable dust, quartz, and noise sampling records, 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.
22 citations taken to the federal commission · 3% of citations on record
  • Settled 22 · 100%
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 14 decided S&S contests · industry: 79%
28%
Penalty reduction in decided contests
$116K proposed, $84K 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 2008-05-29. 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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2008-570 Prevail Sippel 2015 $103K → $74K
KENT 2008-797 Settlement Melick 2008 $15K → $4K
KENT 2008-1107 Settlement Paez 2009 $7K → $5K
KENT 2008-1108 Settlement Paez 2009 $1K → $958
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2007
6
2006
5
2005
10
2004
12

Mines on record

For insurers, brokers, and safety consultants

Where Bardo Mining 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.

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