Mining Incidents

Clintwood Elkhorn Mining LLC: 1,675 MSHA citations operator

Controlled by J Mark Campbell
MSHA operator ID: P19736

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Fatalities
0
Total incidents
128
Mines on record
10
Years on record
1988–2019
Compliance record
MSHA citations since 2000
1,675
citations
625
significant & substantial
$750,220
proposed penalties
$527,161
paid to date
70% of proposed penalties paid to date, a $223,059 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
667
inspections on record
21,621
inspection hours
7.7
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.
1,675 citations across 21,621 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.
$750K
proposed penalties
$618K
current assessed
$527K
paid to date
$91K
outstanding
1,660 assessments are final orders; 32 contested dockets.
Of $404K in penalties contested before the Commission, $131K was upheld in final decisions.
As of the most recent assessment on 2019-10-21.
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.
37.7%
significant & substantial
2.2%
high negligence or reckless
38.1%
reasonably likely or greater
10.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 19.8% low, 77.2% moderate, 2.2% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
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.
2.12
total case rate
2.12
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
Year total case rate days-away fatal
2019 2.12 2.12 0.000
2018 3.82 3.82 0.000
2017 2.47 2.47 0.000
2016 0.00 0.00 0.000
2015 5.02 2.51 0.000
2014 2.50 1.50 0.000
2013 0.52 0.52 0.000
2012 0.39 0.39 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: 2019-10-21, 6 years ago
99%
within 1.5 mg/m3
1,517
samples
2.94
dust max (mg/m3)
5
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.
1,043 samples taken by MSHA inspectors, 474 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR409
  • HIGHWALL DRILL OPERATOR264
  • HIGHLIFT OPERATOR/FRONT END LOADER215

Silica (quartz)

Last sampled: 2019-08-14, 7 years ago
10.6
silica avg (%)
133
samples
45.3
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR41
  • BULLDOZER OPERATOR37
  • UTILITY MAN23

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: 2019-10-21, 6 years ago
7%
over PEL
587
samples
Most-sampled occupations
  • BULLDOZER OPERATOR127
  • HIGHLIFT OPERATOR/FRONT END LOADER125
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE82
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.
94 citations taken to the federal commission · 6% of citations on record
  • Settled 87 · 93%
  • Stood as issued 7 · 7%
92%
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 63 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$263K proposed, $131K 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 2019-10-16. 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 2011-1354 Vacate Rae 2014 $139K → $0
VA 2008-6 Settlement Zielinski 2009 $111K → $15K
VA 2020-0005 Default 2020 $31K → $31K
VA 2019-0048 Settlement McCarthy 2019 $23K → $16K
KENT 2011-1385 Prevail Rae 2014 $22K → $22K
KENT 2011-515 Prevail Gill 2016 $19K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
4
2018
8
2017
7
2016
4
2015
10
2014
6
2013
1
2012
3
2011
5
2010
2
2009
8
2008
6
2007
4
2006
10
2005
10
2004
7
2003
9
2002
6
2001
2
2000
7
1999
3
1998
2
1997
1
1995
1
1991
1
1988
1

Mines on record

For insurers, brokers, and safety consultants

Where Clintwood Elkhorn 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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