Mining Incidents

CM Energy Operations LP: 1 recorded fatality operator

MSHA operator ID: 0149793

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Fatalities
1
Total incidents
27
Mines on record
2
Years on record
2017–2026
Compliance record
MSHA citations since 2017
436
citations
73
significant & substantial
$214,596
proposed penalties
$179,837
paid to date
84% of proposed penalties paid to date, a $34,759 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2017
120
inspections on record
5,891
inspection hours
7.4
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.
436 citations across 5,891 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.
$215K
proposed penalties
$188K
current assessed
$180K
paid to date
$9K
outstanding
397 assessments are final orders; 8 contested dockets.
Of $78K in penalties contested before the Commission, $52K was upheld in final decisions.
As of the most recent assessment on 2026-03-24.
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.
17.0%
significant & substantial
2.8%
high negligence or reckless
17.0%
reasonably likely or greater
34.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 60.7% low, 36.3% moderate, 2.8% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2025
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.
3.59
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
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
2026 * 0.00 0.00 0.000
2025 * 3.59 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 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.
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: 2026-08-05
99%
within 1.5 mg/m3
477
samples
2.46
dust max (mg/m3)
2
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.
224 samples taken by MSHA inspectors, 253 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR269
  • BULLDOZER OPERATOR151
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE29

Silica (quartz)

Last sampled: 2026-08-14
10.0
silica avg (%)
45
samples
25.1
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR33
  • BULLDOZER OPERATOR12

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: 2026-08-05
1%
over PEL
72
samples
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR35
  • BULLDOZER OPERATOR24
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
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.
61 citations taken to the federal commission · 14% of citations on record
  • Settled 56 · 92%
  • Stood as issued 5 · 8%
86%
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 28 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$78K proposed, $52K 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 2025-04-30. 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 operator contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEVA 2025-0025 Settlement Lewis 2025 $41K → $26K
WEVA 2023-0334 Settlement Lewis 2023 $20K → $15K
WEVA 2025-0333 Settlement Simonton 2025 $8K → $5K
WEVA 2024-0030 Settlement 2024 $7K → $5K
WEVA 2024-0070 Settlement 2024 $1K → $271
WEVA 2017-0507 Default Lesnick 2017 $724 → $724
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2026
3
2025
8
2024
1 (1f)
2023
3
2022
2
2019
3
2018
1
2017
6

Mines on record

Fatalities under this operator

1 recorded
May 16, 2024 WV · Coal rotary bucket excavator operator Fatality · MACHINERY
CM Energy Operations LP · Struck against stationary object

Employee was operating an Excavator assisting Dozer operator in removing a big rock on the DC8A pit area. Excavator was between the rock and the top of highwall. Excavator went over the highwall ejecting the employee.

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Where CM Energy Operations LP 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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