75% of proposed penalties paid to date, a $2,394,721 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
2,043
inspections on record
72,419
inspection hours
11.2
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.
8,127 citations across 72,419 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.
$9.6M
proposed penalties
$7.2M
current assessed
$7.2M
paid to date
$0
outstanding
7,918 assessments are final orders; 288 contested dockets.
Of $7.3M in penalties contested before the Commission, $4.9M was upheld in final decisions.
As of the most recent assessment on 2017-08-11.
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.
Injury rate, 2016
ⓘ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.
14.01
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 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
2016 *
14.01
0.00
0.000
2015 *
11.05
0.00
0.000
2014
0.67
0.00
0.000
2013
5.74
3.35
0.000
2012
5.51
3.79
0.344
2011
9.88
4.07
0.000
2010
7.98
2.88
0.000
2009
5.49
1.83
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: 2017-10-11, 8 years ago
90%
within 1.5 mg/m3
4,920
samples
20.56
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.
2,341 samples taken by MSHA inspectors, 2,579 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.
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.
1,742citations taken to the federal commission · 21% of citations on record
Settled
1,202 · 69%
Stood as issued
540 · 31%
80%
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 1,344 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$6.3M proposed, $4.5M 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 2014-01-14. 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.
May 17, 2012WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · SLIP OR FALL OF PERSON
Independence Coal Company Inc · Fall from ladders
An employee suffered fatal injuries after he fell down the hoist-well from the 3rd floor onto the basement floor of the preparation plant. The employee was on a ladder when it slipped or shifted causing the employee and ladder to fall over the handrails and down the hoist-well. Employee was transported to the ER by EMS.
Independence Coal Company Inc · Caught in, under or between a moving and a stationary object
Employee was assisting in the movement of supplies at the Justice Mine of Independence Coal Company, Inc. During this process he was apparently pinned between a parts car loaded on a rail car and a rib near the first left switch.
January 2, 2002WV · Coalcontinuous miner operator, coal mole operatorFatality · FALL OF ROOF OR BACK
Independence Coal Company Inc · Struck by falling object
ON WEDNESDAY, JANUARY 2, 2002, EMPLOYEE WAS FATALLY INJURED BY A SUDDEN FALL OF ROOF WHILE OPERATING THE CONTINUOUS MINER IN THE #2 BELT ENTRY (#2 RIGHT BREAK).
Independence Coal Company Inc · Struck by falling object
EE OPERATING THE CONTINUOUS MINER IN THE #5 ENTRY WHEN A PIECE OF ROCK BROW FELL STRIKING HIM FROM BEHIND RESULTING IN FATAL INJURIES.
October 30, 2000WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorFatality · FALL OF ROOF OR BACK
Independence Coal Company Inc · Struck by falling object
EMPLOYEE WAS ASSISTING A CO-WORKER LOADING A SCOOP CHARGER IN THE BUCKET OF A 35C SCOOP. A PIECEOF DRAW ROCK FELL FROM BETWEEN THE ROOF BOLTS FORCING HIM TO THE MINE FLOOR. THE ROCK BROKE INTO TWO PIECES. ORIGINAL SIZE OF ROCK WAS 89" X 54" X 1"-4".
For insurers, brokers, and safety consultants
Where Independence Coal Co. 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.