What are Jim Walter Resources Inc's MSHA penalties?

Jim Walter Resources Inc has $11.5M in proposed MSHA penalties on record, $7.8M paid, and $514K outstanding.

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Jim Walter Resources Inc: 30 recorded fatalities operator

Controlled by Walter Energy Incorporated

MSHA operator ID: P01155

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Fatalities: 30
Total incidents: 10,331
Mines on record: 10
Years on record: 1983–2016

Compliance record

MSHA citations since 2000

14,798

citations

4,418

significant & substantial

$11,539,579

proposed penalties

$7,781,707

paid to date

67% of proposed penalties paid to date, a $3,757,872 gap.

Source: MSHA violations data, updated weekly.

Labor enforcement (WHD)

US Labor Department wage findings since 2009

labor cases

$1,072

back wages owed

employees affected

Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.

Inspection activity

MSHA inspections since 2000

5,612

inspections on record

204,487

inspection hours

7.2

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.

14,798 citations across 204,487 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.

$11.5M

proposed penalties

$8.3M

current assessed

$7.8M

paid to date

$514K

outstanding

14,447 assessments are final orders; 642 contested dockets.

Of $9.4M in penalties contested before the Commission, $5.9M was upheld in final decisions.

As of the most recent assessment on 2016-03-29.

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.

30.5%

significant & substantial

2.4%

high negligence or reckless

31.4%

reasonably likely or greater

8.0%

permanently disabling or fatal if injury occurs

Negligence coding: 0.2% none, 7.5% low, 90.0% moderate, 2.4% high, 0.0% reckless.

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.

3.12

total case rate

1.87

days-away rate

0.000

fatality rate

Below average. The US coal mining average was 3.79 and the all-US-mining average was 2.59 cases per 100 workers.

Year	total case rate	days-away	fatal
2016	3.12	1.87	0.000
2015	3.12	2.55	0.000
2014	3.97	2.98	0.000
2013	4.45	2.66	0.043
2012	3.99	2.57	0.000
2011	5.67	4.09	0.000
2010	5.50	2.88	0.000
2009	7.38	4.90	0.062

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: 2016-03-21, 10 years ago

91%

within 1.5 mg/m3

19,403

samples

33.95

dust max (mg/m3)

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.

10,056 samples taken by MSHA inspectors, 9,347 by the operator.

Most-sampled occupations

CONTINUOUS MINER OPERATOR5,106
JACK SETTER (LONGWALL)1,839
SHUTTLE CAR OPERATOR (STANDARD SIDE)1,342

Silica (quartz)

Last sampled: 2016-03-29, 10 years ago

4.0

silica avg (%)

1,288

samples

39.6

silica max (%)

Most-sampled occupations

CONTINUOUS MINER OPERATOR365
JACK SETTER (LONGWALL)226
ROOF BOLTER (TWIN HEAD) (RETURN SIDE)65

See US coal mines ranked by silica in their dust samples.

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: 2016-02-17, 10 years ago

28%

over PEL

1,962

samples

Most-sampled occupations

SHUTTLE CAR OPERATOR (STANDARD SIDE)311
CONTINUOUS MINER OPERATOR174
ROOF BOLTER (TWIN HEAD) (RETURN SIDE)162

See US mines ranked by noise samples over the legal limit.

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.

3,522 citations taken to the federal commission · 24% of citations on record

Settled 3,381 · 96%
Stood as issued 131 · 4%
Vacated or withdrawn 10 · 0%

78%

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 2,139 decided S&S contests · industry: 79%

37%

Penalty reduction in decided contests

$8.5M proposed, $5.4M 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 2016-03-01. 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
SE 2003-160	Vacate	Barbour	2005	$435K → $3K
SE 2009-343	Settlement	Miller	2010	$210K → $109K
SE 2012-636	Settlement	Feldman	2013	$200K → $140K
SE 2011-829	Settlement	Rae	2014	$197K → $143K
SE 2011-158	Settlement	Bulluck	2014	$173K → $165K
SE 2010-557	Settlement	Lewis	2013	$166K → $85K

Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

IGNITION OR EXPLOSION OF GAS OR DUST 13 fatalities · 830 non-fatal
FALL OF ROOF OR BACK 5 fatalities · 718 non-fatal
POWERED HAULAGE 4 fatalities · 685 non-fatal
SLIP OR FALL OF PERSON 3 fatalities · 1578 non-fatal
OTHER 2 fatalities · 267 non-fatal
ELECTRICAL 2 fatalities · 57 non-fatal

Incident timeline

2016

2015

2014

104

2013

118 (1f)

2012

120

2011

155

2010

138

2009

142 (1f)

2008

144

2007

121 (1f)

2006

163 (2f)

2005

142

2004

141 (2f)

2003

131

2002

131

2001

200 (14f)

2000

232

1999

297 (1f)

1998

355

1997

458

1996

475 (1f)

1995

577 (2f)

1994

574

1993

544

1992

514

1991

567 (1f)

1990

446

1989

421

1988

509

1987

486

1986

526 (1f)

1985

534

1984

417 (2f)

1983

373 (1f)

Mines on record

Fatalities under this operator

30 recorded

June 6, 2013 AL · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss Fatality · POWERED HAULAGE

Jim Walter Resources Inc · Caught in, under or between running or meshing objects

Employee walked up to the 7-2C header to inspect wipers. The victim was on an elevated catwalk at discharge of the 7-2B conveyor belt to examine the belt wiper. He fell off the end of catwalk on 7-2B belt. Employee was caught between the skirt and the top belt resulting in a fatal injury.

November 23, 2009 AL · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · OTHER

Jim Walter Resources Inc · Contact with heat

Employee was traveling #2 Longwall Bleeders and when he did not check in, we sent someone in to look for him. He was found unresponsive with no vital signs. The cause of death is still being investigated.

July 30, 2007 AL · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · SLIP OR FALL OF PERSON

Jim Walter Resources Inc · Fall to lower level, (Not Elsewhere Classified)

Contractor (Hooper and Chandler) was removing old tin and installing new tin on top of shop, when employee fell through the roof and landed on the concrete floor causing fatal injuries. The employee fell approx. 28 feet.

October 12, 2006 AL · Coal assayer, geologist, metallurgist, engineer, engineer management Fatality · FALL OF ROOF OR BACK

Jim Walter Resources Inc · Struck by falling object

Roof fall occurred in the outby area of the Old No. 8 Section. A rock fell onto the victim, causing injuries to the employee. The rock that fell onto the employee, was in the intersection at Spad 3575, in the old works of the mine.

March 29, 2006 AL · Coal lw propman, propman helper, move crew if lw, move-up man, jacksetter, advanceman lw helper Fatality · FALL OF ROOF OR BACK

Jim Walter Resources Inc · Struck by falling object

While installing roof pins in front of LW shield, piece of rock fell, striking employee and knocking him down. Contusion to back of head, laceration to right hand and fracture to left ankle. The victim was flown by helicopter to the nearest trauma center, where he died on April 10, 2006.

June 16, 2004 AL · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · POWERED HAULAGE

Jim Walter Resources Inc · Caught in, under or between a moving and a stationary object

AS THE VICTIM WAS WASHING DOWN THE AREA OF THE BUNKER, HE BECAME PINNED BETWEEN AN UPRIGHT BEAM AND THE RAIL BUNKER CAR. THE RESULT WAS FATAL CRUSHING INJURIES.

April 22, 2004 AL · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · POWERED HAULAGE

Jim Walter Resources Inc · Caught in, under or between running or meshing objects

AFTER FAILING TO REPORT OUT, THE VICTIM WAS DISCOVERED ON SURFACE, HAVING TRAVELED BY BELT. INVESTIGATION IS STILL ONGOING AT THIS TIME AS TO WHAT HAPPENED TO CAUSE THIS ACCIDENT.

September 23, 2001 AL · Coal electrician, lineman Fatality · IGNITION OR EXPLOSION OF GAS OR DUST