Mining Incidents

Legacy Resources LLC: 288 MSHA citations operator

Controlled by Douglas M Epling
MSHA operator ID: P24500

Watch this operator

Email me when a new MSHA incident is filed at any Legacy Resources LLC mine.

Fatalities
0
Total incidents
40
Mines on record
1
Years on record
2002–2013
Compliance record
MSHA citations since 2001
288
citations
178
significant & substantial
$454,508
proposed penalties
$387,883
paid to date
85% of proposed penalties paid to date, a $66,625 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
65
inspections on record
3,009
inspection hours
9.6
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.
288 citations across 3,009 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.
$455K
proposed penalties
$388K
current assessed
$388K
paid to date
$0
outstanding
285 assessments are final orders; 11 contested dockets.
Of $160K in penalties contested before the Commission, $93K was upheld in final decisions.
As of the most recent assessment on 2013-11-18.
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.
62.5%
significant & substantial
2.1%
high negligence or reckless
62.5%
reasonably likely or greater
30.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 17.2% low, 80.4% moderate, 2.1% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2013
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.
4.15
total case rate
4.15
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
Year total case rate days-away fatal
2013 4.15 4.15 0.000
2012 3.90 3.90 0.000
2011 2.47 2.47 0.000
2010 0.98 0.98 0.000
2009 0.95 0.00 0.000
2008 2.74 1.82 0.000
2007 0.91 0.91 0.000
2006 3.78 3.78 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: 2013-11-06, 12 years ago
99%
within 1.5 mg/m3
157
samples
1.89
dust max (mg/m3)
121 samples taken by MSHA inspectors, 36 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR71
  • BULLDOZER OPERATOR23
  • HIGHLIFT OPERATOR/FRONT END LOADER23

Silica (quartz)

Last sampled: 2008-04-16, 18 years ago
15.1
silica avg (%)
3
samples
19.4
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3

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: 2013-11-06, 12 years ago
4%
over PEL
57
samples
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR15
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
  • BULLDOZER OPERATOR12
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.
46 citations taken to the federal commission · 16% of citations on record
  • Settled 46 · 100%
71%
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 45 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$160K proposed, $93K 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 2013-08-14. 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.
Docket Decision Judge Year Proposed / upheld
WEVA 2009-1707 Settlement Lesnick 2010 $33K → $3K
WEVA 2013-1214 Settlement McCarthy 2014 $31K → $23K
WEVA 2013-139 Settlement Gill 2013 $20K → $14K
WEVA 2011-744 Settlement Koutras 2012 $19K → $13K
WEVA 2010-367 Settlement Moran 2011 $13K → $10K
WEVA 2009-1706 Settlement 2010 $11K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2013
3
2012
5
2011
3
2010
1
2009
2
2008
6
2007
3
2006
5
2005
1
2004
1
2003
8
2002
2

Mines on record

For insurers, brokers, and safety consultants

Where Legacy Resources 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.

The federal record itself stays free on this site. What costs money, and why.

See a sample report
Need a different cut of the data? Ask us