69% of proposed penalties paid to date, a $4,968,324 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
1,935
inspections on record
113,983
inspection hours
12.0
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.
13,658 citations across 113,983 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.
$16.0M
proposed penalties
$11.0M
current assessed
$11.0M
paid to date
$752
outstanding
13,498 assessments are final orders; 304 contested dockets.
Of $13.6M in penalties contested before the Commission, $8.4M was upheld in final decisions.
As of the most recent assessment on 2015-12-30.
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, 2015
ⓘ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.
8.15
total case rate
7.34
days-away rate
0.091
fatality rate
Above average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
Year
total case rate
days-away
fatal
2015
8.15
7.34
0.091
2014
5.53
4.28
0.000
2013
4.28
2.55
0.091
2012
3.96
2.29
0.000
2011
3.89
2.07
0.000
2010
3.57
2.23
0.000
2009
3.68
2.30
0.000
2008
3.94
2.59
0.096
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: 2015-12-21, 10 years ago
89%
within 1.5 mg/m3
6,066
samples
12.70
dust max (mg/m3)
10
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.
2,692 samples taken by MSHA inspectors, 3,374 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.
4,464citations taken to the federal commission · 33% of citations on record
Settled
4,398 · 99%
Stood as issued
56 · 1%
Vacated or withdrawn
10 · 0%
83%
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 3,541 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$13.3M proposed, $8.4M 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 2016-03-30. 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.
The 12 East longwall had mined out of seam from 3-10 shield. Shield tip to face had been roof bolted so the coal floor could be removed. The victim was standing with his back to the face. A rib struck the victim measuring 12' long by 4' wide by 1' thick. The victim was a trained and experienced longwall supervisor. The roof control and protective equipment were compliant.
McElroy Coal Company · Struck by... (Not Elsewhere Classified)
While in the process of pulling top chain onto the longwall conveyor panline, the chain became fouled. While examining the area, an apparent failure of the sheave anchor point may have occurred allowing the rope and sheave to be propelled forward. An unknown portion of the assembly apparently struck the injured causing fatal injuries.
October 19, 2008WV · Coalmotorman, motor person, swamper, switchman, locomotive operatorFatality · POWERED HAULAGE
McElroy Coal Company · Caught in, under or between a moving and a stationary object
Employee was disconnecting drawbar from dolly on outby end when trail motor collided with dollies and pushed dollies and employee into outby motor fatally injuring employee.
5 North face area, right side, cross 5 to 6 at survey station 38 and 82. Coal and rock fell out on right side of miner knocking man's head and neck into side of the continuous miner.
McElroy Coal Company · Contact with hot objects or substances
AN APPARENT METHANE EXPLOSION OCCURRED WHILE CONSTRUCTION WORK WAS BEING CONDUCTED ON THE SHAFT BOTTOM, RESULTING IN THREE FATALITIES. THREE OTHER WORKERS WERE INJURED. THE SHAFT WAS APPROXIMA TELY 950 FEET DEEP AND WAS WITHIN APPROXIMATELY 30 FEET OF INTERSECTING THE COAL SEAM.
McElroy Coal Company · Contact with hot objects or substances
AN APPARENT METHANE EXPLOSION OCCURRED WHILE CONSTRUCTION WORK WAS BEING CONDUCTED ON THE SHAFT BOTTOM, RESULTING IN THREE FATALITIES. THREE OTHER WORKERS WERE INJURED. THE SHAFT WAS APPROXIMA TELY 950 FEET DEEP AND WAS WITHIN APPROXIMATELY 30 FEET OF INTERSECTING THE COAL SEAM.
January 22, 2003WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techFatality · IGNITION OR EXPLOSION OF GAS OR DUST
McElroy Coal Company · Contact with hot objects or substances
AN APPARENT METHANE EXPLOSION OCCURRED WHILE CONSTRUCTION WORK WAS BEING CONDUCTED ON THE SHAFT BOTTOM, RESULTING IN THREE FATALITIES. THREE OTHER WORKERS WERE INJURED. THE SHAFT WAS APPROXIMA TELY 950 FEET DEEP AND WAS WITHIN APPROXIMATELY 30 FEET OF INTERSECTING THE COAL SEAM.
November 20, 2001WV · Coallaborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scalerFatality · POWERED HAULAGE
McElroy Coal Company · Struck by... (Not Elsewhere Classified)
2 RIGHT 5 SOUTH TRACK ENTRY, TWO EES WERE INSTALLING FISH PLATES IUNBY A FLAT CAR LOADED WITH RAILS AND ATTACHED TO A BATTERY LOCOMOTIVE. WHEN A THIRD EE ATTEMPTED TO NMOVE THE LOCOMOTIVE AND RAIL CAR OUTBY, IT TRAVELED INBY STRIKING THE EES INSTALLING THE FISH PLATES RESULTING IN FATAL INJURIES TO ONE EE AND MINOR CONTUSIONS TO THE OTHER EE. ACCIDENT IS STILL UNDER INVESTIGATION.
For insurers, brokers, and safety consultants
Where McElroy Coal Company 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.