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New Elk Coal Company LLC: 797 MSHA citations operator

Controlled by Allegiance Coal LTD
MSHA operator ID: 0071504

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Fatalities
0
Total incidents
41
Mines on record
3
Years on record
2010–2023
Compliance record
MSHA citations since 2007
797
citations
198
significant & substantial
$1,357,392
proposed penalties
$357,504
paid to date
26% of proposed penalties paid to date, a $999,888 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
154
inspections on record
7,280
inspection hours
10.9
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.
797 citations across 7,280 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.
$1.4M
proposed penalties
$1.3M
current assessed
$358K
paid to date
$937K
outstanding
780 assessments are final orders; 11 contested dockets.
Of $123K in penalties contested before the Commission, $60K was upheld in final decisions.
As of the most recent assessment on 2023-10-04.
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.
25.4%
significant & substantial
22.7%
high negligence or reckless
25.8%
reasonably likely or greater
24.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 4.0% low, 73.1% moderate, 22.2% high, 0.5% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2023
ⓘ 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.
3.65
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
Year total case rate days-away fatal
2023 3.65 0.00 0.000
2022 9.74 6.20 0.000
2021 13.80 8.28 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 3.84 0.00 0.000
2012 3.06 1.02 0.000
2011 * 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: 2023-05-04, 3 years ago
97%
within 1.5 mg/m3
511
samples
5.21
dust max (mg/m3)
1
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.
198 samples taken by MSHA inspectors, 313 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR248
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)65
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)28

Silica (quartz)

Last sampled: 2023-05-15, 3 years ago
5.2
silica avg (%)
42
samples
12.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR21
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)17
  • BULLDOZER OPERATOR1
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: 2023-01-25, 3 years ago
0%
over PEL
48
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)8
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)7
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.
22 citations taken to the federal commission · 3% of citations on record
  • Settled 13 · 59%
  • Stood as issued 9 · 41%
79%
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 19 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$114K proposed, $51K 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 2022-01-06. 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
WEST 2013-847 Settlement Manning 2014 $52K → $8K
WEST 2013-848 Settlement Manning 2014 $22K → $15K
WEST 2022-0093 Settlement Simonton 2022 $10K → $4K
WEST 2022-0292 Settlement Manning 2023 $10K → $10K
WEST 2013-324 Settlement Manning 2014 $8K → $6K
WEST 2013-911 Settlement Manning 2014 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2023
2
2022
16
2021
10
2013
2
2012
7
2011
2
2010
2

Mines on record

For insurers, brokers, and safety consultants

Where New Elk Coal Company 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.

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