76% of proposed penalties paid to date, a $863,473 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2009
2
labor cases
1
employees affected
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
1,413
inspections on record
41,289
inspection hours
11.3
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.
4,650 citations across 41,289 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.
$3.6M
proposed penalties
$2.7M
current assessed
$2.7M
paid to date
$12K
outstanding
4,484 assessments are final orders; 114 contested dockets.
Of $2.7M in penalties contested before the Commission, $1.6M was upheld in final decisions.
As of the most recent assessment on 2015-11-30.
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, 2014
ⓘ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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.96 and the all-US-mining average was 2.93 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
2014 *
0.00
0.00
0.000
2013
1.46
1.46
0.000
2012
3.35
2.74
0.000
2011
4.12
4.12
0.000
2010
2.38
2.38
0.000
2009
4.39
4.10
0.000
2008
6.57
6.26
0.000
2007
3.64
3.31
0.331
* 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: 2014-09-10, 11 years ago
86%
within 1.5 mg/m3
3,405
samples
11.84
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.
1,535 samples taken by MSHA inspectors, 1,870 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.
510citations taken to the federal commission · 11% of citations on record
Settled
489 · 96%
Stood as issued
1 · 0%
Vacated or withdrawn
17 · 3%
Still open
3 · 1%
51%
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 301 decided S&S contests · industry: 79%
36%
Penalty reduction in decided contests
$2.1M proposed, $1.4M 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 2014-07-02. 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.
January 6, 2007CO · Coalutility man, errand boy, service truck operatorFatality · HANDLING OF MATERIALS
Oxbow Mining, LLC · Caught in, under or between a moving and a stationary object
Employee was cutting a metal band on a bundle of rib screen. When the band broke, the screen expanded and fell on his chest, pinning him between the screen and the Wagner scoop. The screen was lifted off the victim with a skid steer and no pulse was found. The victim was transported to hospital.
OPERATING SHEARER IN TAILGATE, FLIPPED COWL HEADING TO HEADGATE WHEN FITTING BROKE ON BACK FLUSHFILTER AT SHEILD 74. THE HOSE WITH ALL FITTINGS WHIPPED OUT TO FACE AND HIT VICTIM AT SHIELD 76. THE 4,2000 PSI HOSE WITH COUPLER ON THE END HIT VICTIM IN THE FACE RESULTING IN BLUNT FORCE TRAUMA TO FACE AND HEAD.
For insurers, brokers, and safety consultants
Where Oxbow Mining, 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.