75% of proposed penalties paid to date, a $3,494,749 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2004
1
labor cases
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
1,638
inspections on record
118,522
inspection hours
9.8
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.
11,623 citations across 118,522 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.
$14.1M
proposed penalties
$10.7M
current assessed
$10.6M
paid to date
$100K
outstanding
11,329 assessments are final orders; 605 contested dockets.
Of $10.9M in penalties contested before the Commission, $7.2M was upheld in final decisions.
As of the most recent assessment on 2026-05-21.
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, 2024
ⓘ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.
5.38
total case rate
3.84
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.16 and the all-US-mining average was 2.08 cases per 100 workers.
Year
total case rate
days-away
fatal
2024
5.38
3.84
0.000
2023 *
3.02
3.02
0.000
2022 *
0.00
0.00
0.000
2019 *
0.00
0.00
0.000
2018 *
0.00
0.00
0.000
2017 *
3.49
0.00
0.000
2016
19.28
2.75
0.000
2015
6.30
3.71
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: 2025-04-21
92%
within 1.5 mg/m3
12,920
samples
11.13
dust max (mg/m3)
19
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.
5,253 samples taken by MSHA inspectors, 7,667 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.
2,917citations taken to the federal commission · 25% of citations on record
Settled
2,138 · 73%
Stood as issued
773 · 26%
Vacated or withdrawn
6 · 0%
74%
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 2,096 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$10.3M proposed, $7.0M 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 2024-11-13. 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.
Republic Energy, Inc · Caught in, under or between a moving and a stationary object
Investigation is still going on at this time. Per preliminary report: Descending the coal haul road, victim began to lose brakes. He attempted to straddle an axle berm on his left. The truck ran up onto the berm for approximately 100' before it turned over. Victim was found partly out of the passenger side door beneath the right exaust stack. Unable to remove him until EMS arrived.
Republic Energy, Inc · Caught in, under or between a moving and a stationary object
Truck out of control, driver not wearing seatbelt, ejected & crushed.
February 1, 2006WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerFatality · IGNITION OR EXPLOSION OF GAS OR DUST
Elk Run Coal Co. · Contact with hot objects or substances
EE was cropping the clarion level when for unknown reasons he traveled to the top of the ridge and inadvertently contacted a low pressure high volume 16 inch gas line.
April 11, 1999WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerFatality · MACHINERY
Elk Run Coal Company, LLC · Caught in, under or between collapsing material or buildings
VICTIM WAS OPERATING A D9L DOZER WHEN A VOID COLLAPSED ENGULFING THE MACHINE CAUSING FATAL INJURIES.
May 13, 1997WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanFatality · ELECTRICAL
Elk Run Coal Company Inc · Contact with electrical current
Elk Run Coal Company Inc · Struck by falling object
THE EE WAS IN A SITTING POSITION PERFORMING MAINTENANCE WORK ON A ROOF BOLT MACHINE WHEN A RIB ROLL OCCURRED. THE APPROX. SIZE OF THE ROCK AND COAL RIB WAS 14' LONG X 25" WIDE X 13" THICK. THE RIB ROLL CONTACTED THE CITIM ON THE UPPER TORCOIN THE BACK AND LOWER EXTREMITIES CAUSING CRUSHING INJURIES. THIS OCCURRED IN THE LAST OPEN CROSSCUT BETWEEN 2 & 3 ENTRIES ON THE WEST MAINS 020
March 25, 1994WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)Fatality · MACHINERY
Elk Run Coal Company, LLC · Caught in, under or between a moving and a stationary object
VICTIM SUFFERED FATAL INJURIES WHEN HIS HEAD BECAME CAUGHT BETWEEN THE DRILL HEAD BOOM AND THE CANOPY.
Elk Run Coal Company, LLC · Caught in, under or between (Not Elsewhere Classified)
VICTIM IS BELIEVED TO HAVE CLIMBED CONVEYOR BELT SUPPORT STRUCTURE. IN AN UNKNOWN FASHION, WHILE ON BELT STRUCTURE, VICTIM CAME IN CONTACT WITH THE RETURN BELT IDLER AND SUFFERED FATAL INJURI ES.
May 5, 1983WV · Coalassistant mine foreman, assistant mine managerFatality · FALL OF ROOF OR BACK
Elk Run Coal Company Inc · Struck by falling object
STANDING BESIDE C.M. OBSERVING PILLAR RECOVERY OPERATION -STRUCK BY PIECE OF ROCK FROM MASSIVE ROOF FALL.
For insurers, brokers, and safety consultants
Where Elk Run 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.