Mining Incidents

Seminole WV Mining Complex: 1,126 MSHA citations operator

Controlled by ERP Compliant Fuels, LLC
MSHA operator ID: 0144073

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Fatalities
0
Total incidents
54
Mines on record
3
Years on record
2016–2019
Compliance record
MSHA citations since 2016
1,126
citations
165
significant & substantial
$738,111
proposed penalties
$238,705
paid to date
32% of proposed penalties paid to date, a $499,406 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
116
inspections on record
10,710
inspection hours
10.5
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.
1,126 citations across 10,710 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.
$738K
proposed penalties
$521K
current assessed
$239K
paid to date
$282K
outstanding
1,077 assessments are final orders; 20 contested dockets.
Of $365K in penalties contested before the Commission, $146K was upheld in final decisions.
As of the most recent assessment on 2019-04-25.
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.
14.8%
significant & substantial
7.6%
high negligence or reckless
14.8%
reasonably likely or greater
40.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 23.1% low, 69.1% moderate, 7.6% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2019
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.
14.32
total case rate
6.51
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
Year total case rate days-away fatal
2019 14.32 6.51 0.000
2018 6.96 3.05 0.000
2017 5.15 0.86 0.000
2016 2.79 0.00 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: 2019-04-29, 7 years ago
99%
within 1.5 mg/m3
2,526
samples
3.14
dust max (mg/m3)
8
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.
345 samples taken by MSHA inspectors, 2,181 by the operator.
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)769
  • CONTINUOUS MINER OPERATOR684
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)312

Silica (quartz)

Last sampled: 2019-03-12, 7 years ago
5.0
silica avg (%)
143
samples
40.3
silica max (%)
Most-sampled occupations
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)40
  • CONTINUOUS MINER OPERATOR39
  • SHUTTLE CAR OPERATOR (OFF STANDARD)16

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: 2019-03-06, 7 years ago
10%
over PEL
109
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)22
  • CONTINUOUS MINER OPERATOR14
  • ROOF BOLTER (TWIN HEAD) (INTAKE SIDE)10
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.
174 citations taken to the federal commission · 15% of citations on record
  • Settled 174 · 100%
100%
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 74 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$363K proposed, $146K 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 2019-10-20. 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 2019-0357 Settlement Paez 2019 $74K → $18K
WEVA 2020-0058 Settlement McCarthy 2020 $61K → $49K
WEVA 2019-0208 Settlement Paez 2019 $45K → $11K
WEVA 2019-0172 Settlement Paez 2019 $44K → $15K
WEVA 2019-0291 Settlement Paez 2019 $35K → $9K
WEVA 2019-0454 Settlement Moran 2019 $30K → $7K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2019
11
2018
19
2017
18
2016
6

Mines on record

For insurers, brokers, and safety consultants

Where Seminole WV Mining Complex 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.

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