Simmons Fork Mining Incorporated · Struck by... (Not Elsewhere Classified)
Cutter was fatally injured when he was struck by a falling tree.
Simmons Fork Mining, Inc.: 1 recorded fatality operator
Controlled by
Alpha Natural Resources, Inc.
MSHA operator ID: P23635
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Compliance record
MSHA citations since 2000
133
citations
75
significant & substantial
$71,667
proposed penalties
$62,373
paid to date
87% of proposed penalties paid to date, a $9,294 gap.
Source: MSHA violations data, updated weekly.
Labor enforcement (WHD)
US Labor Department wage findings since 2007
1
labor cases
$1,396
back wages owed
1
employees affected
Violation types
Wage & hour (FLSA) (1)
Source: US DOL Wage and Hour Division enforcement records, matched by employer name and state.
Inspection activity
MSHA inspections since 2000
108
inspections on record
4,582
inspection hours
2.9
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.133 citations across 4,582 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.$72K
proposed penalties
$62K
current assessed
$62K
paid to date
$0
outstanding
131 assessments are final orders; 10 contested dockets.
Of $41K in penalties contested before the Commission, $32K was upheld in final decisions.
As of the most recent assessment on 2014-06-23.
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.57.3%
significant & substantial
6.1%
high negligence or reckless
58.0%
reasonably likely or greater
48.9%
permanently disabling or fatal if injury occurs
Negligence coding: 1.5% none, 28.2% low, 64.1% moderate, 6.1% high, 0.0% reckless.
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 | 1.68 | 0.84 | 0.000 |
| 2012 | 0.86 | 0.00 | 0.000 |
| 2011 | 1.73 | 0.86 | 0.000 |
| 2010 | 0.00 | 0.00 | 0.000 |
| 2009 | 0.00 | 0.00 | 0.000 |
| 2008 | 0.00 | 0.00 | 0.000 |
| 2007 | 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: 2014-12-29, 11 years ago
ⓘ
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.100%
within 1.5 mg/m3
279
samples
1.79
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.272 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
- HIGHLIFT OPERATOR/FRONT END LOADER65
- HIGHWALL DRILL OPERATOR63
- BULLDOZER OPERATOR58
Silica (quartz)
Last sampled: 2013-09-06, 12 years ago24.7
silica avg (%)
3
samples
28.0
silica max (%)
Most-sampled occupations
- HIGHWALL DRILL OPERATOR3
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: 2013-12-17, 12 years ago
ⓘ
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.4%
over PEL
113
samples
Most-sampled occupations
- BULLDOZER OPERATOR25
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE25
- HIGHLIFT OPERATOR/FRONT END LOADER23
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.
15
citations taken to the federal commission · 11% of citations on record
- Settled 14 · 93%
- Stood as issued 1 · 7%
86%
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 14 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$41K proposed, $32K 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 2009-01-12. 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 2008-459 | Settlement | Melick | 2009 | $31K → $25K |
| WEVA 2008-538 | Settlement | Lesnick | 2010 | $6K → $5K |
| WEVA 2008-657 | Settlement | Melick | 2009 | $1K → $426 |
| WEVA 2008-1014 | Settlement | Melick | 2009 | $1K → $480 |
| WEVA 2004-7 | Settlement | Bulluck | 2006 | $944 → $944 |
| WEVA 2008-1013 | Settlement | Melick | 2009 | $634 → $317 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Top causes
- MACHINERY 1 fatality · 3 non-fatal
- HANDLING OF MATERIALS 12 non-fatal
- SLIP OR FALL OF PERSON 10 non-fatal
- POWERED HAULAGE 6 non-fatal
- HANDTOOLS (NONPOWERED) 5 non-fatal
- DISORDERS (REPEATED TRAUMA) 1 non-fatal
Incident timeline
2013
4
2012
2
2011
3
2010
2
2009
2
2008
7
2007
1
2006
1
2005
4
2004
6 (1f)
2003
3
2002
6
2000
1
1997
1
Mines on record
Fatalities under this operator
1 recordedFor insurers, brokers, and safety consultants
Where Simmons Fork Mining, Inc. 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.