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Upshur Property LLC: 69 MSHA citations operator

Controlled by Anker Group Inc
MSHA operator ID: P23558

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Fatalities
0
Total incidents
3
Mines on record
1
Years on record
1997–2005
Compliance record
MSHA citations since 2000
69
citations
16
significant & substantial
$25,506
proposed penalties
$21,107
paid to date
83% of proposed penalties paid to date, a $4,399 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
114
inspections on record
2,014
inspection hours
3.4
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.
69 citations across 2,014 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.
$26K
proposed penalties
$21K
current assessed
$21K
paid to date
$302
outstanding
69 assessments are final orders; 4 contested dockets.
Of $16K in penalties contested before the Commission, $12K was upheld in final decisions.
As of the most recent assessment on 2026-02-05.
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.
23.2%
significant & substantial
0.0%
high negligence or reckless
24.6%
reasonably likely or greater
31.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 39.1% low, 60.9% moderate, 0.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
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: 2018-04-30, 8 years ago
100%
within 1.5 mg/m3
8
samples
0.08
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.
0 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR8
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.
7 citations taken to the federal commission · 10% of citations on record
  • Settled 7 · 100%
83%
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 6 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$16K proposed, $12K 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 2012-09-24. 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 2012-1798 Settlement Gill 2013 $13K → $10K
WEVA 2011-1050 Settlement Lesnick 2011 $2K → $874
WEVA 2010-1996 Settlement Lesnick 2011 $873 → $392
WEVA 2011-568 Settlement Melick 2011 $138 → $138
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2005
1
2004
1
1997
1

Mines on record

For insurers, brokers, and safety consultants

Where Upshur Property 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.

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