Attached files
file | filename |
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EX-31.1 - EXHIBIT 31.1 - NEWPARK RESOURCES INC | c16148exv31w1.htm |
EX-10.1 - EXHIBIT 10.1 - NEWPARK RESOURCES INC | c16148exv10w1.htm |
EX-32.1 - EXHIBIT 32.1 - NEWPARK RESOURCES INC | c16148exv32w1.htm |
EX-31.2 - EXHIBIT 31.2 - NEWPARK RESOURCES INC | c16148exv31w2.htm |
EX-32.2 - EXHIBIT 32.2 - NEWPARK RESOURCES INC | c16148exv32w2.htm |
10-Q - FORM 10-Q - NEWPARK RESOURCES INC | c16148e10vq.htm |
Exhibit 99.1
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act),
each operator of a coal or other mine is required to include certain mine safety results in its
periodic reports filed with the Securities and Exchange Commission. We do not believe that certain
operations of our subsidiary, Excalibar Minerals LLC (Excalibar), are subject to the jurisdiction
of the Mine Safety and Health Administration (MSHA) and we previously filed an action with MSHA
requesting a transfer of regulatory jurisdiction for the operations of Excalibar to the
Occupational Safety and Health Administration (OSHA). Our request to transfer regulatory
jurisdiction for these operations from MSHA to OSHA has been denied. As a result, the four
specialized barite and calcium carbonate grinding facilities operated by Excalibar and a gravel
excavation facility formerly operated by the Mats and Integrated Services business were subject to
the regulation by MSHA under the Federal Mine Safety and Health Act of 1977 (the Mine Act).
As required by the reporting requirements regarding mine safety included in the Dodd-Frank
Act, the tables below present the following information for the three months ended March 31, 2011
for each of the specialized facilities operated by our subsidiaries:
(a) | The total number of Mine Act section 104 significant and substantial citations
received, which are for alleged violations of a mining safety standard or regulation
where there exists a reasonable likelihood that the hazard could result in an injury or
illness of a reasonably serious nature; |
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(b) | The total number of Mine Act section 104(b) orders received, which are for an
alleged failure to totally abate the subject matter of a Mine Act section 104(a)
citation within the period specified in the citation; |
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(c) | The total number of Mine Act section 104(d) citations and orders received,
which are for an alleged unwarrantable failure to comply with a mining safety standard
or regulation; |
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(d) | The total number of flagrant violations under section 110(b)(2) of the Mine Act
received; |
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(e) | The total number of imminent danger orders issued under section 107(a) of the
Mine Act; |
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(f) | The total dollar value of proposed assessments from MSHA under the Mine Act; |
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(g) | The total number of mining-related fatalities; and |
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(h) | The total number of pending legal actions before the Federal Mine Safety and
Health Review Commission as required by § 1503(a)(3) of the Dodd-Frank Act. |
For the Three Months Ended March 31, 2011
(A) | (H) | |||||||||||||||||||||||||||||||
Section | (B) | (C) | (D) | (E) | (F) | Pending | ||||||||||||||||||||||||||
104 | Section | Section | Section | Section | Proposed | (G) | Legal | |||||||||||||||||||||||||
Mine/Grinding Facility | S&S | 104(b) | 104(d) | 110(b)(2) | 107(a) | Assessments | Fatalities | Action | ||||||||||||||||||||||||
Houston Plant /41-04449 |
2 | | | | | $ | 615.00 | | | |||||||||||||||||||||||
Dyersburg Plant /
40-03183 |
| | | | | | | | ||||||||||||||||||||||||
Excalibar Minerals (New Iberia Plaint) / 16-01302 |
2 | | | | | $ | 484.00 | | | |||||||||||||||||||||||
Corpus Christ Plant /
41-04002 |
| | | | | | | | ||||||||||||||||||||||||
Collins Gulch Gravel Pit |
| | | | | | | |
In addition, for the three months ended March 31, 2011, we report that none of the
mines/grinding facilities which we or any of our subsidiaries were an operator has received written
notice from MSHA of:
(a) | a pattern of violations of mandatory health or safety standards that are of
such nature as could have significantly and substantially contributed to the cause and
effect of coal or other mine health or safety hazards under section 104(e) of the Mine
Act; or |
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(b) | the potential to have such a pattern. |
In evaluating the above information regarding mine safety and health, investors should take
into account factors such as (i) the number of citations and orders will vary depending on the size
of the coal mine or facility, (ii) the number of citations issued will vary from
inspector-to-inspector and mine-to-mine, and (iii) citations and orders can be contested and
appealed, and in that process, may be reduced in severity and amount, and are sometimes dismissed.