Attached files
Exhibit 95.1
Federal Mine Safety and Health Act Information
We work
to prevent accidents and occupational illnesses. We have in place
health and safety programs that include extensive employee
training, safety incentives, drug and alcohol testing and safety
audits. The objectives of our health and safety programs are to
provide a safe work environment, provide employees with proper
training and equipment and implement safety and health rules,
policies and programs that foster safety excellence.
Our
mining operations are subject to extensive and stringent compliance
standards established pursuant to the Federal Mine Safety and
Health Act of 1977 (the “Mine Act”). MSHA monitors and
rigorously enforces compliance with these standards, and our mining
operations are inspected frequently. Citations and orders are
issued by MSHA under Section 104 of the Mine Act for violations of
the Mine Act or any mandatory health or safety standard, rule,
order or regulation promulgated under the Mine Act.
The
Dodd-Frank Wall Street Reform and Consumer Protection Act
(“Dodd-Frank Act”) requires issuers to include in
periodic reports filed with the SEC certain information relating to
citations or orders for violations of standards under the Mine Act.
We present information below regarding certain mining safety and
health violations, orders and citations, issued by MSHA and related
assessments and legal actions and mine-related fatalities with
respect to our active coal mining operations. In evaluating this
information, consideration should be given to factors such as: (i)
the number of violations, orders and citations will vary depending
on the size of the coal mine, (ii) the number of violations, orders
and citations issued will vary from inspector to inspector and mine
to mine, and (iii) violations, orders and citations can be
contested and appealed, and in that process, are often reduced in
severity and amount, and are sometimes dismissed.
The
following tables include information required by the Dodd-Frank Act
for the three months ended September 30, 2018. The mine data
retrieval system maintained by MSHA may show information that is
different than what is provided herein. Any such difference may be
attributed to the need to update that information on MSHA’s
system and/or other factors.
|
Mine or Operating Name /
MSHA Identification Number
|
Section 104(a)
S&S
Citations(1)
|
Section 104(b)
Orders(2)
|
Section 104(d)
Citations and
Orders(3)
|
Section
110(b)(2)
Violations(4)
|
Section 107(a)
Orders(5)
|
Total Dollar
Value of MSHA
Assessments
Proposed (in thousands)(6)
|
|
Active
Operations
|
|
|
|
|
|
|
|
McCoy Elkhorn Mine
#15 / 15-18775
|
94
|
0
|
2
|
0
|
0
|
$198.871
|
|
McCoy Elkhorn
Carnegie Mine / 15-19313
|
11
|
0
|
0
|
0
|
0
|
$3.9
|
|
McCoy Elkhorn
Bevins Branch Preparation Plant / 15-10445
|
4
|
0
|
0
|
0
|
0
|
$2.4
|
|
McCoy Elkhorn Point
Rock / 15-07010
|
1
|
0
|
0
|
0
|
0
|
$0.2
|
|
Deane Mining Access
Mine/ 15-19532
|
31
|
2
|
0
|
0
|
0
|
$36.1
|
|
Deane Mining Mill
Creek Preparation Plant / 15-16577
|
7
|
1
|
1
|
0
|
0
|
$0.9
|
|
Deane Mining
Razorblade / 15-19829
|
10
|
0
|
0
|
0
|
0
|
$1.4
|
Knott
County Coal Wayland/15-19402 8 2 0 0 0 $14.6
|
Mine or Operating Name /
MSHA Identification Number
|
|
Total Number of
Mining Related
Fatalities
|
|
|
Received Notice of
Pattern of
Violations Under
Section 104(e)
(yes/no)(7)
cx
|
|
|
Legal Actions
Pending as of Last
Day of Period
|
|
|
Legal Actions
Initiated During
Period
|
|
|
Legal Actions
Resolved During Period
|
|
|||||
|
Active Operations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
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|
McCoy
Elkhorn Mine #15 / 15-18775
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
McCoy
Elkhorn Carnegie Mine / 15-19313
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
McCoy
Elkhorn Bevins Branch Preparation Plant / 15-10445
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
McCoy
Elkhorn Point Rock / 15-07010
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
Deane
Mining Access Mine / 15-19532
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
Deane
Mining Mill Creek Preparation Plant / 15-16577
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
Deane
Mining Razorblade / 15-19829
|
|
|
0
|
|
|
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No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
|
Knott
County Coal Wayland / 15-19402
|
|
|
0
|
|
|
|
No
|
|
|
|
0
|
|
|
|
0
|
|
|
|
0
|
|
2
The
number of legal actions pending before the Federal Mine Safety and
Health Review Commission as of September 30, 2018 that fall into
each of the following categories is as follows:
|
Mine or Operating Name /
MSHA Identification Number
|
Contests of
Citations and
Orders
|
Contests of
Proposed
Penalties
|
Complaints for
Compensation
|
Complaints of
Discharge /
Discrimination /
Interference
|
Applications
for Temporary
Relief
|
Appeals of
Judge’s Ruling
|
|
Active
Operations
|
|
|
|
|
|
|
|
McCoy Elkhorn Mine
#15 / 15-18775
|
86
|
86
|
0
|
0
|
0
|
0
|
|
McCoy Elkhorn
Carnegie Mine / 15-19313
|
7
|
7
|
0
|
0
|
0
|
0
|
|
McCoy Elkhorn
Bevins Branch Preparation Plant / 15-10445
|
16
|
16
|
0
|
0
|
0
|
0
|
|
McCoy Elkhorn Point
Rock / 15-07010
|
0
|
0
|
0
|
0
|
0
|
0
|
|
Deane Mining Access
Mine / 15-19532
|
27
|
27
|
0
|
0
|
0
|
0
|
|
Deane Mining Mill
Creek Preparation Plant / 15-16577
|
3
|
3
|
0
|
0
|
0
|
0
|
|
Deane Mining
Razorblade / 15-19829
|
9
|
9
|
0
|
0
|
0
|
0
|
|
Knott County Coal
Wayland / 15-19402
|
3
|
3
|
0
|
0
|
0
|
0
|
|
(1)
|
Mine
Act section 104(a) S&S citations shown above are for alleged
violations of mandatory health or safety standards that could
significantly and substantially contribute to a coal mine health
and safety hazard. It should be noted that, for purposes of this
table, S&S citations that are included in another column, such
as Section 104(d) citations, are not also included as Section
104(a) S&S citations in this column.
|
|
(2)
|
Mine
Act section 104(b) orders are for alleged failures to totally abate
a citation within the time period specified in the
citation.
|
|
(3)
|
Mine
Act section 104(d) citations and orders are for an alleged
unwarrantable failure (i.e., aggravated conduct constituting more
than ordinary negligence) to comply with mandatory health or safety
standards.
|
|
(4)
|
Mine
Act section 110(b)(2) violations are for an alleged
“flagrant” failure (i.e., reckless or repeated) to make
reasonable efforts to eliminate a known violation of a mandatory
safety or health standard that substantially and proximately
caused, or reasonably could have been expected to cause, death or
serious bodily injury.
|
|
(5)
|
Mine
Act section 107(a) orders are for alleged conditions or practices
which could reasonably be expected to cause death or serious
physical harm before such condition or practice can be abated and
result in orders of immediate withdrawal from the area of the mine
affected by the condition.
|
|
(6)
|
Amounts
shown include assessments proposed by MSHA during the three months
ended March 31, 2017 on all citations and orders, including those
citations and orders that are not required to be included within
the above chart. This number may differ from actual assessments
paid to MSHA as the Company may contest any proposed
penalty.
|
|
(7)
|
Mine
Act section 104(e) written notices are for an alleged pattern of
violations of mandatory health or safety standards that could
significantly and substantially contribute to a coal mine safety or
health hazard.
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3