EX-95.1 6 metc-20220331xex95d1.htm EX-95.1

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 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 current quarter. 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. The tables below do not include any orders or citations issued to independent contractors at our mines.

    

    

    

    

    

    

    

    

    

    

    

    

 

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

  

  

  

  

  

  

Eagle Seam Deep Mine 46-09495

2

$

46.0 

Coal Creek Prep Plant (VA) 44-05236

0

$

0.5 

Elk Creek Prep Plant 46-02444

3

$

Stonecoal Branch Mine No. 2 46-08663

11

$

35.6 

Ram Surface Mine No. 1 46-09537

2

$

Highwall Miner No. 1 46-09219

0

$

Berwind Deep Mine 46-09533

10

$

18.5 

No. 2 Gas Deep Mine 46-09541

3

$

11.0 

Tiller No.1 44-06804

0

$

Triad Poca 4 Seam Deep Mine 46-09591

6

$

18.4 

Big Creek Surface Mine 44-07162

0

$

Laurel Fork 46-09084

0

$

Jawbone Mine No. 1 44-07369

1

$

Berwind Prep Plant 46-05449

0

$

0.1 


    

    

    

    

    

    

    

    

    

    

 

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)

    

Legal Actions
Pending as of
Last
Day of Period

    

Legal Actions
Initiated During
Period

    

Legal Actions
Resolved During
Period

 

Active Operations

  

  

  

  

  

Eagle Seam Deep Mine 46-09495

No

34 

25 

15 

Coal Creek Prep Plant (VA) 44-05236

No

Elk Creek Prep Plant 46-02444

No

Stonecoal Branch Mine No. 2 46-08663

No

16

14 

Ram Surface Mine No. 1 46-09537

No

Highwall Miner No. 1 46-09219

No

Berwind Deep Mine 46-09533

No

No. 2 Gas 46-09541

No

Tiller No.1 44-06804

No

Triad Poca 4 Seam Deep Mine 46-09591

No

Big Creek Surface Mine 44-07162

No

Laurel Fork 46-09084

No

Jawbone Mine No. 1 44-07369

No

Berwind Prep Plant 46-05449

No

The number of legal actions pending before the Federal Mine Safety and Health Review Commission as of March 31, 2022 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

  

  

  

  

  

  

Eagle Seam Deep Mine 46-09495

34 

Coal Creek Prep Plant (VA) 44-05236

Elk Creek Prep Plant 46-02444

Stonecoal Branch Mine No. 2 46-08663

16 

Ram Surface Mine No. 1 46-09537

Highwall Miner No. 1 46-09219

Berwind Deep Mine 46-09533

No. 2 Gas 46-09541

Tiller No.1 44-06804

Triad Poca 4 Seam Deep Mine 46-09591

Big Creek Surface Mine 44-07162

Laurel Fork 46-09084

Jawbone Mine No. 1 44-07369

Berwind Prep Plant 46-05449


(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 on all citations and orders, including those citations and orders that are not required to be included within the above chart.

(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.