EXHIBIT 95
Mine Safety and Health Administration Safety Data
We believe that Arch Coal, Inc. (“Arch Coal”) is one of the safest coal mining companies in the world. Safety is a core value at Arch Coal and at our subsidiary operations. We have in place a comprehensive safety program that includes extensive health & safety training for all employees, site inspections, emergency response preparedness, crisis communications training, incident investigation, regulatory compliance training and process auditing, as well as an open dialogue between all levels of employees. The goals of our processes are to eliminate exposure to hazards in the workplace, ensure that we comply with all mine safety regulations, and support regulatory and industry efforts to improve the health and safety of our employees along with the industry as a whole.
The operation of our mines is subject to regulation by the federal Mine Safety and Health Administration (MSHA) under the Federal Mine Safety and Health Act of 1977 (Mine Act). MSHA inspects our mines on a regular basis and issues various citations, orders and violations when it believes a violation has occurred 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 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 a coal mine, (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 are often reduced in severity and amount, and are sometimes dismissed.
The table below sets forth for the twelve months ended December 31, 2011 for each coal mine of Arch Coal and its subsidiaries, the total number of: (i) violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Mine Act for which the operator received a citation from MSHA; (ii) orders issued under section 104(b) of the Mine Act; (iii) citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act; (iv) flagrant violations under section 110(b)(2) of the Mine Act; (v) imminent danger orders issued under section 107(a) of the Mine Act; (vi) proposed assessments from MHSA (regardless of whether Arch Coal has challenged or appealed the assessment); (vii) mining-related fatalities; (viii) notices from MSHA of 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; (ix) notices from MSHA regarding the potential to have a pattern of violations as referenced in (viii) above; and (x) pending legal actions before the Federal Mine Safety and Health Review Commission (as of December 31, 2011) involving such coal or other mine, as well as the aggregate number of legal actions instituted and the aggregate number of legal actions resolved during the reporting period. Each legal action is assigned a docket number by the Federal Mine Safety and Health Review Commission and may have as its subject matter one or more citations, orders, penalties or complaints.
Mine or Operating Name / |
| Section |
| Section |
| Section |
| Section |
| Section |
| Total Dollar |
| Total |
| Received |
| Received |
| Legal |
| Legal |
| Legal |
Active Operations | ||||||||||||||||||||||||
Arch Coal Terminal / |
| — |
| — |
| — |
| — |
| — |
| 0.6 |
| — |
| No |
| No |
| — |
| — |
| — |
ADDCAR 20 HWM / |
| 2 |
| — |
| — |
| — |
| — |
| 0.6 |
| — |
| No |
| No |
| 1 |
| — |
| 1 |
ADDCAR 11 HWM / |
| — |
| — |
| — |
| — |
| — |
| 0.6 |
| — |
| No |
| No |
| 1 |
| 2 |
| 1 |
ADDCAR 18 HWM / |
| — |
| — |
| — |
| — |
| — |
| 0.3 |
| — |
| No |
| No |
| 1 |
| 3 |
| — |
Lone Mountain Darby Fork / |
| 32 |
| — |
| — |
| — |
| — |
| 96.9 |
| — |
| No |
| No |
| — |
| 8 |
| — |
Lone Mountain Clover Fork / |
| 47 |
| 1 |
| 3 |
| — |
| — |
| 620.0 |
| — |
| No |
| No |
| 1 |
| 10 |
| 5 |
Lone Mountain Huff Creek / |
| 16 |
| — |
| — |
| — |
| — |
| 34.7 |
| — |
| No |
| No |
| — |
| 3 |
| — |
Lone Mountain 6C Mine / |
| 3 |
| — |
| — |
| — |
| — |
| 0.5 |
| — |
| No |
| No |
| — |
| — |
| — |
Lone Mountain Processing / |
| 9 |
| — |
| — |
| — |
| — |
| 4.8 |
| — |
| No |
| No |
| — |
| — |
| — |
Flint Ridge Prep Plant / |
| 3 |
| — |
| — |
| — |
| — |
| 2.0 |
| — |
| No |
| No |
| — |
| — |
| — |
Flint Ridge Mine #2 / |
| 56 |
| — |
| 4 |
| — |
| — |
| 185.3 |
| — |
| No |
| No |
| 11 |
| 6 |
| 23 |
Hazard South Fork Mine / |
| 5 |
| — |
| — |
| — |
| — |
| 2.7 |
| — |
| No |
| No |
| — |
| — |
| — |
Hazard Kentucky River |
| 7 |
| — |
| — |
| — |
| — |
| 2.5 |
| — |
| No |
| No |
| — |
| — |
| 1 |
Hazard Rowdy Gap Mine / |
| 18 |
| — |
| — |
| — |
| — |
| 78.3 |
| — |
| No |
| No |
| — |
| — |
| — |
Hazard Tip Top Mine / |
| — |
| — |
| — |
| — |
| — |
| 1.5 |
| — |
| No |
| No |
| — |
| — |
| — |
Hazard East Mac & Nellie / |
| 10 |
| — |
| — |
| — |
| — |
| 34.4 |
| — |
| No |
| No |
| — |
| — |
| — |
Hazard Bearville / |
| 7 |
| — |
| — |
| — |
| — |
| 9.4 |
| — |
| No |
| No |
| — |
| — |
| — |
Hazard Thunder Ridge / |
| 11 |
| — |
| — |
| — |
| — |
| 20.2 |
| — |
| No |
| No |
| — |
| 1 |
| 1 |
East Kentucky Sandlick |
| — |
| — |
| — |
| — |
| — |
| 0.4 |
| — |
| No |
| No |
| — |
| — |
| — |
East Kentucky Mt. Sterling |
| 12 |
| — |
| — |
| — |
| — |
| 9.1 |
| — |
| No |
| No |
| — |
| — |
| — |
East Kentucky Blackberry |
| — |
| — |
| — |
| — |
| — |
| 0.3 |
| — |
| No |
| No |
| — |
| — |
| — |
Powell Mt. Mayflower Plant / |
| 6 |
| — |
| — |
| — |
| — |
| 6.2 |
| — |
| No |
| No |
| 2 |
| 1 |
| 2 |
Powell Mt. Mine #1 / |
| 64 |
| 7 |
| 5 |
| — |
| — |
| 232.2 |
| — |
| No |
| No |
| 8 |
| 6 |
| 12 |
Powell Mt. Middle Splint / |
| 9 |
| — |
| — |
| — |
| — |
| 3.7 |
| — |
| No |
| No |
| — |
| — |
| — |
Knott County Raven #1 / |
| 50 |
| — |
| — |
| — |
| — |
| 79.8 |
| — |
| No |
| No |
| 1 |
| 2 |
| 4 |
Knott County Slone Branch / |
| 17 |
| — |
| — |
| — |
| — |
| 21.1 |
| — |
| No |
| No |
| — |
| — |
| — |
Knott County Raven Prep |
| 3 |
| — |
| — |
| — |
| — |
| 1.7 |
| — |
| No |
| No |
| — |
| — |
| — |
Knott County Lige Hollow / |
| 28 |
| — |
| — |
| — |
| — |
| 24.4 |
| — |
| No |
| No |
| 1 |
| — |
| 1 |
Knott County Kathleen / |
| 50 |
| 1 |
| 2 |
| — |
| — |
| 65.3 |
| — |
| No |
| No |
| 5 |
| 1 |
| 4 |
Knott County Supreme |
| 4 |
| — |
| — |
| — |
| — |
| 2.0 |
| — |
| No |
| No |
| — |
| — |
| — |
Knott County Classic Mine / |
| 65 |
| 2 |
| 9 |
| — |
| — |
| 303.8 |
| — |
| No |
| No |
| 10 |
| 3 |
| 13 |
Vindex Cabin Run / |
| 1 |
| — |
| — |
| — |
| — |
| 0.4 |
| — |
| No |
| No |
| — |
| — |
| — |
Vindex Frostburg Blend Yard / |
| — |
| — |
| — |
| — |
| — |
| 5.3 |
| — |
| No |
| No |
| 2 |
| 2 |
| — |
Vindex Douglas / |
| 2 |
| — |
| — |
| — |
| — |
| 1.1 |
| — |
| No |
| No |
| — |
| — |
| — |
Vindex Carlos Surface / |
| 4 |
| — |
| — |
| — |
| — |
| 9.7 |
| — |
| No |
| No |
| 3 |
| 3 |
| — |
Vindex Bismarck / |
| 17 |
| — |
| 1 |
| — |
| — |
| 15.4 |
| — |
| No |
| No |
| 1 |
| — |
| 3 |
Vindex Dobbin Ridge Prep |
| 13 |
| — |
| — |
| — |
| — |
| 6.7 |
| — |
| No |
| No |
| — |
| — |
| — |
Vindex Energy / |
| 3 |
| — |
| — |
| — |
| — |
| 1.0 |
| — |
| No |
| No |
| — |
| — |
| 1 |
Skyline Mine #3 / |
| 22 |
| 1 |
| — |
| — |
| — |
| 75.1 |
| — |
| No |
| No |
| 1 |
| 3 |
| 1 |
Sufco / |
| 18 |
| — |
| — |
| — |
| — |
| 39.7 |
| — |
| No |
| No |
| 4 |
| 12 |
| 4 |
Dugout Canyon Mine / |
| 14 |
| — |
| 1 |
| — |
| 1 |
| 68.0 |
| — |
| No |
| No |
| 10 |
| 6 |
| 10 |
Dugout Castle Valley Prep |
| — |
| — |
| — |
| — |
| — |
| 0.2 |
| — |
| No |
| No |
| — |
| — |
| — |
Cumberland River Pardee |
| 11 |
| — |
| — |
| — |
| — |
| 2.0 |
| — |
| No |
| No |
| — |
| 1 |
| — |
Cumberland River Band Mill |
| 10 |
| — |
| — |
| — |
| — |
| 32.1 |
| — |
| No |
| No |
| 1 |
| — |
| 1 |
Cumberland River Pine |
| 53 |
| — |
| — |
| — |
| — |
| 94.0 |
| — |
| No |
| No |
| 2 |
| 3 |
| — |
Cumberland River Blue Ridge |
| 4 |
| — |
| 2 |
| — |
| — |
| 7.7 |
| — |
| No |
| No |
| — |
| — |
| 1 |
Cumberland River Band |
| 22 |
| — |
| — |
| — |
| — |
| 70.2 |
| — |
| No |
| No |
| 3 |
| 2 |
| 4 |
Cumberland River Trace |
| 8 |
| — |
| — |
| — |
| — |
| 4.2 |
| — |
| No |
| No |
| — |
| — |
| — |
Cumberland River Blue |
| 2 |
| — |
| — |
| — |
| — |
| 20.8 |
| — |
| No |
| No |
| 1 |
| 1 |
| 3 |
Beckley Eccles Refuse Area / |
| 2 |
| — |
| — |
| — |
| — |
| 0.3 |
| — |
| No |
| No |
| — |
| — |
| — |
Beckley Pocahontas Mine / |
| 179 |
| 4 |
| — |
| — |
| — |
| 462.1 |
| — |
| No |
| No |
| 20 |
| 4 |
| 21 |
Beckley Pocahontas Plant / |
| 1 |
| — |
| — |
| — |
| — |
| 0.7 |
| — |
| No |
| No |
| 1 |
| — |
| 1 |
Wolf Run Sawmill Run Prep |
| 12 |
| — |
| — |
| — |
| — |
| 7.5 |
| — |
| No |
| No |
| 2 |
| — |
| 2 |
Wolf Run Imperial Mine / |
| 63 |
| — |
| — |
| — |
| — |
| 312.6 |
| — |
| No |
| No |
| 16 |
| 7 |
| 17 |
Upshur Complex / |
| 2 |
| — |
| — |
| — |
| — |
| 5.0 |
| — |
| No |
| No |
| — |
| — |
| — |
Patriot Mining Company / |
| 1 |
| — |
| — |
| — |
| — |
| 0.2 |
| — |
| No |
| No |
| — |
| — |
| — |
Patriot Rail & River Terminal / |
| — |
| — |
| — |
| — |
| — |
| 0.3 |
| — |
| No |
| No |
| — |
| — |
| — |
Eastern Birch River Mine / |
| 2 |
| — |
| — |
| — |
| — |
| 3.9 |
| — |
| No |
| No |
| — |
| — |
| — |
Eastern Bearpen Surface |
| — |
| — |
| — |
| — |
| — |
| 1.0 |
| — |
| No |
| No |
| — |
| — |
| — |
Eastern Left Fork #1 / |
| 3 |
| — |
| — |
| — |
| — |
| 1.8 |
| — |
| No |
| No |
| — |
| — |
| — |
Eastern Birch River Plant / |
| — |
| — |
| — |
| — |
| — |
| 0.8 |
| — |
| No |
| No |
| — |
| — |
| — |
Coal Mac Holden #22 Prep |
| 7 |
| — |
| — |
| — |
| — |
| 2.2 |
| — |
| No |
| No |
| — |
| — |
| — |
Coal Mac Ragland Loadout / |
| 1 |
| — |
| — |
| — |
| — |
| 0.6 |
| — |
| No |
| No |
| — |
| — |
| — |
Coal Mac Holden #22 |
| 12 |
| — |
| — |
| — |
| — |
| 16.1 |
| — |
| No |
| No |
| — |
| — |
| — |
Sentinel Mine / |
| 166 |
| 2 |
| — |
| — |
| — |
| 1,272.1 |
| — |
| No |
| No |
| 15 |
| 12 |
| 16 |
Sentinel Prep Plant / |
| 8 |
| — |
| 1 |
| — |
| — |
| 4.0 |
| — |
| No |
| No |
| 1 |
| — |
| 1 |
Mingo Logan Mountaineer II / |
| 165 |
| 1 |
| 7 |
| — |
| — |
| 412.0 |
| 1 |
| No |
| No |
| 32 |
| 6 |
| 29 |
Mingo Logan Cardinal Prep |
| 4 |
| — |
| — |
| — |
| — |
| 1.1 |
| — |
| No |
| No |
| — |
| — |
| — |
Tygart #1 Mine / |
| 2 |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| — |
| — |
Arch of Wyoming Seminoe II / |
| 4 |
| — |
| — |
| — |
| — |
| 2.0 |
| — |
| No |
| No |
| — |
| — |
| — |
Arch of Wyoming Elk |
| 1 |
| — |
| — |
| — |
| — |
| 0.5 |
| — |
| No |
| No |
| — |
| — |
| — |
Black Thunder / |
| 23 |
| — |
| 1 |
| — |
| — |
| 48.8 |
| — |
| No |
| No |
| 2 |
| 3 |
| 3 |
Coal Creek / |
| 2 |
| — |
| — |
| — |
| — |
| 8.7 |
| — |
| No |
| No |
| — |
| — |
| — |
West Elk Mine / |
| 46 |
| — |
| — |
| — |
| — |
| 234.3 |
| — |
| No |
| No |
| 13 |
| 7 |
| 31 |
Viper Mine / |
| 96 |
| 2 |
| 2 |
| — |
| — |
| 535.1 |
| — |
| No |
| No |
| 21 |
| 10 |
| 24 |
Inactive Operations | ||||||||||||||||||||||||
ADDCAR 16 HWM / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| 2 |
| — |
| 2 |
Flint Ridge Mine #1 / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| 2 |
| 2 |
Hazard First Creek / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| — |
| 2 |
Knott County Calvary / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| 5 |
| 1 |
Knott County Clean Energy / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| — |
| 1 |
Knott County Raven #2 / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| 1 |
| — |
Knott County Apollo / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| — |
| 1 |
Cumberland River Parson #1 / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| 1 |
| — |
Wolf Run Sago / |
| — |
| — |
| — |
| — |
| — |
| — |
| — |
| No |
| No |
| — |
| — |
| 1 |
(1) See table below for additional details regarding Legal Actions Pending as of December 31, 2011.
Mine or Operating Name/MSHA |
| Contests of |
| Contests of |
| Complaints for |
| Complaints of |
| Applications for |
| Appeals of Judges’ |
ADDCAR 20 HWM / 12-02416 |
| — |
| 1 |
| — |
| — |
| — |
| — |
ADDCAR 11 HWM / 46-08799 |
| — |
| 1 |
| — |
| — |
| — |
| — |
ADDCAR 16 HWM / 12-02356 |
| — |
| 2 |
| — |
| — |
| — |
| — |
Lone Mountain Clover Fork / |
| 2 |
| 3 |
| — |
| — |
| — |
| 3 |
Flint Ridge Mine #2 / 15-18991 |
| — |
| 23 |
| — |
| — |
| — |
| — |
Flint Ridge Mine #1 / 15-18850 |
| — |
| 2 |
| — |
| — |
| — |
| — |
Knott County Kathleen / 15-19447 |
| — |
| 4 |
| — |
| — |
| — |
| — |
Hazard Kentucky River Loading / |
| — |
| 1 |
| — |
| — |
| — |
| — |
Hazard Thunder Ridge / 15-17746 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Hazard First Creek / 15-19281 |
| — |
| 2 |
| — |
| — |
| — |
| — |
Powell Mt. Mayflower Plant / |
| — |
| 2 |
| — |
| — |
| — |
| — |
Powell Mt. Mine #1 / 15-18734 |
| — |
| 12 |
| — |
| — |
| — |
| — |
Knott County Raven #1 / 15-18949 |
| — |
| 4 |
| — |
| — |
| — |
| — |
Knott County Lige Hollow / |
| — |
| 1 |
| — |
| — |
| — |
| — |
Knott County Classic Mine / |
| — |
| 13 |
| — |
| — |
| — |
| — |
Knott County Calvary / 15-17110 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Knott County Clean Energy / |
| — |
| 1 |
| — |
| — |
| — |
| — |
Knott County Apollo / 15-19240 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Vindex Bismarck / 46-09369 |
| 3 |
| 1 |
| — |
| — |
| — |
| — |
Vindex Energy / 46-02151 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Skyline Mine #3 / 42-01566 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Sufco / 42-00089 |
| — |
| 4 |
| — |
| — |
| — |
| — |
Dugout Canyon Mine / 42-01890 |
| 2 |
| 8 |
| — |
| — |
| — |
| — |
Cumberland River Band Mill Mine / |
| — |
| 1 |
| — |
| — |
| — |
| — |
Cumberland River Blue Ridge Surface / 15-18769 |
| — |
| 1 |
| — |
| — |
| — |
| — |
Cumberland River Band Mill #2 / |
| — |
| — |
| — |
| 4 |
| — |
| — |
Cumberland River Blue Ridge #1 / |
| — |
| 3 |
| — |
| — |
| — |
| — |
Beckley Pocahontas Mine / |
| — |
| 21 |
| — |
| — |
| — |
| — |
Beckley Pocahontas Plant / |
| — |
| 1 |
| — |
| — |
| — |
| — |
Wolf Run Sawmill Run Prep Plant / 46-05544 |
| — |
| 2 |
| — |
| — |
| — |
| — |
Wolf Run Imperial Mine / |
| — |
| 17 |
| — |
| — |
| — |
| — |
Sentinel Mine / 46-04168 |
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| 16 |
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| — |
| 1 |
Sentinel Prep Plant / 46-08777 |
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| 1 |
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Wolf Run Sago / 46-08071 |
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| 1 |
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| — |
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Mingo Logan Mountaineer II / |
| 1 |
| 28 |
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| — |
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Black Thunder / 48-00977 |
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| 3 |
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| — |
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West Elk Mine / 05-03672 |
| 4 |
| 27 |
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| — |
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Viper Mine / 11-02664 |
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| 24 |
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| — |
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