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.
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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 | | 7 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Coal Creek Prep Plant (VA) 44-05236 | | 8 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Elk Creek Prep Plant 46-02444 | | 1 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Stonecoal Branch Mine No. 2 46-08663 | | 14 | | 0 | | 2 | | 0 | | 0 | | $ | 0 | |
Ram Surface Mine No. 1 46-09537 | | 0 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Highwall Miner No. 1 46-09219 | | 0 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Berwind Deep Mine 46-09533 | | 7 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
No. 2 Gas Deep Mine 46-09541 | | 7 | | 0 | | 0 | | 0 | | 0 | | $ | 0 | |
Tiller No.1 44-06804 | | 0 | | 0 | | 0 | | 0 | | 0 | | $ | 0 |
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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 | | 0 | | No | | 18 | | 0 | | 18 | |
Coal Creek Prep Plant (VA) 44-05236 | | 0 | | No | | 0 | | 0 | | 0 | |
Elk Creek Prep Plant 46-02444 | | 0 | | No | | 0 | | 0 | | 0 | |
Stonecoal Branch Mine No. 2 46-08663 | | 0 | | No | | 31 | | 13 | | 17 | |
Ram Surface Mine No. 1 46-09537 | | 0 | | No | | 0 | | 0 | | 0 | |
Highwall Miner No. 1 46-09219 | | 0 | | No | | 0 | | 0 | | 0 | |
Berwind Deep Mine 46-09533 | | 0 | | No | | 11 | | 7 | | 7 | |
No. 2 Gas 46-09541 | | 0 | | No | | 8 | | 8 | | 0 | |
Tiller No.1 44-06804 | | 0 | | No | | 0 | | 0 | | 0 |