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EX-32.2 - EXHIBIT 32.2 - CONSOL Energy Inc.ex_239511.htm
EX-32.1 - EXHIBIT 32.1 - CONSOL Energy Inc.ex_239510.htm
EX-31.2 - EXHIBIT 31.2 - CONSOL Energy Inc.ex_239509.htm
EX-31.1 - EXHIBIT 31.1 - CONSOL Energy Inc.ex_239508.htm
EX-10.3 - EXHIBIT 10.3 - CONSOL Energy Inc.ex_243628.htm
EX-10.2 - EXHIBIT 10.2 - CONSOL Energy Inc.ex_243623.htm
10-Q - FORM 10-Q - CONSOL Energy Inc.ceix20210331_10q.htm

Exhibit 95

 

Mine Safety and Health Administration Safety Data

 

We believe that CONSOL Energy is one of the safest mining companies in the world. The Company has in place health and safety programs that include extensive employee training, accident prevention, workplace inspection, emergency response, accident investigation, regulatory compliance and program auditing. The objectives of our health and safety programs are to eliminate workplace incidents, comply with all mining-related regulations and provide support for both regulators and the industry to improve mine safety.

 

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 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 table below sets forth for the three months ended March 31, 2021, for each coal mine of CONSOL Energy 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) the total number of orders issued under section 104(b) of the Mine Act; (iii) the total number of 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) the total number of flagrant violations under section 110(b)(2) of the Mine Act; (v) the total number of imminent danger orders issued under section 107(a) of the Mine Act; (vi) the total dollar value of proposed assessments from MSHA (regardless of whether CONSOL Energy has challenged or appealed the assessment); (vii) the total number of 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 (FMSHRC) (as of March 31, 2021) 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.

 

 

 

                     

Section

               

Total Dollar Value of

   

Total Number

 

Received Notice of Pattern of

 

Received Notice of Potential to have

 

Legal Actions Pending

   

Legal

   

Legal

 
         

Section

         

104(d)

               

MSHA

   

of

 

Violations

 

Pattern

 

as of

   

Actions

   

Actions

 

Mine or Operating

    104    

Section

   

Citations

   

Section

   

Section

   

Assessments

   

Mining

 

Under

 

Under

 

Last

   

Initiated

   

Resolved

 

Name/MSHA

   

S&S

   

104(b)

   

and

   

110(b)(2)

   

107(a)

   

Proposed

   

Related

 

Section

 

Section

 

Day of

   

During

   

During

 

Identification Number

   

Citations

   

Orders

   

Orders

   

Violations

   

Orders

   

(In Dollars)

   

Fatalities

 

104(e)

 

104(e)

 

Period (1)

   

Period

   

Period

 

Active Operations

                                                                       

Bailey

  36-07230    

16

        3             36,922      

No

 

No

  8     3     5  

Enlow Fork

  36-07416    

13

                    17,082      

No

 

No

  10     3     4  

Harvey

  36-10045     3                     4,678      

No

 

No

  3          
Itmann   46-09569     3                     2,604       No   No   1     1      
          35         3             61,286               22     7     9  

 

(1) See table below for additional detail regarding Legal Actions Pending as of March 31, 2021. With respect to Contests of Proposed Penalties, we have included the number of dockets (as opposed to citations) when counting the number of Legal Actions Pending as of March 31, 2021.

 

 

   

Contests of Citations, Orders
(as of 3.31.21)

   

Contests of Proposed Penalties
(as of 3.31.21)
(b)

   

Complaints for Compensation
(as of 3.31.21)

   

Complaints of Discharge, Discrimination or Interference
(as of 3.31.21)

   

Applications for Temporary Relief
(as of 3.31.21)

   

Appeals of Judges' Decisions or Order
(as of 3.31.21)

 
Mine or Operating Name/MSHA Identification Number     (a)    

Dockets

   

Citations

    (c)      (d)       (e)      (f)  

Active Operations

                                               

Bailey

  36-07230         8     37                  

Enlow Fork

  36-07416         10     61                 1  

Harvey

  36-10045         3     8                 2  
Itmann   46-09569         1     1                  
              22     107                 3  

 

(a) Represents (if any) contests of citations and orders, which typically are filed prior to an operator's receipt of a proposed penalty assessment from MSHA or relate to orders for which penalties are not assessed (such as imminent danger orders under Section 107 of the Mine Act). This category includes: (i) contests of citations or orders issued under section 104 of the Mine Act, (ii) contests of imminent danger withdrawal orders under section 107 of the Mine Act, and (iii) Emergency response plan dispute proceedings (as required under the Mine Improvement and New Emergency Response Act of 2006, Pub. L. No. 109-236, 120 Stat. 493).

 

(b) Represents (if any) contests of proposed penalty assessments, which are administrative proceedings before the FMSHRC challenging a civil penalty that MSHA has proposed for the violation contained in a citation or order. 

 

 

 

(c) Represents (if any) complaints for compensation, which are cases under section 111 of the Mine Act that may be filed with the FMSHRC by miners idled by a closure order issued by MSHA who are entitled to compensation.

 

(d) Represents (if any) complaints of discharge, discrimination or interference under section 105 of the Mine Act, which cover: (i) discrimination proceedings involving a miner's allegation that he or she has suffered adverse employment action because he or she engaged in activity protected under the Mine Act, such as making a safety complaint, and (ii) temporary reinstatement proceedings involving cases in which a miner has filed a complaint with MSHA stating that he or she has suffered such discrimination and has lost his or her position. Complaints of Discharge, Discrimination, or Interference are also included in Contests of Proposed Penalties, Column B.

 

(e) Represents (if any) applications for temporary relief, which are applications under section 105(b)(2) of the Mine Act for temporary relief from any modification or termination of any order or from any order issued under section 104 of the Mine Act (other than citations issued under section 104(a) or (f) of the Mine Act).

 

(f) Represents (if any) appeals of judges' decisions or orders to the FMSHRC, including petitions for discretionary review and review by the FMSHRC on its own motion.