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April 8, 2011

Civil Penalties Special Report
Delinquent Penalties Are A Chronic Problem for MSHA and Treasury

See the Full Report (PDF) | See the Data

A one day "snapshot" of civil penalty cases pending before MSHA shows that some of the leading coal and metal/nonmetal mining companies in the U.S. have a tough time paying penalties ontime, according to MSHA data records obtained by Mine Safety and Health News.

While the large companies have significant delinquent penalties, what is equally troublesome are the smaller operators and contractors who have proportionally worse records in terms of paying fines.

The one day "snapshot" shows $55 million in unpaid, delinquent penalties on Feb. 25, 2011. These are penalties that were not "on hold." On hold means the government is not collecting the delinquent penalty for various reasons including: pending bankruptcy, an unopposed motion to reopen a case with the FMSHRC, a payment might be in dispute, or the payments are part of a payment plan.

On Feb. 25, leading coal mine controllers had penalty cases at their subsidiary companies totaling $38.6 million. Of this amount, $7.5 million was owed by subsidiaries of the top 16 controlling corporate entities. The leading 14 metal and nonmetal controlling-entity subsidiaries owed $1.8 million of the $11.9 million of delinquent metal/nonmetal penalties.

The amount of penalties owed by operators changes daily as payments are updated by MSHA. This one day "snapshot" would not reflect the most recent payments or delinquencies. However, the "snapshot" does show a pattern of delinquent payments for some of the biggest companies operating in the U.S.

See the Full Report (PDF) | See the Data

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Civil Penalties Special Report
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