EX-95.1 8 pcx-ex951_2012930.htm MINE SAFETY DISCLOSURES PCX-EX95.1_2012.9.30


EXHIBIT 95.1

Mine Safety Information

On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) was enacted. Section 1503 of the Act contains new reporting requirements regarding coal or other mine safety.
Patriot is committed to providing a safe workplace for all of our employees. We continue to engage proactively with federal and state agencies in support of measures which can legitimately improve the safety and well-being of our employees.
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 (the Mine Act). MSHA inspects our mines on a regular basis and issues various citations and orders when it believes a violation has occurred under the Mine Act. We present information below regarding certain mining safety and health citations which MSHA has issued with respect to our coal mining operations. In evaluating this information, consideration should be given to factors such as: (i) the number of citations and orders will vary depending on the size of the 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, may be reduced in severity and amount, and are sometimes dismissed.
The table below includes references to specific sections of the Mine Act. The information in the table reflects citations and orders issued to us by MSHA during the three months ended September 30, 2012, as reflected in our records. Due to timing and other factors, the data in our system may not agree with the data maintained by MSHA.
For the three months ended September 30, 2012, except for pending legal actions, which are as of September 30, 2012:
Mine or Operating Name
MSHA ID Number
Section 104 S&S Violations (A)
Section 104(b) Orders (B)
Section 104(d) Citations & Orders (C)
Section 110(b)(2) Violations (D)
Section 107(a) Orders (E)
Total Dollar Value of MSHA Assessments Proposed During the Reporting Period
(F)
Total Number of Mining Related Fatalities (G)
Received Notice of Pattern of Violations Under Section 104(e) (yes/no)
Received Notice of Potential to Have Pattern Under Section 104(e) (yes/no)
Legal Action Pending as of Last Day of Period* (H)
Legal Actions Initiated During Period*
Legal Actions Resolved During Period
American Eagle Mine
4605437
12
$
195,207

No
No
43
4
5
Beth Station No. 79 Prep. Plant
4605398

No
No
1
Big Mountain No. 16 Mine
4607908

No
No
46
4
Big Mountain Prep Plant
4603143

No
No
1
Black Oak Mine
4609152
15
9,942

No
No
17
2
2
Blue Creek No. 1 Mine
4609297
8
29,680

No
No
5
Blue Creek No. 2 Mine
4609296

No
No
1
Buffalo Creek Deep Mine
4609294

No
No
1
Camp #9 Prep Plant
1511012
2
9,182

No
No
2
Campbell's Creek No. 7 Mine
4609107
40,458

No
No
8
1
5
Campbell's Creek No. 10 Mine
4608637
24
6,716

No
No
1
1
Campbells Creek Surface Facilities
4608146

No
No
1
Coal Clean Prep. Plant
4608571

No
No
1
Coalburg No 1 Mine
4608993
1
7,594

No
No
18
1
Coalburg No. 2 Mine
4609231
100

No
No
13
Coon Hollow Tunnel
4609099
100

No
No
Deskins Mine
4608936

No
No
1
Dodge Hill No. 1 Mine
1518335
21
1
25,165

No
No
7
Eagle Mine
4608759
6
1
57,698

No
No
36
2





Europa Mine
4608798

No
No
1
2
Fanco Prep. Plant
4601368
2

No
No
1
Farley Eagle Mine
4601537
11
845

No
No
2
2
Federal #2 Prep Plant
4601456
2,436

No
No
Federal No. 2 Mine
4601456
39
2
151,548

No
No
45
6
4
Five Mile Prep Plt & Refuse Impoundment
4609226

No
No
Freedom Underground Mine
1517587
2
13,025

No
No
29
1
Gateway Eagle Mine
4606618
2
100

No
No
10
1
2
Grand Eagle Prep Plant
1519011
700

No
No
1
1
Guyan
4608939
2
1,203

No
No
10
Harris No. 1
4601271
1
2,207

No
No
6
22
Harris Prep. Plant
4603135
100

No
No
1
Highland 9 Mine
1502709
40
134,814

No
No
51
1
8
Hill Fork Surface Mine
4609309

No
No
Hobet 21 Surface Mine
4604670
1

No
No
Patriot Surface
1516231
10
200

No
No
2
1
Peerless Rachel Mine
4609258
19
10,692

No
No
3
2
Rivers Edge Mine
4608890

No
No
10
Rocklick Prep Plant
4606448
2
200

No
No
1
Samples
4607178
2,189

No
No
2
2
South Hollow Plant - Emerald Processing
4603085
808

No
No
1
Stockburg No. 2
4608635

No
No
3
1
Sugar Maple Mine
4609073
6
3,935

No
No
3
1
Tom's Fork Loadout
4608465
4,240

No
No
1
Wells Prep. Plant
4605295
308

No
No
Wharton No 1 Tunnel
4605071
176

No
No
Winchester Mine
4609230
16
6
18,239

No
No
26
2
1
Total
 
242
9
1
$
729,807

 
 
411
32
56

(A) The total number of 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 the Mine Safety and Health Administration
(B) The total number of orders issued under section 104(b) of the Mine Act
(C) 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
(D) The total number of flagrant violations under section 110(b)(2) of the Mine Act
(E) The total number of imminent danger orders issued under section 107(a) of the Mine Act
(F) The total dollar value of proposed assessments from the Mine Safety and Health Administration under the Mine Act





(G) The total number of mining-related fatalities
(H) Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine
* In 2011 and 2012, the Department of Labor processed contested citations from previous years, which caused an increase in pending legal actions.
Type of Action Pending as of Last Day of Reporting Period
 
Penalty Contest
Pre-penalty Contest of Citations and Orders
Discrimination / Discharge
Complaint for Compensation
Application for Temporary Relief
Appeals of ALJ Decisions**
American Eagle Mine
43
Beth Station No. 79 Prep. Plant
1
Big Mountain No. 16 Mine
41
5
1
Big Mountain Prep Plant
1
Black Oak Mine
17
Blue Creek No. 1 Mine
5
Blue Creek No. 2 Mine
1
Buffalo Creek Deep Mine
1
Camp #9 Prep Plant
2
Campbell's Creek No. 7 Mine
8
Campbell's Creek No. 10 Mine
1
Campbells Creek Surface Facilities
1
Coal Clean Prep. Plant
1
Coalburg No 1 Mine
18
Coalburg No. 2 Mine
13
Coon Hollow Tunnel
Deskins Mine
Dodge Hill No. 1 Mine
7
Eagle Mine
35
1
Europa Mine
1
Fanco Prep. Plant
1
Farley Eagle Mine
2
Federal #2 Prep Plant
Federal No. 2 Mine
37
5
3
Five Mile Prep Plt & Refuse Impoundment
Freedom Underground Mine
21
7
1
Gateway Eagle Mine
10
Grand Eagle Prep Plant
1
Guyan
7
3
Harris No. 1
6
Harris Prep. Plant
1
Highland 9 Mine
40
7
4
3
Hill Fork Surface Mine
Hobet 21 Surface Mine
Patriot Surface
2
Peerless Rachel Mine
3
Rivers Edge Mine
8
2
Rocklick Prep Plant
1
Samples
2





South Hollow Plant - Emerald Processing
1
Stockburg No. 2
3
Sugar Maple Mine
3
Tom's Fork Loadout
1
Wells Prep. Plant
Wharton No 1 Tunnel
Winchester Mine
26
Total
373
30
8
4

** As of September 30, 2012, three pending legal actions were on appeal to the Federal Mine Safety and Health Review Commission, and one pending legal action was on appeal to the United States Court of Appeals for the District of Columbia Circuit.