EX-95.1 5 a19-12612_1ex95d1.htm EX-95.1

Exhibit 95.1

 

Mine Safety Disclosures

 

Safety is the cornerstone of our Company’s values and is the number one priority for all employees at Coronado Global Resources. The operation of our mines located in the United States is subject to regulation by the Mine Safety and Health Administration, or MSHA, under the Federal Mine Safety and Health Act of 1977, or the Mine Act. MSHA inspects these 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 that MSHA has issued with respect to our 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 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. Since MSHA is a branch of the U.S. Department of Labor, its jurisdiction only applies to our operations in the United States.  As such, the mine safety disclosures included herein do not contain information related to our Australian mines.

 

Under the Dodd-Frank Act, each operator of a coal or other mine is required to include certain mine safety results within its periodic reports filed with the Securities and Exchange Commission, or the SEC. As required by the reporting requirements included in §1503(a) of the Dodd-Frank Act and Item 104 of Regulation S-K (17 CFR 229.104), we present the following items regarding certain mining safety and health matters, for the quarter ended June 30, 2019, for each of our mine locations that are covered under the scope of the Dodd-Frank Act.

 

The table that follows reflects citations and orders issued to us by MSHA during the quarter ended June 30, 2019.  The table only includes those mines that were issued orders or citations during this period, and commensurate with SEC regulations, does not reflect orders or citations issued to independent contractors working at our mines.  The proposed assessments for the quarter ended June 30, 2019 were retrieved from the MSHA Data Retrieval System, or MSHA DRS, as of July 8, 2019.

 

 

 

 

 

(A)

 

(B)

 

(C)

 

(D)

 

(E)

 

(F)

 

(G)

 

MSHA Mine
ID No.

 

Mine Name (1)(2)

 

Section
104
S&S
Citations
(3)

 

Section
104(b)
Orders

 

Section 104(d)
Citations and
Orders

 

Section 110(b)(2)
Violations

 

Section
107(a)
Orders

 

Total Dollar Value of
MSHA Assessments
Proposed
($ in thousands)

 

Total Number of
Mining Related
Fatalities

 

4404856

 

Buchanan Mine #1

 

17

 

 

 

 

 

$16.3

 

 

4609125

 

Mountaineer Pocahontas No. 1 Prep Plant

 

 

 

 

 

 

 

 

4609172

 

Mountaineer Pocahontas No. 1 Mine

 

2

 

 

 

 

 

1.1

 

 

4609175

 

Mountaineer Pocahontas No. 1 Load-Out

 

 

 

 

 

 

 

 

4602140

 

Saunders Preparation Plant

 

1

 

 

 

 

 

 

 

4604315

 

Elk Lick Tipple

 

 

 

 

 

 

 

 

4609101

 

Toney Fork Surface Mine

 

2

 

 

 

 

 

 

 

4609217

 

Powellton #1 Mine

 

8

 

 

1

 

 

 

18.8

 

 

4609246

 

Kuhn Ridge

 

 

 

 

 

 

0.1

 

 

4609319

 

Lower War Eagle

 

21

 

 

 

 

 

28.6

 

 

4609560

 

North Fork Surface Mine

 

 

 

 

 

 

 

 

4609563

 

Eagle No. 1 Mine

 

 

 

 

 

 

 

 

4609490

 

Pollock Knob Surface Mine (Temporarily Idled)

 

 

 

 

 

 

0.1

 

 

 

 

Total:

 

51

 

 

1

 

 

 

$65.0

 

 

 


(1)         The definition of “mine” under Section 3 of the Mine Act includes the mine, as well as other items used in, or to be used in, or resulting from, the work of extracting coal, such as land, structures, facilities, equipment, machines, tools and coal preparation facilities. Also, there are instances where the mine name per the MSHA system differs from the mine name utilized by us.

(2)         Idle facilities are not included in the table above unless they received a citation, order or assessment by MSHA during the current quarterly reporting period or are subject to pending legal actions.

(3)         During the quarter ended June 30, 2019, none of the Company’s mines have received written notice from MSHA of a pattern of violations or the potential to have such 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 standards under section 104(e) of the Mine Act.

 


 

References used in the table above are as follows:

 

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 (30 U.S.C. 814) for which the operator received a citation from MSHA.

 

B.            The total number of orders issued under section 104(b) of the Mine Act (30 U.S.C. 814(b)).

 

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 (30 U.S.C. 814(d)).

 

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 (30 U.S.C. 817(a)).

 

F.              The total dollar value of proposed assessments from MSHA under the Mine Act (30 U.S.C. 801 et seq.).

 

G.            The total number of mining-related fatalities.

 

The table below presents legal actions pending before the Federal Mine Safety and Health Review Commission, or FMSHRC, for each of the Company’s mines as of June 30, 2019, together with the number of legal actions initiated and the number of legal actions resolved during the quarter ended June 30, 2019.

 

 

 

 

 

Legal Actions Pending as of Last Day of Quarter (June 30, 2019) (1)

 

 

 

 

 

MSHA
Mine ID
No.

 

Mine Name

 

Contests of
Citations
and Orders
(Subpart B)

 

Contests of
Proposed
Penalties
(Subpart C)

 

Complaints for
Compensation
(Subpart D)

 

Complaints of
Discharge,
Discrimination
or Interference
(Subpart E)

 

Applications of
Temporary Relief
(Subpart F)

 

Appeals of Judges’
Decisions or
Orders
(Subpart H)

 

Legal Actions
Initiated
During Quarter

 

Legal Actions
Resolved
During Quarter

 

4404856

 

Buchanan Mine #1

 

 

7

 

 

 

 

 

6

 

4

 

4609101

 

Toney Fork Surface Mine

 

 

3

 

 

 

 

 

3

 

3

 

4609217

 

Powellton #1 Mine

 

 

5

 

 

 

 

 

4

 

4

 

4609319

 

Lower War Eagle

 

1

 

3

 

 

 

 

 

6

 

5

 

 

 

Total:

 

1

 

18

 

 

 

 

 

19

 

16

 

 


(1)         The legal actions pending shown in the table above have been categorized by type of proceeding with reference to the procedural rules established by the FMSHRC under 29 CFR Part 2700. Reference to the applicable Subparts under this Rule are listed in the columns above.