EX-95.1 25 ex951.htm EX-95.1 ex951
 
 
EXHIBIT 95.1
Mine Safety Disclosures
Safety
 
is
 
the
 
cornerstone
 
of
 
our
 
values
 
and
 
is
 
the
 
number
 
one
 
priority
 
for
 
all
 
employees
 
at
 
Coronado
 
Global
Resources.
 
Our
 
mining
 
operation
 
at
 
Curragh,
 
located
 
in
 
Australia,
 
is subject
 
to
 
regulation
 
by the
 
Queensland
Department of Natural
 
Resources, Mine
 
and Energy,
 
or DNRME, under
 
the Coal
 
Mining Safety and
 
Health Act
1999 (Qld). 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 U.S.
 
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
 
year ended
December 31, 2021, for each
 
of our U.S. 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 year
 
ended December
 
31,
2021.
 
The
 
table
 
only
 
includes
 
those
 
U.S.
 
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 year
 
ended December
 
31, 2021
 
were retrieved
 
from
the MSHA Data Retrieval System, or MSHA DRS, as
 
of January 4, 2022.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(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
37
83.1
4609319
Lower War Eagle
34
55.7
4609563
Eagle No. 1 Mine
43
92.7
4609217
Powellton #1 Mine
40
149.3
4609172
Mountaineer
 
Poca.
No. 1 Mine
0.8
4609175
Mountaineer
Pocahontas Load Out
0.1
4602140
Saunders Prep Plant
9
7.8
4604315
Elk Lick Tipple
0.3
4609564
Elk Lick Surface
3
1.0
4609084
Laurel Fork Mine
1
0.8
4609101
Toney
 
Fork
 
Surface
Mine
2
2.9
4609514
Muddy Bridge
30
24.8
4609292
Buck Lilly Surface
0.1
Total:
199
419.4
(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 year or are subject to pending
 
legal actions.
(3)
 
During the year ended
 
December 31, 2021,
 
none of the
 
Company’s mines ha
 
ve 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 U.S. mines as of December 31, 2021, together with the number of legal
actions initiated and the number of legal actions resolved
 
during the year ended December 31, 2021.
 
 
 
 
 
 
 
 
 
 
 
 
 
Legal Actions Pending as of Last Day
 
of the Year (December 31, 2021) (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 the
Year
Legal Actions
Resolved
During the
Year
4404856
Buchanan
Mine #1
2
2
3
4609563
Eagle
 
No.
 
1
Mine
4
1
8
6
4609319
Lower
 
War
Eagle
7
8
4609175
Mountaineer
Pocahontas
No. 1
1
1
4609101
Muddy
Bridge
1
2
1
4609217
Powellton
#1 Mine
1
7
9
4602140
Saunders
Prep Plant
2
Total:
8
1
27
30
(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 also listed.