EX-95.1 6 ex951.htm EX-95.1 ex951
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table
 
of Contents
 
Coronado Global Resources Inc.
 
Form 10-Q March 31, 2023
 
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.
 
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 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 March 31,
 
2023, 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 quarter ended
 
March 31, 2023.
 
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 quarter ended March 31,
 
2023, were retrieved from the MSHA Data Retrieval System, or
 
MSHA DRS, as of April 3, 2023.
(A)
(B)
(C)
(D)
(E)
(F)
(G)
MSHA Mine
ID No.
Mine Name (1)(2)(3)
Section
104
S&S
Citations
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
($ Thousands)
Total Number of
Mining Related
Fatalities
4404856
Buchanan Mine #1
26
1
4
$40.4
4609172
Mountaineer Pocahontas No.1
Mine
$0.1
4602140
Saunders Prep Plant
4
4609217
Powellton #1 Mine
2
4609319
Lower War Eagle
9
$31.6
4609563
Eagle No. 1 Mine
7
$4.8
4604315
Elk Lick Tipple
1
4609583
North Fork Winifrede Deep Mine
5
$6.3
4609101
Toney
 
Fork Surface Mine
4609514
Muddy Bridge
8
$12.0
4609564
Elklick Surface Mine
7
1
$1.7
Total:
69
1
1
$96.9
 
 
Table
 
of Contents
 
Coronado Global Resources Inc.
 
Form 10-Q March 31, 2023
 
2
(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
 
March 31, 2023, 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.
(4) This 107(a) imminent danger order,
 
issued on March 28, 2023, was subsequently vacated
 
on March 31,2023.
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 March 31, 2023, together with the number of legal actions
 
initiated and the number of legal actions resolved during the
 
quarter ended March 31, 2023.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table
 
of Contents
 
Coronado Global Resources Inc.
 
Form 10-Q March 31, 2023
 
3
Legal Actions Pending as of Last Day
 
of Quarter (March 31, 2023)
 
(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) (2)
Legal Actions
Initiated
During Quarter
Legal Actions
Resolved
During Quarter
4404856
Buchanan Mine
3
2
4609563
Eagle No. 1 Mine
4
1
2
2
4609564
Elklick Surface Mine
1
4609514
Muddy Bridge
5
1
3
2
4609319
Lower War Eagle
4609217
Powellton #1 Mine
1
1
2
4609560
North Fork Surface Mine
4609583
North Fork Winifrede
Deep Mine
1
1
4602140
Saunders Preparation
Plant
1
Total:
19
2
12
7
(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
 
.
(2)
 
Appeal of Administrative Law Judge’s order
 
denying motions for settlement approval in WEVA
 
2021-0294 and WEVA
 
2022-0403.
(3)
 
One of the legal actions pending, WEVA
 
2023-0191, is a Motion to Reopen case.