EX-95.1 10 ex951.htm EX-95.1 ex951
 
 
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
 
year ended
December 31, 2022, 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,
2022.
 
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, 2022, were
 
retrieved from
the MSHA Data Retrieval System, or MSHA DRS, as
 
of January 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
($ in thousands)
Total Number of
Mining Related
Fatalities
4404856
Buchanan Mine #1
74
$ 134.6
4609292
Buck Lilly Surface Mine
0.1
4602140
Saunders Prep Plant
13
2
11.8
4609217
Powellton #1 Mine
10
22.0
4609246
Kuhn Ridge
0.3
4609319
Lower War Eagle
30
71.5
4609563
Eagle No. 1 Mine
25
64.3
4609583
North Fork Winifrede Deep Mine
8
0.7
4609101
Toney
 
Fork Surface Mine
2
3.3
4609514
Muddy Bridge
39
93.6
4604315
Elk Lick Tipple
0.7
4609560
North Fork Surface Mine
2
2.7
4609172
Mountaineer Pocahontas No.1
1.1
4609564
Elklick Surface Mine
5
1
4.4
Total:
208
3
$ 411.1
(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 year
 
ended December 31,
 
2022, 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 U.S. mines as
of December 31, 2022, together with the number of legal
 
actions initiated and the number of legal actions resolved
 
during the year ended December 31, 2022.
Legal Actions Pending as of Last Day
 
of the Year (December 31, 2022) (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
1
4
5
4609563
Eagle No. 1 Mine
4
1
11
11
4609514
Muddy Bridge
4
1
8
5
4609319
Lower War Eagle
1
3
2
4609217
Powellton #1 Mine
2
5
4
4609560
North Fork Surface Mine
1
1
4609564
Elklick Surface Mine
1
1
4602140
Saunders Prep Plant
1
4
3
Total:
14
2
37
31
(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)
 
Secretary of Labor’s appeals of Administrative Law Judge’s orders
 
denying motion for settlement approval in WEVA
 
2021-0294 and WEVA
 
2022-0403.