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SEC Filings

10-Q
ARCH COAL INC filed this Form 10-Q on 10/31/2017
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Exhibit

EXHIBIT 95

Mine Safety and Health Administration Safety Data

We believe that Arch Coal, Inc. (“Arch Coal”) is one of the safest coal mining companies in the world. Safety is a core value at Arch Coal and at our subsidiary operations. We have in place a comprehensive safety program that includes extensive health & safety training for all employees, site inspections, emergency response preparedness, crisis communications training, incident investigation, regulatory compliance training and process auditing, as well as an open dialogue between all levels of employees. The goals of our processes are to eliminate exposure to hazards in the workplace, ensure that we comply with all mine safety regulations, and support regulatory and industry efforts to improve the health and safety of our employees along with the industry as a whole.

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 (Mine Act). MSHA inspects our mines on a regular basis and issues various citations, orders and violations when it believes a violation has occurred under the Mine Act. We present information below regarding certain mining safety and health violations, orders and citations, issued by MSHA and related assessments and legal actions and mine-related fatalities with respect to our coal mining operations. In evaluating the above information regarding mine safety and health, investors should take into account factors such as: (i) the number of citations and orders will vary depending on the size of a 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 are often reduced in severity and amount, and are sometimes dismissed or vacated.

The table below sets forth for the three months ended September 30, 2017 for each active MSHA identification number of Arch Coal and its subsidiaries, the total number of: (i) 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 MSHA; (ii) orders issued under section 104(b) of the Mine Act; (iii) 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; (iv) flagrant violations under section 110(b)(2) of the Mine Act; (v) imminent danger orders issued under section 107(a) of the Mine Act; (vi) proposed assessments from MHSA (regardless of whether Arch Coal has challenged or appealed the assessment); (vii) mining-related fatalities; (viii) notices from MSHA of 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 hazards under section 104(e) of the Mine Act; (ix) notices from MSHA regarding the potential to have a pattern of violations as referenced in (viii) above; and (x) pending legal actions before the Federal Mine Safety and Health Review Commission (as of September 30, 2017) involving such coal or other mine, as well as the aggregate number of legal actions instituted and the aggregate number of legal actions resolved during the reporting period.


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Mine or Operating Name / MSHA Identification Number




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
(#)
Received Notice of Pattern of Violations Under Section 104(e)
(Yes/No)
Received Notice of Potential to Have Pattern of Violations Under Section 104(e)
(Yes/No)


Legal Actions Initiated During Period
(#)


Legal Actions Resolved During Period
(#)

Legal Actions Pending as of Last Day of Period(1)
(#)
Active Operations
*Lone Mountain Darby Fork /
15‑02263
2
1
5.5
No
No
*Lone Mountain Clover Fork /
15‑18647
6
1
13.1
No
No
1
1
*Lone Mountain Huff Creek /
15‑17234
9
1
1
39.8
No
No
3
*Lone Mountain 6C Mine /
44‑06782
0.1
No
No
*Lone Mountain Processing /
44‑05898
1.0
No
No
*Lone Mountain Processing / Mayflower Prep Plant /
44-05605
No
No
*Lone Mountain Days Creek /
15‑17971
No
No
*Powell Mt. Mine #1 /
15‑18734
No
No
*Powell Mt. Middle Splint /
44‑07207
No
No
Vindex Cabin Run /
18‑00133
No
No
Vindex Bismarck /
46‑09369
No
No
Vindex Jackson Mt. /
18-00170
No
No
Vindex Wolf Den Run /
18-00790
No
No
Vindex Energy /
Vindex / 46-02151
No
No
Vidnex Energy / Carlos Surface /
18-00769
No
No
Vindex Energy / Douglas Island /
18-00749
No
No

2



Vindex Energy / Dobbin Ridge
Prep Plant / 46-07837
No
No
*Cumberland River Pardee Plant /
44‑05014
No
No
*Cumberland River
Band Mill Mine / 44‑06816
No
No
*Cumberland River Pine Branch #1 /
44‑07224
No
No
*Cumberland River Trace Fork #1 /
15‑19533
No
No
Beckley Pocahontas Mine /
46‑05252
33
2
71.2
No
No
1
5
4
Beckley Pocahontas Plant /
46‑09216
No
No
Coal Mac Holden #22 Prep Plant /
46‑05909
No
No
Coal Mac Ragland Loadout /
46‑08563
0.1
No
No
Coal Mac Holden #22 Surface /
46‑08984
1
0.1
No
No
Eastern Birch River Mine /
46-07945
No
No
Sentinel Mine /
46‑04168
13
14.4
No
No
1
Sentinel Prep Plant /
46‑08777
0.3
No
No
Mingo Logan Mountaineer II /
46‑09029
20
-—
25.2
No
No
2
6
3
Mingo Logan Cardinal Prep Plant /
46‑09046
1
No
No
Mingo Logan Daniel Hollow /
46‑09047
No
No
Leer #1 Mine /
46‑09192
26
23.7
No
No
3
4
Arch of Wyoming Elk Mountain /
48‑01694
No
No
Black Thunder /
48‑00977
2
4.1
No
No
Coal Creek /
48‑01215
1
1.4
No
No
West Elk Mine /
05‑03672
3
13.2
No
No

3



Viper Mine /
11‑02664
3
12.8
No
No
Leer #1 Prep Plant /
46-09191
No
No
Wolf Run Mining – Sawmill Run
Prep Plant / 46-05544
No
No
Wolf Run Mining / Imperial /
46-09115
No
No
Wolf Run Mining / Upshur /
46-05823
No
No



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(1)
See table below for additional details regarding Legal Actions Pending as of September 30, 2017.



Mine or Operating Name/MSHA Identification Number
Contests of Citations, Orders (as of September 30, 2017)
Contests of Proposed Penalties (as of September 30, 2017)

Complaints for Compensation (as of September 30, 2017)
Complaints of Discharge, Discrimination or Interference (as of September 30, 2017)

Applications for Temporary Relief (as of September 30, 2017)

Appeals of Judges’ Decisions or Orders (as of September 30, 2017)
Beckley Pocahontas Mine / 46-05252
1
3
Mingo Logan Mountaineer II / 46-09029
3
Leer #1 / 46‑09192
4
*Lone Mountain Huff Creek / 15-17234
3
*Lone Mountain / Clover Fork #1 /
15-18647
1


* Lone Mountain Processing LLC, Cumberland River Coal LLC and Powell Mountain Energy, LLC were sold by Arch Coal, Inc. on September 14, 2017.


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