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MSHA penalty calculator
Estimate the proposed civil penalty for an MSHA citation the way a regular assessment works: add up the penalty points from the 30 CFR 100.3 tables, then convert them to dollars. Figures are current as of October 21, 2026.
Estimated regular assessment
$193
63 penalty points
- Mine size
- 5
- Controlling entity size
- 2
- Violation history
- 0
- Repeat violations
- 0
- Negligence
- 20
- Likelihood
- 30
- Severity
- 5
- Persons affected
- 1
5 + 2 + 0 + 0 + 20 + 30 + 5 + 1 = 63 points → $215 − 10% good faith ($22) = $193
Dollars from the Penalty Conversion Table, 30 CFR 100.3(g), rounded to whole dollars. A special assessment or a legal minimum can replace this amount.
When the formula does not decide the amount
- MSHA can skip the formula and propose a special assessment (100.5), set in writing from the same six criteria.
- Unwarrantable failure citations and orders have minimums: $3,022 under section 104(d)(1) and $6,041 under 104(d)(2) (100.4).
- Failing to notify MSHA of a death or life-threatening injury or entrapment in time costs $7,555 to $90,649 (100.4(c)).
- Flagrant violations can reach $332,376 (100.5(e)), and failure to abate up to $9,820 a day (100.5(c)).
- A regular assessment is never more than $90,649 (100.3(a)).
See the penalties MSHA actually assessed
MineCitation tracks every MSHA citation and assessed penalty, updated daily. Search a mine's real penalties and get an email when a mine you follow is cited.
How MSHA penalty points work
Under the Mine Act, MSHA proposes a penalty for each citation or order. Most are regular assessments under 30 CFR 100.3: points from fixed tables, converted to dollars. A special assessment under 100.5 is set case by case instead, when MSHA decides conditions warrant it.
- Size (up to 25 points)
- How big the operator is. Coal mines are measured by tons produced last year, metal/nonmetal mines by hours worked, both for the mine and its controlling entity. Independent contractors are measured by hours worked at all mines.
- Violation history (up to 25 points)
- Paid or final violations in the 15 months before. Mine operators are scored by violations per inspection day (VPID), with no points for fewer than 10 violations. Contractors are scored by their number of violations at all mines.
- Repeat violations (up to 20 points)
- Violations of the same standard in the same 15 months. Mine operators get points only with at least 6 repeats, by repeats per inspection day (RPID). It applies only after 10 violations, or 6 for a contractor.
- Negligence (up to 50 points)
- How far the operator fell below the high standard of care the Mine Act sets.
- Gravity (up to 88 points)
- How serious the violation is: how likely the injury or illness was, how bad it would be, and how many people could be hurt.
- Good faith (10% off)
- If the operator fixes the condition within the time the inspector set, the dollar amount drops by 10%.
The operator has 30 days after receiving the proposed assessment to pay or contest it. See the largest penalties still open to contest, or look up any mine's citations and penalties in the free MSHA mine lookup.
This calculator gives an estimate, not legal advice. The inspector's findings and MSHA's Office of Assessments set the actual amount, and contests and settlements can change it.
The Part 100 tables
From 30 CFR Part 100 as of October 21, 2026. Dollar amounts include the latest inflation adjustment, 90 FR 1862 (January 10, 2025).
Table I, Size of coal mine
| Annual tonnage of mine | Points |
|---|---|
| 0 to 7,500 | 1 |
| Over 7,500 to 10,000 | 2 |
| Over 10,000 to 15,000 | 3 |
| Over 15,000 to 20,000 | 4 |
| Over 20,000 to 30,000 | 5 |
| Over 30,000 to 50,000 | 6 |
| Over 50,000 to 70,000 | 7 |
| Over 70,000 to 100,000 | 8 |
| Over 100,000 to 200,000 | 9 |
| Over 200,000 to 300,000 | 10 |
| Over 300,000 to 500,000 | 11 |
| Over 500,000 to 700,000 | 12 |
| Over 700,000 to 1,000,000 | 13 |
| Over 1,000,000 to 2,000,000 | 14 |
| Over 2,000,000 | 15 |
Source: 30 CFR 100.3, Table I
Table II, Size of controlling entity, coal mine
| Annual tonnage | Points |
|---|---|
| 0 to 50,000 | 1 |
| Over 50,000 to 100,000 | 2 |
| Over 100,000 to 200,000 | 3 |
| Over 200,000 to 300,000 | 4 |
| Over 300,000 to 500,000 | 5 |
| Over 500,000 to 700,000 | 6 |
| Over 700,000 to 1,000,000 | 7 |
| Over 1,000,000 to 3,000,000 | 8 |
| Over 3,000,000 to 10,000,000 | 9 |
| Over 10,000,000 | 10 |
Source: 30 CFR 100.3, Table II
Table III, Size of metal/nonmetal mine
| Annual hours worked at mine | Points |
|---|---|
| 0 to 5,000 | 0 |
| Over 5,000 to 10,000 | 1 |
| Over 10,000 to 20,000 | 2 |
| Over 20,000 to 30,000 | 3 |
| Over 30,000 to 50,000 | 4 |
| Over 50,000 to 100,000 | 5 |
| Over 100,000 to 200,000 | 6 |
| Over 200,000 to 300,000 | 7 |
| Over 300,000 to 500,000 | 8 |
| Over 500,000 to 700,000 | 9 |
| Over 700,000 to 1,000,000 | 10 |
| Over 1,000,000 to 1,500,000 | 11 |
| Over 1,500,000 to 2,000,000 | 12 |
| Over 2,000,000 to 3,000,000 | 13 |
| Over 3,000,000 to 5,000,000 | 14 |
| Over 5,000,000 | 15 |
Source: 30 CFR 100.3, Table III
Table IV, Size of controlling entity, metal/nonmetal mine
| Annual hours worked | Points |
|---|---|
| 0 to 50,000 | 0 |
| Over 50,000 to 100,000 | 1 |
| Over 100,000 to 200,000 | 2 |
| Over 200,000 to 300,000 | 3 |
| Over 300,000 to 500,000 | 4 |
| Over 500,000 to 1,000,000 | 5 |
| Over 1,000,000 to 2,000,000 | 6 |
| Over 2,000,000 to 3,000,000 | 7 |
| Over 3,000,000 to 5,000,000 | 8 |
| Over 5,000,000 to 10,000,000 | 9 |
| Over 10,000,000 | 10 |
Source: 30 CFR 100.3, Table IV
Table V, Size of independent contractor
| Annual hours worked at all mines | Points |
|---|---|
| 0 to 5,000 | 0 |
| Over 5,000 to 7,000 | 2 |
| Over 7,000 to 10,000 | 4 |
| Over 10,000 to 20,000 | 6 |
| Over 20,000 to 30,000 | 8 |
| Over 30,000 to 50,000 | 10 |
| Over 50,000 to 70,000 | 12 |
| Over 70,000 to 100,000 | 14 |
| Over 100,000 to 200,000 | 16 |
| Over 200,000 to 300,000 | 18 |
| Over 300,000 to 500,000 | 20 |
| Over 500,000 to 700,000 | 22 |
| Over 700,000 to 1,000,000 | 24 |
| Over 1,000,000 | 25 |
Source: 30 CFR 100.3, Table V
Table VI, History of previous violations, mine operators
| Violations per inspection day (VPID) | Points |
|---|---|
| 0 to 0.3 | 0 |
| Over 0.3 to 0.5 | 2 |
| Over 0.5 to 0.7 | 5 |
| Over 0.7 to 0.9 | 8 |
| Over 0.9 to 1.1 | 10 |
| Over 1.1 to 1.3 | 12 |
| Over 1.3 to 1.5 | 14 |
| Over 1.5 to 1.7 | 16 |
| Over 1.7 to 1.9 | 19 |
| Over 1.9 to 2.1 | 22 |
| Over 2.1 | 25 |
Source: 30 CFR 100.3, Table VI
Table VII, History of previous violations, independent contractors
| Number of violations at all mines | Points |
|---|---|
| 0 to 5 | 0 |
| 6 | 1 |
| 7 | 2 |
| 8 | 3 |
| 9 | 4 |
| 10 | 5 |
| 11 | 6 |
| 12 | 7 |
| 13 | 8 |
| 14 | 9 |
| 15 | 10 |
| 16 | 11 |
| 17 | 12 |
| 18 | 13 |
| 19 | 14 |
| 20 | 15 |
| 21 | 16 |
| 22 | 17 |
| 23 | 18 |
| 24 | 19 |
| 25 | 20 |
| 26 | 21 |
| 27 | 22 |
| 28 | 23 |
| 29 | 24 |
| Over 29 | 25 |
Source: 30 CFR 100.3, Table VII
Table VIII, Repeat violations, coal and metal/nonmetal operators with at least 6 repeat violations
| Repeat violations per inspection day (RPID) | Points |
|---|---|
| 0 to 0.01 | 0 |
| Over 0.01 to 0.015 | 1 |
| Over 0.015 to 0.02 | 2 |
| Over 0.02 to 0.025 | 3 |
| Over 0.025 to 0.03 | 4 |
| Over 0.03 to 0.04 | 5 |
| Over 0.04 to 0.05 | 6 |
| Over 0.05 to 0.06 | 7 |
| Over 0.06 to 0.08 | 8 |
| Over 0.08 to 0.10 | 9 |
| Over 0.10 to 0.12 | 10 |
| Over 0.12 to 0.14 | 11 |
| Over 0.14 to 0.16 | 12 |
| Over 0.16 to 0.18 | 13 |
| Over 0.18 to 0.20 | 14 |
| Over 0.20 to 0.25 | 15 |
| Over 0.25 to 0.3 | 16 |
| Over 0.3 to 0.4 | 17 |
| Over 0.4 to 0.5 | 18 |
| Over 0.5 to 1.0 | 19 |
| Over 1.0 | 20 |
Source: 30 CFR 100.3, Table VIII
Table IX, Repeat violations, independent contractors
| Repeat violations of the same standard | Points |
|---|---|
| 5 or fewer | 0 |
| 6 | 2 |
| 7 | 4 |
| 8 | 6 |
| 9 | 8 |
| 10 | 10 |
| 11 | 12 |
| 12 | 14 |
| 13 | 16 |
| 14 | 18 |
| More than 14 | 20 |
Source: 30 CFR 100.3, Table IX
Table X, Negligence
| Categories | Points |
|---|---|
| No negligenceThe operator exercised diligence and could not have known of the violative condition or practice. | 0 |
| Low negligenceThe operator knew or should have known of the violative condition or practice, but there are considerable mitigating circumstances. | 10 |
| Moderate negligenceThe operator knew or should have known of the violative condition or practice, but there are mitigating circumstances. | 20 |
| High negligenceThe operator knew or should have known of the violative condition or practice, and there are no mitigating circumstances. | 35 |
| Reckless disregardThe operator displayed conduct which exhibits the absence of the slightest degree of care. | 50 |
Source: 30 CFR 100.3, Table X
Table XI, Gravity: likelihood
| Likelihood of occurrence | Points |
|---|---|
| No likelihood | 0 |
| Unlikely | 10 |
| Reasonably likely | 30 |
| Highly likely | 40 |
| Occurred | 50 |
Source: 30 CFR 100.3, Table XI
Table XII, Gravity: severity
| Severity of injury or illness if the event has occurred or were to occur | Points |
|---|---|
| No lost work days | 0 |
| Lost work days or restricted duty | 5 |
| Permanently disabling | 10 |
| Fatal | 20 |
Source: 30 CFR 100.3, Table XII
Table XIII, Gravity: persons potentially affected
| Number of persons potentially affected if the event has occurred or were to occur | Points |
|---|---|
| 0 | 0 |
| 1 | 1 |
| 2 | 2 |
| 3 | 4 |
| 4 | 6 |
| 5 | 8 |
| 6 | 10 |
| 7 | 12 |
| 8 | 14 |
| 9 | 16 |
| 10 or more | 18 |
Source: 30 CFR 100.3, Table XIII
Table 14, Penalty Conversion Table
Source: 30 CFR 100.3(g), as adjusted by 90 FR 1862
Common questions
How does MSHA calculate a civil penalty?
For a regular assessment, MSHA assigns penalty points for the operator's size, history of previous violations, negligence and the gravity of the violation using the tables in 30 CFR 100.3, adds them up, and converts the total to dollars with the Penalty Conversion Table in 100.3(g). The amount is then reduced by 10% if the operator abated the violation within the time the inspector set.
What is the smallest and largest regular assessment?
60 or fewer points convert to $168 and 140 or more points to $90,649, before the good faith reduction.
How many penalty points does negligence add?
Table X assigns 0 points for no negligence, 10 for low, 20 for moderate, 35 for high and 50 for reckless disregard.
When does MSHA not use the regular formula?
MSHA may waive the regular assessment and propose a special assessment under 30 CFR 100.5, written up in narrative form. Citations and orders under section 104(d)(1) and 104(d)(2) of the Mine Act have minimum penalties of $3,022 and $6,041, and flagrant violations can be assessed up to $332,376.