EMPLOYEE WAS OPERATING HIGHWALL DRILL, WHEN MATERIAL FELL FROM HIGHWALL STRIKING CAB OF DRILL, FATALLY INJURING EMPLOYEE.
Donn A Chickering: 3 recorded fatalities controller
Watch this controller
Email me when a new MSHA incident is filed at any mine Donn A Chickering controls.
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This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.ⓘ
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.ⓘ
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.ⓘ
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.| Year | total case rate | days-away | fatal |
|---|---|---|---|
| 2007 | 4.55 | 3.03 | 0.000 |
| 2006 | 4.04 | 1.01 | 0.000 |
| 2005 | 15.19 | 13.92 | 0.000 |
| 2004 * | 0.00 | 0.00 | 0.000 |
| 2003 * | 18.77 | 3.13 | 0.000 |
| 2002 * | 5.04 | 5.04 | 0.000 |
| 2001 | 9.59 | 8.26 | 0.000 |
| 2000 | 10.69 | 9.13 | 0.000 |
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A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.Respirable coal dust
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Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Last sampled: 2026-07-10
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Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.ⓘ
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.- CONTINUOUS MINER OPERATOR1,187
- SHUTTLE CAR OPERATOR (STANDARD SIDE)327
- SCOOP CAR OPERATOR166
Silica (quartz)
Last sampled: 2026-07-09- CONTINUOUS MINER OPERATOR141
- HIGHWALL DRILL OPERATOR9
- BULLDOZER OPERATOR8
Noise
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The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.
Last sampled: 2026-07-10
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The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.- CONTINUOUS MINER OPERATOR34
- SHUTTLE CAR OPERATOR (STANDARD SIDE)32
- HIGHLIFT OPERATOR/FRONT END LOADER25
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Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.- Settled 9 · 9%
- Stood as issued 81 · 84%
- Still open 6 · 6%
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Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.ⓘ
A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.| Docket | Decision | Judge | Year | Proposed / upheld |
|---|---|---|---|---|
| WEVA 2007-652 | Default Decision by District Court | Melick | 2009 | $49K → $49K |
| WEVA 2007-595 | Default Decision by District Court | Melick | 2009 | $40K → $40K |
| WEVA 2007-653 | Default Decision by District Court | Melick | 2009 | $17K → $17K |
| KENT20020017 | Settlement | Weisberger | 2004 | $6K → $3K |
| WEVA 2007-567 | Default | Lesnick | 2008 | $5K → $5K |
| WEVA 2007-568 | Default | Lesnick | 2008 | $3K → $3K |
Top causes
- FALL OF ROOF OR BACK 1 fatality · 207 non-fatal
- FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL 1 fatality · 13 non-fatal
- FALLING/SLIDING/ROLLING MATERIALS 1 fatality · 2 non-fatal
- HANDLING OF MATERIALS 255 non-fatal
- MACHINERY 171 non-fatal
- SLIP OR FALL OF PERSON 126 non-fatal
Incident timeline
Operators under this controller
- Branham & Baker Underground Corp 310
- Harrison Mining Corp 268
- Branham & Baker Coal Company Inc 189
- New Beckley Mining Corp 58
- Husky Coal Company Inc 40
- Sewell Seam Management, Inc. 37
- Powderhorn Coal Company 35
- Kiah Creek Mining Company 24
- Peachtree Ridge Mining Co., Inc. 22
- Cheyenne Elkhorn Coal Company Inc 6
- Harrison Processing Corp 5
- Millard Processing Corp 3
- Nbl Coal Company Inc 2
- Wyoming Pocahontas Land Company 1
Mines on record
- Eagle #1 WV
- Sewell Mine No. 1 WV
- Mine #15 KY
- Nelms Mine - Cadiz Portal OH
- Mine #22 KY
- Road Creek Mine #1 KY
- Three Mile Mine #1 KY
- Mine #2B KY
- Mine #10 KY
- Pettys Fork Mine #1 KY
- Mine #23 KY
- Rob Fork Processing KY
- Mine #16 KY
- Pike Prep Plant No. 1 KY
- Elswick Fork #1 KY
- Walker Branch Mine KY
- #6 KY
- #8 KY
- No 4 KY
- Roadside North Portal CO
- No 7 KY
- Mine #8 KY
- Roadside South Portal CO
- Beverly Ann Preparation Plant KY
- Mine #9 KY
- Skinned Poplar Strip WV
- Mine #14 KY
- Gum Branch Mine #1 KY
- Mine #18 KY
- #17 KY
- Marine #1 KY
- NELMS PLANT OH
- Job #11 Prater Fork Strip KY
- Mine #6 KY
- Raccoon Plant KY
- Terry Fork Mine #1 KY
- No 2 Mine KY
- Newsome Branch Mine #1 KY
- Blackburn Branch Mine #1 KY
- Flatwoods Mine #1 KY
- Beckley Mine WV
Fatalities under this controller
3 recordedVICTIM (MINER OPERATOR) POSITIONED HIMSELF IN A LOCATION THAT HAD A PIECE OF ROCK BREAK LOOSE FROM THE ROOF, WHICH APPARENTLY CAUGHT THE VICTIM AS IT FELL, CAUSING FATAL INJURIES.
DECEASED WAS CUTTING A TREE,THE TREE SPLIT AND FELL AND HIT HIM IN THE HEAD.KILLING HIM INSTANTLY.
Where Donn A Chickering stands on silica, penalties, and injury rate
MSHA's standard limits respirable silica to 50 micrograms per cubic metre, but MSHA publishes dust and quartz as separate files and never the silica figure itself. We derive it per sample, score it against the limit, and set the operator's injury rate against a benchmark built from the full MSHA operator record. With the 26-year penalty trail, contest posture, and fatality history. Delivered as a PDF with the underlying data as CSV.
The federal record itself stays free on this site. What costs money, and why.