Mining Incidents

James O Bunn; Franklin D Robertson: 4 recorded fatalities controller

MSHA controller ID: C14544

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Email me when a new MSHA incident is filed at any mine James O Bunn; Franklin D Robertson controls.

Fatalities
4
Total incidents
961
Mines on record
32
Years on record
1983–2018
Compliance record
MSHA citations since 2000
5,712
citations
2,644
significant & substantial
$5,827,875
proposed penalties
$4,231,961
paid to date
73% of proposed penalties paid to date, a $1,595,914 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
1,850
inspections on record
78,664
inspection hours
7.3
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
5,712 citations across 78,664 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2013-08-07.
On record since 2013.
Source: MSHA imminent-danger order records, updated weekly.
Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$5.8M
proposed penalties
$4.2M
current assessed
$4.2M
paid to date
$2K
outstanding
5,546 assessments are final orders; 171 contested dockets.
Of $4.3M in penalties contested before the Commission, $2.7M was upheld in final decisions.
As of the most recent assessment on 2020-01-13.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
47.5%
significant & substantial
3.5%
high negligence or reckless
48.5%
reasonably likely or greater
32.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.2% low, 88.3% moderate, 3.3% high, 0.2% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
Injury rate, 2015
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
Year total case rate days-away fatal
2015 0.00 0.00 0.000
2014 3.76 2.39 0.000
2013 5.54 3.70 0.000
2012 2.96 1.35 0.135
2011 4.70 2.84 0.000
2010 3.87 2.30 0.000
2009 3.83 2.68 0.000
2008 4.03 2.50 0.000
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Health sampling
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
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: 2020-02-18, 6 years ago
94%
within 1.5 mg/m3
8,160
samples
8.87
dust max (mg/m3)
0
over MSHA ECV
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.
3,961 samples taken by MSHA inspectors, 4,199 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR4,012
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)713
  • ROOF BOLTER (SINGLE HEAD)237

Silica (quartz)

Last sampled: 2015-04-27, 11 years ago
7.8
silica avg (%)
407
samples
40.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR269
  • HIGHWALL DRILL OPERATOR11
  • BULLDOZER OPERATOR10

Noise
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: 2020-02-18, 6 years ago
10%
over PEL
1,006
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)117
  • BULLDOZER OPERATOR93
  • HIGHLIFT OPERATOR/FRONT END LOADER92
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
When citations were contested
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.
1,173 citations taken to the federal commission · 21% of citations on record
  • Settled 1,168 · 100%
  • Stood as issued 5 · 0%
80%
S&S designation survived the contest
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.
of 894 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$4.3M proposed, $2.7M after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2016-06-02. Vacated and withdrawn citations are removed from the file this view attributes through, so that outcome is slightly undercounted here.
Contested penalties
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.
Largest penalties this controller contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
WEVA 2014-71 Settlement Bulluck 2015 $296K → $76K
WEVA 2009-613 Settlement Melick 2011 $291K → $195K
WEVA 2015-0475 Settlement Bulluck 2015 $285K → $285K
WEVA 2011-1295 Settlement Miller 2013 $136K → $58K
WEVA 2009-22 Settlement Feldman 2011 $131K → $100K
WEVA 2014-332 Settlement Bulluck 2015 $122K → $122K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

Top causes

Incident timeline

2018
1
2014
16
2013
42
2012
32 (1f)
2011
56
2010
50
2009
55 (1f)
2008
66
2007
84
2006
91
2005
99 (1f)
2004
80
2003
63
2002
42
2001
41
2000
25
1999
7
1998
6
1997
12
1996
4
1995
10 (1f)
1994
13
1993
31
1992
26
1991
1
1989
2
1985
2
1984
1
1983
3

Operators under this controller

Mines on record

Fatalities under this controller

4 recorded
July 27, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler Fatality · MACHINERY
Coal River Mining LLC · Caught in, under or between a moving and a stationary object

At approximately 4:00am on the 27th of July 2012 a fatal incident occurred when the boom of the continuous miner struck the employee. The accident remains under investigation.

February 17, 2009 IL · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver Fatality · HANDLING OF MATERIALS
Knight Hawk Coal, LLC · Struck by falling object

A truck driver was delivering a load of lumber to the mine site. While the fork truck operator was unloading the truck, the truck driver walked around the other side of the truck when the fork truck operator accidentally pushed over a bundle of lumber, crushing the truck driver fatally.

March 31, 2005 WV · Coal continuous miner operator, coal mole operator Fatality · FALL OF ROOF OR BACK
Coal River Mining LLC · Struck by falling object

Unintentional roof fall occured in the H6 entry causing fatal injuries.

December 18, 1995 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) Fatality · POWERED HAULAGE
Wayco Limited Partnership No 1 · Caught in, under or between a moving and a stationary object

IT APPEARS THAT EE WAS CROSSING THE #4 BELT SLIPPED AND FELL, OR SOMEHOW CAME IN CONTACT WITH THE MOVING BELT, WHERE HE WAS MOVED TO THE #4 BELT HEAD, SUSTAINING FATAL INJURIES.

For insurers, brokers, and safety consultants

Where James O Bunn; Franklin D Robertson 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.

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