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3163: 16 MSHA citations Coal

Controlled by Robert E Elkin
Somerset, Somerset County, PA  ·  Abandoned
MSHA Mine ID: 3609189

3163 has $2K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2009
Latest incident
Mar 2009
Compliance record
MSHA citations since 2004
16
citations
4
significant & substantial
$1,798
proposed penalties
$1,798
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
See E.E. & S. Auger Mining Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2004
33
inspections on record
345
inspection hours
n/a
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.
Rate withheld: 345 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

3163 has $2K in proposed MSHA penalties and $0 outstanding across 1 contested dockets.

Penalty disposition
ⓘ Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$2K
proposed penalties
$2K
current assessed
$2K
paid to date
$0
outstanding
13 assessments are final orders; 1 contested dockets.
Of $577 in penalties contested before the Commission, $577 was upheld in final decisions.
As of the most recent assessment on 2011-09-30.
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.
30.8%
significant & substantial
7.7%
high negligence or reckless
30.8%
reasonably likely or greater
23.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 0.0% low, 92.3% moderate, 7.7% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, 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.
2 citations taken to the federal commission · 13% of citations on record
  • Stood as issued 2 · 100%
100%
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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$577 proposed, $577 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 2009-02-10.
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 mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
PENN 2009-336 Dismissal Lesnick 2010 $577 → $577
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at 3163 shows 100% of 19 respirable coal dust samples met the 1.5 mg/m3 standard.

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: 2021-05-17, 5 years ago
100%
within 1.5 mg/m3
19
samples
0.42
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.
16 samples taken by MSHA inspectors, 3 by the operator.
Most-sampled occupations
  • AUGER OPERATOR9
  • AUGER HELPER8
  • COAL TRUCK DRIVER2

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: 2020-03-16, 6 years ago
0%
over PEL
15
samples
Most-sampled occupations
  • AUGER HELPER7
  • AUGER OPERATOR6
  • COAL TRUCK DRIVER2
See US mines ranked by noise samples over the legal limit.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
ⓘ 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 by year
ⓘ 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.
Year within 1.5 mg/m3 samples
2021 100% 1
2020 100% 4
2019 100% 4
2014 100% 4
2011 100% 3
2010 100% 3
Noise by year
Year over PEL samples
2020 0% 3
2019 0% 3
2014 0% 4
2011 0% 2
2010 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. B & M Augering, Inc. 2004 to 2008
  2. J C Drilling & Ditching 2008 to 2019
  3. WV Industrial Services, Inc. 2011 to 2014
  4. E.E. & S. Auger Mining Inc. 2019 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
ⓘ Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2023 0
2022 0
2021 1 940
2020 1 1,355
2019 2 3,705
2015 0
2014 1 7,166
2013 0 574
2012 0
2011 0
2010 3 11,686
2009 1
2008 3 3,622
2007 0
2006 1 2,448
2005 4 12,708
2004 3 13,132
Source: MSHA quarterly employment and production, updated weekly.

3163 sits in Somerset County, Pennsylvania, where the Census mining category is 1.6% of county employment.

Local economic context
ⓘ County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Somerset County, Pennsylvania · Population 73,255
1.6%
Mining share of county employment
$59,378
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
ⓘ Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
Show 55 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 144 0 0 0.0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 264 0 0 0.0
2019 Q4 0 0 0
2019 Q3 408 0 0 0.0
2019 Q2 184 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 176 0 0 0.0
2014 Q3 304 0 0 0.0
2014 Q2 285 0 0 0.0
2014 Q1 155 0 0 0.0
2013 Q4 54 0 0 0.0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 2 0
2011 Q2 0 0 0
2011 Q1 0 0 0
2010 Q4 65 2 0 30769.2
2010 Q3 1,542 3 2 1945.5
2010 Q2 2,337 0 0 0.0
2010 Q1 454 4 1 8810.6
2009 Q4 0 0 0
2009 Q1 132 0 0 0.0
2008 Q4 625 2 1 3200.0
2008 Q3 348 0 0 0.0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 0 0
2006 Q1 400 0 0 0.0
2005 Q4 745 0 0 0.0
2005 Q3 953 0 0 0.0
2005 Q2 1,484 0 0 0.0
2005 Q1 991 0 0 0.0
2004 Q4 959 0 0 0.0
2004 Q3 946 0 0 0.0
2004 Q2 975 0 0 0.0
2004 Q1 995 3 0 3015.1
No fatalities recorded at this mine.

Reportable incidents

1 on file

2009 · 1 incident

March 13, 2009 PA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
J C Drilling & Ditching · Fall onto or against objects

Injury slipped and fell on 3/13/09 at 3:00 pm. He was picking up auger equipment to bring back to the garage for repairs. He fell on the flighting of the auger. He was hurt but did not go to the hospital. He was not better in 1 week. So he went for x-rays at Punxatary Hospital on 3/20/09. He has a cracked rib.