Mining Incidents

Apache Mine: 367 MSHA citations Coal Past POV 2011

Controlled by Brandy M Horvath
Elbert, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609180

Apache Mine has $1.3M in proposed MSHA penalties and $1.3M outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2009–2011
Latest incident
Mar 2011
Compliance record
MSHA citations since 2007
367
citations
157
significant & substantial
$1,338,086
proposed penalties
$2,613
paid to date
0% of proposed penalties paid to date, a $1,335,473 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
36
inspections on record
1,732
inspection hours
21.2
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.
367 citations across 1,732 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.
2
Section 107(a) orders
Most recent order: 2011-02-07.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Apache Mine has $1.3M in proposed MSHA penalties and $1.3M outstanding across 10 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.
$1.3M
proposed penalties
$1.3M
current assessed
$3K
paid to date
$1.3M
outstanding
350 assessments are final orders; 10 contested dockets.
Of $1.1M in penalties contested before the Commission, $1.1M was upheld in final decisions.
As of the most recent assessment on 2011-03-03.
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.
44.9%
significant & substantial
16.6%
high negligence or reckless
44.9%
reasonably likely or greater
53.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.3% low, 73.1% moderate, 14.6% high, 2.0% 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.
102 citations taken to the federal commission · 28% of citations on record
  • Settled 60 · 59%
  • Stood as issued 42 · 41%
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 61 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$1.1M proposed, $1.1M 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 2010-04-15.
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
WEVA 2010-488 Default Lesnick 2011 $760K → $760K
WEVA 2010-489 Settlement Moran 2012 $159K → $159K
WEVA 2010-140 Settlement Moran 2012 $45K → $45K
WEVA 2010-658 Settlement Moran 2012 $36K → $36K
WEVA 2010-749 Default Lesnick 2012 $24K → $24K
WEVA 2010-906 Default Moran 2015 $16K → $16K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Apache Mine shows 88% of 177 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: 2011-01-24, 15 years ago
88%
within 1.5 mg/m3
177
samples
9.23
dust max (mg/m3)
83 samples taken by MSHA inspectors, 94 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR88
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)21
  • ROOF BOLTER (SINGLE HEAD)14

Silica (quartz)

Last sampled: 2010-09-22, 15 years ago
5.4
silica avg (%)
13
samples
9.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8

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: 2010-09-15, 15 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • ROOF BOLTER (SINGLE HEAD)4
  • UTILITY MAN3
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
2011 100% 6
2010 98% 51
2009 86% 42
2008 81% 57
2007 81% 21
Silica (quartz) by year
Year silica avg (%) samples
2010 6.0 4
2009 5.8 4
2008 4.2 4
2007 6.2 1
Noise by year
Year over PEL samples
2010 0% 7
2009 0% 1
2008 0% 12
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Apache Mine recorded 30.44 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
30.44
total case rate
30.44
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
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.
Ownership history
  1. Postar Coal Company, Inc. 2006 to 2007
  2. Hardrock Coal Company, Inc. 2007 to 2008
  3. The New West Virginia Mining Company 2008 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)
2011 1
2010 23 96,293
2009 17 60,037
2008 10 54,959
2007 18 39,921
2006 28 61,715
Source: MSHA quarterly employment and production, updated weekly.

Apache Mine sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2011 Q1 10 35 16 3500000.0
2010 Q4 10 25 10 2500000.0
2010 Q3 19,003 15 3 789.3
2010 Q2 13,389 15 6 1120.3
2010 Q1 13,597 25 6 1838.6
2009 Q4 8,906 71 49 7972.2
2009 Q3 7,535 36 24 4777.7
2009 Q1 10 67 18 6700000.0
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q3 3,816 3 2 786.2
2008 Q2 4,584 10 0 2181.5
2008 Q1 4,375 3 1 685.7
2007 Q4 3,266 1 0 306.2
2007 Q1 13,794 0 0 0.0
2006 Q4 13,718 0 0 0.0
2006 Q3 11,310 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2011 · 2 incidents

March 2, 2011 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
The New West Virginia Mining Company · Caught in, under or between a moving and a stationary object

Repairing leveling chain on opposite side roof bolter. Mechanic went to stand up and fell forward, struck hand onto boom arm to hold himself up from falling into arm of bolter and his fingers(middle & ring) got caught between 2 boom arms cutting the 2 fingers off at 2nd knuckle.

2010 · 8 incidents

November 9, 2010 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
The New West Virginia Mining Company · Over-exertion (Not Elsewhere Classified)

Victim was climbing up stairs on endloader when his feet slipped while attempting to grab hold to keep from falling.

July 17, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
The New West Virginia Mining Company · Struck by falling object

Man was watching bolt man pin up spot bolt, when a piece of rock fell striking machine. Man had his hand on side of machine where rock landed, rock was 2'X1'X8" thick. Rock landed on his left hand catching and cutting his ring finger.

June 30, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
The New West Virginia Mining Company · Struck by falling object

Man was bolting roof, small rock fell after putting up bolt, hitting left hand because he had hand lying on canopy.

June 8, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
The New West Virginia Mining Company · Struck by falling object

Injured says he came thru man door on belt line and a piece of rock fell from the top hitting his leg and scraping skin. Victim says he just wanted to report it and then later says he went to the doctor.

January 27, 2010 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
The New West Virginia Mining Company · Struck against stationary object

EE was hauling structure rail on scoop. The rail fell out of the bucket, the EE jerked to miss the rail and hit the canopy post with his forehead.

2009 · 3 incidents

January 7, 2009 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
The New West Virginia Mining Company · Struck by powered moving object

Scoop oper. plaster stopping-height 8' elevated bucket plastering top part of stopping, stepped down and got between bucket and stopping. Had back towards scoop bucket, leaked down onto back of scoop operator, scoop operator said he he was ok. Operator checked and brakes worked.