Mining Incidents

Auger #1: 14 MSHA citations Coal

J & L Auger Inc · Surface
Controlled by Richard Maynard
Matewan, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4608495

Auger #1 has $3K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
0
Years on record
Latest incident
Compliance record
MSHA citations since 2000
14
citations
7
significant & substantial
$3,310
proposed penalties
$3,310
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
27
inspections on record
390
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: 390 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
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: 2012-09-20.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

Auger #1 has $3K in proposed MSHA penalties and $0 outstanding across 2 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.
$3K
proposed penalties
$3K
current assessed
$3K
paid to date
$0
outstanding
12 assessments are final orders; 2 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2013-04-10.
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.
58.3%
significant & substantial
8.3%
high negligence or reckless
58.3%
reasonably likely or greater
41.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.0% low, 66.7% moderate, 8.3% 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 · 14% of citations on record
  • Settled 1 · 50%
  • Stood as issued 1 · 50%
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 2 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$2K proposed, $2K 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 2012-12-20.
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 2013-210 Settlement Simonton 2013 $2K → $2K
WEVA 2013-365 Default Lesnick 2013 $154 → $154
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Auger #1 shows 100% of 23 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: 2013-04-17, 13 years ago
100%
within 1.5 mg/m3
23
samples
1.03
dust max (mg/m3)
23 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER HELPER11
  • AUGER OPERATOR11
  • MINE FOREMAN/MINE MANAGER1

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: 2013-04-17, 13 years ago
25%
over PEL
12
samples
Most-sampled occupations
  • AUGER OPERATOR6
  • AUGER HELPER5
  • MINE FOREMAN/MINE MANAGER1
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
2013 100% 2
2012 100% 2
2011 100% 1
2009 100% 2
2008 100% 5
2007 100% 2
2006 100% 2
2004 100% 4
2000 100% 3
Noise by year
Year over PEL samples
2013 0% 2
2012 0% 2
2011 0% 1
2008 60% 5
2007 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. J & L Auger Inc 1995 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)
2013 2 3,901
2012 1 5,165
2011 1 7,844
2010 1 5,210
2009 2 12,777
2008 2 23,634
2007 2 24,180
2006 3 15,779
2005 3 19,889
2004 3 29,854
2000 1 7,714
Source: MSHA quarterly employment and production, updated weekly.

Auger #1 sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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
2013 Q2 636 3 1 4717.0
2013 Q1 176 0 0 0.0
2012 Q4 608 0 0 0.0
2012 Q3 80 4 2 50000.0
2012 Q2 0 0 0
2012 Q1 0 0 0
2011 Q4 180 0 0 0.0
2011 Q3 220 0 0 0.0
Show 34 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q2 400 1 1 2500.0
2011 Q1 90 2 0 22222.2
2010 Q4 200 0 0 0.0
2010 Q3 630 0 0 0.0
2010 Q2 746 0 0 0.0
2010 Q1 749 0 0 0.0
2009 Q4 60 0 0 0.0
2009 Q3 220 0 0 0.0
2009 Q2 1,060 2 2 1886.8
2009 Q1 1,080 0 0 0.0
2008 Q4 1,233 0 0 0.0
2008 Q3 1,870 0 0 0.0
2008 Q2 1,040 0 0 0.0
2008 Q1 800 0 0 0.0
2007 Q4 880 0 0 0.0
2007 Q3 960 0 0 0.0
2007 Q2 981 0 0 0.0
2007 Q1 1,314 0 0 0.0
2006 Q4 618 0 0 0.0
2006 Q3 878 0 0 0.0
2006 Q2 1,980 0 0 0.0
2006 Q1 1,710 0 0 0.0
2005 Q4 2,083 0 0 0.0
2005 Q3 2,280 0 0 0.0
2005 Q2 1,048 0 0 0.0
2005 Q1 1,680 0 0 0.0
2004 Q4 1,978 0 0 0.0
2004 Q3 1,978 0 0 0.0
2004 Q2 1,706 0 0 0.0
2004 Q1 1,501 1 1 666.2
2000 Q4 1,136 0 0 0.0
2000 Q3 0 1 0
2000 Q2 0 0 0
2000 Q1 0 0 0

No reportable incidents on file.

MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.