Atlantic Leaseco, LLC · Accident type, without injuries
Mine foremen went in to check on pump that had been set early in day and found fall in ret.
Black Pearl Underground Mine: 202 MSHA citations Coal
Atlantic Leaseco, LLC
· Underground
Controlled by
Walter Energy Incorporated
Calvin,
Nicholas County,
WV
·
Abandoned and Sealed
MSHA Mine ID: 4609289
Black Pearl Underground Mine has $251K in proposed MSHA penalties and $0 outstanding across 15 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 8
- Years on record
- 2009–2011
- Latest incident
- Aug 2011
Compliance record
MSHA citations since 2009
202
citations
52
significant & substantial
$251,432
proposed penalties
$185,772
paid to date
74% of proposed penalties paid to date, a $65,660 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
26
inspections on record
1,953
inspection hours
10.3
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.202 citations across 1,953 inspection hours.
Source: MSHA inspections data, updated weekly.
Black Pearl Underground Mine has $251K in proposed MSHA penalties and $0 outstanding across 15 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.$251K
proposed penalties
$186K
current assessed
$186K
paid to date
$0
outstanding
199 assessments are final orders; 15 contested dockets.
Of $208K in penalties contested before the Commission, $138K was upheld in final decisions.
As of the most recent assessment on 2011-12-08.
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.26.1%
significant & substantial
7.5%
high negligence or reckless
26.1%
reasonably likely or greater
31.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.5% low, 87.9% moderate, 7.5% 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.
49
citations taken to the federal commission · 24% of citations on record
- Settled 45 · 92%
- Vacated or withdrawn 4 · 8%
88%
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 26 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$208K proposed, $138K 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 2012-09-19.
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 2012-570 | Settlement | Lewis | 2014 | $52K → $30K |
| WEVA 2012-442 | Settlement | Tureck | 2012 | $52K → $36K |
| WEVA 2011-2160 | Settlement | Tureck | 2013 | $44K → $30K |
| WEVA 2013-42 | Settlement | Lewis | 2014 | $17K → $14K |
| WEVA 2011-2253 | Settlement | Andrews | 2014 | $8K → $5K |
| WEVA 2011-2254 | Settlement | Tureck | 2012 | $6K → $3K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Black Pearl Underground Mine shows 95% of 78 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: 2011-04-29, 15 years ago
ⓘ
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.95%
within 1.5 mg/m3
78
samples
3.67
dust max (mg/m3)
30 samples taken by MSHA inspectors, 48 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR45
- ROOF BOLTER (SINGLE HEAD)9
- SHUTTLE CAR OPERATOR (STANDARD SIDE)9
Silica (quartz)
Last sampled: 2010-10-01, 15 years ago11.3
silica avg (%)
6
samples
22.7
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR4
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: 2009-12-02, 16 years ago
ⓘ
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.50%
over PEL
12
samples
Most-sampled occupations
- SHUTTLE CAR OPERATOR (STANDARD SIDE)4
- CONTINUOUS MINER OPERATOR3
- SCOOP CAR OPERATOR2
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 | 91% | 43 |
| 2009 | 100% | 29 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2010 | 13.1 | 4 |
| 2009 | 7.8 | 2 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Black Pearl Underground Mine recorded 6.71 reportable injury cases per 100 full-time workers in 2011.
Injury rate, 2011
ⓘ
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.6.71
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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.
| Year | total case rate | days-away | fatal |
|---|---|---|---|
| 2011 * | 6.71 | 0.00 | 0.000 |
| 2010 * | 8.71 | 0.00 | 0.000 |
| 2009 * | 8.49 | 0.00 | 0.000 |
* Fewer than 100,000 employee-hours that year; the rate is less stable.
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
- Atlantic Leaseco, LLC 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) |
|---|---|---|
| 2012 | 1 | |
| 2011 | 15 | 19,903 |
| 2010 | 40 | 215,396 |
| 2009 | 20 | 144,875 |
| 2008 | 0 |
Source: MSHA quarterly employment and production, updated weekly.
Black Pearl Underground Mine sits in Nicholas County, West Virginia, where the Census mining category is 6.1% 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.Nicholas County, West Virginia · Population 24,446
6.1%
Mining share of county employment
$49,280
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 |
|---|---|---|---|---|
| 2012 Q3 | 0 | 0 | 0 | |
| 2012 Q2 | 0 | 0 | 0 | |
| 2012 Q1 | 428 | 0 | 0 | 0.0 |
| 2011 Q4 | 3,969 | 4 | 0 | 1007.8 |
| 2011 Q3 | 3,634 | 2 | 0 | 550.4 |
| 2011 Q2 | 10,188 | 59 | 19 | 5791.1 |
| 2011 Q1 | 12,036 | 5 | 0 | 415.4 |
| 2010 Q4 | 19,830 | 28 | 9 | 1412.0 |
Show 8 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2010 Q3 | 24,967 | 32 | 7 | 1281.7 |
| 2010 Q2 | 24,394 | 26 | 5 | 1065.8 |
| 2010 Q1 | 22,610 | 8 | 2 | 353.8 |
| 2009 Q4 | 23,467 | 14 | 3 | 596.6 |
| 2009 Q3 | 23,631 | 23 | 7 | 973.3 |
| 2009 Q2 | 0 | 0 | 0 | |
| 2009 Q1 | 0 | 1 | 0 | |
| 2008 Q4 | 0 | 0 | 0 |
No fatalities recorded at this mine.
Reportable incidents
8 on file2011 · 2 incidents
Atlantic Leaseco, LLC · Inhalation of radiations, caustics, toxic and noxious substances
Employee filed for Black Lung then the following month quit. Letter received on 11/1/11 in HR department. Part 50 audit at Maple Coal revealed that this needed reported.
2010 · 4 incidents
Atlantic Leaseco, LLC · Struck by flying object
While employee was operating the continuous miner in the #3 face a piece of rock was thrown back off the cutter head and struck the ee in the RT eye and nose. It was reported that the ee had his safety glasses on and they were knocked off and/or broken.
December 1, 2010
WV · Coal
bull gang foreman, labor foreman, leadman, section foreman, shift boss
SLIP OR FALL OF PERSON
Atlantic Leaseco, LLC · Over-exertion (Not Elsewhere Classified)
Employee was crossing the #5 belt when he slipped and started to fall. He had a hold of a belt chain with his left hand and while trying to catch himself he pulled his left shoulder. The mine was idle and the belts were all off.
Atlantic Leaseco, LLC · Caught in, under or between a moving and a stationary object
Employee was cutting side boards off #2 s/c he was up in the boom of the s/c and step backwards causing him to slip. His leg went between a brace across the end of the boom and the conveyor chain, this cause a bruise to the left leg.
Atlantic Leaseco, LLC · Struck by flying object
EE was watching miner cut in the #5 entry. While observing the miner, a small piece of rock was thrown back off the cutter head, striking him in the right eye. Rock went under and around by the side of his safety glasses.
2009 · 2 incidents
Atlantic Leaseco, LLC · Contact with electrical current
EE was trouble shooting in miner panel when right elbow came in contact with 1 phase of 990 volts. He continued to work for approx 1 hr when he said he felt funny and was going to hospital and get checked out.
Atlantic Leaseco, LLC · Struck by... (Not Elsewhere Classified)
EE was using a razor knife cutting car cable splice open when the knife slipped off of the cable cutting EE's right leg above the knee.