Mining Incidents

Blue Grass: 78 MSHA citations Metal/Non-Metal

Bingamon Corp · Surface
Controlled by William J Salerno
Peoria, Harrison County, WV  ·  Abandoned
MSHA Mine ID: 4608978

Blue Grass has $24K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2002
Latest incident
Dec 2002
Compliance record
MSHA citations since 2003
78
citations
21
significant & substantial
$24,057
proposed penalties
$19,303
paid to date
80% of proposed penalties paid to date, a $4,754 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
10
inspections on record
250
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: 250 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Blue Grass has $24K in proposed MSHA penalties and $0 outstanding across 6 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.
$24K
proposed penalties
$19K
current assessed
$19K
paid to date
$0
outstanding
73 assessments are final orders; 6 contested dockets.
Of $19K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2006-03-14.
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.
28.8%
significant & substantial
31.5%
high negligence or reckless
28.8%
reasonably likely or greater
76.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.2% low, 60.3% moderate, 31.5% 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.
20 citations taken to the federal commission · 26% of citations on record
  • Settled 14 · 70%
  • Stood as issued 6 · 30%
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 13 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$18K proposed, $13K 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 2006-06-19.
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 2006-73M Settlement Barbour 2006 $10K → $6K
WEVA 2006-314 Settlement Lesnick 2006 $3K → $3K
WEVA 2006-49M Default Lesnick 2006 $3K → $3K
WEVA 2006-34M Settlement Lesnick 2006 $1K → $180
WEVA 2006-664M Default Lesnick 2006 $723 → $723
WEVA 2004-20 Settlement Lesnick 2004 $570 → $456
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
Ownership history
  1. Bingamon Corp 2003 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2006 3
2005 2
2004 2
2003 4
2002 7
Source: MSHA quarterly employment and production, updated weekly.

Blue Grass sits in Harrison County, West Virginia, where the Census mining category is 2.9% 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.
Harrison County, West Virginia · Population 65,407
2.9%
Mining share of county employment
$58,326
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
2006 Q4 650 0 0 0.0
2006 Q3 750 0 0 0.0
2006 Q2 2,112 0 0 0.0
2006 Q1 865 2 1 2312.1
2005 Q4 1,008 0 0 0.0
2005 Q3 975 58 14 59487.2
2005 Q2 720 0 0 0.0
2005 Q1 0 0 0
Show 9 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q4 0 0 0
2004 Q3 864 0 0 0.0
2004 Q2 630 0 0 0.0
2004 Q1 0 0 0
2003 Q4 1,977 9 1 4552.4
2003 Q3 768 9 5 11718.8
2003 Q2 250 0 0 0.0
2003 Q1 650 0 0 0.0
2002 Q4 2,049 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2002 · 1 incident

December 23, 2002 WV · Metal/Non-Metal welder (shop) MACHINERY
Unknown operator · Contact with hot objects or substances

WINDY; PLEASANT; SUNNY MID TO LOWER 40 DEGREES. EMPLOYEE CUTTING EXHAUST PIPE WHEN SPARKS CAUGHT SHIRT ON FIRE. REMOVED CLOVES TO REMOVE SHIRTS. FINGER TIPS DAMAGED WHILE DOING THIS. EMPLOYEE BEING TREATED AT WVU HOSPITAL.