Mining Incidents

Blue Pennant Transfer: 1 recorded fatality Coal

Sylvester, Boone County, WV  ·  Abandoned
MSHA Mine ID: 4608108

Blue Pennant Transfer has $7K in proposed MSHA penalties and $0 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
26
Years on record
1992–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2000
47
citations
18
significant & substantial
$6,695
proposed penalties
$6,637
paid to date
99% of proposed penalties paid to date, a $58 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
50
inspections on record
798
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: 798 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 Pennant Transfer has $7K in proposed MSHA penalties and $0 outstanding across 4 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.
$7K
proposed penalties
$7K
current assessed
$7K
paid to date
$0
outstanding
46 assessments are final orders; 4 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2014-02-20.
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.
38.3%
significant & substantial
10.6%
high negligence or reckless
38.3%
reasonably likely or greater
23.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.3% low, 85.1% moderate, 10.6% 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.
7 citations taken to the federal commission · 15% of citations on record
  • Settled 2 · 29%
  • Stood as issued 5 · 71%
71%
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 7 decided S&S contests · industry: 79%
3%
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 2011-04-26.
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 2010-573 Dismissal Lesnick 2012 $1K → $1K
WEVA 2009-1538 Dismissal McCarthy 2011 $352 → $294
WEVA 2010-49 Settlement McCarthy 2011 $263 → $263
WEVA 2011-1606 Dismissal Lesnick 2012 $176 → $176
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Blue Pennant Transfer shows 100% of 22 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: 2013-06-25, 13 years ago
100%
within 1.5 mg/m3
22
samples
0.89
dust max (mg/m3)
22 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR18
  • UTILITY MAN2
  • SCALPER-SCREEN OPERATOR1

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: 2012-12-12, 13 years ago
0%
over PEL
9
samples
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • MAINTENANCE FOREMAN1
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% 1
2012 100% 3
2011 100% 2
2010 100% 2
2009 100% 1
2007 100% 2
2006 100% 1
2005 100% 2
2003 100% 2
2002 100% 2
2001 100% 2
2000 100% 2
Noise by year
Year over PEL samples
2012 0% 2
2011 0% 1
2009 0% 5
2003 0% 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Blue Pennant Transfer recorded 3.94 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.
3.94
total case rate
0.00
days-away rate
0.000
fatality rate
About 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 * 3.94 0.00 0.000
2010 * 3.42 3.42 0.000
2009 * 0.00 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
  1. Elk Run Coal Company Inc 1991 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2014 2
2013 4
2012 5
2011 21
2010 27
2009 11
2008 2
2007 4
2006 7
2005 4
2004 4
2003 6
2002 2
2001 5
2000 5
Source: MSHA quarterly employment and production, updated weekly.

Blue Pennant Transfer sits in Boone County, West Virginia, where the Census mining category is 10.1% 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.
Boone County, West Virginia · Population 21,312
10.1%
Mining share of county employment
$56,152
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
2014 Q2 1,412 0 0 0.0
2014 Q1 1,460 1 0 684.9
2013 Q4 1,681 0 0 0.0
2013 Q3 2,472 0 0 0.0
2013 Q2 2,801 1 0 357.0
2013 Q1 3,450 0 0 0.0
2012 Q4 2,395 1 0 417.5
2012 Q3 2,885 1 1 346.6
Show 49 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q2 1,764 4 1 2267.6
2012 Q1 2,624 0 0 0.0
2011 Q4 1,152 0 0 0.0
2011 Q3 2,304 1 1 434.0
2011 Q2 22,787 0 0 0.0
2011 Q1 24,533 2 1 81.5
2010 Q4 19,702 0 0 0.0
2010 Q3 21,225 0 0 0.0
2010 Q2 7,639 0 0 0.0
2010 Q1 9,917 0 0 0.0
2009 Q4 7,770 5 3 643.5
2009 Q3 8,869 2 0 225.5
2009 Q2 6,774 1 0 147.6
2009 Q1 2,007 2 1 996.5
2008 Q4 1,998 0 0 0.0
2008 Q3 1,421 2 0 1407.5
2008 Q2 0 0 0
2008 Q1 2,138 0 0 0.0
2007 Q4 2,009 2 2 995.5
2007 Q3 2,183 0 0 0.0
2007 Q2 3,053 0 0 0.0
2007 Q1 888 1 1 1126.1
2006 Q4 2,332 0 0 0.0
2006 Q3 2,928 1 1 341.5
2006 Q2 3,852 0 0 0.0
2006 Q1 10,582 1 0 94.5
2005 Q4 1,755 0 0 0.0
2005 Q3 1,776 3 0 1689.2
2005 Q1 1,675 0 0 0.0
2004 Q4 1,587 0 0 0.0
2004 Q3 3,005 0 0 0.0
2004 Q2 3,037 0 0 0.0
2004 Q1 2,687 1 1 372.2
2003 Q4 2,651 0 0 0.0
2003 Q3 3,853 1 1 259.5
2003 Q2 3,568 0 0 0.0
2003 Q1 3,566 2 0 560.9
2002 Q4 0 0 0
2002 Q3 1,499 1 0 667.1
2002 Q2 2,095 0 0 0.0
2002 Q1 2,020 5 2 2475.2
2001 Q4 3,099 0 0 0.0
2001 Q3 2,899 0 0 0.0
2001 Q2 2,467 0 0 0.0
2001 Q1 2,529 3 2 1186.2
2000 Q4 2,523 0 0 0.0
2000 Q3 2,552 0 0 0.0
2000 Q2 2,374 0 0 0.0
2000 Q1 3,052 3 0 983.0

Fatalities at this mine

1 recorded
May 13, 1997 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman Fatality · ELECTRICAL
Elk Run Coal Company Inc · Contact with electrical current

CRANE CABLES CAME IN CONTACT WITH POWER LINES.

Reportable incidents

25 on file (excluding fatalities above)

2013 · 1 incident

April 10, 2013 WV · Coal examiner, fire boss, pre-shift examiner, mine examiner HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion in lifting objects

Employee stated that he was loading 50ft rolls of water line onto the back of a flat bed truck when he felt something pull in the lower abdomen area.

2012 · 1 incident

October 11, 2012 WV · Coal examiner, fire boss, pre-shift examiner, mine examiner HANDLING OF MATERIALS
Elk Run Coal Company Inc · Caught in, under or between a moving and a stationary object

A load of track bars came in at the high line crews office and they were falling off the truck. EE went down there to reload them. As he was reloading them, he had slide his hand down the bar when a sliver of metal punctured his left hand.

2011 · 1 incident

April 5, 2011 WV · Coal belt vulcanizer HANDLING OF MATERIALS
Elk Run Coal Company Inc · Struck by... (Not Elsewhere Classified)

Belt vulcanizer was cutting conveyor belt. When he finished, he put the knife in his pocket. The blade was not completely retracted and cut his leg. He was undecided about going to the doctor at the time of the accident. It was learned on 4/21/11 that he had received stitches but missed no work.

2010 · 1 incident

February 3, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion in lifting objects

EE was loading a roll of 3/8" steel rope onto the #2 digger truck. He turned to put the wire into the truck and felt severe pain in his lower back and down his right leg. He worked until 4/14/2010 and went off work until 7/6/10.

2005 · 2 incidents

August 8, 2005 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Elk Run Coal Company Inc · Struck by... (Not Elsewhere Classified)

EE WAS IN THE PROCESS OF STRAIGHTENING TOP STRUCTURE USING A HAMMER TO ANGLE STRUCTURE. HE DERW THE HAMMER BACK, STRUCK HIS HAND AGAINST 4" WATER LINE COUPLING AND CAUSED A FRACTURE TO HIS LITTLE FINGER. NO STITCHES WERE NEEDED, HE DID NOT MISS ANY DAYS DUE TO INJURY

July 13, 2005 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor OTHER
Elk Run Coal Company Inc · Unclassified, insufficient data

Employee has worked in and around coal mines for 25 years. He has been diagnosed with an occupational illness (repeated trauma/degenerative disc disease) of the lumbar spine. He has not missed any scheduled work. This is a degree 6 occupational illness.

2003 · 1 incident

May 16, 2003 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion in lifting objects

EMPLOYEE WAS LIFTING AN OXYGEN CYLINDER IN ANTICIPATION OF LOADING IT TO MOVE TO ANOTHER LOCATION ON SITE.

2002 · 1 incident

April 24, 2002 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Elk Run Coal Company Inc · Struck by... (Not Elsewhere Classified)

CRANE OPERATOR WAS CENTERING OVER LIFT, ONE HOOK ON SPREADER CAUGHT ON EDGE OF LIFT AND RELEASED STRIKING EE ON LEFT SIDE OF HEAD.

2000 · 1 incident

May 1, 2000 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Elk Run Coal Company Inc · Struck by... (Not Elsewhere Classified)

TAKING BELTS OUT OF FEEDER WHEN SOCKET SLIPPED OFF AND POWER HANDLE STRUCK HIM IN CHEST/RIB AREA.

1999 · 1 incident

November 15, 1999 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger DISORDERS (REPEATED TRAUMA)
Elk Run Coal Company Inc · Over-exertion (Not Elsewhere Classified)

WORKING IN AND AROUND COAL MINES FOR APPROXIMATELY 28 YEARS EE WAS OFFICIALLY DIAGNOSED WITH CARPAL TUNNEL ON 11-15-99. IT WAS BROUGHT TO MY ATTENTION ON 1-3-00.

1998 · 2 incidents

November 19, 1998 WV · Coal MACHINERY
Elk Run Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

WORKING FROM A MAN CAGE EE WAS TORCH CUTTING A CHUTE LINER. AS THE CUT WAS COMPLETED THE SUSPENDED (BOOME TRUCK) LINER TWISTED & CAUGHT THE LEFT HAND BETWEEN THE MAN CAGE & LINER

August 30, 1998 WV · Coal MACHINERY
Elk Run Coal Company Inc · Contact with hot objects or substances

WHILE CUTTING STEEL WITH A CUTTING TORCH ADJACENT TO CONCRETE, THE HEATED CONCRETE POPPED SENDING A SMALL PIECE OF HEATED CONTRETE UNDER SAFETY GLASSES AND INTO LEFT EYE T

1996 · 3 incidents

November 17, 1996 WV · Coal HANDTOOLS (NONPOWERED)
Elk Run Coal Company Inc · Struck by flying object

THE EE WAS USING A RED DEVIL ROPE HOIST WHEN THEACCIDENT OCCURRED. HE HAD THE ROPE HOIST HOOKED TO THE BELT CONVEYOR & TIGHTENING THE ROPE ON THE HOIST WHEN THE BAR SLIPPED OUT OF THE HOIST & HIT HIM IN THE MOUTH. THIS RESULTED IN A LACERATION REQUIRING STITCHES. THIS IS A DEGREE 6, CLASSIFICATION 10, NON-INTERMEDIATE INJURY.

January 10, 1996 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Elk Run Coal Company Inc · Fall to the walkway or working surface

DRIVER EXITED THE TRUCK THAT HE WAS OPERATING. WHEN HE STARTED TO THE SCALE HOUSE, HE SLIPPED AND FELL.

January 4, 1996 WV · Coal OTHER
Elk Run Coal Company Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS WORKING ON CONCRETE. A FOREIGN OBJECT CAUSED PAIN IN HIS LEFT EYE.

1995 · 1 incident

April 30, 1995 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion in lifting objects

EE BENT OVER TO PICK UP A PIECE OF IRON FROM THE GROUND WHICH WEIGHED APPROX. 100#. HE RECEIVED A STRAINED BACK.

1994 · 1 incident

1993 · 5 incidents

September 30, 1993 WV · Coal MACHINERY
Elk Run Coal Company Inc · Contact with hot objects or substances

EMPLOYEE WAS LYING ON HIS SIDE USING A TORCH. HOT SLAG FELL INTO HIS RIGHT EAR. HE RECEIVED A 2ND DEGREE BURN TO THE FLOOR OF HIS EAR CANAL.

July 21, 1993 WV · Coal MACHINERY
Elk Run Coal Company Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS GATHERING OXYGEN TANKS TO BE LIFTED INTO PLACE BY A BOOM TRUCK. THE OPERATOR OF THE BOOMT RUCK WAS EXTENDING THE OUT RIGGERS AND SET THE OUTRIGGER DOWN ON EMPLOYEES FOOT. HE REC EIVED A MASHED FOOT.

June 29, 1993 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Elk Run Coal Company Inc · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS REMOVING A BELT CLASMP FROM A CONVEYOR BELT. THE CLAMP DROPPED DOWN AND TRAPPED HIS FINGER BETWEEN THE BELT CLAMP AND A STEEL BEAM. HE RECEIVED A LACERATION TO HIS INDEX FINGER - LEFT HAND.

1992 · 3 incidents

October 23, 1992 WV · Coal HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS INSIDE A FEEDER WORKING AND WHEN HE WAS COMING OUT, HE USED HIS HANDS TO HELP LIFT HIMSELF UP AND OUT OF THE FEEDER, AND HURT HIS LOWER BACK.

September 21, 1992 WV · Coal HANDLING OF MATERIALS
Elk Run Coal Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE REPORTS THAT HE WAS DIGGING HOLES ON JOB SITE APPROX. 9-21-92. HE REPORTS THAT HE HURT HIS BACK BUT DID NOT TELL HIS SUPERVISOR UNTIL A WEEK LATER. HIS BACK WAS HURTING, BUT MADE NO FURTHER MENTION.