Sylvester, Boone County,
WV
·
Abandoned and Sealed
MSHA Mine ID: 4608923
Castle East Portal has $139K in proposed MSHA penalties and $0 outstanding across 19 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
25
Years on record
2003–2008
Latest incident
Jun 2008
Compliance record
MSHA citations since 2003
287
citations
72
significant & substantial
$138,671
proposed penalties
$93,087
paid to date
67% of proposed penalties paid to date, a $45,585 gap.
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.
287 citations across 2,974 inspection hours.
Source: MSHA inspections data, updated weekly.
Castle East Portal has $139K in proposed MSHA penalties and $0 outstanding across 19 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.
$139K
proposed penalties
$93K
current assessed
$93K
paid to date
$0
outstanding
282 assessments are final orders; 19 contested dockets.
Of $106K in penalties contested before the Commission, $60K was upheld in final decisions.
As of the most recent assessment on 2008-12-04.
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.
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.
95citations taken to the federal commission · 33% of citations on record
Settled
91 · 96%
Stood as issued
3 · 3%
Vacated or withdrawn
1 · 1%
41%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 59 decided S&S contests · industry: 79%
44%
Penalty reduction in decided contests
$105K proposed, $59K 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 2008-12-10.
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.
MSHA sampling at Castle East Portal shows 89% of 565 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: 2008-11-14, 17 years ago
89%
within 1.5 mg/m3
565
samples
6.08
dust max (mg/m3)
174 samples taken by MSHA inspectors, 391 by the operator.
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.
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.
Castle East Portal recorded 2.36 reportable injury cases per 100 full-time workers in 2008.
Injury rate, 2008
ⓘ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.
2.36
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 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
2008 *
2.36
0.00
0.000
2007 *
4.62
4.62
0.000
2006 *
4.67
2.33
0.000
2005 *
5.21
2.60
0.000
2004 *
5.10
2.55
0.000
2003 *
10.98
10.98
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.
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)
2008
34
218,715
2007
35
228,907
2006
36
442,075
2005
31
475,335
2004
29
466,262
2003
36
388,152
2001
0
Source: MSHA quarterly employment and production, updated weekly.
Castle East Portal 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
2008 Q4
16,445
1
0
60.8
2008 Q3
23,014
13
3
564.9
2008 Q2
21,894
8
3
365.4
2008 Q1
23,281
21
1
902.0
2007 Q4
18,805
22
9
1169.9
2007 Q3
21,397
66
5
3084.5
2007 Q2
22,843
2
0
87.6
2007 Q1
23,484
3
0
127.7
Show 17 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2006 Q4
20,364
6
1
294.6
2006 Q3
20,887
16
6
766.0
2006 Q2
21,370
6
1
280.8
2006 Q1
23,091
11
5
476.4
2005 Q4
19,623
4
1
203.8
2005 Q3
20,194
11
6
544.7
2005 Q2
19,368
12
4
619.6
2005 Q1
17,620
3
1
170.3
2004 Q4
17,450
11
1
630.4
2004 Q3
19,773
9
7
455.2
2004 Q2
20,043
7
3
349.2
2004 Q1
21,179
14
3
661.0
2003 Q4
19,712
10
3
507.3
2003 Q3
21,869
8
3
365.8
2003 Q2
24,511
6
1
244.8
2003 Q1
25,021
17
5
679.4
2001 Q4
0
0
0
No fatalities recorded at this mine.
Reportable incidents
25 on file
2008 · 2 incidents
June 22, 2008WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS
While marking I-beams to be cut, employee was sliding a beam out of his way to mark the next one when the beam rolled over smashing his right middle finger between two beams. He received six stitches.
An unplanned roof fall occured 2 breaks inby spad # 4684. Ventilation was not affected, no equipment or persons were involved. Fall measured 105' in length, 18' width and 7' height. This area will not be rehabilitated and all entrances have been breakered off.
An unplanned roof fall occurred in the #5 entry 1 break outby spad #4221. Ventilation was not affected, no persons or equipment were involved. Lifeline was rerouted. All approaches have been breakered off. The area will not be rehabilitated. Fall measured 22' long, 20' wide & 4' high.
Member was changing a scoop tire when the tire fell and hit him in the chest and arm. Member continued to work until May 4, 2007 at which time he was examined by a chiropractor who stated that he suspected some disc damage and has him taken off work until the diagnosis is continued; a MRI is scheduled.
An unplanned roof fall occurred on the #6A Belt 1 break outby spad #4223. Approx. 420' from the working face. Fall measured 80'x20'x10'. No injuries. Equipment was involved. Ventilation not affected. Passage of persons was affected. Bolted with 48" glue bolts. MSHA & State were notified immediately. Area has been rehabilitated.
Member was operating roof bolter and was in the process of putting roof bolt in the top, when a piece of rock fell and opened his knife. When he bent down to put up his next bolt, the knife blade cut into his right calf. He received 5 stitches to close the wound.
May 26, 2006WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)SLIP OR FALL OF PERSON
Member was walking towards the #5A tailpiece to clean it out after it had gobbed out, when he stepped on a rock that was in a water hole causing him to fall and twist his left ankle.
2005 · 4 incidents
November 2, 2005WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
An unplanned roof fall occurred ont he 3rt section 2000 feet from the active face. Fall occured in #1,2 and 3 entrys 2 breaks inby spad #1996. Fall measured 75' length, 15' width and 5' height no accidents were reported-ventilation was not affected.
February 24, 2005WV · Coalexaminer, fire boss, pre-shift examiner, mine examinerFALL OF ROOF OR BACK
EE WAS CLEANING UP A PIECE OF ROCK BESIDE BELT LINE WHEN A ROCK FELL (MEASURING 2' LONG X 3" WIDE X 0-0.5" THICK) LANDING ON EE'S LEFT HAND, RESULTING IN A LACERATION. 3 SUTURES REQUIRED.
An unplanned roof fall occurred one break inby spad 1834 and 1823. Approximately 1600' from active face. Area developed January '05. Fall measured 85' length, 20' wide, 4' to 6' high.
2004 · 4 incidents
March 10, 2004WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorPOWERED HAULAGE
MEMBER WAS HAULING COAL FROM MINER TO FEEDER, HIT HOLE IN ROADWAY, AND STRAINED GROIN AREA. ACCIDENT UNDER INVESTIGATION BY COMPANY, MAY REQUEST ACCIDENT BE RESENDED TO DIAGNOSIS OF PHYSICIAN MEMBER DID NOT START MISISNG WORK UNTIL 3-18-04.
AN UNPLANNED ROOF FALL OCCURREVED ON #1 SECTION IN THE #2 ENTRY AT SPAD #821 APPROX. 100 FT FROM THE ACTIVE FACE. THE FALL MEAUSRED 60' LENGTH 14' WIDE AND 4 TO 6' HIGH ALL ENTRANCES HAVE BEEN BREAKERED OFF. THERE WERE NO ACCIDENTS REPORTS
January 14, 2004WV · Coalelectrician, linemanDISORDERS (REPEATED TRAUMA)
EE WAS ABLE TO WORK WITHOUT RESTRICTIONS AFTER INJURY ON 10/25/02 UNTIL 12/9/03 WHEN HE BEGAN COMPLAINING OF BACK PAIN DURING SHIFT. AT APPROX 8:30 PM HE BENT OVER TO PICK UP CONTINUOUS MINER CABLE AND AGAIN FELT PAIN IN HIS LOWER BACK. HE CONTINUED TO WORK UNTIL AROUND 9:30 PM BEFORE HE LEFT WORK TO SEEK TREATMENT AT A LOCAL HOSPITAL. HE MISSED 4 WORKDAYS DUE TO THIS INJURY.
EMPLOYEE WAS LOCATED ON THE OFF SIDE OF THE #4 A BELT BETWEEN 17 & 18 BREAK. HE WAS IN THE PROCESS OF SHOVELING THE WALKWAY WHEN A COAL RIB MEASURING 12' X 5' X 2' FELL STRIKING HIM ON THE LOW ER LEFT LEG, PINCHING HIS LEG BETWEEN THE RIB AND THE BELT STRUCTURE.
CASTLE EAST PORTAL OF ELK RUN COAL CO EXPERIENCED AN UNEXPECTED ROOF FALL AT #1 ENTRY SPAD #424 ON THE MAINS 6000 FT FROM THE ACTICE FACE. SIZE OF FALL WAS LENGTH 50', WIDTH 20', AND HEIGHT 4' TO 6'. THE FALL OCCURRED WITH NO REPORTED INJURIES.
CASTLE EAST PORTAL AT ELK RUN COAL CO. EXPERIENCED A ROOF FALL AT ENTRY #2 SPAD #667 TO OUTBY 120'. THE DISTANCE FROM ACTIVE FACE WAS 200' WITH NO INJURIES REPORTED. THE SIZE OF THE FALL WAS L ENGTH 120' WIDTH 16' HEIGHT 4' TO 6'. NO PASSAGE WAYS OR VENTILATION WAS AFFECTED.
EE WAS PUSHING A 1 1/4" X 4' X 8' PIECE OF SHEET METAL IN THE SCOOP BUCKET IN ORDER TO TRANSPORT IT MORE SECURELY. AS HE WAS PUSHING THE METAL IN, HE STRAINED MUSCLES IN HIS RIGHT SHOULDER AND BACK.
EE WAS RAISING A HINGED SHIELD ON A BROOKEVILLE ULPC-9B MANTRIP IN ORDER TO ACCESS THE BRAKE HEAD COMPARTMENT, WHEN HE FELT A "PULL" OR "STRAIN" IN HIS LOWER BACK HE WAS RAISING THE SHIELD. HE CONTINUED TO WORK UNTIL 8/1/03.
July 10, 2003WV · Coallaborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
TWO EMPLOYEES WERE RECOVERING 1 BREAK OF CONTINENTAL 48" RIGID STRUCTURE FROM A PREVIOUS SECTION SET-UP. AS THEY LIFTED A TOP ROLLER FROM THE BELT RAIL FRAMES, ONE EMPLOYEE COMPLAINED OF PAIN IN THE LEFT SIDE OF HIS BACK.
AN UNPLANNED ROOF FALL OCCURRED IN THE #9 ENTRY 150' OUTBY THE ACTIVE FACE SPAD #379. THE FALL MEASURED 20' L X 19' W X 4 1/2' H. ALL ENTRANCES TO THE FALL HAVE BEEN BREAKERED OFF. THE AREA WI LL NOT BE REHABILITATED.
March 18, 2003WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorFALL OF ROOF OR BACK
EE WAS OPERATING A SHUTTLE CAR. HE TRAMMED HIS SHUTTLE TO THE FEEDER AND BEGAN TO EMPTY HIS LOAD. HE GOT OUT OF THE SHUTTLE CAR TO CHANGE SEATS FOR THE RETURN TRIP TO THE CONTINUOUS MINER WHEN A PIECE OF ROCK FELL FROM THE ROOF, STRIKING EE ON THE LEFT ANKLE.