Mining Incidents

Coalburg No. 2 Mine: 284 MSHA citations Coal

Emerald Processing, LLC. · Underground
Controlled by Patriot Coal Corporation
Comfort, Kanawha County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609231

Coalburg No. 2 Mine has $168K 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
21
Years on record
2009–2012
Latest incident
Feb 2012
Compliance record
MSHA citations since 2008
284
citations
66
significant & substantial
$168,416
proposed penalties
$127,989
paid to date
76% of proposed penalties paid to date, a $40,427 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
31
inspections on record
2,850
inspection hours
10.0
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.
284 citations across 2,850 inspection hours.
Source: MSHA inspections data, updated weekly.

Coalburg No. 2 Mine has $168K 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.
$168K
proposed penalties
$128K
current assessed
$128K
paid to date
$0
outstanding
279 assessments are final orders; 15 contested dockets.
Of $108K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2012-07-26.
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.
23.7%
significant & substantial
8.6%
high negligence or reckless
24.4%
reasonably likely or greater
23.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 10.0% low, 81.4% moderate, 8.6% 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.
60 citations taken to the federal commission · 21% of citations on record
  • Settled 60 · 100%
89%
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 44 decided S&S contests · industry: 79%
37%
Penalty reduction in decided contests
$108K proposed, $67K 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 2012-11-02.
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 2012-85 Settlement Gill 2014 $31K → $21K
WEVA 2012-449 Settlement Gill 2014 $16K → $10K
WEVA 2010-1405 Settlement Gill 2013 $12K → $8K
WEVA 2010-524 Settlement Gill 2011 $11K → $6K
WEVA 2011-284 Settlement Steele 2012 $10K → $7K
WEVA 2011-283 Settlement Gill 2013 $8K → $207
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Coalburg No. 2 Mine shows 96% of 371 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: 2012-01-18, 14 years ago
96%
within 1.5 mg/m3
371
samples
4.63
dust max (mg/m3)
162 samples taken by MSHA inspectors, 209 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR222
  • ROOF BOLTER (SINGLE HEAD)46
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)34

Silica (quartz)

Last sampled: 2010-10-22, 15 years ago
8.0
silica avg (%)
8
samples
12.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR8

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: 2011-10-24, 14 years ago
26%
over PEL
34
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)11
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)9
  • CONTINUOUS MINER OPERATOR7
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
2012 100% 10
2011 99% 101
2010 99% 110
2009 92% 104
2008 93% 46
Silica (quartz) by year
Year silica avg (%) samples
2010 8.3 3
2009 7.6 3
2008 8.1 2
Noise by year
Year over PEL samples
2011 0% 4
2010 27% 15
2009 40% 5
2008 30% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Coalburg No. 2 Mine recorded 4.44 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.
4.44
total case rate
4.44
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.
Year total case rate days-away fatal
2011 4.44 4.44 0.000
2010 6.75 6.75 0.000
2009 6.72 5.04 0.000
2008 * 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. Newtown Energy, Inc. 2007 to 2014
  2. Emerald Processing, LLC. 2014 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 15 48,977
2011 61 564,967
2010 68 647,746
2009 58 599,857
2008 17 266,210
Source: MSHA quarterly employment and production, updated weekly.

Coalburg No. 2 Mine sits in Kanawha County, West Virginia, where the Census mining category is 1.9% 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.
Kanawha County, West Virginia · Population 178,198
1.9%
Mining share of county employment
$58,887
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 2,347 0 0 0.0
2012 Q2 3,766 1 0 265.5
2012 Q1 18,042 5 0 277.1
2011 Q4 33,673 9 1 267.3
2011 Q3 36,900 37 17 1002.7
2011 Q2 30,892 7 2 226.6
2011 Q1 33,820 18 3 532.2
2010 Q4 32,221 19 4 589.7
Show 11 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q3 38,438 14 3 364.2
2010 Q2 37,608 26 5 691.3
2010 Q1 39,793 30 3 753.9
2009 Q4 35,122 47 4 1338.2
2009 Q3 36,157 14 4 387.2
2009 Q2 25,512 7 1 274.4
2009 Q1 22,342 2 1 89.5
2008 Q4 16,830 2 1 118.8
2008 Q3 12,712 8 3 629.3
2008 Q2 7,155 4 0 559.0
2008 Q1 886 2 2 2257.3
No fatalities recorded at this mine.

Reportable incidents

21 on file

2012 · 2 incidents

February 15, 2012 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Newtown Energy, Inc. · Struck against a moving object

Injured was operating shuttle car and hit knee against deck.

January 24, 2012 WV · Coal utility man, errand boy, service truck operator SLIP OR FALL OF PERSON
Newtown Energy, Inc. · Over-exertion (Not Elsewhere Classified)

Injured was walking down belt line and left knee gave out.

2011 · 5 incidents

December 12, 2011 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion in lifting objects

Injured strained back while lifting miner cable. Did not report until 12/14/11 - Started missing 12/13/11.

May 3, 2011 WV · Coal rodman, surveyor/transit helper STEPPING OR KNEELING ON OBJECT
Newtown Energy, Inc. · Struck against stationary object

Employee reported that he stepped off a mantrip into water and stepped on a piece of rock or coal and twisted his right ankle.

April 11, 2011 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Newtown Energy, Inc. · Struck by... (Not Elsewhere Classified)

Employee was reach on a roof bolter and cut arm on mine strap.

April 1, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion (Not Elsewhere Classified)

Injured was loading resin on roof bolter when he felt pain in chest.

January 8, 2011 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion in pulling or pushing objects

Injured was moving miner cable when he felt pain in back. Did not start missing until 1/17/2011

2010 · 9 incidents

November 11, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion in lifting objects

Injured was picking up lifting jack for bolter and stained groin area. Did not start missing until 12/6/10.

November 11, 2010 WV · Coal FALL OF ROOF OR BACK
Newtown Energy, Inc. · Accident type, without injuries

Fall discovered in outby entry - approximately 4' thick x 50-60' long x 18' wide approximately 3000 ft outby 2 section between #7 - 8 entry.

September 16, 2010 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Newtown Energy, Inc. · Struck by powered moving object

Injured had gotten off shuttle car to check cable when miner backed up hitting car causing car to hit operator.

September 8, 2010 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion in lifting objects

Injured was lifting belt structure when he strained lower back.

June 1, 2010 WV · Coal FALL OF ROOF OR BACK
Newtown Energy, Inc. · Accident type, without injuries

Fall in intersection on 1A belt (crosscut between #3 & 4 entry) - BRK 10-1-A Fall was approximately 18w x 40l x 4-5h.

March 1, 2010 WV · Coal electrician, lineman HANDLING OF MATERIALS
Newtown Energy, Inc. · Over-exertion in lifting objects

Injured was loading shear jack for miner and felt pain in neck and right shoulder. *Did not start missing work until 6/8/10.

2009 · 5 incidents

August 12, 2009 WV · Coal utility man, errand boy, service truck operator FALL OF ROOF OR BACK
Newtown Energy, Inc. · Struck by falling object

Injured was drilling top whose piece of coal/roll fell striking right hand middle finger which was on canopy lever

July 27, 2009 WV · Coal utility man, errand boy, service truck operator MACHINERY
Newtown Energy, Inc. · Flash burns (welding)

Injured was welding and let arc burn eyes.

July 7, 2009 WV · Coal FALL OF ROOF OR BACK
Newtown Energy, Inc. · Accident type, without injuries

Roof fall approximately 19'W x 20'L x 5-6'H in #2 entry 1 brk inby spad 324. The area had been bolted with 5' mechanical anchor resin assisted bolts. Fall creates no hazard.

February 5, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Newtown Energy, Inc. · Struck by falling object

Injured was drilling top when piece of metal came off steel and became imbedded in eye.