CV#4 Surface Mine has $236K in proposed MSHA penalties and $36K outstanding across 22 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
33
Years on record
2006–2013
Latest incident
Apr 2013
Compliance record
MSHA citations since 2007
331
citations
140
significant & substantial
$236,230
proposed penalties
$132,311
paid to date
56% of proposed penalties paid to date, a $103,919 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.
331 citations across 3,757 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
ⓘA Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-07-19.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.
CV#4 Surface Mine has $236K in proposed MSHA penalties and $36K outstanding across 22 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.
$236K
proposed penalties
$169K
current assessed
$132K
paid to date
$36K
outstanding
316 assessments are final orders; 22 contested dockets.
Of $155K in penalties contested before the Commission, $85K was upheld in final decisions.
As of the most recent assessment on 2025-07-09.
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.
61citations taken to the federal commission · 18% of citations on record
Settled
60 · 98%
Vacated or withdrawn
1 · 2%
74%
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 53 decided S&S contests · industry: 79%
45%
Penalty reduction in decided contests
$155K proposed, $85K 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 2020-05-14.
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 CV#4 Surface Mine shows 100% of 193 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: 2025-06-10
100%
within 1.5 mg/m3
193
samples
0.73
dust max (mg/m3)
0
over MSHA ECV
ⓘThe excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
143 samples taken by MSHA inspectors, 50 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.
CV#4 Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2023.
Injury rate, 2023
ⓘ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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.17 and the all-US-mining average was 2.10 cases per 100 workers.
In West Virginia, coal mining averaged 3.54 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
2023 *
0.00
0.00
0.000
2017 *
0.00
0.00
0.000
2015 *
0.00
0.00
0.000
2014 *
0.00
0.00
0.000
2013 *
9.27
9.27
0.000
2012 *
0.00
0.00
0.000
2011 *
2.24
0.00
0.000
2010
4.76
4.76
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)
2025
7
2024
8
2023
23
12,885
2022
9
2021
13
44,499
2020
17
3,120
2019
30
22,462
2018
11
22,506
2017
11
40,343
2016
7
23,687
2015
18
65,548
2014
30
165,501
2013
12
628
2012
17
6,400
2011
44
140,548
2010
61
572,557
2009
53
549,432
2008
46
540,078
2007
57
1,105,517
2006
7
39,891
2005
0
Source: MSHA quarterly employment and production, updated weekly.
CV#4 Surface Mine 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
2025 Q1
3,552
0
0
0.0
2024 Q4
3,560
0
0
0.0
2024 Q3
3,936
0
0
0.0
2024 Q2
5,648
0
0
0.0
2024 Q1
5,734
0
0
0.0
2023 Q4
9,056
2
0
220.8
2023 Q3
17,728
1
0
56.4
2023 Q2
14,881
2
1
134.4
Show 68 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2023 Q1
8,721
0
0
0.0
2022 Q4
4,997
1
0
200.1
2022 Q3
4,858
0
0
0.0
2022 Q2
4,628
1
0
216.1
2022 Q1
4,962
7
2
1410.7
2021 Q4
3,360
0
0
0.0
2021 Q3
7,120
3
0
421.3
2021 Q2
7,680
0
0
0.0
2020 Q4
8,160
0
0
0.0
2020 Q2
1,240
0
0
0.0
2020 Q1
12,880
1
0
77.6
2019 Q4
25,800
0
0
0.0
2019 Q3
18,600
4
2
215.1
2019 Q1
5,907
6
2
1015.7
2018 Q4
5,760
0
0
0.0
2018 Q2
5,610
0
0
0.0
2018 Q1
4,725
3
0
634.9
2017 Q4
4,800
0
0
0.0
2017 Q3
5,280
3
2
568.2
2017 Q2
5,720
0
0
0.0
2017 Q1
6,500
4
1
615.4
2016 Q4
4,320
0
0
0.0
2016 Q3
3,954
5
0
1264.5
2016 Q2
4,160
0
0
0.0
2016 Q1
1,230
4
0
3252.0
2015 Q4
0
0
0
2015 Q3
0
19
1
2015 Q2
18,024
9
4
499.3
2015 Q1
24,264
6
3
247.3
2014 Q4
30,132
0
0
0.0
2014 Q3
22,510
2
1
88.8
2014 Q2
12,714
0
0
0.0
2014 Q1
4,968
0
0
0.0
2013 Q4
6,332
1
0
157.9
2013 Q3
5,253
7
5
1332.6
2013 Q2
7,362
1
1
135.8
2013 Q1
2,627
2
0
761.3
2012 Q4
3,764
0
0
0.0
2012 Q3
4,682
0
0
0.0
2012 Q2
7,765
0
0
0.0
2012 Q1
8,464
1
1
118.1
2011 Q4
34,444
0
0
0.0
2011 Q3
17,297
7
5
404.7
2011 Q2
11,196
0
0
0.0
2011 Q1
26,411
15
10
567.9
2010 Q4
47,911
0
0
0.0
2010 Q3
46,391
3
1
64.7
2010 Q2
35,756
15
5
419.5
2010 Q1
37,939
8
4
210.9
2009 Q4
40,969
1
1
24.4
2009 Q3
41,536
19
12
457.4
2009 Q2
17,567
2
0
113.8
2009 Q1
28,361
39
18
1375.1
2008 Q4
20,383
1
0
49.1
2008 Q3
30,218
17
7
562.6
2008 Q2
24,925
0
0
0.0
2008 Q1
32,019
2
0
62.5
2007 Q4
22,675
11
7
485.1
2007 Q3
41,792
3
3
71.8
2007 Q2
34,596
1
1
28.9
2007 Q1
38,078
2
2
52.5
2006 Q4
6,704
0
0
0.0
2006 Q3
0
0
0
2006 Q2
0
0
0
2006 Q1
0
0
0
2005 Q4
0
0
0
2005 Q3
0
0
0
2005 Q2
0
0
0
No fatalities recorded at this mine.
Reportable incidents
33 on file
2013 · 1 incident
April 9, 2013WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerSLIP OR FALL OF PERSON
Employee was dismounting the D9 dozer with both hands carrying tools. He stepped onto the push arm & slipped striking both shins on the push arm and subsequently falling to the ground striking his head. He declined first aid medical treatment on 4-9-13. He went to Boon Memorial Hospital on 4-10-13 where he was treated by the E.R. physician and released to return to work 4-17-13.
2012 · 1 incident
April 24, 2012WV · Coalminer, prospector, necELECTRICAL
EE was pulling hydro seeding hose over steep hill. He lost his footing and fell to the ground and hit his head as he rolled to the bottom of the ditch.
January 21, 2011WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDTOOLS (NONPOWERED)
EE's were attempting to drive a wedge in powerhead with hammers. EE slipped and as he caught himself, left hand slid across powerhead, causing hammer to strike hand.
2010 · 6 incidents
August 17, 2010WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE
While picking up a bucket of refuge EE was curling his bucket in the pile and the rear wheels came off of the ground and then came down hard causing the seat to bottom out. EE states that he felt pain in his lower back.
July 20, 2010WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE
EE was feeding the raw coal feeder with a 980 Loader. As he approached the feeder at a right angle, he caught the rt. corner of the feeder with the lt. corner of the loader bucket. EE stated that when he hit his forward momentum was stopped by the seat belt causing pain to his lower back.
June 21, 2010WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanSLIP OR FALL OF PERSON
Employee was standing on cutterhead of Miner when cutterhead came unlatched from powerhead of Miner. When it came loose, it went up in the air approximately 4 feet causing him to fall down on top of cutterhead.
While providing services for Frasure Creek #7 and under the management of Frasure Creek #7 an accident occurred on 6/21/10. The cutter head came unclipped from the power head and resulted in a slip and fall no serious injury only first aid was required and returned back to work on 6/24/10
Employee was trying to get a fan hub off of a fan motor with a hammer and punch. When he was striking punch with hammer a piece of hub came off and struck him in the hand.
October 8, 2009WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerOTHER
Coal truck driver was coming out of pit where there was a rut, driver straddled rut and overturned. Driver said he was dizzy got emt to him they looked at him ,gave him oxygen, called 911 for ambulance.
March 18, 2009WV · Coalbulldozer operator, universal operator, heavy equipment operator, operating engineerMACHINERY
Dozer was tramming out of shot. Got to the bottom of shot and dropped over a ledge approx 4 feet in height. Operator had his seat belt on. Said it twisted him.
Stepping upon the excavator. He was holding onto the handrail stepping up on the excavator. When he stepped up and put weight on his leg his knee gave away.
January 12, 2009WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techMACHINERY
Fire started by a backdraft or chimney draw on 2 SDRII plastic pipes. One which was an 8", was being moved and the opening of the 8" plated. Fire was pulled up thru the 14" & 8" pipe as well. This is odd, but possible, so we have started the practice of removing the existing pipe when welding or cutting on the kill box,
December 1, 2008WV · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverHANDLING OF MATERIALS
Pre-shifted his truck and then went to wipe off the mirror. The truck had welding done on the bed over the weekend. A piece of metal was left hanging down and injured hit his head on the metal cutting his head.
Taking transmission filter off of 988H. Spun the filter off and fell into bucket and pinched finger. Worked his full shift on 7/26/08 came in on 7/28/08 worked a couple of hours and went to the doctor. Took off 7/29/08, came back to work on 7/30/08.
July 7, 2008WV · Coalgreaser, grease man, oiler, lube man, dragline oilerHANDLING OF MATERIALS
Employee was attempting to move a large rock from parking area when he lost his grip letting rock fall on ankle. Rock was muddy and wet. Employee was the grease truck operator and his hands were greasy and slick.
May 1, 2008WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDTOOLS (NONPOWERED)
EE was attempting to knock a bit out of a SHM cutter head with a ball peen hammer. As he missed, he struck himself on the left thumb. He had some light swelling and discoloration. We applied ice and advised medical attention.
April 12, 2008WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE
992 operator was helping move large rock out of pit; bucket slipped off the rock, operator stated that it bounced him up and the seatbelt caught him. Slung him back down and he hit his left elbow against joystick controller.
March 27, 2008WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorSLIP OR FALL OF PERSON
Employee was operating Komatsu 430 fork loader for HWM. As he was shoveling a push beam (it had misted a light rain) he attempted to step off beam and slipped and fell. As he tried to catch himself, he landed on his left hand.
February 6, 2008WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSLIP OR FALL OF PERSON
EE was moving beam augers from pit #12 to the parts container. He was dumping them off his forks, when an auger slid off the forks and came through the front windshield. Busted out the windshield and EE got glass in his eyes from the windshield.
May 29, 2007WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorPOWERED HAULAGE