Mining Incidents

Deep Mine No 15: 321 MSHA citations Coal

Resilient Mining, LLC · Underground
Controlled by John T Quintrell
Page, Fayette County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609209

Deep Mine No 15 has $454K in proposed MSHA penalties and $348K outstanding across 23 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
31
Years on record
2008–2015
Latest incident
Jan 2015
Compliance record
MSHA citations since 2008
321
citations
100
significant & substantial
$453,590
proposed penalties
$82,235
paid to date
18% of proposed penalties paid to date, a $371,355 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
67
inspections on record
2,417
inspection hours
13.3
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.
321 citations across 2,417 inspection hours.
Source: MSHA inspections data, updated weekly.

Deep Mine No 15 has $454K in proposed MSHA penalties and $348K outstanding across 23 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.
$454K
proposed penalties
$431K
current assessed
$82K
paid to date
$348K
outstanding
312 assessments are final orders; 23 contested dockets.
Of $409K in penalties contested before the Commission, $386K was upheld in final decisions.
As of the most recent assessment on 2016-08-08.
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.
32.1%
significant & substantial
11.5%
high negligence or reckless
32.1%
reasonably likely or greater
36.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.7% low, 81.7% moderate, 8.7% high, 2.9% 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.
118 citations taken to the federal commission · 37% of citations on record
  • Settled 27 · 23%
  • Stood as issued 91 · 77%
97%
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 71 decided S&S contests · industry: 79%
6%
Penalty reduction in decided contests
$409K proposed, $386K 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 2011-06-02.
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 2009-536 Default Lesnick 2010 $192K → $192K
WEVA 2008-1748 Default Lesnick 2010 $119K → $119K
WEVA 2010-1977 Settlement Harner 2012 $14K → $10K
WEVA 2011-650 Settlement McCarthy 2012 $12K → $9K
WEVA 2009-1896 Settlement McCarthy 2011 $12K → $4K
WEVA 2008-1876 Default Lesnick 2010 $11K → $11K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Deep Mine No 15 shows 95% of 159 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: 2014-12-08, 11 years ago
95%
within 1.5 mg/m3
159
samples
3.71
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.
57 samples taken by MSHA inspectors, 102 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR67
  • ROOF BOLTER (SINGLE HEAD)13
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12

Silica (quartz)

Last sampled: 2015-01-02, 11 years ago
3.6
silica avg (%)
6
samples
7.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3

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: 2014-03-11, 12 years ago
0%
over PEL
26
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR3
  • ELECTRICIAN3
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
2014 100% 12
2013 100% 8
2012 100% 12
2011 100% 6
2010 100% 42
2009 92% 62
2008 82% 17
Silica (quartz) by year
Year silica avg (%) samples
2014 1.6 2
2012 1.4 1
2010 7.3 1
2009 5.6 1
2008 4.2 1
Noise by year
Year over PEL samples
2014 0% 2
2011 0% 8
2010 0% 7
2009 0% 5
2008 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Deep Mine No 15 recorded 37.79 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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.
37.79
total case rate
15.75
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 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
2010 * 37.79 15.75 0.000
2009 * 30.50 18.77 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. Frasure Creek Mining, LLC 2007 to 2007
  2. Shelby Coal Company, Inc. 2007 to 2008
  3. Frasure Creek Mining LLC 2008 to 2023
  4. Resilient Mining, LLC 2023 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)
2016 0
2015 1
2014 2
2013 2
2012 2
2011 5
2010 30 74,196
2009 41 136,996
2008 13 29,989
Source: MSHA quarterly employment and production, updated weekly.

Deep Mine No 15 sits in Fayette County, West Virginia, where the Census mining category is 3.0% 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.
Fayette County, West Virginia · Population 39,987
3.0%
Mining share of county employment
$52,672
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
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 80 0 0 0.0
2015 Q1 320 2 0 6250.0
2014 Q4 1,158 1 1 863.6
2014 Q3 780 4 1 5128.2
2014 Q2 560 5 1 8928.6
Show 25 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q1 456 3 0 6578.9
2013 Q4 560 4 0 7142.9
2013 Q3 784 2 0 2551.0
2013 Q2 1,120 2 0 1785.7
2013 Q1 888 6 0 6756.8
2012 Q4 1,112 6 1 5395.7
2012 Q3 896 7 2 7812.5
2012 Q2 1,120 1 1 892.9
2012 Q1 1,111 0 0 0.0
2011 Q4 1,717 0 0 0.0
2011 Q3 2,029 0 0 0.0
2011 Q2 1,628 3 1 1842.8
2011 Q1 4,765 4 3 839.5
2010 Q4 8,690 15 9 1726.1
2010 Q3 16,393 17 5 1037.0
2010 Q2 19,335 49 9 2534.3
2010 Q1 19,090 24 5 1257.2
2009 Q4 24,282 13 2 535.4
2009 Q3 23,831 16 2 671.4
2009 Q2 16,767 23 7 1371.7
2009 Q1 20,369 9 0 441.8
2008 Q4 12,372 3 2 242.5
2008 Q3 5,697 3 0 526.6
2008 Q2 473 46 29 97251.6
2008 Q1 473 48 16 101479.9
No fatalities recorded at this mine.

Reportable incidents

31 on file

2015 · 1 incident

January 28, 2015 WV · Coal FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Accident type, without injuries

A roof/highwall fall occurred in the number 4 intake fan entry between the end of the fan house and highwall. Fall/slip was approximately 14' wide x 3' thick x 5' high. Fall was not above anchorage.

2010 · 12 incidents

October 15, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

EE was pulling on metal pole on the highline supply sled when the weld broke hitting him in the face.

September 15, 2010 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

EE was tramming scoop on section between #2 and #3 entry when operator's light cord caught a roof bolt plate jerking his head into the canopy of the 488 scoop.

August 16, 2010 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in lifting objects

Was hanging up mier cable when he felt a sharp pain between his shoulder blades.

July 16, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Changing batteries on scoop. Cut top of hand and got battery acid in the cut along with rust.

January 21, 2010 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

Hanging ventilation curtain when 30" X 12" x 1" rock fell from top striking ee in right wrist.

2009 · 13 incidents

December 8, 2009 WV · Coal assayer, geologist, metallurgist, engineer, engineer management POWERED HAULAGE
Frasure Creek Mining LLC · Caught in, under or between a moving and a stationary object

EE was mounting the shuttle car anchor when the shuttle car operator turned the corner the EE was on wrong side and buggy cable pulled against the rib hitting the EE's knee area.

September 23, 2009 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in lifting objects

Lifting belt structure and experienced back strain.

September 10, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Loading bolt supplies on roof bolter and cut left thumb on plates

August 29, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Frasure Creek Mining LLC · Struck by powered moving object

Employee drilled hole in top and steel lodged in hole. As he let down drill pot steel fell, from the hole landing on his left index finger smasheing it against drill chuck.

July 20, 2009 WV · Coal electrician, lineman FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Frasure Creek Mining LLC · Struck by falling object

Hanging miner cable to the #2 miner at the #1 crosscut in front of power center when a piece of rib came out between the timber and the mine roof, catching injury on the left knee pinning him to the bottom

June 27, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Frasure Creek Mining LLC · Struck by powered moving object

Spot bolting between spad #1425-1426. In 3 Lt one break inby feeder rib started to roll out causing co-worker to move to avoid rib hitting inch trap causing bolter to move and run over employee's left foot.

June 9, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Bolt crew was pulling slack when wire holding bolter cable on roof bolt plates began to break resulting cable hitting employee in back of neck.

June 3, 2009 WV · Coal electrician, lineman HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in lifting objects

Putting wet brakes on 488 Scoop on 6/3/09, stained back (lower) and came in to work on 6/4/09, loaded shear hub for feeder with help and felt burning in neck and sharp pain in low back.

May 6, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

Employee tripped and fell off concrete pad approx. 2' into gravel.

March 4, 2009 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in pulling or pushing objects

Was pushing crib blocks under miner when he felt a pull in lower back.

February 17, 2009 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

Small ledge in roadway, s/c ran over it causing the s/c to bounce man into canopy striking his head.

January 21, 2009 WV · Coal apprentice, trainee SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall onto or against objects

Was unloading roof bolts out of scoop bucket when he stepped into scoop bucket and slipped and fell against roof bolts in scoop bucket.

2008 · 5 incidents

December 8, 2008 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in lifting objects

While hanging miner cable across break through employee pushed cable upward, cable came back causing him to twist. He then felt pain in his lower back.

November 10, 2008 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Frasure Creek Mining LLC · Caught in, under or between (Not Elsewhere Classified)

While installing a bottom roller hanger the bottom roller hanger slipped catching EE middle finger between the hanger and the belt rail resulting in his fingernail having to be removed an dstitches in the end of his finger.

November 1, 2008 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

While electrician was attempting to repair a bent guard on a scoop, his hammer slipped causing him to mash his finger.

October 8, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

Operating roof bolter in #3 face; while putting drill steel in drill pot a piece of draw rock fell loose striking operator on his left hand.