Mining Incidents

Deskins Mine: 346 MSHA citations Coal

Remington LLC · Underground
Controlled by Patriot Coal Corporation
Ohley, Kanawha County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4608936

Deskins Mine has $216K in proposed MSHA penalties and $0 outstanding across 12 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
2007–2009
Latest incident
Apr 2009
Compliance record
MSHA citations since 2006
346
citations
110
significant & substantial
$215,807
proposed penalties
$139,286
paid to date
65% of proposed penalties paid to date, a $76,521 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
17
inspections on record
1,924
inspection hours
18.0
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.
346 citations across 1,924 inspection hours.
Source: MSHA inspections data, updated weekly.

Deskins Mine has $216K in proposed MSHA penalties and $0 outstanding across 12 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.
$216K
proposed penalties
$139K
current assessed
$139K
paid to date
$0
outstanding
337 assessments are final orders; 12 contested dockets.
Of $160K in penalties contested before the Commission, $76K was upheld in final decisions.
As of the most recent assessment on 2009-03-23.
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.
32.6%
significant & substantial
1.8%
high negligence or reckless
35.3%
reasonably likely or greater
19.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.1% low, 80.1% moderate, 1.8% 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.
91 citations taken to the federal commission · 26% of citations on record
  • Settled 90 · 99%
  • Vacated or withdrawn 1 · 1%
69%
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 88 decided S&S contests · industry: 79%
52%
Penalty reduction in decided contests
$160K proposed, $76K 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 2009-04-28.
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 2008-1788 Settlement Feldman 2010 $87K → $35K
WEVA 2008-667 Settlement Melick 2009 $23K → $12K
WEVA 2009-820 Settlement Weisberger 2012 $14K → $8K
WEVA 2008-1452 Settlement Barbour 2012 $14K → $8K
WEVA 2008-668 Settlement Melick 2009 $8K → $4K
WEVA 2008-1789 Settlement Feldman 2010 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Deskins Mine shows 90% of 271 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: 2009-03-12, 17 years ago
90%
within 1.5 mg/m3
271
samples
9.50
dust max (mg/m3)
123 samples taken by MSHA inspectors, 148 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR153
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)33
  • ROOF BOLTER (SINGLE HEAD)25

Silica (quartz)

Last sampled: 2009-03-19, 17 years ago
5.9
silica avg (%)
9
samples
10.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9

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: 2008-11-19, 17 years ago
40%
over PEL
20
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • ROOF BOLTER (SINGLE HEAD)4
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
2009 93% 14
2008 95% 143
2007 81% 104
2006 100% 10
Silica (quartz) by year
Year silica avg (%) samples
2009 4.4 1
2008 5.3 4
2007 6.6 3
2006 7.7 1
Noise by year
Year over PEL samples
2008 20% 5
2007 47% 15
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Deskins Mine recorded 8.40 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.
8.40
total case rate
5.04
days-away rate
0.000
fatality rate
Above 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.
Year total case rate days-away fatal
2008 8.40 5.04 0.000
2007 3.40 1.70 0.000
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. Wildcat Coal Company, Inc. 2001 to 2006
  2. Remington LLC 2006 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)
2009 15 51,120
2008 69 414,689
2007 50 454,830
2006 23 28,395
Source: MSHA quarterly employment and production, updated weekly.

Deskins 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
2009 Q3 0 0 0
2009 Q2 1,428 0 0 0.0
2009 Q1 24,165 10 2 413.8
2008 Q4 14,651 30 12 2047.6
2008 Q3 15,507 49 8 3159.9
2008 Q2 47,049 75 16 1594.1
2008 Q1 41,875 40 17 955.2
2007 Q4 31,644 95 30 3002.1
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 32,229 11 4 341.3
2007 Q2 36,008 12 6 333.3
2007 Q1 17,810 14 7 786.1
2006 Q4 12,105 10 8 826.1
No fatalities recorded at this mine.

Reportable incidents

16 on file

2009 · 2 incidents

April 20, 2009 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Remington LLC · Caught in, under or between a moving and a stationary object

Injured was in the process of opening the first set of airlock doors at the mine portal, when he got his right hand pinched between the doors. This caught between injury, resulted in a fracture to his right ring finger.

January 14, 2009 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Remington LLC · Struck by... (Not Elsewhere Classified)

While making a belt move, the crew was positioning the tailpiece and applying tension with the scoop to align the belt. A chain broke that was hooking the scoop to the tailpiece, which allowed the tailpiece to slide around and strik the employees foot, resulting in a fracture to his foot.

2008 · 8 incidents

December 9, 2008 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

A roof fall was dicovered on 12-09-2008 at apprx 7:00 am. The fall was located 2 breaks outby spad 743 near the #5 beltline. The fall measured apprx 18'W by 50' long. All entries of the roof fall area was cribbed or timbered to prevent travel. 4' resin bolts were used at the location of the fall.

October 1, 2008 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

The mine foreman and the safety director were traveling to the section when they noticed the top working near #7 belt/track entry in the nuetral airway. The men cribbed the area off then the top fell shortly after.

September 5, 2008 WV · Coal electrician, lineman HANDLING OF MATERIALS
Remington LLC · Struck by... (Not Elsewhere Classified)

Miner was removing a piece of rock from the left side continuous miner on the 1st right section. The rock broke causing his right hand index & middle fingers to come in contact with the sharp edges of the rock causing a laceration that required 9 sutures.

August 28, 2008 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Remington LLC · Struck by falling object

Section foreman noticed that the rib needed scaled where work was being performed on a shuttle car. He scaled the rib and was rolling a large piece of rock from the work area when another piece of rock fell striking his left index finger causing a severe laceration.

August 20, 2008 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Remington LLC · Struck by powered moving object

Miner was moving the left side miner on the Mains section so he could scoop the 2nd right intersection. While tramming the miner the boom was swung to the right and miner was struck by the boom. Miner continued to work after the incident but decided to go to the hospital due to pain. ER doctors found no injuries but told miner to take off until 8-24 due to soreness.

August 5, 2008 WV · Coal electrician, lineman HANDLING OF MATERIALS
Remington LLC · Struck by falling object

EE was installing a rub rail on the right side continuous miner of the mains section when the rail slipped off the miner, falling on his left foot causing a fracture.

August 4, 2008 WV · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
Remington LLC · Over-exertion (Not Elsewhere Classified)

Ee was walking to the section when he stepped in a hole just inby the power center causing him to strain his knee. He finished his shift and went to the dr. The dr gave him a full release to work but required him to wear a knee brace for four days.

July 24, 2008 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

The superintendent was walking the returnes and discovered a roof fall. The fall measured approx. 6' in height and included an area about 18 ft wide by 18ft long. The fall in the returns off of the main section in the #2 entry. located at/near spad 1242.

2007 · 6 incidents

November 8, 2007 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

There was a roof fall discovered on the old mains section between spads 701 and 721. The roof fall measured approximately 90'L x 20'W x 10'T.

October 25, 2007 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

A roof fall measuring approximately 60 feet in length by 8 feet high was discovered on the old second left section.

October 17, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Remington LLC · Struck against stationary object

Employee was removing roof bolts from on top of roof bolter and lacerated his right index finger on a roof bolt plate.

August 30, 2007 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Remington LLC · Fall onto or against objects

Was carrying a timber past a mantrip. Foot slipped and fell forward onto mantrip.

July 26, 2007 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss MACHINERY
Remington LLC · Caught in, under or between a moving and a stationary object

Employee was operating a roof bolter with his right leg outside the operator's compartment. The roof bolter came in close proximity with the mine rib. Employee's right knee was pushed into circuit panel in operator's compartment.

July 5, 2007 WV · Coal FALL OF ROOF OR BACK
Remington LLC · Accident type, without injuries

Roof fall measuring approx 110'l x 20'w x 10'-17' h at spad #649 from break 100 to 103.