Mining Incidents

Eagle #2 Mine: 142 MSHA citations Coal

Rhino Eastern LLC · Underground
Bolt, Wyoming County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609201

Eagle #2 Mine has $49K in proposed MSHA penalties and $8K outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2011–2012
Latest incident
Mar 2012
Compliance record
MSHA citations since 2007
142
citations
55
significant & substantial
$48,962
proposed penalties
$35,562
paid to date
73% of proposed penalties paid to date, a $13,400 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
30
inspections on record
866
inspection hours
n/a
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.
Rate withheld: 866 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Eagle #2 Mine has $49K in proposed MSHA penalties and $8K outstanding across 7 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.
$49K
proposed penalties
$44K
current assessed
$36K
paid to date
$8K
outstanding
142 assessments are final orders; 7 contested dockets.
Of $33K in penalties contested before the Commission, $27K was upheld in final decisions.
As of the most recent assessment on 2013-01-23.
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.
38.7%
significant & substantial
0.7%
high negligence or reckless
38.7%
reasonably likely or greater
50.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 6.3% low, 93.0% moderate, 0.7% 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.
68 citations taken to the federal commission · 48% of citations on record
  • Settled 50 · 74%
  • Stood as issued 18 · 26%
93%
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 43 decided S&S contests · industry: 79%
18%
Penalty reduction in decided contests
$33K proposed, $27K 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 2012-06-05.
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 2012-1253 Settlement Paez 2013 $11K → $8K
WEVA 2012-291 Settlement Paez 2013 $8K → $6K
WEVA 2011-2369 Settlement Lewis 2013 $6K → $4K
WEVA 2007-567 Default Lesnick 2008 $5K → $5K
WEVA 2007-568 Default Lesnick 2008 $3K → $3K
WEVA 2011-2453 Settlement Lewis 2013 $540 → $400
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Eagle #2 Mine shows 78% of 74 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: 2012-03-21, 14 years ago
78%
within 1.5 mg/m3
74
samples
4.71
dust max (mg/m3)
34 samples taken by MSHA inspectors, 40 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR44
  • SHUTTLE CAR OPERATOR (OFF STANDARD)5
  • ROOF BOLTER (SINGLE HEAD)4

Silica (quartz)

Last sampled: 2012-02-14, 14 years ago
7.1
silica avg (%)
7
samples
10.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7

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: 2011-11-17, 14 years ago
8%
over PEL
12
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2
  • SCOOP CAR OPERATOR2
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2
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 59% 17
2011 77% 22
2008 86% 21
2007 93% 14
Silica (quartz) by year
Year silica avg (%) samples
2012 3.1 1
2011 6.9 1
2008 8.1 4
2007 7.5 1
Noise by year
Year over PEL samples
2011 0% 7
2008 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Eagle #2 Mine recorded 18.03 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.
18.03
total case rate
9.02
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.
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.
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. Peachtree Ridge Mining Company, Inc. 2007 to 2008
  2. Rhino Eastern LLC 2008 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 28 52,554
2011 25 33,485
2010 1
2009 1
2008 34 32,445
2007 18 41,309
Source: MSHA quarterly employment and production, updated weekly.

Eagle #2 Mine sits in Wyoming County, West Virginia, where the Census mining category is 11.2% 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.
Wyoming County, West Virginia · Population 20,948
11.2%
Mining share of county employment
$48,038
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 Q2 2,439 1 0 410.0
2012 Q1 24,361 15 5 615.7
2011 Q4 24,035 11 6 457.7
2011 Q3 13,503 37 11 2740.1
2011 Q2 4,528 14 8 3091.9
2011 Q1 2,296 0 0 0.0
2010 Q4 120 0 0 0.0
2010 Q3 120 0 0 0.0
Show 10 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q2 120 1 0 8333.3
2010 Q1 120 0 0 0.0
2009 Q4 120 0 0 0.0
2009 Q3 120 1 0 8333.3
2009 Q2 120 1 0 8333.3
2009 Q1 0 4 0
2008 Q4 25,428 20 4 786.5
2008 Q3 12,263 8 2 652.4
2007 Q3 607 0 0 0.0
2007 Q2 11,961 18 11 1504.9
No fatalities recorded at this mine.

Reportable incidents

6 on file

2012 · 2 incidents

March 7, 2012 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Rhino Eastern LLC · Caught in, under or between a moving and a stationary object

Loading belt structure in intake in insert in the scoop for next belt move and top roller struck small finger on the right hand and busted finger open. Received stitches in finger.

January 19, 2012 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Rhino Eastern LLC · Struck by falling object

Victim was installing a roof bolt near a kettle bottom and had his hand resting on the drill pod. While drilling, a piece of rock broke around the moving drill steel and fell, striking the victim in the right hand.

2011 · 4 incidents

December 8, 2011 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Rhino Eastern LLC · Struck by rolling or sliding object

Removing rock from miner with slate bar when rock measuring 9"x 6'x 8" slid off the miner and struck the victim on the hand.

November 7, 2011 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Rhino Eastern LLC · Over-exertion in lifting objects

Lifting Belt Rails. The rails were stuck together and he strained his abdomen

July 22, 2011 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Rhino Eastern LLC · Struck by... (Not Elsewhere Classified)

Victim hit his left hand with a hammer. His safety glasses were fogged up

July 14, 2011 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Rhino Eastern LLC · Struck by falling object

Employees were re-setting timbers in the intake. While attempting to set a 14' timber, they lost control and the timber fell over and struck the victim on the back and pushed him to the ground.