Mining Incidents

EDM No. 1 Mine: 691 MSHA citations Coal

Controlled by Edward A Asbury
Capels, Mcdowell County, WV  ·  NonProducing
MSHA Mine ID: 4609507

EDM No. 1 Mine has $231K in proposed MSHA penalties and $22K outstanding across 41 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2018–2025
Latest incident
May 2025
Compliance record
MSHA citations since 2016
691
citations
85
significant & substantial
$230,613
proposed penalties
$151,175
paid to date
66% of proposed penalties paid to date, a $79,438 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2016
93
inspections on record
4,440
inspection hours
15.6
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.
691 citations across 4,440 inspection hours.
Source: MSHA inspections data, updated weekly.

EDM No. 1 Mine has $231K in proposed MSHA penalties and $22K outstanding across 41 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.
$231K
proposed penalties
$173K
current assessed
$151K
paid to date
$22K
outstanding
675 assessments are final orders; 41 contested dockets.
Of $154K in penalties contested before the Commission, $94K was upheld in final decisions.
As of the most recent assessment on 2026-04-21.
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.
12.4%
significant & substantial
2.3%
high negligence or reckless
12.4%
reasonably likely or greater
25.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 59.4% low, 38.0% moderate, 2.3% 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.
195 citations taken to the federal commission · 28% of citations on record
  • Settled 187 · 96%
  • Stood as issued 2 · 1%
  • Vacated or withdrawn 4 · 2%
  • Still open 2 · 1%
76%
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 76 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$156K proposed, $94K 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 2026-01-21.
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 2019-0502 Settlement Miller 2019 $12K → $9K
WEVA 2026-0117 Settlement Paez 2026 $12K → $5K
WEVA 2023-0311 Settlement Moran 2024 $11K → $8K
WEVA 2023-0165 Settlement Young 2024 $10K → $5K
WEVA 2025-0195 Settlement Lewis 2025 $6K → $3K
WEVA 2025-0218 Settlement Lewis 2025 $6K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at EDM No. 1 Mine shows 99% of 1,044 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: 2025-12-17
99%
within 1.5 mg/m3
1,044
samples
2.18
dust max (mg/m3)
3
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.
197 samples taken by MSHA inspectors, 847 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR394
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)289
  • SHUTTLE CAR OPERATOR (OFF STANDARD)90

Silica (quartz)

Last sampled: 2025-12-23
5.6
silica avg (%)
71
samples
18.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR30
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)25
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10

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: 2024-11-26
5%
over PEL
64
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
  • CONTINUOUS MINER OPERATOR11
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)11
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
2025 94% 16
2024 99% 68
2023 96% 79
2022 100% 44
2021 100% 126
2020 100% 114
2019 100% 231
2018 99% 177
2017 99% 172
2016 100% 17
Silica (quartz) by year
Year silica avg (%) samples
2025 4.1 3
2024 6.3 7
2023 4.4 6
2022 6.2 12
2021 5.2 11
2020 5.2 4
2019 5.5 12
2018 6.7 9
2017 5.4 6
2016 5.8 1
Noise by year
Year over PEL samples
2024 0% 6
2023 33% 9
2022 0% 5
2021 0% 8
2020 0% 5
2019 0% 16
2017 0% 8
2016 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

EDM No. 1 Mine recorded 7.84 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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.
7.84
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 7.84 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 7.69 7.69 0.000
2019 * 3.92 3.92 0.000
2018 * 6.91 6.91 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. Raw Coal Mining Company, Inc 2016 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)
2026 6 654
2025 13 11,482
2024 14 21,116
2023 12 42,144
2022 13 30,061
2021 11 44,797
2020 17 26,881
2019 23 50,465
2018 25 71,580
2017 16 52,706
2016 6 12,527
Source: MSHA quarterly employment and production, updated weekly.

EDM No. 1 Mine sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2026 Q2 2,726 2 0 733.7
2026 Q1 2,794 0 0 0.0
2025 Q4 6,956 25 4 3594.0
2025 Q3 5,015 8 1 1595.2
2025 Q2 6,247 14 1 2241.1
2025 Q1 7,303 9 1 1232.4
2024 Q4 7,493 32 2 4270.7
2024 Q3 7,574 29 5 3828.9
Show 33 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,826 24 4 3066.7
2024 Q1 8,679 8 0 921.8
2023 Q4 7,349 9 2 1224.7
2023 Q3 6,583 25 2 3797.7
2023 Q2 6,626 23 6 3471.2
2023 Q1 7,035 22 5 3127.2
2022 Q4 5,698 6 2 1053.0
2022 Q3 6,905 15 0 2172.3
2022 Q2 7,094 24 3 3383.1
2022 Q1 7,239 30 2 4144.2
2021 Q4 6,374 21 2 3294.6
2021 Q3 5,788 12 0 2073.3
2021 Q2 5,911 17 1 2876.0
2021 Q1 7,100 15 1 2112.7
2020 Q4 2,149 1 0 465.3
2020 Q3 1,632 0 0 0.0
2020 Q2 9,982 10 2 1001.8
2020 Q1 12,249 13 2 1061.3
2019 Q4 10,886 16 1 1469.8
2019 Q3 12,906 25 5 1937.1
2019 Q2 13,472 28 3 2078.4
2019 Q1 13,762 31 5 2252.6
2018 Q4 14,409 26 4 1804.4
2018 Q3 13,953 17 2 1218.4
2018 Q2 14,486 12 0 828.4
2018 Q1 15,054 15 2 996.4
2017 Q4 13,720 22 3 1603.5
2017 Q3 9,452 22 2 2327.5
2017 Q2 5,191 34 1 6549.8
2017 Q1 6,928 12 3 1732.1
2016 Q4 5,811 6 1 1032.5
2016 Q3 1,743 13 3 7458.4
2016 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2025 · 1 incident

May 6, 2025 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler OTHER
Raw Coal Mining Company, Inc · Unclassified, insufficient data

Employee stated on 5/6/25 to co-worker that EE had injured disk in EE's neck and back prior to coming to work for EDM No. 1 Mine. EE finished shift and talked to several people at the mine prior to leaving mine site. EE has not reported accident to management so time of accident and nature of injury has not been determined.

2023 · 1 incident

July 2, 2023 WV · Coal security guard, watchman OTHER
Raw Coal Mining Company, Inc · (Not Elsewhere Classified)

Death on mine property - A security guard (employed by Squeeze Security) suffered a fatal heart attack while working at the surface area of an underground mine.

2020 · 1 incident

March 5, 2020 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Raw Coal Mining Company, Inc · Struck against stationary object

Employee was trying to remove a piece of steel that was stuck in the drill chuck. EE's hand slid up the drill steel and across a steel burr on the drill steel lacerating EE's left hand.

2019 · 1 incident

August 7, 2019 WV · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss FALL OF ROOF OR BACK
Raw Coal Mining Company, Inc · Struck by falling object

Employee was operating a continuous miner when a piece of rock fell out between roof bolts striking employee.

2018 · 2 incidents

December 31, 2018 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Raw Coal Mining Company, Inc · Fall to lower level, (Not Elsewhere Classified)

Employee was tramming a forklift when EE drove off the road into the ditch. The forklift leaned on its side against the berm. As the employee was getting out of the forklift EE slipped and rolled over the embankment approximately 15 feet.

November 3, 2018 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Raw Coal Mining Company, Inc · Caught in, under or between a moving and a stationary object

While pushing a miner drum out of the scoop bucket, the employee stated that EE laid EE's arm on top of the back rest and as the scoop drifted back, EE's arm slipped of the back rest allowing EE's arm to get caught between the backrest and the coal rib.