EE had dismounted from excavator when they got to the ground level, EE was going to walk to the mechanic's truck to get out of the rain. The EE stepped into a hole and sprained an ankle. EE continued working regular job through 5/23/24 and had surgery on 5/24/24. EE returned to work on Restricted Duty on the next working day after surgery, 5/28/24.
Elklick Surface Mine: 187 MSHA citations Coal
Coal Mac East
· Surface
Controlled by
John Mitch Potter
Lorado,
Logan County,
WV
·
NonProducing
MSHA Mine ID: 4609564
Elklick Surface Mine has $95K in proposed MSHA penalties and $0 outstanding across 9 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 2
- Years on record
- 2019–2024
- Latest incident
- Jan 2024
Compliance record
MSHA citations since 2019
187
citations
40
significant & substantial
$94,791
proposed penalties
$67,481
paid to date
71% of proposed penalties paid to date, a $27,310 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2019
27
inspections on record
1,392
inspection hours
13.4
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.187 citations across 1,392 inspection hours.
Source: MSHA inspections data, updated weekly.
Elklick Surface Mine has $95K in proposed MSHA penalties and $0 outstanding across 9 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.$95K
proposed penalties
$67K
current assessed
$67K
paid to date
$0
outstanding
160 assessments are final orders; 9 contested dockets.
Of $65K in penalties contested before the Commission, $37K was upheld in final decisions.
As of the most recent assessment on 2025-09-03.
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.21.9%
significant & substantial
1.1%
high negligence or reckless
21.9%
reasonably likely or greater
22.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 44.3% low, 54.6% moderate, 1.1% 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.
61
citations taken to the federal commission · 33% of citations on record
- Settled 60 · 98%
- Vacated or withdrawn 1 · 2%
71%
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 21 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$65K proposed, $37K 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 2025-04-08.
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 2025-0289 | Settlement | McCarthy | 2025 | $30K → $18K |
| WEVA 2024-0144 | Settlement | Sullivan | 2024 | $12K → $4K |
| WEVA 2025-0184 | Settlement | McCarthy | 2025 | $9K → $6K |
| WEVA 2024-0108 | Settlement | McCarthy | 2024 | $5K → $3K |
| WEVA 2025-0023 | Settlement | Paez | 2024 | $5K → $3K |
| WEVA 2025-0258 | Settlement | Voisin | 2025 | $2K → $2K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Elklick Surface Mine shows 100% of 120 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: 2025-04-30
ⓘ
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.100%
within 1.5 mg/m3
120
samples
0.93
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.63 samples taken by MSHA inspectors, 57 by the operator.
Most-sampled occupations
- HIGHWALL DRILL OPERATOR53
- BULLDOZER OPERATOR41
- HIGHLIFT OPERATOR/FRONT END LOADER11
Silica (quartz)
Last sampled: 2024-11-2915.3
silica avg (%)
9
samples
32.5
silica max (%)
Most-sampled occupations
- BULLDOZER OPERATOR5
- HIGHWALL DRILL OPERATOR4
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: 2024-11-20
ⓘ
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.0%
over PEL
29
samples
Most-sampled occupations
- BULLDOZER OPERATOR8
- HIGHWALL DRILL OPERATOR8
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
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 | 100% | 5 |
| 2024 | 100% | 30 |
| 2023 | 100% | 22 |
| 2022 | 100% | 15 |
| 2021 | 100% | 17 |
| 2019 | 100% | 31 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2024 | 32.5 | 1 |
| 2023 | 10.2 | 2 |
| 2022 | 6.8 | 1 |
| 2021 | 15.2 | 1 |
| 2019 | 15.8 | 4 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2024 | 0% | 10 |
| 2023 | 0% | 5 |
| 2022 | 0% | 5 |
| 2021 | 0% | 4 |
| 2019 | 0% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Elklick Surface Mine recorded 0.00 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.0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * | 0.00 | 0.00 | 0.000 |
| 2024 * | 2.24 | 0.00 | 0.000 |
| 2023 * | 0.00 | 0.00 | 0.000 |
| 2022 * | 0.00 | 0.00 | 0.000 |
| 2019 * | 0.00 | 0.00 | 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
- Greenbrier Minerals, LLC 2018 to 2026
- Ed Coal Inc 2019 to 2020
- Coal Mac East 2026 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 | 1 | |
| 2025 | 12 | 56,163 |
| 2024 | 29 | 227,289 |
| 2023 | 31 | 306,609 |
| 2022 | 15 | 213,268 |
| 2021 | 6 | 124,944 |
| 2020 | 2 | 12,096 |
| 2019 | 28 | 280,613 |
| 2018 | 0 |
Source: MSHA quarterly employment and production, updated weekly.
Elklick Surface Mine sits in Logan County, West Virginia, where the Census mining category is 6.6% 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.Logan County, West Virginia · Population 31,826
6.6%
Mining share of county employment
$47,237
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 | 590 | 0 | 0 | 0.0 |
| 2026 Q1 | 820 | 0 | 0 | 0.0 |
| 2025 Q4 | 1,252 | 0 | 0 | 0.0 |
| 2025 Q3 | 1,894 | 2 | 0 | 1056.0 |
| 2025 Q2 | 8,225 | 0 | 0 | 0.0 |
| 2025 Q1 | 24,400 | 20 | 3 | 819.7 |
| 2024 Q4 | 21,023 | 12 | 3 | 570.8 |
| 2024 Q3 | 21,266 | 8 | 5 | 376.2 |
Show 22 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2024 Q2 | 23,524 | 11 | 1 | 467.6 |
| 2024 Q1 | 23,324 | 11 | 0 | 471.6 |
| 2023 Q4 | 22,308 | 0 | 0 | 0.0 |
| 2023 Q3 | 24,496 | 26 | 3 | 1061.4 |
| 2023 Q2 | 25,151 | 0 | 0 | 0.0 |
| 2023 Q1 | 22,429 | 28 | 7 | 1248.4 |
| 2022 Q4 | 14,738 | 0 | 0 | 0.0 |
| 2022 Q3 | 11,997 | 4 | 2 | 333.4 |
| 2022 Q2 | 8,433 | 12 | 2 | 1423.0 |
| 2022 Q1 | 6,797 | 6 | 0 | 882.7 |
| 2021 Q4 | 3,486 | 0 | 0 | 0.0 |
| 2021 Q3 | 3,094 | 0 | 0 | 0.0 |
| 2021 Q2 | 2,373 | 3 | 2 | 1264.2 |
| 2021 Q1 | 2,562 | 2 | 1 | 780.6 |
| 2020 Q4 | 0 | 0 | 0 | |
| 2020 Q3 | 334 | 0 | 0 | 0.0 |
| 2020 Q2 | 0 | 0 | 0 | |
| 2019 Q4 | 4,427 | 8 | 3 | 1807.1 |
| 2019 Q3 | 25,616 | 0 | 0 | 0.0 |
| 2019 Q2 | 21,436 | 9 | 1 | 419.9 |
| 2019 Q1 | 10,318 | 18 | 3 | 1744.5 |
| 2018 Q4 | 0 | 0 | 0 |
No fatalities recorded at this mine.
Reportable incidents
2 on file2024 · 1 incident
Greenbrier Minerals, LLC · Over-exertion (Not Elsewhere Classified)
2019 · 1 incident
October 24, 2019
WV · Coal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
MACHINERY
Ed Coal Inc · Struck by flying object
Was grinding weld down when a spec of material entered the eye. Employee was wearing safety glasses and face shield