Mining Incidents

Homer III Processing: 324 MSHA citations Coal

Peytona, Boone County, WV  ·  NonProducing
MSHA Mine ID: 4605992

Homer III Processing has $75K in proposed MSHA penalties and $162 outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
29
Years on record
1983–2020
Latest incident
Oct 2020
Compliance record
MSHA citations since 2001
324
citations
138
significant & substantial
$74,801
proposed penalties
$69,853
paid to date
93% of proposed penalties paid to date, a $4,948 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
138
inspections on record
4,548
inspection hours
7.1
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.
324 citations across 4,548 inspection hours.
Source: MSHA inspections data, updated weekly.

Homer III Processing has $75K in proposed MSHA penalties and $162 outstanding across 11 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.
$75K
proposed penalties
$70K
current assessed
$70K
paid to date
$162
outstanding
314 assessments are final orders; 11 contested dockets.
Of $20K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2021-07-12.
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.
43.9%
significant & substantial
1.6%
high negligence or reckless
45.2%
reasonably likely or greater
23.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.9% low, 89.5% moderate, 1.6% 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.
38 citations taken to the federal commission · 12% of citations on record
  • Settled 34 · 89%
  • Stood as issued 3 · 8%
  • Vacated or withdrawn 1 · 3%
70%
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 27 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$20K proposed, $15K 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 2017-02-27.
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 2008-1893 Settlement Barbour 2009 $7K → $4K
WEVA 2008-1894 Settlement Barbour 2011 $3K → $2K
WEVA 2012-1048 Settlement Gill 2013 $3K → $2K
WEVA 2011-603 Dismissal Lesnick 2012 $2K → $2K
WEVA 2009-1435 Settlement Gill 2011 $2K → $1K
WEVA 2012-601 Settlement Gill 2013 $1K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Homer III Processing shows 100% of 175 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: 2019-12-11, 6 years ago
100%
within 1.5 mg/m3
175
samples
1.20
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.
133 samples taken by MSHA inspectors, 42 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR75
  • UTILITY MAN38
  • ELECTRICIAN12

Silica (quartz)

Last sampled: 2019-03-26, 7 years ago
3.6
silica avg (%)
8
samples
8.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • UTILITY MAN4

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: 2019-12-11, 6 years ago
3%
over PEL
61
samples
Most-sampled occupations
  • BULLDOZER OPERATOR17
  • UTILITY MAN10
  • ELECTRICIAN5
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
2019 100% 23
2018 100% 13
2017 100% 16
2016 100% 16
2015 100% 17
2014 100% 12
2013 100% 10
2012 100% 6
2011 100% 9
2010 100% 11
2009 100% 16
2008 100% 10
2006 100% 6
2005 100% 3
2002 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2019 8.3 1
2018 2.5 1
2017 4.8 2
2016 3.4 2
2010 1.6 1
2008 0.4 1
Noise by year
Year over PEL samples
2019 0% 10
2017 0% 5
2016 0% 5
2015 0% 10
2014 0% 5
2013 0% 1
2012 33% 3
2011 0% 5
2010 0% 5
2009 20% 5
2008 0% 2
2006 0% 3
2005 0% 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Homer III Processing recorded 6.72 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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.
6.72
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In West Virginia, coal mining averaged 4.51 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
2019 * 6.72 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 3.44 0.00 0.000
2016 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 4.44 4.44 0.000
2013 * 0.00 0.00 0.000
2011 * 12.48 12.48 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. Cannelton Industries Inc 1979 to 2001
  2. Black Castle Mining Co 2001 to 2009
  3. Independence Coal Company Inc. 2009 to 2013
  4. Black Castle Mining Company LLC 2014 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 1
2024 1
2023 1
2022 1
2021 1
2020 1
2019 13
2018 23
2017 24
2016 20
2015 20
2014 17
2013 11
2012 6
2011 14
2010 21
2009 20
2008 8
2007 3
2006 4
2005 5
2003 0
2002 6
Source: MSHA quarterly employment and production, updated weekly.

Homer III Processing sits in Boone County, West Virginia, where the Census mining category is 10.1% 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.
Boone County, West Virginia · Population 21,312
10.1%
Mining share of county employment
$56,152
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 630 0 0 0.0
2026 Q1 580 0 0 0.0
2025 Q4 580 0 0 0.0
2025 Q3 580 0 0 0.0
2025 Q2 630 0 0 0.0
2025 Q1 570 0 0 0.0
2024 Q4 610 0 0 0.0
2024 Q3 590 0 0 0.0
Show 85 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 640 0 0 0.0
2024 Q1 590 0 0 0.0
2023 Q4 590 0 0 0.0
2023 Q3 550 0 0 0.0
2023 Q2 610 0 0 0.0
2023 Q1 640 0 0 0.0
2022 Q4 590 0 0 0.0
2022 Q3 540 0 0 0.0
2022 Q2 620 0 0 0.0
2022 Q1 640 0 0 0.0
2021 Q4 590 0 0 0.0
2021 Q3 540 1 0 1851.9
2021 Q2 610 0 0 0.0
2021 Q1 630 0 0 0.0
2020 Q4 510 0 0 0.0
2020 Q3 610 0 0 0.0
2020 Q2 646 0 0 0.0
2020 Q1 1,217 0 0 0.0
2019 Q4 7,334 1 0 136.4
2019 Q3 7,148 22 12 3077.8
2019 Q2 7,310 0 0 0.0
2019 Q1 7,977 5 1 626.8
2018 Q4 6,585 0 0 0.0
2018 Q3 15,025 1 1 66.6
2018 Q2 16,865 5 3 296.5
2018 Q1 18,901 0 0 0.0
2017 Q4 12,481 17 8 1362.1
2017 Q3 14,663 3 1 204.6
2017 Q2 15,321 7 0 456.9
2017 Q1 15,591 0 0 0.0
2016 Q4 12,732 0 0 0.0
2016 Q3 12,920 3 2 232.2
2016 Q2 12,404 4 1 322.5
2016 Q1 14,592 0 0 0.0
2015 Q4 11,392 11 3 965.6
2015 Q3 14,065 0 0 0.0
2015 Q2 12,669 0 0 0.0
2015 Q1 12,172 0 0 0.0
2014 Q4 9,565 1 0 104.5
2014 Q3 10,535 10 5 949.2
2014 Q2 12,024 0 0 0.0
2014 Q1 12,934 2 1 154.6
2013 Q4 13,187 4 1 303.3
2013 Q3 13,163 7 2 531.8
2013 Q2 677 0 0 0.0
2013 Q1 590 5 1 8474.6
2012 Q4 605 0 0 0.0
2012 Q3 176 2 0 11363.6
2012 Q2 1,328 0 0 0.0
2012 Q1 10,059 6 4 596.5
2011 Q4 11,803 0 0 0.0
2011 Q3 11,244 5 3 444.7
2011 Q2 4,759 0 0 0.0
2011 Q1 4,256 15 6 3524.4
2010 Q4 11,322 1 0 88.3
2010 Q3 2,568 5 1 1947.0
2010 Q2 12,976 3 1 231.2
2010 Q1 13,091 4 1 305.6
2009 Q4 11,345 3 0 264.4
2009 Q3 12,557 7 3 557.5
2009 Q2 10,882 0 0 0.0
2009 Q1 16,037 11 4 685.9
2008 Q4 12,632 3 1 237.5
2008 Q3 3,682 1 1 271.6
2008 Q2 2,268 15 7 6613.8
2008 Q1 2,171 14 6 6448.6
2007 Q4 1,624 0 0 0.0
2007 Q3 1,946 0 0 0.0
2007 Q2 1,365 0 0 0.0
2007 Q1 3,458 5 4 1445.9
2006 Q4 2,574 1 0 388.5
2006 Q3 1,687 5 1 2963.8
2006 Q2 1,595 2 1 1253.9
2006 Q1 3,572 20 11 5599.1
2005 Q4 4,014 0 0 0.0
2005 Q3 8,201 2 0 243.9
2005 Q2 3,037 0 0 0.0
2005 Q1 0 0 0
2003 Q3 0 0 0
2003 Q2 0 0 0
2003 Q1 0 0 0
2002 Q4 4,043 5 3 1236.7
2002 Q3 3,046 0 0 0.0
2002 Q2 5,076 4 1 788.0
2002 Q1 3,487 7 2 2007.5
No fatalities recorded at this mine.

Reportable incidents

29 on file

2020 · 1 incident

October 10, 2020 WV · Coal security guard, watchman HANDLING OF MATERIALS
Black Castle Mining Company LLC · Over-exertion in pulling or pushing objects

EE was opening a security gate and felt a sharp pain in the lower back and a burning feeling going down the back of the leg.

2019 · 1 incident

July 9, 2019 WV · Coal electrician, lineman DUST DISEASE OF LUNGS
Black Castle Mining Company LLC · Inhalation of radiations, caustics, toxic and noxious substances

This office was notified on 07/09/2019 that the employee was diagnosed with pneumoconiosis on 10/04/2018.

2017 · 1 incident

March 20, 2017 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DUST DISEASE OF LUNGS
Black Castle Mining Company LLC · Inhalation of radiations, caustics, toxic and noxious substances

Black Lung claim

2015 · 1 incident

March 21, 2015 WV · Coal welder (shop) MACHINERY
Black Castle Mining Company LLC · Struck by... (Not Elsewhere Classified)

An employee was using a Porta Team jack to put a gear box on the shaft of the raw coal seizer. The jack kicked out and struck he employee in the mouth and side of face.

2014 · 1 incident

May 16, 2014 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider SLIP OR FALL OF PERSON
Black Castle Mining Company LLC · Fall from machine

Employee had just finished replacing a pillar bearing on the wash coal feeder when a loud pop was heard by the employee and by employees near the area. Immediately following the pop the employee fell from his position to the ground landing on his back. Due to the unknown location of the employee at the time of the fall, the height & distance of the fall is undetermined.

2011 · 2 incidents

October 5, 2011 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Independence Coal Company Inc. · Struck against stationary object

While cleaning the dozer the injured employee scraped left forearm. He continued to work his shift but the following day he was seen by his physician and excused from work for two days. He was excused from work due to the risk of infection secondary to history of cellulites. He returned to work on 10/10/11.

July 27, 2011 WV · Coal pumper HANDLING OF MATERIALS
Independence Coal Company Inc. · Over-exertion in pulling or pushing objects

It has been determined on this date (11/02/2011) that the employees injury resulted from an incident at work prohibiting him from working. On 07/27/2011 the injured employee was pulling on a wash down hose causing him to strain his left shoulder and neck. First day away from was 07/29/2011. He remains excused from work as of 11/02/2011.

2010 · 2 incidents

October 2, 2010 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Independence Coal Company Inc. · Struck by falling object

Injured employee was removing volute liner (Cyclone Pump) using a fork lift to raise 1 side of the liner to remove the chain when the liner slid off the fork and onto his hand. He received 20 sutures.

September 1, 2010 WV · Coal FIRE
Independence Coal Company Inc. · Accident type, without injuries

While inspecting the coal storage pile, a small flame was observed along the outside bank of the pile. No injuries occurred, No flames observed while uncovering this area. This has been reported to the field office.

2009 · 1 incident

March 2, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDTOOLS (NONPOWERED)
Black Castle Mining Co · Struck by... (Not Elsewhere Classified)

In process of demolishing a truck bin and the employee was shoveling coal out of a walkway in work area for access. Another employee was cutting on a piece of adjacent structure when a piece of 2/4" pipe conduit attached to the structure by one clamp dropped 3'-4' striking employee in shoulders then bounced and hit back of neck.

2008 · 3 incidents

October 17, 2008 WV · Coal welder (shop) HANDLING OF MATERIALS
Black Castle Mining Co · Over-exertion (Not Elsewhere Classified)

The employee was climbing an extension ladder and claimed he felt something pull in the left rib area.

August 13, 2008 WV · Coal miner, prospector, nec OTHER
Black Castle Mining Co · Absorption of radiations, caustics, toxic and noxious substances

Employee was bitten by a spider on the right forearm. Employer was not notified of medical treatment until 8/25/08 or spider bite. Note: Late report due to late notification by employee.

July 22, 2008 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Black Castle Mining Co · Struck against stationary object

EE was cleaning debris out of a new sump (houskeeping) and slipped. He reached out to grab something to keep from falling, which happened to be expandable metal. The edge of the metal caused lacerations to two fingers on the right hand.

2006 · 1 incident

October 19, 2006 WV · Coal FIRE
Black Castle Mining Co · Accident type, without injuries

The high sulfur content coal in the "D" stockpile was observed flaming.

2005 · 1 incident

April 1, 2005 WV · Coal welder (shop) HANDLING OF MATERIALS
Black Castle Mining Co · Over-exertion (Not Elsewhere Classified)

EE with prior history of recurring back pain was climbing structural steel to make a connection on a 4-legged tower. While climbing, he felt a sudden burning sensation in his low back, but continued to work remainder of shift. His next shift on 4/4/05, he was still sore and went to doctor where he was diagnosed with low back strain.

2001 · 1 incident

November 10, 2001 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Black Castle Mining Co · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS STANDING ON A CLEAN COAL BELT ON THE FIRST FLOOR OF THE PLANT APPROX. 30" ABOVE THE GROUND CUTTING A 4" PIPE. THE PIPE FELL ON HIS TORCH HOSES AND CUT THEM. THEY BEGAN BURNING AND HE JUMPED OFF THE BELT TO CUT OFF THE TORCH VALVES, TWISTING HIS ANKLE. DID NOT GO TO DOCTOR OR LOSE TIME FROM WORK UNTIL 12/30/01.

1994 · 1 incident

February 9, 1994 WV · Coal electrician, lineman HANDLING OF MATERIALS
Cannelton Industries Inc · Over-exertion in pulling or pushing objects

WHILE THE MINER WAS PULLING WATER HOSE FROM THE GROUND TO AN ELEVATED WALKWAY HE FELT PAIN IN HIS BACK.

1992 · 1 incident

September 25, 1992 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Cannelton Industries Inc · Over-exertion (Not Elsewhere Classified)

INJURED WAS WALKING UP AN INCLINED WALKWAY WHEN HE TWISTED HIS KNEE.

1990 · 3 incidents

1989 · 2 incidents

October 24, 1989 WV · Coal electrician, lineman MACHINERY
Cannelton Industries Inc · Flash burns (welding)

THE INJURED WAS PREPARING TO CUT METAL.UNKNOWN TO HIM THERE WAS A PINHOLE IN THE ACETYLENE HOSE UP CLOSE TO THE TORCH.WHEN HE LIT THE TORCH A SPARK IGNITED LEAKING ACETYLENE RESULTING IN A FLA SH AND BURN TO HIS STOMACH.

April 27, 1989 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Cannelton Industries Inc · Struck by... (Not Elsewhere Classified)

I.NAME WAS KNOCKING A BEARING LOOSE WITH A HAMMER AND CHISEL WHEN A PIECE OF THE CHISEL BROKE OFF AND STRUCK HIM ON THE MIDDLE FINGER OF THE LEFT HAND.

1987 · 3 incidents

December 28, 1987 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger HANDLING OF MATERIALS
Cannelton Industries Inc · Over-exertion in lifting objects

I.NAME WAS LIFT3NG A ROLL OF FILTER CLOTH WHEN HE FELT A PAIN IN HIS BACK

August 1, 1987 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor HANDLING OF MATERIALS
Cannelton Industries Inc · Struck by falling object

I.NAME WAS WORK3NG ON CRUSHER AT PREP PLANT A DOOR THAT HAD BEEN RAISED FELL AND STRUCK HIS LEFT HAND RESULTING IN A CONTUSION TO THE LEFT HAND

May 2, 1987 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Cannelton Industries Inc · Struck by falling object

THE INJURED WAS3MOVING METAL OVER WHEN IT S LIPPED AND FELL ON THE LITTLE FINGER ON HIS LEFT HAND.

1986 · 1 incident

May 28, 1986 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Cannelton Industries Inc · Struck by falling object

I.NAME WAS CHAN1ING A GEAR ON A PIECE OF MOBILE EQUIPMENT THE GEAR HAD AN EYE BOLT ON IT TO HELP WITH THE PLACEMENT OF THE GEAR WHILE MANUEVERING THE GEAR INTO PLACE THE EYEBOLT BROKE LETTIN G THE GEAR DROP3ONTO I.NAME RIGHT ANKLE

1984 · 1 incident

July 2, 1984 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Cannelton Industries Inc · Fall onto or against objects

I.NAME WAS SHOVELING LOOSE COAL FROM AROUND A COAL FEEDER WHEN HE SLIPPED & BUMPED HIS RIGHT LEG AGAINST THE FRAME OF THE FEEDER RESULTING IN A BRUISE.

1983 · 1 incident

October 28, 1983 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Cannelton Industries Inc · Fall to lower level, (Not Elsewhere Classified)

MR. KINDER WAS HELPING TO UNPLUG A SLATE CHUTE WHEN HE LOST HIS FOOTING AND SLID DOWN THE CHUTE.