Mining Incidents

K-2 Plant: 362 MSHA citations Coal

Controlled by James C Justice III
Pineville, Wyoming County, WV  ·  NonProducing
MSHA Mine ID: 4609316

K-2 Plant has $182K in proposed MSHA penalties and $84K outstanding across 28 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2011–2019
Latest incident
Apr 2019
Compliance record
MSHA citations since 2010
362
citations
99
significant & substantial
$181,705
proposed penalties
$57,004
paid to date
31% of proposed penalties paid to date, a $124,701 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
106
inspections on record
2,110
inspection hours
17.2
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.
362 citations across 2,110 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2012-03-29.
On record since 2012.
Source: MSHA imminent-danger order records, updated weekly.

K-2 Plant has $182K in proposed MSHA penalties and $84K outstanding across 28 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.
$182K
proposed penalties
$141K
current assessed
$57K
paid to date
$84K
outstanding
339 assessments are final orders; 28 contested dockets.
Of $171K in penalties contested before the Commission, $113K was upheld in final decisions.
As of the most recent assessment on 2026-06-04.
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.
29.2%
significant & substantial
10.9%
high negligence or reckless
29.2%
reasonably likely or greater
32.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 33.9% low, 54.9% moderate, 10.9% 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.
161 citations taken to the federal commission · 44% of citations on record
  • Settled 160 · 99%
  • Stood as issued 1 · 1%
89%
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 37 decided S&S contests · industry: 79%
34%
Penalty reduction in decided contests
$171K proposed, $113K 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 2023-11-20.
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 2023-0190 Settlement Paez 2023 $34K → $19K
WEVA 2024-0042 Settlement 2024 $20K → $13K
WEVA 2023-0151 Settlement Paez 2023 $13K → $11K
WEVA 2021-0083 Settlement Young 2021 $13K → $9K
WEVA 2023-0385 Settlement Sullivan 2023 $12K → $7K
WEVA 2023-0235 Settlement Lewis 2023 $12K → $10K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at K-2 Plant shows 100% 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: 2026-06-04
100%
within 1.5 mg/m3
74
samples
1.39
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.
71 samples taken by MSHA inspectors, 3 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER21
  • BULLDOZER OPERATOR11
  • UTILITY MAN11

Silica (quartz)

Last sampled: 2026-06-11
2.1
silica avg (%)
6
samples
4.7
silica max (%)
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER5
  • BULLDOZER OPERATOR1

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: 2026-08-05
9%
over PEL
54
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER13
  • UTILITY MAN10
  • CLEANING PLANT OPERATOR7
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
2026 100% 5
2022 100% 12
2021 100% 2
2020 100% 9
2019 100% 4
2018 100% 10
2017 100% 7
2013 100% 10
2012 100% 10
2011 100% 5
Silica (quartz) by year
Year silica avg (%) samples
2026 1.6 1
2022 1.2 3
2021 4.7 1
2020 2.6 1
Noise by year
Year over PEL samples
2026 0% 3
2022 0% 7
2021 0% 3
2020 0% 8
2019 0% 2
2018 0% 5
2017 0% 5
2013 0% 5
2012 33% 9
2011 29% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

K-2 Plant recorded 0.00 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In West Virginia, coal mining averaged 3.68 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
2022 * 0.00 0.00 0.000
2019 * 5.13 5.13 0.000
2018 * 0.00 0.00 0.000
2017 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 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
  1. M & P Services, Inc. 2008 to 2009
  2. Bluestone Coal Corporation 2009 to 2010
  3. M&P Services, Inc. 2010 to 2010
  4. Nufac Mining Company Inc 2010 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 11
2025 8
2024 7
2023 10
2022 23
2021 5
2020 9
2019 14
2018 12
2017 15
2016 1
2015 7
2014 6
2013 19
2012 23
2011 34
2010 5
2009 0
Source: MSHA quarterly employment and production, updated weekly.

K-2 Plant 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
2026 Q2 8,028 7 1 871.9
2026 Q1 4,624 0 0 0.0
2025 Q4 4,769 0 0 0.0
2025 Q3 4,862 12 5 2468.1
2025 Q2 3,500 0 0 0.0
2025 Q1 4,178 0 0 0.0
2024 Q4 1,973 0 0 0.0
2024 Q3 2,704 0 0 0.0
Show 56 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,582 0 0 0.0
2024 Q1 4,592 1 0 217.8
2023 Q4 6,931 0 0 0.0
2023 Q3 0 1 0
2022 Q4 0 20 8
2022 Q3 12,855 2 1 155.6
2022 Q2 14,231 18 2 1264.8
2022 Q1 1,440 30 2 20833.3
2021 Q4 0 0 0
2021 Q3 0 17 1
2021 Q2 8,158 2 0 245.2
2021 Q1 7,504 2 0 266.5
2020 Q4 7,530 32 7 4249.7
2020 Q2 7,127 11 1 1543.4
2020 Q1 801 1 0 1248.4
2019 Q4 8,747 3 0 343.0
2019 Q3 14,135 8 1 566.0
2019 Q2 8,064 23 6 2852.2
2019 Q1 8,015 3 0 374.3
2018 Q4 9,696 5 0 515.7
2018 Q3 7,959 3 0 376.9
2018 Q2 10,256 4 0 390.0
2018 Q1 6,535 9 1 1377.2
2017 Q4 3,605 0 0 0.0
2017 Q3 12,104 14 8 1156.6
2017 Q2 15,400 0 0 0.0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 1,132 0 0 0.0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 172 0 0 0.0
2015 Q1 726 0 0 0.0
2014 Q4 310 0 0 0.0
2014 Q3 676 0 0 0.0
2014 Q2 1,491 0 0 0.0
2014 Q1 1,680 0 0 0.0
2013 Q4 7,186 3 1 417.5
2013 Q3 8,181 9 1 1100.1
2013 Q2 11,701 0 0 0.0
2013 Q1 13,453 8 2 594.7
2012 Q4 10,354 1 0 96.6
2012 Q3 14,715 12 1 815.5
2012 Q2 13,972 0 0 0.0
2012 Q1 19,757 3 0 151.8
2011 Q4 23,751 0 0 0.0
2011 Q3 25,196 6 0 238.1
2011 Q2 14,631 0 0 0.0
2010 Q4 9,771 0 0 0.0
2010 Q3 708 0 0 0.0
2010 Q2 800 0 0 0.0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2019 · 1 incident

April 30, 2019 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator STEPPING OR KNEELING ON OBJECT
Nufac Mining Company Inc · Struck against stationary object

Employee stepped on a floor drainway gate and twisted right knee

2011 · 1 incident