Kepler Sewell Mine has $4K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
3
Years on record
2013
Latest incident
Jul 2013
Compliance record
MSHA citations since 2010
21
citations
5
significant & substantial
$3,506
proposed penalties
$3,506
paid to date
100% of proposed penalties paid to date, a $0 gap.
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: 410 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Kepler Sewell Mine has $4K in proposed MSHA penalties and $0 outstanding across 1 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.
$4K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
20 assessments are final orders; 1 contested dockets.
Of $176 in penalties contested before the Commission, $176 was upheld in final decisions.
As of the most recent assessment on 2013-07-24.
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.
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.
1citations taken to the federal commission · 5% of citations on record
Stood as issued
1 · 100%
100%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 1 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$176 proposed, $176 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 2010-08-02.
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.
MSHA sampling at Kepler Sewell Mine shows 97% of 30 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: 2013-07-15, 13 years ago
97%
within 1.5 mg/m3
30
samples
1.57
dust max (mg/m3)
12 samples taken by MSHA inspectors, 18 by the operator.
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.
Kepler Sewell Mine recorded 13.12 reportable injury cases per 100 full-time workers in 2013.
Injury rate, 2013
ⓘ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.
13.12
total case rate
6.56
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In West Virginia, coal mining averaged 4.56 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.
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)
2014
0
2013
14
51,379
2012
11
699
2011
1
2010
0
2009
0
2008
0
Source: MSHA quarterly employment and production, updated weekly.
Kepler Sewell 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
2014 Q2
0
0
0
2014 Q1
0
0
0
2013 Q4
0
0
0
2013 Q3
6,121
2
0
326.7
2013 Q2
13,609
6
2
440.9
2013 Q1
10,749
9
2
837.3
2012 Q4
1,057
0
0
0.0
2011 Q3
0
0
0
Show 5 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2011 Q2
0
0
0
2011 Q1
690
0
0
0.0
2010 Q3
0
1
0
2009 Q2
0
0
0
2008 Q3
0
0
0
No fatalities recorded at this mine.
Reportable incidents
3 on file
2013 · 3 incidents
July 17, 2013WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorPOWERED HAULAGE
EE was running #3 shuttle car ran over ledge in bottom turning right handed toward feeder. His head jerked back and rammed head into canopy. Has pain in neck and down right side of body.
Employee & co-worker were pulling the cable of a s-car when employee felt a tightening in his back. He finished the shift and didn't stop work until 3-18-13.
January 25, 2013WV · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossSLIP OR FALL OF PERSON
Traveling the face area, ice between 3 & 4 entry slight grade covered with ice. Employee went through fly pad slipped on ice landing on his back on his SCSR.
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