Mining Incidents

King Coal No 1 Mine: 124 MSHA citations Coal

Atlantic Leaseco LLC · Underground
Calvin, Nicholas County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609184

King Coal No 1 Mine has $56K in proposed MSHA penalties and $0 outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
13
Years on record
2007–2009
Latest incident
Jul 2009
Compliance record
MSHA citations since 2006
124
citations
41
significant & substantial
$55,755
proposed penalties
$40,181
paid to date
72% of proposed penalties paid to date, a $15,574 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
19
inspections on record
1,554
inspection hours
8.0
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.
124 citations across 1,554 inspection hours.
Source: MSHA inspections data, updated weekly.

King Coal No 1 Mine has $56K in proposed MSHA penalties and $0 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.
$56K
proposed penalties
$40K
current assessed
$40K
paid to date
$0
outstanding
121 assessments are final orders; 11 contested dockets.
Of $37K in penalties contested before the Commission, $21K was upheld in final decisions.
As of the most recent assessment on 2009-06-29.
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.
33.9%
significant & substantial
2.5%
high negligence or reckless
36.4%
reasonably likely or greater
24.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.8% low, 91.7% moderate, 2.5% 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.
29 citations taken to the federal commission · 23% of citations on record
  • Settled 29 · 100%
52%
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 25 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$37K proposed, $21K 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 2009-08-21.
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 2009-1598 Settlement Miller 2011 $10K → $8K
WEVA 2008-607 Settlement Feldman 2009 $6K → $2K
WEVA 2009-1878 Settlement Bulluck 2012 $5K → $2K
WEVA 2009-551 Settlement Lesnick 2010 $4K → $2K
WEVA 2009-1773 Settlement Bulluck 2012 $3K → $3K
WEVA 2008-1073 Settlement Melick 2009 $3K → $899
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at King Coal No 1 Mine shows 91% of 127 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: 2009-05-28, 17 years ago
91%
within 1.5 mg/m3
127
samples
4.31
dust max (mg/m3)
45 samples taken by MSHA inspectors, 82 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR78
  • ROOF BOLTER (SINGLE HEAD)14
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14

Silica (quartz)

Last sampled: 2009-03-24, 17 years ago
8.6
silica avg (%)
9
samples
12.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR9

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: 2007-10-27, 18 years ago
60%
over PEL
5
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)2
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2
  • CONTINUOUS MINER OPERATOR1
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
2009 86% 21
2008 91% 58
2007 95% 41
2006 86% 7
Silica (quartz) by year
Year silica avg (%) samples
2009 9.2 3
2008 8.8 5
2007 5.8 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

King Coal No 1 Mine recorded 4.66 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
4.66
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 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
2008 * 4.66 0.00 0.000
2007 * 16.69 7.15 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. Atlantic Leaseco LLC 2006 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)
2009 26 136,535
2008 37 330,618
2007 37 299,221
2006 40 69,296
Source: MSHA quarterly employment and production, updated weekly.

King Coal No 1 Mine sits in Nicholas County, West Virginia, where the Census mining category is 6.1% 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.
Nicholas County, West Virginia · Population 24,446
6.1%
Mining share of county employment
$49,280
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
2009 Q3 0 0 0
2009 Q2 22,431 9 2 401.2
2009 Q1 23,247 10 2 430.2
2008 Q4 22,381 14 3 625.5
2008 Q3 21,052 20 16 950.0
2008 Q2 21,532 11 2 510.9
2008 Q1 20,962 17 4 811.0
2007 Q4 23,861 16 5 670.6
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 19,280 4 0 207.5
2007 Q2 20,758 13 3 626.3
2007 Q1 20,002 8 3 400.0
2006 Q4 21,496 2 1 93.0
No fatalities recorded at this mine.

Reportable incidents

13 on file

2009 · 2 incidents

July 9, 2009 WV · Coal examiner, fire boss, pre-shift examiner, mine examiner HANDLING OF MATERIALS
Atlantic Leaseco LLC · Caught in, under or between a moving and a stationary object

EE was helping put a lid on Power Center and his finger got mashed between the box and lid.

January 19, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Atlantic Leaseco LLC · Struck by falling object

Piece of rock fell from roof hitting employee on the left hand and arm causing bruise rock measured 1"x3'x5".

2008 · 3 incidents

April 14, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Atlantic Leaseco LLC · Over-exertion (Not Elsewhere Classified)

Employee was stepping off the #2 bolter onto the mine floor and twisted his right knee.

March 6, 2008 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Atlantic Leaseco LLC · Struck by... (Not Elsewhere Classified)

Employee was wearing safety glasses and a scarf around face while grinding on tailpiece. He had quit grinding. With scarf & glasses still on, he coughed blowing debris from scarf under glasses into his eye.

2007 · 8 incidents

October 11, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Atlantic Leaseco LLC · Over-exertion in pulling or pushing objects

The coal truck was coming down the hill and met another truck coming up the hill. The driver got over too far and ran into the ditch causing the truck to turn over against the bank. As the driver was pulling himself out of the truck, he hurt his shoulder.

September 21, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Atlantic Leaseco LLC · Caught in, under or between a moving and a stationary object

While lowering the canopy on the roof bolter, EE had his right hand on top of the lever that lowers the jack. The canopy was lowered down on top of his hand. EE was looking away while lowering the canopy.

September 10, 2007 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Atlantic Leaseco LLC · Fall onto or against objects

EE was walking from power center towards the face, when he tripped on a piece of rock laying on bottom and fell. rt knee was bruised.

August 29, 2007 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Atlantic Leaseco LLC · Over-exertion (Not Elsewhere Classified)

Employee was getting in scoop. Stated he had hold of scoop canopy and was stepping into deck of scoop. Felt pain in Rt shoulder as if it dislocated.

August 21, 2007 WV · Coal electrician, lineman FALL OF ROOF OR BACK
Atlantic Leaseco LLC · Struck by falling object

EE was putting hand up on cable that was hung from roof. Said he felt rock and looked up and was hit with a small piece of rock in the face.

June 11, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Atlantic Leaseco LLC · Struck by falling object

While bolting top in the #6 entry, a piece of rock approx 2' X 1' X 5" thick fell and hit the operator side of the canopy. The piece of rock glanced off the canopy and hit the off side bolter operator in the back, causing a bruise.

April 14, 2007 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Atlantic Leaseco LLC · Struck by... (Not Elsewhere Classified)

While the employee was rolling up fly pad, the fly board broke and hit him across the nose cutting it and possibly breaking it (not likey).

February 13, 2007 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
Atlantic Leaseco LLC · Struck against a moving object

Miner was in 6 Rt, while cutting middle band of rock, the continuous miner started to bounce. The miner boom was bouncing up and down, causing the load-lock retrieve valves to release and let the boom fall into the S/C. This caused S/C to bounce and throw EE, the S/C operator, up into th top of the canopy.