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Little Toby Mine: 1 recorded fatality Coal

Controlled by J Clifford Forrest III
Brockport, Elk County, PA  ·  Abandoned
MSHA Mine ID: 3608847

Little Toby Mine has $304K in proposed MSHA penalties and $32 outstanding across 48 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
30
Years on record
2004–2011
Latest incident
Feb 2011
Compliance record
MSHA citations since 2003
323
citations
92
significant & substantial
$303,824
proposed penalties
$111,281
paid to date
37% of proposed penalties paid to date, a $192,543 gap.
Source: MSHA violations data, updated weekly.
See Rosebud Mining Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2003
124
inspections on record
7,991
inspection hours
4.0
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.
323 citations across 7,991 inspection hours.
Source: MSHA inspections data, updated weekly.

Little Toby Mine has $304K in proposed MSHA penalties and $32 outstanding across 48 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.
$304K
proposed penalties
$111K
current assessed
$111K
paid to date
$32
outstanding
314 assessments are final orders; 48 contested dockets.
Of $280K in penalties contested before the Commission, $86K was upheld in final decisions.
As of the most recent assessment on 2012-04-25.
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.
29.1%
significant & substantial
4.1%
high negligence or reckless
29.4%
reasonably likely or greater
21.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.2% low, 74.7% moderate, 4.1% 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.
87 citations taken to the federal commission · 27% of citations on record
  • Settled 83 · 95%
  • Stood as issued 2 · 2%
  • Vacated or withdrawn 2 · 2%
73%
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 74 decided S&S contests · industry: 79%
69%
Penalty reduction in decided contests
$279K proposed, $85K 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 2011-12-27.
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
PENN 2008-152 Settlement Bulluck 2009 $117K → $13K
PENN 2009-401 Settlement Andrews 2011 $52K → $37K
PENN 2008-390 Settlement Bulluck 2009 $40K → $8K
PENN 2009-80 Settlement Bulluck 2010 $11K → $3K
PENN 2008-608 Settlement Melick 2009 $10K → $705
PENN 2010-685 Settlement Harner 2014 $6K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Little Toby Mine shows 91% of 536 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: 2011-10-19, 14 years ago
91%
within 1.5 mg/m3
536
samples
5.37
dust max (mg/m3)
275 samples taken by MSHA inspectors, 261 by the operator.
Most-sampled occupations
  • AUGER OPERATOR278
  • MOBILE BRIDGE OPERATOR68
  • ROOF BOLTER (SINGLE HEAD)68

Silica (quartz)

Last sampled: 2011-10-24, 14 years ago
2.3
silica avg (%)
31
samples
3.0
silica max (%)
Most-sampled occupations
  • AUGER OPERATOR31
See US coal mines ranked by silica in their dust samples.

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: 2011-08-17, 15 years ago
15%
over PEL
48
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • MOBILE BRIDGE OPERATOR9
  • ROOF BOLTER (SINGLE HEAD)8
See US mines ranked by noise samples over the legal limit.
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
2011 98% 56
2010 91% 68
2009 100% 46
2008 82% 78
2007 88% 49
2006 87% 47
2005 89% 72
2004 93% 82
2003 92% 38
Silica (quartz) by year
Year silica avg (%) samples
2011 2.4 4
2010 2.3 4
2009 2.0 2
2008 2.5 6
2007 2.5 3
2005 2.1 4
2004 2.2 7
2003 2.9 1
Noise by year
Year over PEL samples
2011 0% 4
2010 0% 9
2009 0% 8
2008 0% 6
2007 29% 7
2006 0% 2
2005 80% 5
2004 17% 6
2003 0% 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Little Toby Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
ⓘ 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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In Pennsylvania, coal mining averaged 4.31 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
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 7.88 5.25 2.626
2007 * 2.84 2.84 0.000
2006 * 0.00 0.00 0.000
2005 * 2.32 2.32 0.000
2004 * 8.09 8.09 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. Rosebud Mining Company 2000 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)
2018 0
2017 0
2016 0
2014 0
2013 0
2012 1
2011 17 154,162
2010 20 134,227
2009 14 102,616
2008 32 219,765
2007 29 282,594
2006 30 417,885
2005 37 474,472
2004 34 468,404
2003 12 82,977
2000 0
Source: MSHA quarterly employment and production, updated weekly.

Little Toby Mine sits in Elk County, Pennsylvania, where the Census mining category is 0.5% 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.
Elk County, Pennsylvania · Population 30,703
0.5%
Mining share of county employment
$64,103
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
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2014 Q4 0 0 0
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 0 1 0
2012 Q1 614 2 0 3257.3
2011 Q4 5,559 6 2 1079.3
2011 Q3 9,885 5 1 505.8
2011 Q2 11,569 5 1 432.2
2011 Q1 13,049 11 1 843.0
2010 Q4 12,293 7 0 569.4
2010 Q3 12,477 7 4 561.0
2010 Q2 11,876 7 2 589.4
2010 Q1 11,688 9 2 770.0
2009 Q4 10,196 4 3 392.3
2009 Q3 6,681 8 3 1197.4
2009 Q2 1,048 3 1 2862.6
2009 Q1 8,687 9 2 1036.0
2008 Q4 19,886 7 4 352.0
2008 Q3 18,439 16 7 867.7
2008 Q2 18,426 13 4 705.5
2008 Q1 19,403 7 1 360.8
2007 Q4 19,072 5 2 262.2
2007 Q3 16,328 32 10 1959.8
2007 Q2 17,042 13 2 762.8
2007 Q1 17,919 9 4 502.3
2006 Q4 16,147 12 2 743.2
2006 Q3 11,773 12 4 1019.3
2006 Q2 17,153 23 1 1340.9
2006 Q1 22,885 10 4 437.0
2005 Q4 21,439 6 1 279.9
2005 Q3 18,816 5 1 265.7
2005 Q2 23,821 4 1 167.9
2005 Q1 22,020 7 3 317.9
2004 Q4 20,028 5 0 249.7
2004 Q3 19,899 8 2 402.0
2004 Q2 19,630 6 1 305.7
2004 Q1 14,587 8 3 548.4
2003 Q4 7,838 6 1 765.5
2003 Q3 7,446 9 4 1208.7
2003 Q2 2,365 8 4 3382.7
2003 Q1 1,266 6 3 4739.3
2000 Q2 0 0 0

Fatalities at this mine

1 recorded
April 18, 2008 PA · Coal continuous miner operator, coal mole operator Fatality · MACHINERY
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

The victim placed himself where he could get hit by the mining machine.

Reportable incidents

29 on file (excluding fatalities above)

2011 · 1 incident

February 2, 2011 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

An unplanned roof fall in #2 & #3 room on 2nd south butt 80' inby spad #4846. The fall was about 50' long x 20' wide in both rooms & crosscut 3-2 room. the highest part of the fall is 12'-14' high. The rooms were bolted with 42" fully grouted resin bolts until we encountered sub normal roof in the #2 room. We rebolted outby the sub normal roof with 6'-8' install #2 bolts.

2009 · 2 incidents

May 7, 2009 PA · Coal MACHINERY
Rosebud Mining Company · Accident type, without injuries

On 5/8/09 at 440 am When I arrived at the mine site. The mine fan was not operating. After investigating found that one of the six blades for the fairchild fan broke off putting the fan out of balance and throwing the v belts off the pulley. Replaced the 50 hp Fairchild fan with a 50 hp Ingersoll Rand Fan.

February 4, 2009 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fell ni 6th Southeast Butt Room #24. 20' outby spad 3960. The fall was 30' long X 20' wide X 6' high. The roof was known bad roof had 48' cable bolts in intersections and was bolted with 6' fully grouted resin bolts. There was also 30"X30" cribs set inby this fall.

2008 · 7 incidents

October 28, 2008 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 2nd Northeast Butt #3 Entry 2 Crosscuts Inby Spad 3770. The fall was 20' long X 25' wide X 5' high. The place was bolted with 4' install #2 bolts.

October 11, 2008 PA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler DISORDERS (REPEATED TRAUMA)
Rosebud Mining Company · Rubbed or abraded

Crawling over period of time.

September 2, 2008 PA · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler OTHER
Rosebud Mining Company · Unclassified, insufficient data

Torn rotor cup - was uncertain of cause.

July 30, 2008 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in the intersection of the 4th N Butt and 4th NE Butt #2 Entries. Fall is located at survey spad #3553 and #3556. The roof fall is approx 80' long X 19' wide to 30' wide at intersection and approx 5' high. Roof was bolted with 4' Install II bolts.

May 13, 2008 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in room #2-3 of the 1st north butt in return air course. The fall was 20' wide x 80' long and 42" high. The roof was bolted with 42" fully grouted resin bolts.

April 9, 2008 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 1st north main at spad # 784 in Return Air Course. The fall was 30' wide x 30' long and 5' high. The roof was bolted with 4' fully grouted resin bolts at the time of the fall. Set post to all access to fall.

January 4, 2008 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 2nd North Butt Room #5. The fall is 20' wide, 120' long, 5' high and is approximately 3400' from working face inby spad #3144. The place was bolted with 42" fully grouted resin bolts.

2007 · 12 incidents

December 26, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 2nd North Butt Room, #12. The fall is 80' long, 20' wide and 5' high. Inby spad #3119. The place was bolted with 42" fully grouted resin bolts.

October 29, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 6th NE butt in Rooms 17, 18, 19 and 200' at spad #2672. The fall is 150' long and 70' wide and 3 1/2' - 4' high. The rooms were bolted with 3' fully grouted resin bolts.

October 29, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall in 6th NE rooms 23 and 24. Spad #2698. The fall is 80' long and 20' wide and 3 1/2' - 4' high. The roof was bolted with 3' fully grouted resin bolts.

October 24, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in the 2nd north belt #3 room. Roof fell at spad #3141. The roof fall is 65' long, 20' wide and 7' high. The entry was bolted with 42" full grouted resin bolts with 6' full grouted resin bolt spotted for extra roof support.

August 20, 2007 PA · Coal INUNDATION
Rosebud Mining Company · Accident type, without injuries

About 10:00 pm afternoon shift mined into an unplanned 6" drill hole. Overburst of water came out then a small dripper 02ch4. Built a 24-24 Solid concrete piller under hole ater hole was plugged top and bottom.

July 13, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in the 5th north east butt #3 #4 room. The roof fall started at spad 2878 and was 120' in length, 5-6' high. The rooms were oblted with 42' fully grouted resin bolts. All entry to the roof fall cribs were built.

July 5, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in the 5th nor east butt #5 entry. The fall was about 40' inby spad #2877. 65'l x 20' w. The entery was bolted with 42" fully grouted resin bolts.

May 23, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in 5th North East Belt #1 Entry & Crosscut 2-1 Entry. 20' x 40' in length. The fall was 55' outby the face of the #1 Entry & inby Spad #2883 25'. The roof was bolted with 42" fully grouted resin & some 6' fully grouted resin spotted. The anchorage zone was 42". The roof fall was 6'-7' high.

April 11, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in 6th nebutt. Between room #27 & #26 in last x cut inby spad #2730, 50 ft long and 20 ft wide. 4'-41/2' high. Anchorage point was 36" fully grouted resin bolt.

March 28, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above Anchorage Zone in 1st North Butt Room #12 outby Spad #2514 and inby Spad #2508. Two cross cuts in length 4'-4 1/2' high. Anchorage Zone was 36" fully grouted resin bolts.

March 10, 2007 PA · Coal examiner, fire boss, pre-shift examiner, mine examiner POWERED HAULAGE
Rosebud Mining Company · Struck by... (Not Elsewhere Classified)

While operating a Johnson personal carrier, he was hauling a spill board for a belt drive on top of jeep behind operator seat, while tramming the jeep down the belt line. The spill board got caught on an airlock door and swung around and hit him in the back of the neck, causing his neck to break.

January 31, 2007 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above qanchorage zone in 1st North Butt Room #11 outyb spad #2513 and Inby spad #2504. Two crosscuts in length, above anchorage zone. Anchorage zone was 36" fully grouted resin.

2006 · 2 incidents

July 10, 2006 PA · Coal INUNDATION
Rosebud Mining Company · Accident type, without injuries

The #3 seal of 3rd NW butt seals had a passive flow of water from the discharge pipe resulting in power being kicked and mine fan going into a stall.

April 5, 2006 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

UNPLANNED ROOF FALL ABOVE ANCHORAGE ZONE IN 7TH NORTH WEST BUTT #2 ROOM OUTBY SPAD #1692, TWO CROSSCUTS IN AN INTERSECTION. APPROX. 20'WIDE X 30'LONG, FELL ABOUT 42" TO 48" HIGH. ANCHORAGE ZONE WAS 42" FULLY GROUTED RESIN BOLT.

2005 · 2 incidents

October 28, 2005 PA · Coal FALL OF ROOF OR BACK
Rosebud Mining Company · Accident type, without injuries

Unplanned roof fall above anchorage zone in north main inby survey station 801, 2 crosscuts inby the intersection. Approximately 20' wide, 35' lenght. Fell about 3' above anchorage zone of 4' resin bolts.

March 8, 2005 PA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Rosebud Mining Company · Fall from machine

While changing drive roller on conveyor belt slipped on snow conditions on belt and fell 6-8" to ground breaking colar bone and a rib.

2004 · 3 incidents

March 26, 2004 PA · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Rosebud Mining Company · Caught in, under or between a moving and a stationary object

A ROCK JAMMED IN THE BRIDGE CONVEYOR. HE WAS TRYING TO GET ROCK OUT WHEN IT FELL AND TILTED PINCHING HIS FINGER BETWEEN THE ROCK AND THE MINE ROOF.

March 4, 2004 PA · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rosebud Mining Company · Caught in, under or between (Not Elsewhere Classified)

HE WAS LOADING LOW BELT STRUCTURE INTO A SUPPLY CAR WHEN HE SMASHED HIS MIDDLE FINGER ON THE RT.HAND BETWEEN THE STRUCTURE AND THE SUPPLY CAR.