Panther, Mcdowell County,
WV
·
Abandoned and Sealed
MSHA Mine ID: 4609387
Lower War Eagle Mine has $72K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.
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Fatalities
0
Total incidents
11
Years on record
2012–2015
Latest incident
Aug 2015
Compliance record
MSHA citations since 2012
209
citations
50
significant & substantial
$72,300
proposed penalties
$69,350
paid to date
96% of proposed penalties paid to date, a $2,950 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.
209 citations across 2,860 inspection hours.
Source: MSHA inspections data, updated weekly.
Lower War Eagle Mine has $72K in proposed MSHA penalties and $0 outstanding across 7 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.
$72K
proposed penalties
$69K
current assessed
$69K
paid to date
$0
outstanding
208 assessments are final orders; 7 contested dockets.
Of $9K in penalties contested before the Commission, $6K was upheld in final decisions.
As of the most recent assessment on 2016-02-29.
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.
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.
19citations taken to the federal commission · 9% of citations on record
Settled
17 · 89%
Stood as issued
2 · 11%
54%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 13 decided S&S contests · industry: 79%
33%
Penalty reduction in decided contests
$9K proposed, $6K 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 2014-05-19.
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 Lower War Eagle Mine shows 94% of 497 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: 2016-02-25, 10 years ago
94%
within 1.5 mg/m3
497
samples
5.53
dust max (mg/m3)
4
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.
213 samples taken by MSHA inspectors, 284 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.
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.
Lower War Eagle Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2016.
Injury rate, 2016
ⓘ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 3.79 and the all-US-mining average was 2.59 cases per 100 workers.
In West Virginia, coal mining averaged 6.22 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
2016 *
0.00
0.00
0.000
2015
3.11
3.11
0.000
2014
3.00
0.00
0.000
2013
4.34
2.89
0.000
2012
1.90
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.
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)
2017
0
2016
22
83,824
2015
63
252,386
2014
64
257,370
2013
64
256,905
2012
49
176,932
2011
0
2010
0
Source: MSHA quarterly employment and production, updated weekly.
Lower War Eagle Mine sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
After completing the cut in #4 heading near spad #3839 the employee was in a squat position. Upon standing and taking two steps, stepped onto the miner cable and waterline and twisted his right foot. Employee is unable to return to his regular duties.
May 30, 2015WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
Roof Fall was discovered during routine exam in the South East # 1 Sub Mains, in the number 2 entry near spad number 2513. The nearest working face is 3500 feet away from Fall area. Size of fall is 20 foot in length, 20 foot wide, and the height is 4 feet. All entrances to the fall area have been supported with additional supports, and access is blocked off.
Roof Fall was discovered around 7:30 am on morning of 07/31/2014. Size of the fall estimated at 20' X 20' X 4'. No one was injured and ventilation was not obstructed. All areas near the Fall have been cribbed off, and dangered off so no one can go in the effective area. The fall occured at Spad # 2485.
Roof Fall was discovered out by the working face of number one entry approximately 550' to 600' from the section The area was bolted according to roof control plan with four foot resin bolts. The area is in return air way doesn't block ventilation or prevent travel of the air course. All sides of the intersection have been cribbed off to prevent travel into the area.
April 25, 2014WV · Coalelectrician, linemanDUST DISEASE OF LUNGS
Employer was notified 4/25/14 that the employee has a sufficient degree of pneumoconiosis for Part 90 rights and that the employee has exercised those rights.
2013 · 3 incidents
August 21, 2013WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)MACHINERY
The employee was starting to drill the outside bolt hole on his third row of bolts, as the steel started to rotate a piece of rock 30 1/2" X 14" X 2" fell from the top and struck his right foot resulting in a fracture. The employee was wearing all proper and necessary PPE.
January 31, 2013WV · CoaldispatcherDUST DISEASE OF LUNGS
The employee and a helper were cutting down wire roof mesh when his are slipped and became caught by a piece of wire resulting in a laceration to his wrist.
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