Mining Incidents

McClure #9 Operation: 13 MSHA citations Coal

Controlled by Kim Popple
Bear Creek Township, Luzerne County, PA  ·  Abandoned
MSHA Mine ID: 3604969

McClure #9 Operation has $7K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2017
Latest incident
Jul 2017
Compliance record
MSHA citations since 2004
13
citations
2
significant & substantial
$7,092
proposed penalties
$4,200
paid to date
59% of proposed penalties paid to date, a $2,893 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
36
inspections on record
558
inspection hours
n/a
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: 558 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

McClure #9 Operation has $7K in proposed MSHA penalties and $0 outstanding across 2 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.
$7K
proposed penalties
$4K
current assessed
$4K
paid to date
$0
outstanding
13 assessments are final orders; 2 contested dockets.
Of $6K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2019-02-06.
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.
15.4%
significant & substantial
15.4%
high negligence or reckless
15.4%
reasonably likely or greater
0.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.7% low, 76.9% moderate, 15.4% 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.
2 citations taken to the federal commission · 15% of citations on record
  • Settled 2 · 100%
49%
Penalty reduction in decided contests
$6K proposed, $3K 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 2017-10-02.
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.
Docket Decision Judge Year Proposed / upheld
PENN 2018-0012 Settlement Bulluck 2018 $6K → $3K
PENN 2018-0011 Settlement Bulluck 2018 $116 → $116
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at McClure #9 Operation shows 100% of 33 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: 2023-12-19
100%
within 1.5 mg/m3
33
samples
0.71
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.
25 samples taken by MSHA inspectors, 8 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER9
  • BACKHOE OPERATOR8

Silica (quartz)

Last sampled: 2022-08-29, 3 years ago
0.4
silica avg (%)
1
samples
0.4
silica max (%)
Most-sampled occupations
  • 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: 2023-09-06
0%
over PEL
24
samples
Most-sampled occupations
  • BACKHOE OPERATOR8
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • BULLDOZER OPERATOR6
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
2023 100% 9
2022 100% 7
2021 100% 2
2019 100% 1
2014 100% 1
2013 100% 1
2009 100% 9
2005 100% 1
2004 100% 2
Noise by year
Year over PEL samples
2023 0% 5
2022 0% 4
2021 0% 1
2019 0% 1
2014 0% 1
2013 0% 1
2009 0% 9
2005 0% 1
2004 0% 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Joseph L Nowakowski 1974 to 2004
  2. Mc Clure Enterprises Inc 2004 to 2009
  3. Popple Const. Inc. 2009 to 2019
  4. Pioneer Equipment Rentals, Inc. 2019 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)
2026 0
2025 0
2024 3
2023 6
2022 5
2021 1
2020 0
2019 0
2017 0
2016 0
2015 1 12,984
2014 1 17,762
2013 1 30,986
2012 0
2010 0
2009 7 82,299
Source: MSHA quarterly employment and production, updated weekly.

McClure #9 Operation sits in Luzerne County, Pennsylvania, where the Census mining category is 0.2% 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.
Luzerne County, Pennsylvania · Population 325,978
0.2%
Mining share of county employment
$62,321
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 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 223 0 0 0.0
2024 Q3 131 0 0 0.0
Show 47 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 96 0 0 0.0
2024 Q1 20 0 0 0.0
2023 Q4 1,764 0 0 0.0
2023 Q3 1,523 0 0 0.0
2023 Q2 627 0 0 0.0
2023 Q1 937 0 0 0.0
2022 Q4 323 0 0 0.0
2022 Q3 475 0 0 0.0
2022 Q2 1,082 0 0 0.0
2022 Q1 1,683 0 0 0.0
2021 Q4 174 0 0 0.0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 150 5 0 33333.3
2017 Q3 0 2 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 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 0 0 0
2015 Q1 751 0 0 0.0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 494 1 0 2024.3
2013 Q4 0 0 0
2013 Q3 39 0 0 0.0
2013 Q2 303 0 0 0.0
2013 Q1 233 1 1 4291.8
2012 Q4 0 0 0
2010 Q1 0 0 0
2009 Q4 4,390 0 0 0.0
2009 Q3 567 0 0 0.0
2009 Q2 1,870 0 0 0.0
2009 Q1 450 3 1 6666.7
No fatalities recorded at this mine.

Reportable incidents

1 on file

2017 · 1 incident

July 7, 2017 PA · Coal trespasser OTHER
Popple Const. Inc. · Unclassified, insufficient data

We have no information as the state police could not find any witnesses on accident scene. We also called the local police and they could not give us any information because it was being treated criminal matter. Trespasser on ATV collided with cable gate resulted in a fatality.