Mining Incidents

Mine 5: 46 MSHA citations Coal

Alum Creek, Lincoln County, WV  ·  Abandoned
MSHA Mine ID: 4609120

Mine 5 has $37K 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
8
Years on record
2006–2012
Latest incident
May 2012
Compliance record
MSHA citations since 2006
46
citations
21
significant & substantial
$36,910
proposed penalties
$30,869
paid to date
84% of proposed penalties paid to date, a $6,041 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
18
inspections on record
757
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: 757 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Mine 5 has $37K 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.
$37K
proposed penalties
$31K
current assessed
$31K
paid to date
$0
outstanding
46 assessments are final orders; 2 contested dockets.
Of $21K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2012-01-25.
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.
45.7%
significant & substantial
0.0%
high negligence or reckless
45.7%
reasonably likely or greater
28.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.0% low, 87.0% moderate, 0.0% 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.
5 citations taken to the federal commission · 11% of citations on record
  • Settled 5 · 100%
60%
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 5 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$21K proposed, $15K 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 2010-05-19.
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.
Docket Decision Judge Year Proposed / upheld
WEVA 2009-1262 Settlement Gilbert 2012 $18K → $13K
WEVA 2010-1066 Settlement Tureck 2011 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine 5 shows 100% of 48 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: 2012-01-31, 14 years ago
100%
within 1.5 mg/m3
48
samples
0.71
dust max (mg/m3)
48 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE14
  • BULLDOZER OPERATOR11
  • HIGHLIFT OPERATOR/FRONT END LOADER6

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: 2012-01-31, 14 years ago
12%
over PEL
26
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
  • HIGHLIFT OPERATOR/FRONT END LOADER5
  • BULLDOZER OPERATOR4
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
2012 100% 4
2011 100% 10
2010 100% 9
2009 100% 11
2008 100% 10
2006 100% 4
Noise by year
Year over PEL samples
2012 0% 4
2011 0% 3
2010 25% 4
2009 0% 5
2008 33% 6
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine 5 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 West Virginia, coal mining averaged 4.45 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 2.75 2.75 0.000
2009 1.59 1.59 0.000
2008 * 0.00 0.00 0.000
2006 * 7.56 7.56 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. Hanover Resources, LLC 2005 to 2007
  2. Coal River Mining LLC 2007 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)
2013 0
2012 0
2011 33 361,930
2010 48 665,070
2009 44 636,302
2008 28 364,727
2007 3 20,258
2006 25 283,412
2005 22 22,739
Source: MSHA quarterly employment and production, updated weekly.

Mine 5 sits in Lincoln County, West Virginia, where the Census mining category is 5.3% 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.
Lincoln County, West Virginia · Population 20,170
5.3%
Mining share of county employment
$48,593
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
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 810 0 0 0.0
2012 Q1 0 3 3
2011 Q4 5,708 0 0 0.0
2011 Q3 15,963 2 1 125.3
2011 Q2 17,598 0 0 0.0
Show 21 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q1 29,312 3 1 102.3
2010 Q4 32,027 0 0 0.0
2010 Q3 43,484 1 0 23.0
2010 Q2 35,374 0 0 0.0
2010 Q1 34,336 6 2 174.7
2009 Q4 35,256 0 0 0.0
2009 Q3 28,932 0 0 0.0
2009 Q2 35,624 6 5 168.4
2009 Q1 25,836 7 4 270.9
2008 Q4 19,986 0 0 0.0
2008 Q3 20,336 2 1 98.3
2008 Q2 18,700 0 0 0.0
2008 Q1 2,872 4 0 1392.8
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 3,166 0 0 0.0
2006 Q4 13,291 0 0 0.0
2006 Q3 13,309 0 0 0.0
2006 Q2 12,900 1 1 77.5
2006 Q1 13,386 2 1 149.4
2005 Q4 13,012 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2012 · 1 incident

May 31, 2012 WV · Coal mechanic helper MACHINERY
Coal River Mining LLC · Struck by... (Not Elsewhere Classified)

Employee states that while grinding on a 777 cab, the grinder kicked back and struck his right hand.

2010 · 2 incidents

November 18, 2010 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Coal River Mining LLC · Over-exertion (Not Elsewhere Classified)

Employee states that while cleaning the right side windows, he stepped onto the boom and step. His foot slipped and he caught all of his weight with his left arm. He felt something in his shoulder(pain).

March 17, 2010 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Coal River Mining LLC · Fall from machine

Employee was exiting a 777 rock truck. He had 3 points of contact, backing down the ladder, with nothing in his hands. As his foot got to the second step from the bottom, he slipped and fell to the ground.

2009 · 2 incidents

August 21, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Coal River Mining LLC · Over-exertion (Not Elsewhere Classified)

Climbing down from a D9T, put left foot on ground and turned body to the left. Foot did not pivot causing the left knee to twist and pop. Currently on light duty.

February 12, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Coal River Mining LLC · Struck against a moving object

Running 16 motor grader, took a hard bounce which resulted in air ride set bottom olut causing back pain. Note: Employee came back to work the next shift and worked til 3/5/09, left job & went to doctor.

2008 · 1 incident

June 17, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Coal River Mining LLC · Fall from machine

Associate was climbing out of powder truck, when he fell and injured his back.

2006 · 2 incidents

August 2, 2006 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer STRIKING OR BUMPING
Hanover Resources, LLC · Struck against stationary object

EMPLOYEE WAS HELPING TO INSTALL A LIGHT PLANT. THE EMPLOYEE STEPPED OVER THE TUNG AND HIT HIS HEAD ON THE BOOM.

June 27, 2006 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Hanover Resources, LLC · Struck against a moving object

EMPLOYEE WAS BACKING UP TO DUMP WHEN HE STARTED TO RAISE THE BED OF THE TRUCK, A ROCK KICKED OUT FROM UNDER THE RIGHT TIRE CAUSING THE TRUCK TO OVER TURN.