Mining Incidents

Mine No 1: 396 MSHA citations Coal

Controlled by Edward A Asbury
Cucumber, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4607562

Mine No 1 has $194K in proposed MSHA penalties and $77 outstanding across 18 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
38
Years on record
1989–2009
Latest incident
Dec 2009
Compliance record
MSHA citations since 2000
396
citations
126
significant & substantial
$193,610
proposed penalties
$146,162
paid to date
75% of proposed penalties paid to date, a $47,448 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
126
inspections on record
4,283
inspection hours
9.2
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.
396 citations across 4,283 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2010-08-03.
On record since 2010.
Source: MSHA imminent-danger order records, updated weekly.

Mine No 1 has $194K in proposed MSHA penalties and $77 outstanding across 18 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.
$194K
proposed penalties
$146K
current assessed
$146K
paid to date
$77
outstanding
380 assessments are final orders; 18 contested dockets.
Of $166K in penalties contested before the Commission, $98K was upheld in final decisions.
As of the most recent assessment on 2010-08-03.
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.
33.0%
significant & substantial
8.1%
high negligence or reckless
33.0%
reasonably likely or greater
49.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.8% low, 80.1% moderate, 8.1% 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.
77 citations taken to the federal commission · 19% of citations on record
  • Settled 70 · 91%
  • Stood as issued 3 · 4%
  • Vacated or withdrawn 4 · 5%
75%
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 57 decided S&S contests · industry: 79%
41%
Penalty reduction in decided contests
$166K proposed, $98K 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 2011-03-07.
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 2010-711 Settlement Andrews 2011 $48K → $18K
WEVA 2011-1182 Settlement Barbour 2014 $43K → $32K
WEVA 2009-752 Settlement Bulluck 2011 $20K → $13K
WEVA 2010-712 Settlement Lesnick 2011 $10K → $5K
WEVA 2009-1263 Settlement Paez 2010 $8K → $5K
WEVA 2009-911 Settlement Weisberger 2011 $8K → $5K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 1 shows 94% of 564 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: 2010-03-03, 16 years ago
94%
within 1.5 mg/m3
564
samples
6.78
dust max (mg/m3)
260 samples taken by MSHA inspectors, 304 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR315
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)67
  • ROOF BOLTER (SINGLE HEAD)23

Silica (quartz)

Last sampled: 2009-11-09, 16 years ago
4.1
silica avg (%)
27
samples
10.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR19

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: 2010-03-03, 16 years ago
0%
over PEL
31
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • CONTINUOUS MINER OPERATOR7
  • SHUTTLE CAR OPERATOR (OFF STANDARD)4
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
2010 88% 8
2009 82% 34
2008 97% 63
2007 80% 35
2006 86% 37
2005 95% 60
2004 97% 61
2003 98% 65
2002 96% 54
2001 96% 75
2000 100% 72
Silica (quartz) by year
Year silica avg (%) samples
2009 6.8 3
2008 7.0 4
2007 6.4 1
2005 2.1 4
2004 4.8 1
2003 2.4 3
2002 3.7 3
2001 2.5 5
2000 3.6 3
Noise by year
Year over PEL samples
2010 0% 2
2008 0% 5
2005 0% 6
2003 0% 9
2001 0% 5
2000 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 1 recorded 11.69 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
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.
11.69
total case rate
5.85
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In West Virginia, coal mining averaged 4.29 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
2009 * 11.69 5.85 0.000
2008 * 10.35 6.90 0.000
2007 * 8.62 0.00 0.000
2006 * 3.87 3.87 0.000
2005 * 9.34 0.00 0.000
2004 * 3.37 0.00 0.000
2003 * 7.54 7.54 0.000
2002 * 4.15 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.
Ownership history
  1. Wp Coal Inc 1988 to 1990
  2. Double Take Mining Company Inc 1990 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)
2010 15 18,141
2009 21 78,568
2008 28 135,193
2007 12 50,534
2006 27 118,997
2005 32 169,983
2004 28 167,358
2003 25 192,007
2002 24 177,841
2001 24 214,845
2000 15 146,811
Source: MSHA quarterly employment and production, updated weekly.

Mine No 1 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
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q4 0 0 0
2010 Q2 7,035 0 0 0.0
2010 Q1 10,461 18 4 1720.7
2009 Q4 10,305 10 4 970.4
2009 Q3 2,231 2 0 896.5
2009 Q2 8,701 0 0 0.0
2009 Q1 12,967 31 5 2390.7
2008 Q4 17,080 61 24 3571.4
Show 35 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q3 12,703 7 5 551.1
2008 Q2 16,283 6 1 368.5
2008 Q1 11,879 6 3 505.1
2007 Q4 7,294 4 1 548.4
2007 Q3 5,535 1 0 180.7
2007 Q2 6,754 1 0 148.1
2007 Q1 3,623 0 0 0.0
2006 Q4 14,012 2 1 142.7
2006 Q3 10,791 0 0 0.0
2006 Q2 13,687 0 0 0.0
2006 Q1 13,245 2 2 151.0
2005 Q4 16,207 2 2 123.4
2005 Q3 16,869 11 3 652.1
2005 Q2 16,830 12 2 713.0
2005 Q1 14,349 13 3 906.0
2004 Q4 15,800 13 5 822.8
2004 Q3 15,542 12 4 772.1
2004 Q2 13,136 2 1 152.3
2004 Q1 14,956 7 4 468.0
2003 Q4 12,562 10 4 796.1
2003 Q3 13,854 11 5 794.0
2003 Q2 13,917 6 2 431.1
2003 Q1 12,707 3 1 236.1
2002 Q4 10,691 6 1 561.2
2002 Q3 12,416 8 4 644.3
2002 Q2 11,554 19 9 1644.5
2002 Q1 13,577 17 4 1252.1
2001 Q4 12,792 11 0 859.9
2001 Q3 13,275 6 0 452.0
2001 Q2 12,502 7 3 559.9
2001 Q1 14,688 26 5 1770.2
2000 Q4 12,482 7 1 560.8
2000 Q3 9,905 6 1 605.8
2000 Q2 7,651 12 5 1568.4
2000 Q1 6,495 10 2 1539.6
No fatalities recorded at this mine.

Reportable incidents

38 on file

2009 · 4 incidents

2008 · 4 incidents

August 26, 2008 WV · Coal electrician, lineman HANDLING OF MATERIALS
Double Take Mining Company Inc · Over-exertion in pulling or pushing objects

Injured was taking down 3/4" pipe that was beside feeder and transferring it across #3 belt. Pipe had been used as part of fire deluge system, drive had been removed. As he attempted to move it across belt, he felt a pain in his lower back on the right side.

2007 · 1 incident

2006 · 2 incidents

August 29, 2006 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator FALL OF ROOF OR BACK
Double Take Mining Company Inc · Struck by falling object

Employee was operating shuttle car when a slab of rock fell from the roof striking him on top of his head.

2005 · 3 incidents

October 28, 2005 WV · Coal continuous miner operator, coal mole operator MACHINERY
Double Take Mining Company Inc · Struck against a moving object

WHILE TRAMMING MINER TO THE FACE OF 00 HDG., TRAMMED OVER A HUMP IN THE ROADWAY & MINER TEETERED OVER HUMP CAUSING OPER. TO HIT HIS HEAD ON TOP.

April 11, 2005 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Double Take Mining Company Inc · Struck against stationary object

RUNNING S/C IN LOW TOP, EMPLOYEE HIT HEAD ON TOP INJURING NECK.

2004 · 2 incidents

October 23, 2004 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Double Take Mining Company Inc · Struck against a moving object

WHILE SITTING ON GOLF KART TALKING TO FELLOW EMPLOYEES (WHO WERE ON A MM3 MINI MAC MANTRIP) HE MUST HAVE HIT TRAM PEDAL AND HIT MANTRIP.

September 13, 2004 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss OTHER
Double Take Mining Company Inc · (Not Elsewhere Classified)

DEATH ON MINE PROPERTY. THE EMPLOYEE, A MINE FOREMAN, SUFFERED A FATAL HEART ATTACK WHILE ON MINE PROPERTY. THIS INCIDENT WAS INVESTIGATED BY MSHA, WV DEPT. OF MINES, AND COMPANY OFFICIALS.

2003 · 2 incidents

December 11, 2003 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Double Take Mining Company Inc · Over-exertion in lifting objects

EE STATES HE WAS UNLOADING TIMBERS FROM SCOOP AND PULLED MUSCLE IN HIS BACK.

May 31, 2003 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler

EE SAID HURT HIS KNEE MOVING MINER CABLE OUT OF WAY. EMPLOYEE SAID ACCIDENT HAPPENED ON THE MORNING OF 5/31/03. EMPLOYEE DID NOT NOTIFY MANAGEMENT UNTIL THE EVENING OF 6/1/03.

2002 · 2 incidents

February 15, 2002 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDTOOLS (NONPOWERED)
Double Take Mining Company Inc · Caught in, under or between a moving and a stationary object

JACKED UP BELT DRIVER #4 TO CHANGE OUT CRIB BLOCK OLD BLOCK WAS STUCK. TOOK ANOTHER CRIB BLOCK TO KNOCK OUT 1ST BLOCK GOT FINGER CAUGHT IN BETWEEN BLOCKS MASHING LITTLE FINGER ON LEFT HAND.

2001 · 1 incident

1998 · 1 incident

1997 · 1 incident

1996 · 2 incidents

1995 · 5 incidents

April 13, 1995 WV · Coal electrician, lineman FALL OF ROOF OR BACK
Double Take Mining Company Inc · Struck by falling object

INJURED PARTY WAS SITTING ON RIB BESIDE THE MINER AND A LOOSE SLUG OF ROCK FELL AND HIT HIM ON THE HEAD. HE STATED HE WAS OK AND DID NOT NEED TO GO TO THE DR ON 4-20-95. HE WENT TO THE DR AND THE DR RELEASE HIM. HE WORKED UNTIL 5-8-95. ON 5-2-95 HE CALLED AND SAID HE WENT BACK TO THE DR AND HE NOW NEEDS THERAPY FOR 30 DAYS.

February 24, 1995 WV · Coal continuous miner helper, coal mole helper, bridgeman HANDLING OF MATERIALS
Double Take Mining Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE STATED THAT HE DID NOT KNOW IT HAPPENEDMUST HAVE BEEN WHILE HE WAS DOING HIS JOB AS A MINER HELPER PULLING CABLE.

January 6, 1995 WV · Coal FIRE
Double Take Mining Company Inc · Accident type, without injuries

IT IS BELIEVED THAT NIGHT WATCHMAN TRYING TO THAW OUT FROZEN WATER LINE UNDER TRAILER WITH A 110 A.C. HEATER CAUSED FIRE.

1994 · 2 incidents

1991 · 5 incidents

October 21, 1991 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Double Take Mining Company Inc · Caught in, under or between a moving and a stationary object

I NAME WAS PINNING TOP & GOT HIS GLAOVE CAUGHT IN DRILL STEEL & IT TWISTED HIS WRIST & ARM

August 13, 1991 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Double Take Mining Company Inc · Caught in, under or between a moving and a stationary object

WHILE TRAVELING TO THE SURFACE AFTER THE SHIFT WAS OVER IN 32" COAL MEN WERE BEING TRANSPORTED TO THE SURFACE IN A 3 WHEELER LONG-AIRDOX MANTRIP,WHEN THE MANTRIP HIT A HOLE IN ROADWAY CAUSING TI TO BOUNCE AND THE MINERS FOOT HIT THE TOP CAUSING HIS LEG TO BOUNCE AND THE MINERS FOOR HIT THE TOP CAUSING HIS LEG TO BEND BACKWARD AND PULLING HIS KNEE OUT OF SOCKET.

July 26, 1991 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
Double Take Mining Company Inc · (Not Elsewhere Classified)

EMPLOYEE WAS INVOLVED IN A FIGHT WITH TWO OTHER EMPLOYEES EMPLOYEE LEFT MINE PROPERTY IMMEDIATELY AFTER BEING INFORMED BY SUPERVISOR

June 4, 1991 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Double Take Mining Company Inc · Over-exertion in pulling or pushing objects

WORKING IN LOW COAL 31" MOVING COAL FROM UNDER DRILL EHAD WITH HIS FOOT AND HIS KNEE CAME OUT OF ITS SOCKET. THIS EMPLOYEE'S KNEE WAS PREVIOUSLY INJUREC BEFORE HE STARTED WORKING WITH OUR COM PANY AND STATES THAT THIS HAS HAPPENED BEFORE.

1989 · 1 incident

March 30, 1989 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Wp Coal Inc · Struck against a moving object

RUNNING SHUTTLE CAR HIT HOLE JARRING BACK.