Mining Incidents

Mine No. 1: 368 MSHA citations Coal

Controlled by Edward A Asbury
Kimball, Mcdowell County, WV  ·  NonProducing
MSHA Mine ID: 4608581

Mine No. 1 has $428K in proposed MSHA penalties and $151 outstanding across 34 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
1996–2009
Latest incident
Aug 2009
Compliance record
MSHA citations since 2001
368
citations
119
significant & substantial
$427,799
proposed penalties
$112,594
paid to date
26% of proposed penalties paid to date, a $315,205 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
93
inspections on record
2,868
inspection hours
12.8
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.
368 citations across 2,868 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: 2011-03-04.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Mine No. 1 has $428K in proposed MSHA penalties and $151 outstanding across 34 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.
$428K
proposed penalties
$113K
current assessed
$113K
paid to date
$151
outstanding
362 assessments are final orders; 34 contested dockets.
Of $451K in penalties contested before the Commission, $75K was upheld in final decisions.
As of the most recent assessment on 2025-09-30.
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.
32.9%
significant & substantial
9.4%
high negligence or reckless
32.9%
reasonably likely or greater
37.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 19.6% low, 71.0% moderate, 9.1% high, 0.3% 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.
126 citations taken to the federal commission · 34% of citations on record
  • Settled 123 · 98%
  • Vacated or withdrawn 3 · 2%
78%
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 86 decided S&S contests · industry: 79%
83%
Penalty reduction in decided contests
$468K proposed, $77K 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 2014-09-30.
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 2012-1380 Settlement Simonton 2013 $145K → $8K
WEVA 2012-629 Settlement Simonton 2013 $120K → $1K
WEVA 2009-793 Settlement Paez 2010 $60K → $765
WEVA 2012-37 Settlement Feldman 2014 $30K → $9K
WEVA 2012-1314 Settlement Simonton 2015 $18K → $4K
WEVA 2012-1004 Settlement Simonton 2015 $13K → $13K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 1 shows 95% of 453 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: 2013-04-03, 13 years ago
95%
within 1.5 mg/m3
453
samples
6.63
dust max (mg/m3)
193 samples taken by MSHA inspectors, 260 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR253
  • TRACTOR OPERATOR/MOTORMAN41
  • ROOF BOLTER (SINGLE HEAD)28

Silica (quartz)

Last sampled: 2013-04-02, 13 years ago
11.1
silica avg (%)
33
samples
45.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR24

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: 2011-02-03, 15 years ago
0%
over PEL
22
samples
Most-sampled occupations
  • TRACTOR OPERATOR/MOTORMAN7
  • ROOF BOLTER (SINGLE HEAD)5
  • CONTINUOUS MINER 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
2013 100% 16
2012 96% 48
2011 91% 22
2010 98% 55
2009 100% 70
2008 97% 62
2007 91% 47
2006 96% 47
2005 94% 54
2004 50% 4
2002 83% 12
2001 94% 16
Silica (quartz) by year
Year silica avg (%) samples
2013 5.6 1
2012 7.5 4
2011 9.7 1
2010 4.8 3
2009 7.2 6
2008 8.1 3
2007 8.2 4
2006 8.7 4
2005 31.5 4
2002 17.9 2
2001 9.0 1
Noise by year
Year over PEL samples
2011 0% 2
2009 0% 7
2008 0% 6
2006 0% 4
2005 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 1 recorded 0.00 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 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
2012 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 7.42 7.42 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 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. Bailey Deep Mining Inc 1996 to 2000
  2. Ruscat Enterprises Inc 2000 to 2004
  3. A B & R Coal Company, Inc. 2004 to 2004
  4. Blue Haven Energy, Inc. 2004 to 2010
  5. Triple G Coal Company, Inc. 2010 to 2018
  6. Glow Worm Coal Company 2018 to 2019
  7. Triple G Coal Company, 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 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 0
2017 0
2016 0
2015 0
2014 0
2013 6 7,628
2012 11 26,093
2011 12 7,132
2010 15 25,698
2009 12 38,150
2008 10 51,896
2007 10 56,409
2006 10 48,364
2005 7 17,570
2004 6 978
2002 3 2,963
2001 9 8,758
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
2026 Q2 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 1 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
2024 Q2 0 0 0
Show 83 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 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 0 1 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 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 0 0 0
2014 Q4 0 1 0
2014 Q3 0 6 0
2014 Q2 0 1 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 2 0
2013 Q2 4,759 2 0 420.3
2013 Q1 7,869 12 4 1525.0
2012 Q4 6,890 12 0 1741.7
2012 Q3 6,244 9 3 1441.4
2012 Q2 6,254 13 6 2078.7
2012 Q1 6,077 15 0 2468.3
2011 Q4 2,911 7 1 2404.7
2011 Q3 784 7 5 8928.6
2011 Q2 4,906 5 2 1019.2
2011 Q1 6,928 30 12 4330.3
2010 Q4 7,550 4 2 529.8
2010 Q3 6,788 15 3 2209.8
2010 Q2 8,949 10 1 1117.4
2010 Q1 4,383 13 7 2966.0
2009 Q4 6,822 15 9 2198.8
2009 Q3 4,507 17 7 3771.9
2009 Q2 7,770 10 3 1287.0
2009 Q1 7,861 20 6 2544.2
2008 Q4 7,627 13 7 1704.5
2008 Q3 6,979 3 2 429.9
2008 Q2 6,020 4 2 664.5
2008 Q1 6,611 4 1 605.1
2007 Q4 6,563 7 4 1066.6
2007 Q3 6,276 2 0 318.7
2007 Q2 6,766 0 0 0.0
2007 Q1 7,051 0 0 0.0
2006 Q4 6,461 0 0 0.0
2006 Q3 6,658 2 0 300.4
2006 Q2 6,774 5 2 738.1
2006 Q1 6,391 6 2 938.8
2005 Q4 5,882 8 2 1360.1
2005 Q3 3,947 13 6 3293.6
2005 Q2 4,062 13 4 3200.4
2005 Q1 3,179 11 1 3460.2
2004 Q4 2,063 15 0 7271.0
2002 Q3 0 0 0
2002 Q2 0 0 0
2002 Q1 2,384 8 3 3355.7
2001 Q4 5,674 20 10 3524.9
2001 Q3 4,518 1 0 221.3
No fatalities recorded at this mine.

Reportable incidents

8 on file

2009 · 1 incident

2004 · 1 incident

1999 · 1 incident

January 30, 1999 WV · Coal FIRE
Bailey Deep Mining Inc · Accident type, without injuries

A FIRE OCCURRED IN THE SHOP AT THE SURFACE LOCATION OF OUR NO.1 DEEP MINE. FIRE NOT EXT. WITHIN 30 MINUTES. CAUSE OF FIRE NOT DETERMINED.

1998 · 1 incident

April 14, 1998 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bailey Deep Mining Inc · Caught in, under or between a moving and a stationary object

EE WAS INSTALLING A BOLT IN THE "LEVELING ARM" OF THE ROOF BOLTER WHEN HE CAUGHT HIS HAND BETWEEN THE ARM & THE ROOF BOLTER HEAD.

1997 · 3 incidents

April 17, 1997 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bailey Deep Mining Inc · Caught in, under or between (Not Elsewhere Classified)

EE WAS INSTALLING ROOF BOLTS AND CAUGHT HIS FINGER BETWEEN THE ROOF BOLT & THE BOLTER HEAD.

April 16, 1997 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler DISORDERS (REPEATED TRAUMA)
Bailey Deep Mining Inc · Over-exertion (Not Elsewhere Classified)

EE REPORTED TO MANAGEMENT THAT HE HAD PAIN IN HIS KNEE AND THAT HIS DR. SAID IT WAS DUE TO CRAWLING IN LOW COAL.

February 27, 1997 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bailey Deep Mining Inc · Caught in, under or between (Not Elsewhere Classified)

EMP WAS TRAMMING ROOF BOLTER TO #4 FACE. HAD HISARM ON TOP OF BOLTER. RAN OVER A ROCK INROADWAY CAUSING HIS ARM TO GET CAUGHT BETWEEN BOLTER ANDTHE TOP.

1996 · 1 incident

December 7, 1996 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Bailey Deep Mining Inc · Struck by falling object

ROCK FELL OUT BETWEEN THE TRS AND ROOF BOLT STRIKING THE OPERATOR ON THE BACK OF HIS NECK AND SHOULDER CAUSING A BRUISE.