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Mine No 11: 111 MSHA citations Coal

Frasure Creek Mining LLC · Underground
Kincaid, Fayette County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609329

Mine No 11 has $117K in proposed MSHA penalties and $20K outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
19
Years on record
2010–2012
Latest incident
May 2012
Compliance record
MSHA citations since 2010
111
citations
41
significant & substantial
$117,218
proposed penalties
$58,192
paid to date
50% of proposed penalties paid to date, a $59,026 gap.
Source: MSHA violations data, updated weekly.
See Frasure Creek Mining LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2009
31
inspections on record
941
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: 941 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 No 11 has $117K in proposed MSHA penalties and $20K outstanding across 11 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.
$117K
proposed penalties
$78K
current assessed
$58K
paid to date
$20K
outstanding
108 assessments are final orders; 11 contested dockets.
Of $121K in penalties contested before the Commission, $45K was upheld in final decisions.
As of the most recent assessment on 2012-09-19.
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.
38.0%
significant & substantial
10.2%
high negligence or reckless
38.0%
reasonably likely or greater
66.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 8.3% low, 81.5% moderate, 9.3% high, 0.9% 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.
24 citations taken to the federal commission · 22% of citations on record
  • Settled 23 · 96%
  • Vacated or withdrawn 1 · 4%
89%
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 19 decided S&S contests · industry: 79%
63%
Penalty reduction in decided contests
$121K proposed, $45K 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 2012-04-26.
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 2011-2472 Settlement Moran 2012 $79K → $12K
WEVA 2011-2085 Settlement Moran 2013 $18K → $15K
WEVA 2012-1060 Settlement Moran 2013 $5K → $4K
WEVA 2012-642 Settlement Moran 2013 $4K → $3K
WEVA 2011-2226 Settlement Moran 2012 $3K → $2K
WEVA 2012-493 Settlement Moran 2012 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 11 shows 89% of 132 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: 2012-01-18, 14 years ago
89%
within 1.5 mg/m3
132
samples
5.92
dust max (mg/m3)
57 samples taken by MSHA inspectors, 75 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR72
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)14
  • ROOF BOLTER (SINGLE HEAD)7

Silica (quartz)

Last sampled: 2011-09-29, 14 years ago
7.4
silica avg (%)
5
samples
13.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
See US coal mines ranked by silica in their dust samples.

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: 2011-12-01, 14 years ago
7%
over PEL
14
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • CONTINUOUS MINER OPERATOR3
  • ROOF BOLTER (SINGLE HEAD)2
See US mines ranked by noise samples over the legal limit.
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 88% 8
2011 90% 92
2010 88% 32
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 11 recorded 23.20 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.
23.20
total case rate
12.49
days-away rate
0.000
fatality rate
Above 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.
Year total case rate days-away fatal
2011 23.20 12.49 0.000
2010 * 17.79 4.45 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. Frasure Creek Mining LLC 2009 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)
2014 1
2013 1
2012 17 14,464
2011 61 141,656
2010 23 44,270
2009 0
Source: MSHA quarterly employment and production, updated weekly.

Mine No 11 sits in Fayette County, West Virginia, where the Census mining category is 3.0% 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.
Fayette County, West Virginia · Population 39,987
3.0%
Mining share of county employment
$52,672
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
2014 Q2 418 0 0 0.0
2014 Q1 461 0 0 0.0
2013 Q4 526 0 0 0.0
2013 Q3 414 0 0 0.0
2013 Q2 548 0 0 0.0
2013 Q1 454 0 0 0.0
2012 Q4 560 0 0 0.0
2012 Q3 878 3 0 3416.9
Show 14 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2012 Q2 3,038 1 1 329.2
2012 Q1 9,753 2 0 205.1
2011 Q4 33,545 19 3 566.4
2011 Q3 26,116 22 11 842.4
2011 Q2 27,415 13 6 474.2
2011 Q1 25,014 11 3 439.8
2010 Q4 30,397 26 12 855.3
2010 Q3 14,217 9 5 633.0
2010 Q2 360 0 0 0.0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

19 on file

2012 · 2 incidents

2011 · 13 incidents

October 3, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

Bolting top when rock fell hitting canopy and breaking into pieces. One piece hit him in left chest and rib area.

September 27, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

Bolting top when piece of rock struck left side of forehead.

September 8, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

Had a piece of rock fall off ATRS on roof bolter onto shoulder and neck.

July 14, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Bending roof bolt in #2 entry and hurt lower back.

July 7, 2011 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

S/C operator was walking across the section checking his haulage route when employee stepped into a hole turning his right ankle and foot.

June 10, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Frasure Creek Mining LLC · Struck by falling object

Employee was pulling a loose rib in the #0 entry; when the first part of the rib was pulled and came loose, the rib behind the employee came loose also, striking the employee on the left hip and ribs. Employee had damage to left ribs and dislocated left hip.

May 21, 2011 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Frasure Creek Mining LLC · Fall from machine

Was riding on rear raised section of man trip. Right shoulder and coverall shoulder strap caught roof bolt plate pulling him off back of man trip.

April 21, 2011 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Twisted lower back getting out of shuttle car

February 28, 2011 WV · Coal examiner, fire boss, pre-shift examiner, mine examiner HANDTOOLS (NONPOWERED)
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Was prying on a rock in box at #2 head drive. When it popped loose, pry bar hit him in the chest.

2010 · 4 incidents

December 14, 2010 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

EE fell on ice while walking across mine yard landing on his back.

September 9, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Frasure Creek Mining LLC · Struck by falling object

EE was bolting in the #4 left cross cut when a rock fell from the top striking him in the right shoulder and causing him to hit his arm on the drill pot also.

August 24, 2010 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

Walking up the hill in mine trying to step over shuttle car cable, fell after feet came out from under him falling on right side twisting right knee.