Mining Incidents

Mine No 3: 403 MSHA citations Coal

Controlled by David Cline
Ikes Fork, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4608646

Mine No 3 has $145K in proposed MSHA penalties and $66 outstanding across 17 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Mine No 3.

Fatalities
0
Total incidents
20
Years on record
1998–2013
Latest incident
Oct 2013
Compliance record
MSHA citations since 2000
403
citations
83
significant & substantial
$145,375
proposed penalties
$121,010
paid to date
83% of proposed penalties paid to date, a $24,365 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
121
inspections on record
4,857
inspection hours
8.3
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.
403 citations across 4,857 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 3 has $145K in proposed MSHA penalties and $66 outstanding across 17 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.
$145K
proposed penalties
$121K
current assessed
$121K
paid to date
$66
outstanding
395 assessments are final orders; 17 contested dockets.
Of $85K in penalties contested before the Commission, $59K was upheld in final decisions.
As of the most recent assessment on 2014-07-10.
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.
21.0%
significant & substantial
5.1%
high negligence or reckless
21.3%
reasonably likely or greater
14.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 29.9% low, 64.3% moderate, 5.1% 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.
123 citations taken to the federal commission · 31% of citations on record
  • Settled 121 · 98%
  • Vacated or withdrawn 2 · 2%
80%
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 30 decided S&S contests · industry: 79%
30%
Penalty reduction in decided contests
$85K proposed, $59K 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 2013-12-20.
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 2011-1710 Settlement Steele 2012 $19K → $14K
WEVA 2011-862 Settlement McCarthy 2012 $14K → $4K
WEVA 2011-1418 Prevail Bulluck 2013 $14K → $15K
WEVA 2014-338 Settlement Simonton 2014 $11K → $9K
WEVA 2009-754 Settlement Bulluck 2012 $7K → $2K
WEVA 2009-558 Settlement Bulluck 2012 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 3 shows 94% of 525 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: 2013-10-31, 12 years ago
94%
within 1.5 mg/m3
525
samples
8.26
dust max (mg/m3)
292 samples taken by MSHA inspectors, 233 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR255
  • SCOOP CAR OPERATOR142
  • ROOF BOLTER (SINGLE HEAD)36

Silica (quartz)

Last sampled: 2012-09-04, 13 years ago
5.1
silica avg (%)
27
samples
22.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17

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: 2013-09-10, 12 years ago
2%
over PEL
45
samples
Most-sampled occupations
  • SCOOP CAR OPERATOR21
  • CONTINUOUS MINER OPERATOR10
  • ROOF BOLTER (SINGLE HEAD)7
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% 20
2012 100% 28
2011 82% 51
2010 98% 43
2009 100% 34
2008 100% 28
2007 100% 17
2006 90% 21
2005 98% 47
2004 91% 56
2003 91% 53
2002 100% 25
2001 85% 60
2000 98% 42
Silica (quartz) by year
Year silica avg (%) samples
2012 2.6 1
2011 7.8 4
2010 3.6 7
2009 3.4 4
2008 2.9 3
2007 11.6 2
2006 5.8 2
2005 4.5 1
2001 5.7 3
Noise by year
Year over PEL samples
2013 0% 7
2010 0% 5
2008 0% 8
2006 0% 5
2005 0% 5
2004 20% 5
2003 0% 5
2000 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 3 recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In West Virginia, coal mining averaged 4.56 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
2013 * 0.00 0.00 0.000
2012 * 18.89 18.89 0.000
2011 * 4.52 0.00 0.000
2010 * 13.50 13.50 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 5.02 5.02 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. Tear Drop Mining Inc 1997 to 1997
  2. Rock N Roll Coal Company Inc 1997 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)
2017 0
2016 0
2015 2 1,052
2014 9 12,978
2013 17 53,712
2012 21 79,955
2011 20 98,412
2010 21 124,061
2009 21 119,823
2008 20 137,449
2007 19 136,804
2006 18 106,877
2005 17 114,843
2004 13 90,360
2003 10 89,486
2002 14 57,711
2001 15 128,776
2000 13 89,283
Source: MSHA quarterly employment and production, updated weekly.

Mine No 3 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
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
Show 63 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q3 0 0 0
2015 Q2 2,121 0 0 0.0
2015 Q1 2,223 0 0 0.0
2014 Q4 3,040 0 0 0.0
2014 Q3 2,784 1 0 359.2
2014 Q2 2,944 0 0 0.0
2014 Q1 6,151 0 0 0.0
2013 Q4 8,545 4 1 468.1
2013 Q3 10,938 12 1 1097.1
2013 Q2 1,717 2 0 1164.8
2013 Q1 0 0 0
2012 Q4 8,385 2 0 238.5
2012 Q3 11,156 12 2 1075.7
2012 Q2 11,692 8 2 684.2
2012 Q1 11,126 14 4 1258.3
2011 Q4 11,606 10 2 861.6
2011 Q3 9,023 0 0 0.0
2011 Q2 12,394 21 4 1694.4
2011 Q1 11,218 20 2 1782.8
2010 Q4 11,518 9 2 781.4
2010 Q3 10,378 13 4 1252.6
2010 Q2 11,369 13 0 1143.5
2010 Q1 11,169 16 2 1432.5
2009 Q4 10,806 18 2 1665.7
2009 Q3 10,051 6 0 597.0
2009 Q2 10,594 17 5 1604.7
2009 Q1 12,313 14 2 1137.0
2008 Q4 10,545 24 3 2276.0
2008 Q3 8,979 14 5 1559.2
2008 Q2 11,098 11 0 991.2
2008 Q1 10,916 11 0 1007.7
2007 Q4 10,921 10 1 915.7
2007 Q3 5,546 3 1 540.9
2007 Q2 10,958 4 2 365.0
2007 Q1 9,661 8 3 828.1
2006 Q4 11,306 1 0 88.4
2006 Q3 8,867 4 1 451.1
2006 Q2 10,355 3 1 289.7
2006 Q1 9,313 1 0 107.4
2005 Q4 9,435 0 0 0.0
2005 Q3 7,534 6 2 796.4
2005 Q2 10,843 7 2 645.6
2005 Q1 7,674 13 2 1694.0
2004 Q4 9,236 3 2 324.8
2004 Q3 7,243 0 0 0.0
2004 Q2 8,186 5 3 610.8
2004 Q1 6,898 3 0 434.9
2003 Q4 5,397 3 1 555.9
2003 Q3 7,521 4 2 531.8
2003 Q2 6,216 3 2 482.6
2003 Q1 4,385 5 4 1140.3
2002 Q4 4,162 1 0 240.3
2002 Q3 680 0 0 0.0
2002 Q2 8,300 2 0 241.0
2002 Q1 8,935 2 0 223.8
2001 Q4 8,769 1 1 114.0
2001 Q3 8,527 2 0 234.5
2001 Q2 8,506 1 0 117.6
2001 Q1 7,576 2 0 264.0
2000 Q4 5,913 3 0 507.4
2000 Q3 9,700 6 1 618.6
2000 Q2 5,926 14 5 2362.5
2000 Q1 5,331 9 3 1688.2
No fatalities recorded at this mine.

Reportable incidents

20 on file

2013 · 1 incident

October 3, 2013 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

A roof fall was discovered in the right return a spad 1277. The fall was discovered on above date and approx time. The fall was found during the pre shift examination when low air velocity was found on the right side. Upon investigating the cause of the low air the fall was found by employee.

2012 · 5 incidents

October 2, 2012 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

A roof fall was discovered on the above date and time. It was located in the #6 entry at survey station #2475 which is in the intake air course. The fall was 35 feet in length 20 feet wide and 42 inches in thickness. The time and date the fall happened is unknown.

September 14, 2012 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rock N Roll Coal Company Inc · Caught in, under or between a moving and a stationary object

While trying to remove a rock from beneath the drill pot on the #2 roof bolter. It was accidentally lowered onto his hand instead of raising the pot to remove the rock. Causing a laceration to his left hand.

August 30, 2012 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Struck by... (Not Elsewhere Classified)

Replacing a hydraulic hose on the #2 continuous miner employee was pulling on the hose to get it in the correct location. At that time his hand slipped while pulling the hose and struck himself in the right rib.

August 17, 2012 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Rock N Roll Coal Company Inc · Struck by... (Not Elsewhere Classified)

EE was traveling down the #2 entry on a battery powered scoop on his way to the charging station. As he crossed under some cable guard that was supported by tie wire. The tie wire hanging down entered his RT eye causing an abrasion.

January 26, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Over-exertion in lifting objects

While cleaning the #5 belt drive located in entry #6 employee sustained an injury to his right knee. He stated the injury may have been caused by shoveling the drive or crawling around it.

2011 · 3 incidents

October 5, 2011 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

On above date & time while performing the weekly exam for the return air course a roof fall was discovered. The fall was approx. 10'-15'feet inby spad 1253. The fall broke approx 4 bolts off while pulling 2 out the fall was 16 feet in width and 8-14 feet in length.

July 25, 2011 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Rock N Roll Coal Company Inc · Struck against a moving object

On above date and approx. time EE was operating a Fairchild Scoop. While approaching the section dumping point. At this time EE hit an uneven place on the mine floor causing injury to his rib. This incident occurred in Entry #7.

June 4, 2011 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

A roof fall was discovered in the primary escape way 3 crosscuts inby #2 belt drive at spad #1203. The fall was approx. 30' L. X 19' W.and had fallen above permanent roof support. The fall was discovered and reported to MSHA.

2010 · 3 incidents

July 14, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Over-exertion in lifting objects

On the above date and approx time, employee was shoveling loose coal under bottom rollers which was located on #5 conveyor belt line when he strained his right shoulder.

July 12, 2010 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Over-exertion in pulling or pushing objects

On above date and approx. time employee was pulling the continuous miner cable away from the machine. At which time he suffered an injury to his lower back. The machine was located in #9 entry on panel 2 Rt off 4 Lt. Roof bolter operator responded to his location after the accident.

February 6, 2010 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Struck by flying object

At approx 1:30 PM on 2/6/10 while preparing a belt splice on #5 belt, EE was struck on the right side of his head and face. The steel cable being used to pull the conveyor belt slipped, striking EE.

2006 · 1 incident

September 8, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

Ee was loading ridge rails in supply car when his left side ring finger was caught between 2 pieces of fridge rail causing accident.

2002 · 2 incidents

April 16, 2002 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rock N Roll Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

ROOF BOLTER OPERATOR WAS TRAMMING BOLTER. OPERATOR CAUGHT BACK OF COVERALLS ON ROOF BOLT IN A LOW SPOT IN THE AREA. SPRAINED BACK MUSCLES. TOOK TWO DAYS OFF. HE WORKED TILL QUIT TIME.

2001 · 2 incidents

August 27, 2001 WV · Coal electrician, lineman HANDLING OF MATERIALS
Rock N Roll Coal Company Inc · Struck by... (Not Elsewhere Classified)

EE WAS TAKING MINER BITS OUT OF MINER. HE WAS POUNDING BITS OUT WITH ANOTHER PIECE OF METAL. APIECE OF METAL BROKE OFF & CUT HIS LEG. THE CUT WAS ABOUT 1/4"WIDE BY 1/8LONG. HE WENT TO DR & DR TOLD HIMHE COULD LEAVE SMALL PIEC OF METALTHERE BUT IT WAS HIS DECISION HE SEE THE DR MONDAY EVE & WAS TOLD TO COME BACK FOLLOWING FRIDAY

March 1, 2001 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

ROOF FALL OCCURRED IN BLEEDER LINE, ROCK MIXED WITH SANDSTONE AND SHALE LAMINATED IT WAS A LOW COVER PLACE AND HOLLOW, LOOKED LIKE A LINEAR FORMATION.

2000 · 1 incident

1999 · 1 incident

April 12, 1999 WV · Coal FALL OF ROOF OR BACK
Rock N Roll Coal Company Inc · Accident type, without injuries

ROCK FALL WAS LOCATED IN BETWEEN TWO HOLLOWS, APPROX 300' APART. WHEN FALL WAS FOUND AT 5:50 AM AT 4/12/99 IT HAD WATER RUNNING OUT ABOVE FALL.

1998 · 1 incident