Mining Incidents

Mine No 3: 595 MSHA citations Coal

Ambush Mining Inc · Underground
Caretta, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609271

Mine No 3 has $193K in proposed MSHA penalties and $5K outstanding across 25 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2012–2022
Latest incident
Jun 2022
Compliance record
MSHA citations since 2009
595
citations
101
significant & substantial
$192,882
proposed penalties
$139,154
paid to date
72% of proposed penalties paid to date, a $53,729 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
104
inspections on record
4,444
inspection hours
13.4
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.
595 citations across 4,444 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 3 has $193K in proposed MSHA penalties and $5K outstanding across 25 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.
$193K
proposed penalties
$144K
current assessed
$139K
paid to date
$5K
outstanding
582 assessments are final orders; 25 contested dockets.
Of $117K in penalties contested before the Commission, $67K was upheld in final decisions.
As of the most recent assessment on 2023-12-05.
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.
17.1%
significant & substantial
3.7%
high negligence or reckless
17.1%
reasonably likely or greater
28.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 38.7% low, 57.0% moderate, 3.7% 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.
178 citations taken to the federal commission · 30% of citations on record
  • Settled 175 · 98%
  • Stood as issued 3 · 2%
74%
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 34 decided S&S contests · industry: 79%
46%
Penalty reduction in decided contests
$125K proposed, $67K 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 2024-02-27.
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 2013-742 Settlement Simonton 2013 $12K → $4K
WEVA 2021-0523 Settlement Bulluck 2021 $10K → $620
WEVA 2021-0274 Settlement Lewis 2021 $10K → $6K
WEVA 2022-0089 Settlement Bulluck 2023 $9K → $6K
WEVA 2024-0038 Settlement 2024 $9K → $6K
WEVA 2021-0273 Settlement Lewis 2021 $9K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 3 shows 97% of 792 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: 2023-09-15
97%
within 1.5 mg/m3
792
samples
5.00
dust max (mg/m3)
2
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
315 samples taken by MSHA inspectors, 477 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR371
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)114
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)55

Silica (quartz)

Last sampled: 2023-09-18
4.5
silica avg (%)
47
samples
16.4
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR29
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)18

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: 2023-09-15
3%
over PEL
87
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)17
  • CONTINUOUS MINER OPERATOR14
  • SHUTTLE CAR OPERATOR (OFF STANDARD)9
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
2023 100% 18
2022 100% 18
2021 99% 86
2020 100% 76
2019 98% 94
2018 95% 103
2017 100% 46
2014 97% 62
2013 89% 74
2012 100% 66
2011 96% 68
2010 96% 67
2009 100% 7
2008 100% 7
Silica (quartz) by year
Year silica avg (%) samples
2023 3.0 2
2022 9.1 2
2021 4.4 7
2020 5.4 7
2019 3.7 7
2018 3.6 5
2017 4.2 5
2014 5.0 6
2011 4.2 2
2010 4.3 4
Noise by year
Year over PEL samples
2023 0% 9
2022 75% 4
2021 0% 5
2020 0% 10
2019 0% 5
2018 0% 10
2017 0% 10
2014 0% 7
2012 0% 10
2011 0% 7
2010 0% 6
2008 0% 4
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 2021.

Injury rate, 2021
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 3.35 and the all-US-mining average was 2.19 cases per 100 workers.
In West Virginia, coal mining averaged 3.83 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
2021 * 0.00 0.00 0.000
2020 * 9.22 9.22 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2014 * 9.79 9.79 0.000
2013 * 0.00 0.00 0.000
2012 * 6.55 6.55 0.000
2011 * 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. Ambush Mining Inc 2008 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 8 29,180
2022 10 28,097
2021 12 46,400
2020 12 48,627
2019 12 43,361
2018 13 42,331
2017 14 19,642
2016 1
2015 2
2014 16 35,819
2013 16 56,048
2012 16 62,549
2011 15 65,079
2010 13 62,622
2009 3 10,032
2008 5 8,846
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
2026 Q2 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
Show 64 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 3,227 4 0 1239.5
2023 Q3 3,867 17 3 4396.2
2023 Q2 4,706 16 1 3399.9
2023 Q1 2,668 0 0 0.0
2022 Q4 3,128 5 1 1598.5
2022 Q3 3,212 1 0 311.3
2022 Q2 4,230 12 1 2836.9
2022 Q1 4,518 23 3 5090.7
2021 Q4 5,977 21 3 3513.5
2021 Q3 6,127 23 2 3753.9
2021 Q2 5,959 26 1 4363.1
2021 Q1 4,803 46 11 9577.3
2020 Q4 5,246 34 4 6481.1
2020 Q3 4,576 23 1 5026.2
2020 Q2 6,168 13 3 2107.7
2020 Q1 5,695 5 1 878.0
2019 Q4 5,458 4 0 732.9
2019 Q3 5,276 16 5 3032.6
2019 Q2 6,126 7 2 1142.7
2019 Q1 6,464 10 2 1547.0
2018 Q4 7,185 18 4 2505.2
2018 Q3 7,264 6 0 826.0
2018 Q2 6,249 7 0 1120.2
2018 Q1 5,603 8 0 1427.8
2017 Q4 2,370 9 0 3797.5
2017 Q3 3,473 11 3 3167.3
2017 Q2 6,649 32 8 4812.8
2017 Q1 1,400 7 0 5000.0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 480 0 0 0.0
2016 Q1 800 0 0 0.0
2015 Q4 960 0 0 0.0
2015 Q3 1,120 0 0 0.0
2015 Q2 960 0 0 0.0
2015 Q1 720 0 0 0.0
2014 Q4 5,442 10 0 1837.6
2014 Q3 5,461 18 8 3296.1
2014 Q2 7,747 18 4 2323.5
2014 Q1 1,784 14 2 7847.5
2013 Q4 9,288 6 0 646.0
2013 Q3 7,193 7 3 973.2
2013 Q2 8,607 15 1 1742.8
2013 Q1 7,581 5 0 659.5
2012 Q4 7,991 18 4 2252.5
2012 Q3 7,123 9 0 1263.5
2012 Q2 7,672 3 0 391.0
2012 Q1 7,757 9 1 1160.2
2011 Q4 7,760 8 1 1030.9
2011 Q3 7,739 6 1 775.3
2011 Q2 7,638 6 1 785.5
2011 Q1 6,845 5 1 730.5
2010 Q4 6,922 4 4 577.9
2010 Q3 5,846 4 1 684.2
2010 Q2 6,583 8 3 1215.3
2010 Q1 5,948 2 0 336.2
2009 Q4 3,328 11 4 3305.3
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 4,078 0 0 0.0
2008 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2022 · 1 incident

June 1, 2022 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

While mining coal in the 4th lift of pillar mining in the #3 entry, an unexpected roof fall occurred pinning the continuous miner. Miner operator was using remote control to mine while being observed by a federal inspector. At the time of the fall, no visible cracks or separations had been found by the foreman or inspector prior to mining. No injuries.

2021 · 1 incident

February 3, 2021 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

Pre shift examiner made pre shift exam & returned outside without seeing any falls. Workers went to section to run coal with federal dust pumps. Fall was found when arrived on section to do safety run. Mining (pillars) in #3 entry. Fall was one crosscut outby spad 653 in pillar line between 4&5 entry. Advised by federal to call occurrence in as reportable.

2020 · 1 incident

September 1, 2020 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Ambush Mining Inc · Caught in, under or between a moving and a stationary object

While bolting inside bolt, employee rested EE's hand on drill arm. Employee intended to lower drill head and unintentionally raised drill head causing EE's right index finger to be pinched by drill arms against drill bump stop.

2018 · 1 incident

August 31, 2018 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

While making weekly airway exam a roof fall in the cross cut between #6 entry & #7 entry one break outby spad 510 was found to have fallen. Fall was reported as being from the right corner of the #6 entry through the intersection of the #7 entry approximately 6 ft from the coal rib and approximately 6-8 ft high.

2014 · 2 incidents

August 29, 2014 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Ambush Mining Inc · Struck by rolling or sliding object

EE knelt against rib in the #3 entry watching the continuous miner cable when a section of rib estimated 3' long, 1' high and 8" thick pushed against his back. Witness came & pushed the rock off his back. Foreman was notified & victim was offered to be taken out of the mine for medical evaluation. He denied medical attention & continued to work rest of shift.

April 2, 2014 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

While making the weekly airway examinations with federal mine inspector, we found a rock one break inby spad #47 in the primary escapeway from breaks 16-17. All men were pulled from the mines and the fall was reported. Area has since been cribbed, dangered, and Heinzmann Jacked from breaks 15-18 in the #7 intake entry & the primary escapeway has been re-routed.

2013 · 1 incident

July 12, 2013 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

Abandoned workings stopped due to bad roof conditions. Area was long-bolted & cribbed when mined.

2012 · 3 incidents

October 24, 2012 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

Stress Zone and poor roof conditions. Roof fall found by MSHA Inspector and Section Foreman.

August 10, 2012 WV · Coal FALL OF ROOF OR BACK
Ambush Mining Inc · Accident type, without injuries

Surface crack fall is located 20 feet inby 16 Bk to 5 feet from inby corner of 17 Bk (Spad 55) on mains. Fall was approx 70 feet long 6 feet thick on outby end, 5 feet thick on inby end, fall was a s wide as entry on bottom and 10 feet wide on top.