Mining Incidents

MINE NO. 32: 1,106 MSHA citations Coal

LO DOWN ENERGY, INC. · Underground
Controlled by Philip T Lambert
Caretta, Mcdowell County, WV  ·  Active
MSHA Mine ID: 4608659

MINE NO. 32 has $504K in proposed MSHA penalties and $87K outstanding across 22 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
16
Years on record
2000–2026
Latest incident
Jun 2026
Compliance record
MSHA citations since 2000
1,106
citations
203
significant & substantial
$503,878
proposed penalties
$313,258
paid to date
62% of proposed penalties paid to date, a $190,620 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
221
inspections on record
10,249
inspection hours
10.8
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.
1,106 citations across 10,249 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.
2
Section 107(a) orders
Most recent order: 2011-12-30.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

MINE NO. 32 has $504K in proposed MSHA penalties and $87K outstanding across 22 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.
$504K
proposed penalties
$400K
current assessed
$313K
paid to date
$87K
outstanding
1,051 assessments are final orders; 22 contested dockets.
Of $261K in penalties contested before the Commission, $117K was upheld in final decisions.
As of the most recent assessment on 2026-05-20.
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.
18.8%
significant & substantial
2.9%
high negligence or reckless
19.6%
reasonably likely or greater
27.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.3% none, 44.5% low, 52.4% moderate, 2.9% 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.
115 citations taken to the federal commission · 10% of citations on record
  • Settled 109 · 95%
  • Stood as issued 3 · 3%
  • Vacated or withdrawn 1 · 1%
  • Still open 2 · 2%
70%
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 53 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$262K proposed, $117K 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 2026-04-19.
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 2012-956 Settlement Simonton 2013 $106K → $50K
WEVA 2020-0545 Settlement Bulluck 2022 $74K → $18K
WEVA 2021-0183 Settlement Bulluck 2022 $16K → $8K
WEVA 2021-0182 Settlement Moran 2022 $7K → $4K
WEVA 2009-298 Settlement Barbour 2011 $7K → $5K
WEVA 2014-8 Settlement Rae 2014 $6K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at MINE NO. 32 shows 98% of 1,244 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: 2026-07-28
98%
within 1.5 mg/m3
1,244
samples
3.85
dust max (mg/m3)
0
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.
527 samples taken by MSHA inspectors, 717 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR602
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)113
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)99

Silica (quartz)

Last sampled: 2026-07-24
4.4
silica avg (%)
119
samples
18.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR56
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)29
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)26

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: 2026-02-19
6%
over PEL
104
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)25
  • CONTINUOUS MINER OPERATOR14
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)12
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
2026 100% 53
2025 100% 32
2024 100% 37
2023 100% 40
2022 100% 52
2021 100% 104
2020 100% 80
2019 99% 113
2018 100% 71
2014 93% 28
2013 96% 53
2012 93% 45
2011 91% 32
2008 93% 58
2007 98% 51
2006 100% 49
2005 100% 55
2004 98% 51
2003 98% 52
2002 100% 55
2001 97% 61
2000 97% 72
Silica (quartz) by year
Year silica avg (%) samples
2026 4.8 10
2025 3.8 14
2024 5.0 10
2023 4.1 12
2022 7.0 16
2021 5.7 9
2020 4.7 5
2019 4.8 9
2018 4.6 3
2014 3.1 2
2013 3.4 3
2012 3.1 4
2011 2.9 2
2008 1.1 2
2007 0.9 1
2006 0.7 1
2005 3.2 3
2004 1.9 2
2003 4.1 2
2002 3.1 3
2001 1.1 4
2000 2.4 2
Noise by year
Year over PEL samples
2026 0% 6
2025 0% 10
2024 0% 6
2022 0% 5
2021 0% 12
2020 0% 7
2019 0% 5
2018 0% 12
2013 0% 7
2011 0% 5
2008 0% 8
2005 20% 5
2004 40% 5
2003 33% 6
2000 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

MINE NO. 32 recorded 4.45 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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.
4.45
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 4.45 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 5.12 0.00 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 3.29 3.29 0.000
2008 * 2.32 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. Red Hawk Mining Inc 1997 to 1998
  2. Island Fork Construction Ltd 1998 to 2002
  3. XMV, Inc. 2002 to 2017
  4. Glow Worm Coal Company 2010 to 2015
  5. Caretta Minerals, LLC 2017 to 2018
  6. Lo Down Energy, Inc. 2018 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 35 13,298
2025 31 64,838
2024 30 45,769
2023 25 91,661
2022 25 75,627
2021 23 93,377
2020 21 67,327
2019 42 156,983
2018 21 47,832
2017 1
2016 2 19,559
2010 5
2009 4
2008 36 166,593
2007 38 167,664
2006 36 216,994
2005 35 218,419
2004 19 88,200
2003 19 114,175
2002 19 134,247
2001 20 177,470
2000 15 117,216
Source: MSHA quarterly employment and production, updated weekly.

MINE NO. 32 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 Q1 13,431 26 7 1935.8
2025 Q4 10,711 16 2 1493.8
2025 Q3 9,938 34 4 3421.2
2025 Q2 13,894 15 0 1079.6
2025 Q1 10,443 16 0 1532.1
2024 Q4 10,653 1 1 93.9
2024 Q3 9,230 25 3 2708.6
2024 Q2 14,738 5 0 339.3
Show 74 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 9,334 21 3 2249.8
2023 Q4 10,303 10 3 970.6
2023 Q3 9,314 4 0 429.5
2023 Q2 10,752 13 0 1209.1
2023 Q1 8,667 5 0 576.9
2022 Q4 10,053 17 2 1691.0
2022 Q3 8,892 11 0 1237.1
2022 Q2 9,621 18 3 1870.9
2022 Q1 9,460 0 0 0.0
2021 Q4 13,620 27 3 1982.4
2021 Q3 13,969 13 1 930.6
2021 Q2 10,760 18 1 1672.9
2021 Q1 9,423 25 1 2653.1
2020 Q4 10,153 48 6 4727.7
2020 Q3 6,899 35 8 5073.2
2020 Q2 11,573 35 6 3024.3
2020 Q1 14,222 12 4 843.8
2019 Q4 15,964 31 5 1941.9
2019 Q3 21,252 34 1 1599.8
2019 Q2 3,121 55 11 17622.6
2019 Q1 20,516 31 9 1511.0
2018 Q4 13,665 22 7 1610.0
2018 Q3 10,886 25 7 2296.5
2018 Q2 4,882 6 2 1229.0
2017 Q4 0 0 0
2017 Q3 100 0 0 0.0
2017 Q2 100 0 0 0.0
2017 Q1 100 0 0 0.0
2016 Q4 300 0 0 0.0
2016 Q3 450 0 0 0.0
2016 Q2 784 0 0 0.0
2016 Q1 855 0 0 0.0
2010 Q2 3,177 0 0 0.0
2010 Q1 2,121 3 0 1414.4
2009 Q4 2,079 0 0 0.0
2009 Q3 1,997 2 1 1001.5
2009 Q2 2,217 6 0 2706.4
2009 Q1 1,549 0 0 0.0
2008 Q4 19,709 9 3 456.6
2008 Q3 23,875 19 6 795.8
2008 Q2 23,131 10 2 432.3
2008 Q1 19,559 3 0 153.4
2007 Q4 24,402 5 3 204.9
2007 Q3 17,823 2 1 112.2
2007 Q2 19,456 2 1 102.8
2007 Q1 17,017 3 0 176.3
2006 Q4 20,734 0 0 0.0
2006 Q3 15,929 4 1 251.1
2006 Q2 22,342 3 0 134.3
2006 Q1 19,159 11 3 574.1
2005 Q4 22,025 5 1 227.0
2005 Q3 16,753 2 0 119.4
2005 Q2 23,337 0 0 0.0
2005 Q1 18,752 5 2 266.6
2004 Q4 13,155 2 2 152.0
2004 Q3 11,662 6 1 514.5
2004 Q2 11,240 1 0 89.0
2004 Q1 11,257 0 0 0.0
2003 Q4 12,589 2 0 158.9
2003 Q3 10,860 5 1 460.4
2003 Q2 12,922 3 2 232.2
2003 Q1 10,482 5 4 477.0
2002 Q4 8,810 1 0 113.5
2002 Q3 9,856 1 0 101.5
2002 Q2 11,491 2 0 174.0
2002 Q1 12,900 1 0 77.5
2001 Q4 14,073 3 1 213.2
2001 Q3 12,819 6 2 468.1
2001 Q2 12,836 8 3 623.2
2001 Q1 13,241 8 1 604.2
2000 Q4 10,636 1 0 94.0
2000 Q3 10,732 2 1 186.4
2000 Q2 9,233 5 1 541.5
2000 Q1 5,319 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

16 on file

2026 · 1 incident

June 23, 2026 WV · Coal utility man, errand boy, service truck operator FALL OF ROOF OR BACK
Lo Down Energy, Inc. · Struck by falling object

EE was in process of installing supplement roof support (cable bolts). When walking beside bolter, a piece of draw rock (2 'x 2'x 7" thick) fell out striking EE in left leg. EE was transported to hospital where EE was checked and released to go home @ 8:45 am.

2025 · 1 incident

2024 · 1 incident

July 29, 2024 WV · Coal FALL OF ROOF OR BACK
Lo Down Energy, Inc. · Accident type, without injuries

Sandstone dipped down to the coal thinning the slate which weakened it. The are that fell 16' W x 15' L x 5' H had previously been dangered off with physical barriers in place.

2023 · 1 incident

October 16, 2023 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Lo Down Energy, Inc. · Caught in, under or between a moving and a stationary object

Miner put hand on end of feeder as it raised up, it caught the tip of their pinky between the top.

2019 · 1 incident

March 14, 2019 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Lo Down Energy, Inc. · Over-exertion in lifting objects

Boss was helping miner operator to hang cable. The injured person said their back started hurting.

2018 · 1 incident

August 7, 2018 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Lo Down Energy, Inc. · Over-exertion (Not Elsewhere Classified)

EE was crawling across a cat walk, EE's foot slipped between the steps and EE's whole body weight went forward and hyper extended EE's knee.

2013 · 1 incident

March 11, 2013 WV · Coal FALL OF ROOF OR BACK
Glow Worm Coal Company · Accident type, without injuries

Rock fall was discovered on fire boss run by mine foreman. The fall was in #4 face extending across the face through intersection to halfway between 5 + 6 headings.

2008 · 1 incident

March 4, 2008 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
XMV, Inc. · Struck by falling object

Employee was getting off mantrip when a rock fell from the rib striking the employee's foot.

2007 · 2 incidents

August 20, 2007 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A roof fall measuring 50'x20'x9' occurred on the 14 right panel, 2 x-cuts outby the face neal spad 1816.

March 12, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
XMV, Inc. · Struck by... (Not Elsewhere Classified)

Employee was using a hand held electric metal cutting saw to cut a piece of metal. The saw kicked back and struck employee on the upper leg.

2006 · 1 incident

March 20, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
XMV, Inc. · Over-exertion (Not Elsewhere Classified)

Employee was replacing a "cat drive" on the Long Airdox mobile bridge unit when he felt a pain in his back.

2003 · 2 incidents

September 13, 2003 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A ROOF FALL MEASURING 45' BY 18' BY 7' OCCURRED ON THE 7 RT SECTION NEAR SPAD NO. 102, NO 2 ENTRY TO FACE. FALL WILL NOT BE CLEANED UP.

April 1, 2003 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A ROOF FALL MEASURING 6' BY 20' BY 50' OCCURRED ON THE MAINS SECTION NO. 1 OUT BY SPAD 895. THIS FALL IS NOT TO BE CLEANED UP.

2001 · 1 incident

April 9, 2001 WV · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Island Fork Construction Ltd · Caught in, under or between (Not Elsewhere Classified)

EE WAS OPERATING SCOOP AND WHILE TURNING SCOOP HE GOT HIS HAND CAUGHT BETWEEN FRONT - REAR SECTION OF SCOOP "BUMPER BLOCK".

2000 · 2 incidents

August 26, 2000 WV · Coal FALL OF ROOF OR BACK
Island Fork Construction Ltd · Accident type, without injuries

ROOF FALL IN BETWEEN THE BLOCKS IN RIGHT RETURN 45 FT UN BY SPAD NO. 126, NO. 8 HEADING, LAMINATED SAND STONE AREA ABOVE ANCHORS POINT OF SUPPORT.