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Mine No. 35: 685 MSHA citations Coal

Twin State Mining, Inc. · Underground
Controlled by Cleveland-Cliffs Inc
Elbert, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4608131

Mine No. 35 has $432K in proposed MSHA penalties and $0 outstanding across 34 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
40
Years on record
1996–2012
Latest incident
Sep 2012
Compliance record
MSHA citations since 2000
685
citations
190
significant & substantial
$431,525
proposed penalties
$313,090
paid to date
73% of proposed penalties paid to date, a $118,435 gap.
Source: MSHA violations data, updated weekly.
See Twin State Mining, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
194
inspections on record
7,787
inspection hours
8.8
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.
685 citations across 7,787 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 35 has $432K in proposed MSHA penalties and $0 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.
$432K
proposed penalties
$313K
current assessed
$313K
paid to date
$0
outstanding
676 assessments are final orders; 34 contested dockets.
Of $364K in penalties contested before the Commission, $219K was upheld in final decisions.
As of the most recent assessment on 2017-07-07.
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.
28.1%
significant & substantial
6.7%
high negligence or reckless
31.2%
reasonably likely or greater
31.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 23.1% low, 70.3% moderate, 6.7% 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.
199 citations taken to the federal commission · 29% of citations on record
  • Settled 185 · 93%
  • Vacated or withdrawn 14 · 7%
48%
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 120 decided S&S contests · industry: 79%
40%
Penalty reduction in decided contests
$364K proposed, $219K 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 2014-08-12.
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 2009-1956 Settlement Rae 2011 $42K → $26K
WEVA 2012-314 Settlement Lewis 2012 $40K → $32K
WEVA 2012-1639 Settlement Lewis 2013 $40K → $25K
WEVA 2010-93 Settlement Harner 2011 $40K → $26K
WEVA 2008-1217 Settlement Bulluck 2011 $30K → $9K
WEVA 2009-1404 Settlement Paez 2011 $24K → $15K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 35 shows 87% of 965 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: 2015-11-12, 10 years ago
87%
within 1.5 mg/m3
965
samples
9.26
dust max (mg/m3)
5
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.
453 samples taken by MSHA inspectors, 512 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR536
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)111
  • ROOF BOLTER (SINGLE HEAD)41

Silica (quartz)

Last sampled: 2015-11-03, 10 years ago
2.5
silica avg (%)
78
samples
7.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR61
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: 2015-10-27, 10 years ago
7%
over PEL
98
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)26
  • CONTINUOUS MINER OPERATOR20
  • ROOF BOLTER (SINGLE HEAD)12
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
2015 89% 70
2014 95% 63
2013 91% 65
2012 69% 52
2011 87% 60
2010 92% 61
2009 95% 61
2008 79% 61
2007 85% 48
2006 85% 53
2005 79% 52
2004 93% 57
2003 96% 73
2002 86% 65
2001 79% 70
2000 81% 54
Silica (quartz) by year
Year silica avg (%) samples
2015 2.8 8
2014 4.7 4
2013 4.0 5
2012 2.0 5
2011 1.6 3
2010 2.9 4
2009 2.5 4
2008 3.3 6
2007 3.0 3
2006 1.4 4
2005 2.0 5
2004 1.3 5
2003 2.6 6
2002 1.9 6
2001 1.8 6
2000 1.2 4
Noise by year
Year over PEL samples
2015 15% 13
2014 0% 9
2013 0% 8
2011 8% 12
2010 0% 5
2009 0% 8
2008 0% 7
2007 20% 5
2006 25% 4
2005 0% 5
2004 0% 9
2003 0% 5
2001 25% 4
2000 25% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 35 recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
ⓘ 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 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In West Virginia, coal mining averaged 5.22 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
2015 * 0.00 0.00 0.000
2014 0.00 0.00 0.000
2013 0.00 0.00 0.000
2012 5.51 0.00 0.000
2011 1.80 0.00 0.000
2010 1.88 1.88 0.000
2009 * 0.00 0.00 0.000
2008 * 3.13 3.13 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. Long Branch Mining Inc 1991 to 2000
  2. Island Fork Construction Ltd 2000 to 2002
  3. XMV, Inc. 2002 to 2021
  4. Twin State Mining, Inc. 2021 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)
2024 0
2023 0
2022 0
2021 0
2020 2
2019 2
2018 0
2017 0
2016 1 847
2015 27 106,884
2014 49 121,804
2013 46 112,784
2012 43 154,943
2011 43 180,275
2010 43 184,701
2009 30 195,788
2008 29 159,406
2007 31 164,679
2006 33 198,808
2005 34 127,887
2004 31 228,145
2003 27 161,261
2002 15 110,727
2001 15 119,798
2000 15 79,706
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 35 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
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
Show 87 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
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 2,048 0 0 0.0
2020 Q1 2,048 0 0 0.0
2019 Q4 2,160 0 0 0.0
2019 Q3 0 0 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 1 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 200 3 1 15000.0
2016 Q1 332 0 0 0.0
2015 Q4 8,718 13 2 1491.2
2015 Q3 13,065 5 1 382.7
2015 Q2 18,789 9 0 479.0
2015 Q1 21,611 18 3 832.9
2014 Q4 30,753 5 0 162.6
2014 Q3 31,522 4 0 126.9
2014 Q2 29,981 13 2 433.6
2014 Q1 29,658 21 3 708.1
2013 Q4 29,740 1 0 33.6
2013 Q3 28,902 2 1 69.2
2013 Q2 29,140 12 1 411.8
2013 Q1 28,669 6 0 209.3
2012 Q4 28,049 3 0 107.0
2012 Q3 26,914 10 2 371.6
2012 Q2 26,454 12 4 453.6
2012 Q1 27,506 9 2 327.2
2011 Q4 27,913 13 1 465.7
2011 Q3 25,119 11 2 437.9
2011 Q2 28,462 7 0 245.9
2011 Q1 29,553 10 1 338.4
2010 Q4 29,895 0 0 0.0
2010 Q3 25,732 13 1 505.2
2010 Q2 27,060 11 4 406.5
2010 Q1 23,781 14 4 588.7
2009 Q4 21,144 23 3 1087.8
2009 Q3 18,599 22 8 1182.9
2009 Q2 20,300 20 8 985.2
2009 Q1 20,728 31 9 1495.6
2008 Q4 14,117 5 0 354.2
2008 Q3 13,827 22 4 1591.1
2008 Q2 19,326 17 7 879.6
2008 Q1 16,567 8 1 482.9
2007 Q4 18,464 11 4 595.8
2007 Q3 15,831 17 4 1073.8
2007 Q2 17,114 8 3 467.5
2007 Q1 13,487 18 18 1334.6
2006 Q4 18,517 7 4 378.0
2006 Q3 14,532 14 4 963.4
2006 Q2 19,822 9 0 454.0
2006 Q1 19,744 17 10 861.0
2005 Q4 20,651 7 1 339.0
2005 Q3 16,938 4 2 236.2
2005 Q2 20,374 7 2 343.6
2005 Q1 18,190 9 6 494.8
2004 Q4 19,221 8 1 416.2
2004 Q3 14,057 5 2 355.7
2004 Q2 18,354 22 3 1198.6
2004 Q1 17,212 13 5 755.3
2003 Q4 19,056 9 7 472.3
2003 Q3 15,385 8 5 520.0
2003 Q2 16,705 4 0 239.4
2003 Q1 11,857 5 1 421.7
2002 Q4 7,889 2 1 253.5
2002 Q3 6,393 4 3 625.7
2002 Q2 9,081 10 1 1101.2
2002 Q1 10,133 9 6 888.2
2001 Q4 9,757 11 2 1127.4
2001 Q3 9,858 6 0 608.6
2001 Q2 9,587 20 4 2086.2
2001 Q1 8,220 8 4 973.2
2000 Q4 5,032 2 1 397.5
2000 Q3 0 0 0
2000 Q2 6,567 15 3 2284.1
2000 Q1 12,417 6 2 483.2
No fatalities recorded at this mine.

Reportable incidents

40 on file

2012 · 4 incidents

September 28, 2012 WV · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

EE was bolting top and while pushing the bolt up into the hole, a piece of rock measuring approx. 4" x 6" fell and struck the EE on the hand.

September 13, 2012 WV · Coal electrician, lineman FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Employee was operating a continuous miner when a piece of draw rock fell between bolts and struck the employee on the left arm

August 30, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Employee was picking up wedges, when a loose rock fell and hit his left leg

March 9, 2012 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
XMV, Inc. · Struck by... (Not Elsewhere Classified)

EE was pulling a water line with a golf cart, the water line got tangled up with the rope and was jerked across the golf cart striking EE on forehead.

2011 · 1 incident

August 11, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
XMV, Inc. · Caught in, under or between a moving and a stationary object

Employee was bending a 6 foot roof bolt. Bolt bent upwards and caught right ring finger between roof bolt and top.

2010 · 2 incidents

August 16, 2010 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A roof fall measuring approx. 16'X 25'X 4' fell in the #1 return entry near spad #2014, 1000' inby mine portal.

March 13, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
XMV, Inc. · Fall to the walkway or working surface

Employee was hanging miner cable and his knee twisted. He fell and hit his knee on bottom.

2009 · 1 incident

September 29, 2009 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler OTHER
XMV, Inc. · (Not Elsewhere Classified)

EE was cleaning belt on #2 belt line and started complaining of pain in chest (R) side was later transferred to hospital.

2008 · 3 incidents

October 10, 2008 WV · Coal electrician, lineman MACHINERY
XMV, Inc. · Caught in, under or between a moving and a stationary object

The remote control for the continuous miner would not function due to a weak battery. The employee placed the miner in "manual" to move it. When he started to tram the miner, it caught him between the miner and the rib.

June 18, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
XMV, Inc. · Fall to the walkway or working surface

EE was walking through shop, when his knee gave out and he fell on shop floor. EE now states that he tripped and fell on the shop floor.

April 24, 2008 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A roof fall measuring approx 25' X 20' X 9' occurred near spad #2300. The fall will not be cleaned up. No 6 entry.

2007 · 1 incident

August 16, 2007 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
XMV, Inc. · Struck against a moving object

Employee was riding a rubbered tire mantrip and stated that he bumped his elbow against the frame of the mantrip.

2006 · 3 incidents

October 8, 2006 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

Rock fall in #5 entry, last open break on 3rd right. 1 break inby spad # 2684, fall approx 10'h,x 40'l. Fall occurred on the idle shift. No one was present at the time.

July 22, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Employee was setting timbers. Struck by draw rock

July 21, 2006 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

A rock fall measuring 20' X 18' X 6' occurred at spad # 2293 #7 entry approx 3,500' inside.

2005 · 2 incidents

April 17, 2005 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
XMV, Inc. · Caught in, under or between (Not Elsewhere Classified)

SECTION ELECTRICIAN WAS ADJUSTING HEAD ON ROOF BOLTER & BEING HELPED BY CO-WORKER. BOOM WAS RAISED & EE'S FINGERS ON HIS LT. HAND WERE CAUGHT BETWEEN ARM ON BOOM & FRAME OF MACHINE.

January 10, 2005 WV · Coal electrician, lineman POWERED HAULAGE
XMV, Inc. · Caught in, under or between a moving and a stationary object

RUBBER TIRED MANTRIP WAS PARKED ON ENCLINE AND ROLLED APPROX 3 OR 4 FEET AND PINNED EE BETWEEN ANOTHER PIECE OF EQUIPMENT

2004 · 3 incidents

October 8, 2004 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

ROCK FALL 1 BREAK INBY SPAD 2064, INTERSECTION. #8 ENTRY IN RIGHT RETURN.

2003 · 1 incident

2002 · 1 incident

2001 · 3 incidents

September 8, 2001 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Island Fork Construction Ltd · Over-exertion (Not Elsewhere Classified)

EE WAS SHOVELING BELT & STRAINED LOWER BACK.

2000 · 1 incident

1999 · 2 incidents

1998 · 1 incident

1997 · 3 incidents

1996 · 8 incidents

October 23, 1996 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Long Branch Mining Inc · Fall from machine

DRIVER STARTED DOWN HILL IN TO HIGH OF GEAR. TRIED TO CHANGE GEARS ON HILL WITH BRAKES HOT. GOT TRUCK OUT OF GEAR AND COULD NOT GET BACK IN GEAR. JUMPED OUT OF TRUCK.

August 20, 1996 WV · Coal FALL OF ROOF OR BACK
Long Branch Mining Inc · Accident type, without injuries

ROOF FALL #1 ENTRY SPAD #123-13 BRKS, IN THE N.W. MAINS SECTION. FALL OCCURRED BETWEEN EXAMINATION ON 8-16 & 8-20. FALL OCCURRED IN INTERSECTION APPROX LENGTH 50'X18'WX3'T AT EDGES TO 7' IN CENTER.

January 25, 1996 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Long Branch Mining Inc · Fall from machine

EMPLOYEE STATED THAT THE TRUCK BRAKES "FELT FUNNY". THE EMPLOYEE JUMPED OUT OF THE TRUCK. EMPLOYEE WAS TAKEN TO THE HOSPITAL FOR X-RAYS AND WAS RELEASED.