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Mine No. 36: 491 MSHA citations Coal

XMV, Inc. · Underground
Controlled by Cleveland-Cliffs Inc
Elbert, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4608845

Mine No. 36 has $515K in proposed MSHA penalties and $898 outstanding across 17 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
28
Years on record
2000–2009
Latest incident
Dec 2009
Compliance record
MSHA citations since 2000
491
citations
174
significant & substantial
$515,304
proposed penalties
$275,420
paid to date
53% of proposed penalties paid to date, a $239,884 gap.
Source: MSHA violations data, updated weekly.
See XMV, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
133
inspections on record
4,926
inspection hours
10.0
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.
491 citations across 4,926 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 36 has $515K in proposed MSHA penalties and $898 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.
$515K
proposed penalties
$276K
current assessed
$275K
paid to date
$898
outstanding
478 assessments are final orders; 17 contested dockets.
Of $433K in penalties contested before the Commission, $157K was upheld in final decisions.
As of the most recent assessment on 2009-12-08.
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.
36.2%
significant & substantial
7.7%
high negligence or reckless
39.7%
reasonably likely or greater
40.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 15.0% low, 76.4% moderate, 7.7% 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.
121 citations taken to the federal commission · 25% of citations on record
  • Settled 114 · 94%
  • Vacated or withdrawn 7 · 6%
69%
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 71 decided S&S contests · industry: 79%
64%
Penalty reduction in decided contests
$433K proposed, $157K 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 2010-02-16.
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 2009-562 Settlement Barbour 2010 $170K → $62K
WEVA 2009-163 Settlement Weisberger 2010 $77K → $14K
WEVA 2008-1743 Settlement Weisberger 2010 $42K → $4K
WEVA 2010-527 Settlement Rae 2011 $37K → $22K
WEVA 2008-435 Settlement Melick 2008 $33K → $20K
WEVA 2009-14 Settlement Weisberger 2010 $23K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 36 shows 78% of 610 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: 2009-11-14, 16 years ago
78%
within 1.5 mg/m3
610
samples
6.38
dust max (mg/m3)
319 samples taken by MSHA inspectors, 291 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR327
  • MOBILE BRIDGE OPERATOR64
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)61

Silica (quartz)

Last sampled: 2009-07-31, 17 years ago
1.9
silica avg (%)
46
samples
8.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR45
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: 2009-10-20, 16 years ago
13%
over PEL
53
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR11
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)11
  • MOBILE BRIDGE OPERATOR10
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
2009 86% 118
2008 96% 45
2007 64% 42
2006 78% 46
2005 59% 69
2004 73% 56
2003 86% 49
2002 75% 84
2001 83% 81
2000 85% 20
Silica (quartz) by year
Year silica avg (%) samples
2009 2.5 8
2008 1.6 1
2007 0.5 1
2006 3.4 3
2005 1.4 6
2004 1.1 6
2003 1.5 1
2002 1.1 10
2001 2.0 8
2000 6.1 2
Noise by year
Year over PEL samples
2009 0% 16
2008 0% 7
2005 43% 14
2004 17% 6
2003 0% 5
2001 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 36 recorded 14.44 reportable injury cases per 100 full-time workers in 2009.

Injury rate, 2009
ⓘ 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.
14.44
total case rate
14.44
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In West Virginia, coal mining averaged 4.29 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
2009 * 14.44 14.44 0.000
2008 * 0.00 0.00 0.000
2007 * 11.52 8.64 0.000
2006 * 7.62 2.54 0.000
2005 * 7.47 2.49 0.000
2004 * 2.83 2.83 0.000
2003 * 13.61 9.07 0.000
2002 * 6.99 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. Island Fork Construction Ltd 2000 to 2002
  2. XMV, Inc. 2002 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)
2009 35 142,206
2008 29 152,569
2007 34 214,725
2006 37 134,766
2005 36 135,675
2004 31 174,433
2003 18 95,865
2002 13 107,171
2001 15 108,825
2000 5 16,695
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 36 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
2009 Q4 17,748 34 13 1915.7
2009 Q3 18,585 22 1 1183.8
2009 Q2 22,451 41 16 1826.2
2009 Q1 24,317 23 11 945.8
2008 Q4 14,514 57 19 3927.2
2008 Q3 17,016 21 3 1234.1
2008 Q2 20,199 7 2 346.6
2008 Q1 16,696 16 5 958.3
Show 30 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q4 18,289 15 9 820.2
2007 Q3 14,955 8 5 534.9
2007 Q2 19,282 2 2 103.7
2007 Q1 16,935 14 7 826.7
2006 Q4 21,547 10 0 464.1
2006 Q3 15,580 6 3 385.1
2006 Q2 22,576 8 5 354.4
2006 Q1 19,032 10 3 525.4
2005 Q4 22,818 13 2 569.7
2005 Q3 16,391 16 9 976.1
2005 Q2 22,582 18 5 797.1
2005 Q1 18,538 6 3 323.7
2004 Q4 20,116 8 5 397.7
2004 Q3 15,247 10 4 655.9
2004 Q2 18,405 6 1 326.0
2004 Q1 16,859 2 2 118.6
2003 Q4 13,859 2 0 144.3
2003 Q3 9,674 11 4 1137.1
2003 Q2 11,031 2 0 181.3
2003 Q1 9,525 8 2 839.9
2002 Q4 5,333 7 4 1312.6
2002 Q3 5,009 3 1 598.9
2002 Q2 8,913 10 4 1122.0
2002 Q1 9,364 8 3 854.3
2001 Q4 10,024 9 2 897.8
2001 Q3 8,752 7 3 799.8
2001 Q2 9,072 14 4 1543.2
2001 Q1 8,573 14 4 1633.0
2000 Q4 4,801 5 2 1041.4
2000 Q3 1,983 8 0 4034.3
No fatalities recorded at this mine.

Reportable incidents

28 on file

2009 · 6 incidents

December 9, 2009 WV · Coal electrician, lineman FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

EE was watching the miner cable when a piece of rock fell from the rib/roof and struck the EE on the shoulder.

October 5, 2009 WV · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

EE was working on the Mehtane Sniffer when a piece of rock fell between roof bolts and struck the employee on the head and upper back.

June 29, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Employee was bolting top when a piece of draw rock fell and struck him on the back of his head.

February 20, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

While waiting on other pinner man to finish putting up bolts, a rock came down on his arm and wrist.

January 30, 2009 WV · Coal welder (shop) SLIP OR FALL OF PERSON
XMV, Inc. · Fall onto or against objects

The ground was muddy around the track, the employee said that he slipped on the track rail and hurt his leg. Right thigh, there were no wittnesses and the accident was not reported until midshift.

January 6, 2009 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
XMV, Inc. · Over-exertion in lifting objects

Was hanging miner cable in # 2 intersection.

2007 · 5 incidents

November 26, 2007 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
XMV, Inc. · Struck by powered moving object

MBC operator backed up from miner that was in #7 heading stopped MBC 8ft inby 6 to 7 brk. Didn't inform anyone that he was going to install cover on front of MBC. Miner operator backed up to intersection, swung miner around to go into 6 to 7 brk. struck operator on left shoulder.

April 12, 2007 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Scaling loose rock from top to keep everyone safe during retreat belt move. When small shale rock was pulled it triggered a larger one measured approx 3'x2'x1' in the middle tapering on all edges causing the large one to fall striking the miner on the outside of the left ankle and foot.

March 9, 2007 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler STEPPING OR KNEELING ON OBJECT
XMV, Inc. · Struck against stationary object

Setting timbers and bruised knee on a rock. EE was not wearing knee pads.

January 15, 2007 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

Rock fall #5 entry, spad #43. Approx 40 ft long x 18 ft wide x 5 ft high.

2006 · 6 incidents

October 25, 2006 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

Rock fall inby section tail piece in #7 heading, 3 left section. 3 1/2' to 5 1/2' High 50' Long and 18 1/2' wide.

September 13, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
XMV, Inc. · Caught in, under or between (Not Elsewhere Classified)

Drill steel got hung in drill hole. Was pulling steel out of hole, with a lot of down force. Struck ring finger on left hand, between steel and drill head.

September 8, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
XMV, Inc. · Struck by falling object

Roof bolter operator threw a roof bolt up by machine; it bounced off rib and hit him over the eye.

September 6, 2006 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

Rock fall break #54, 6' to 7' high, 19' wide, 20' long in #6 entry 300' from face.

September 2, 2006 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

Rock fall break #29 on 3rd left. 3.5' to 5.5' high, 50' long, 19' wide 2,430 ft from face #6 entry.

June 27, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
XMV, Inc. · Fall from machine

Bringing railrunner outside, he lost control of railrunner, jumped off and broke little finger on left hand.

2005 · 3 incidents

October 29, 2005 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object

Roof bolter operator swung canopy boom out, put up fust rib bolt swung canopy boom back in the put up bolt rock fell bolt top striking operator on back of leg.

April 4, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
XMV, Inc. · Caught in, under or between a moving and a stationary object

WHILE LOADING RIPPER DRUMS IN SCOOP, THE INJURED PERSON LAID HIS HAND ON BACK OF SCOOP BUCKET. WHEN THE RAM WAS PULLED IN IT CAUGHT HIS RIGHT HAND BETWEEN THE RAM & BUCKET, SEVERING 2 FINGERS & THE FINGER NEXT TO IT.

January 27, 2005 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
XMV, Inc. · Over-exertion (Not Elsewhere Classified)

He twisted his right knee hanging curtain.

2004 · 2 incidents

January 26, 2004 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

ROOF FALL 10' INBY SPAD #63 TO 10' INBY SPAD #68 3 1/2' ON LEFT SIDE 5' ON RIGHT SIDE 60' LONG.

January 14, 2004 WV · Coal electrician, lineman POWERED HAULAGE
XMV, Inc. · Caught in, under or between a moving and a stationary object

WHILE ATTEMPTING TO MOVE A PERMISSIBLE MANTRIP LOCATED 3 BKS OUTBY FACE AT MANTRIP CHARGING STATION. MANTRIP MOVED FORWARD HIS LEFT FOOT GOT CAUGHT BY A ROCK AND PULLED UNDER LEFT FRONT OF MAN TRIP CAUSING CRUSHING INJURY TO LEFT FOOT.

2003 · 3 incidents

August 8, 2003 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
XMV, Inc. · -

WAS BOLTING #3 HEADING DROPPED HEAD ON LEFT KNEE.

April 14, 2003 WV · Coal
XMV, Inc. · -

EE WAS DRAGGING A FIRST AID BOX AND HE PULLED A MUSCLE IN HIS BACK.

April 14, 2003 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
XMV, Inc. · Struck by... (Not Elsewhere Classified)

HE WAS HELPING THE DAY SHIFT MECHANIC TO GET THE CONVEYOR CHAIN ON #2 MBC TO RUN. THEY HAD PUT A CHAIN AROUND THE CONVEYOR CHAIN, SO THEY COULD HOOK THE COME-ALONG UP. THE CHAIN THEY HAD ON TH E CONVEYOR CHAIN BROKE, LET THE HOOK COME BACK AND HIT EE IN THE HEAD.

2002 · 2 incidents

November 25, 2002 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
XMV, Inc. · Caught in, under or between a moving and a stationary object

WAS UNLOADING TIMBERS ONTO SCOOP. SMASHED LEFT THUMB BETWEEN TIMBER AND TOP.

November 19, 2002 WV · Coal FALL OF ROOF OR BACK
XMV, Inc. · Accident type, without injuries

ROOF FALL BRK 23 1ST LEFT SECTION IN BLEEDER #132 ENTRY. CAN'T DETERMINE LENGTH OR HEIGHT. SPAD #305 AND 306.

2000 · 1 incident

November 8, 2000 WV · Coal electrician, lineman MACHINERY
Island Fork Construction Ltd · Struck by falling object

#6 HEADING WHILE BACKING MINER OUT PIECE OF ROCKFELL OUT BETWEEN BOLTS HITTING EE ON RIGHT SHOULDER BENDING HIM OVER. EE WAS HAVING PAINS IN RIBS