XMV, Inc. · Struck against stationary object
employee stepped into guard bldg to reach for 2 way radio setting in window, he tripped and as he fell, his left hand went through glass window
Mine No. 37: 497 MSHA citations Coal
XMV, Inc.
· Underground
Controlled by
Cleveland-Cliffs Inc
Elbert,
Mcdowell County,
WV
·
Abandoned and Sealed
MSHA Mine ID: 4609017
Mine No. 37 has $608K in proposed MSHA penalties and $0 outstanding across 47 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 14
- Years on record
- 2004–2013
- Latest incident
- Jun 2013
Compliance record
MSHA citations since 2004
497
citations
147
significant & substantial
$607,795
proposed penalties
$355,639
paid to date
59% of proposed penalties paid to date, a $252,156 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
74
inspections on record
3,685
inspection hours
13.5
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.497 citations across 3,685 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine No. 37 has $608K in proposed MSHA penalties and $0 outstanding across 47 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.$608K
proposed penalties
$356K
current assessed
$356K
paid to date
$0
outstanding
484 assessments are final orders; 47 contested dockets.
Of $547K in penalties contested before the Commission, $253K was upheld in final decisions.
As of the most recent assessment on 2013-07-09.
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.30.2%
significant & substantial
6.8%
high negligence or reckless
35.2%
reasonably likely or greater
39.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.4% low, 72.8% moderate, 6.2% high, 0.6% 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.
235
citations taken to the federal commission · 47% of citations on record
- Settled 224 · 95%
- Stood as issued 6 · 3%
- Vacated or withdrawn 5 · 2%
66%
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 121 decided S&S contests · industry: 79%
54%
Penalty reduction in decided contests
$547K proposed, $253K 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 2014-06-29.
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 2008-1783 | Settlement | Gill | 2010 | $209K → $30K |
| WEVA 2009-567 | Settlement | Barbour | 2010 | $46K → $29K |
| WEVA 2012-1351 | Settlement | Paez | 2013 | $33K → $19K |
| WEVA 2010-643 | Settlement | Rae | 2011 | $32K → $22K |
| WEVA 2013-242 | Settlement | Lewis | 2014 | $26K → $18K |
| WEVA 2012-315 | Settlement | Lewis | 2012 | $17K → $14K |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Mine No. 37 shows 91% of 483 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: 2013-08-19, 13 years ago
ⓘ
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.91%
within 1.5 mg/m3
483
samples
7.04
dust max (mg/m3)
228 samples taken by MSHA inspectors, 255 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR274
- SHUTTLE CAR OPERATOR (STANDARD SIDE)41
- ROOF BOLTER (SINGLE HEAD)33
Silica (quartz)
Last sampled: 2013-03-29, 13 years ago3.7
silica avg (%)
22
samples
8.5
silica max (%)
Most-sampled occupations
- CONTINUOUS MINER OPERATOR22
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: 2013-07-24, 13 years ago
ⓘ
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.2%
over PEL
47
samples
Most-sampled occupations
- SHUTTLE CAR OPERATOR (STANDARD SIDE)9
- CONTINUOUS MINER OPERATOR8
- MOBILE BRIDGE OPERATOR7
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% | 37 |
| 2012 | 94% | 33 |
| 2011 | 98% | 55 |
| 2010 | 100% | 58 |
| 2009 | 84% | 51 |
| 2008 | 89% | 56 |
| 2007 | 76% | 46 |
| 2006 | 92% | 48 |
| 2005 | 91% | 68 |
| 2004 | 87% | 31 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2013 | 1.7 | 1 |
| 2012 | 3.2 | 3 |
| 2011 | 4.3 | 4 |
| 2010 | 3.3 | 1 |
| 2009 | 3.3 | 2 |
| 2008 | 1.6 | 2 |
| 2007 | 0.8 | 2 |
| 2006 | 4.3 | 3 |
| 2005 | 4.7 | 2 |
| 2004 | 8.1 | 2 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2013 | 0% | 6 |
| 2011 | 0% | 9 |
| 2010 | 0% | 7 |
| 2009 | 0% | 3 |
| 2008 | 0% | 7 |
| 2007 | 0% | 5 |
| 2006 | 20% | 5 |
| 2005 | 0% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Mine No. 37 recorded 6.75 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.6.75
total case rate
0.00
days-away rate
0.000
fatality rate
Above 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 * | 6.75 | 0.00 | 0.000 |
| 2012 * | 0.00 | 0.00 | 0.000 |
| 2011 * | 0.00 | 0.00 | 0.000 |
| 2010 * | 0.00 | 0.00 | 0.000 |
| 2009 * | 0.00 | 0.00 | 0.000 |
| 2008 * | 0.00 | 0.00 | 0.000 |
| 2007 * | 4.66 | 4.66 | 0.000 |
| 2006 * | 4.16 | 4.16 | 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
- XMV, Inc. 2003 to present
- Walcoal, Inc. 2004 to 2006
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) |
|---|---|---|
| 2014 | 0 | |
| 2013 | 15 | 43,843 |
| 2012 | 14 | 37,140 |
| 2011 | 24 | 87,073 |
| 2010 | 38 | 163,250 |
| 2009 | 35 | 125,234 |
| 2008 | 27 | 158,167 |
| 2007 | 20 | 78,800 |
| 2006 | 26 | 71,861 |
| 2005 | 29 | 76,315 |
| 2004 | 22 | 1,902 |
Source: MSHA quarterly employment and production, updated weekly.
Mine No. 37 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 |
|---|---|---|---|---|
| 2014 Q2 | 0 | 0 | 0 | |
| 2013 Q4 | 2,094 | 0 | 0 | 0.0 |
| 2013 Q3 | 8,422 | 2 | 0 | 237.5 |
| 2013 Q2 | 9,109 | 9 | 1 | 988.0 |
| 2013 Q1 | 10,015 | 36 | 9 | 3594.6 |
| 2012 Q4 | 8,468 | 23 | 8 | 2716.1 |
| 2012 Q3 | 8,949 | 2 | 0 | 223.5 |
| 2012 Q2 | 9,574 | 28 | 5 | 2924.6 |
Show 32 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2012 Q1 | 9,367 | 9 | 2 | 960.8 |
| 2011 Q4 | 9,388 | 10 | 2 | 1065.2 |
| 2011 Q3 | 11,959 | 11 | 4 | 919.8 |
| 2011 Q2 | 21,229 | 6 | 0 | 282.6 |
| 2011 Q1 | 24,589 | 17 | 5 | 691.4 |
| 2010 Q4 | 24,615 | 6 | 4 | 243.8 |
| 2010 Q3 | 24,957 | 15 | 1 | 601.0 |
| 2010 Q2 | 24,959 | 8 | 1 | 320.5 |
| 2010 Q1 | 21,462 | 21 | 5 | 978.5 |
| 2009 Q4 | 20,296 | 29 | 9 | 1428.9 |
| 2009 Q3 | 19,685 | 33 | 6 | 1676.4 |
| 2009 Q2 | 19,654 | 36 | 14 | 1831.7 |
| 2009 Q1 | 22,491 | 14 | 9 | 622.5 |
| 2008 Q4 | 15,249 | 37 | 6 | 2426.4 |
| 2008 Q3 | 15,967 | 8 | 2 | 501.0 |
| 2008 Q2 | 16,121 | 10 | 2 | 620.3 |
| 2008 Q1 | 15,919 | 15 | 7 | 942.3 |
| 2007 Q4 | 17,092 | 19 | 9 | 1111.6 |
| 2007 Q3 | 11,760 | 6 | 1 | 510.2 |
| 2007 Q2 | 8,821 | 10 | 5 | 1133.7 |
| 2007 Q1 | 5,247 | 10 | 5 | 1905.9 |
| 2006 Q4 | 8,821 | 1 | 1 | 113.4 |
| 2006 Q3 | 11,373 | 8 | 1 | 703.4 |
| 2006 Q2 | 17,690 | 9 | 8 | 508.8 |
| 2006 Q1 | 10,196 | 7 | 4 | 686.5 |
| 2005 Q4 | 11,771 | 3 | 0 | 254.9 |
| 2005 Q3 | 15,042 | 11 | 1 | 731.3 |
| 2005 Q2 | 12,281 | 12 | 4 | 977.1 |
| 2005 Q1 | 11,673 | 1 | 0 | 85.7 |
| 2004 Q4 | 11,735 | 4 | 3 | 340.9 |
| 2004 Q3 | 6,884 | 0 | 0 | 0.0 |
| 2004 Q2 | 4,239 | 6 | 1 | 1415.4 |
No fatalities recorded at this mine.
Reportable incidents
14 on file2013 · 2 incidents
June 11, 2013
WV · Coal
laborer, bull gang, parts runner, roustabout, roof trimmer/scaler
HANDLING OF MATERIALS
XMV, Inc. · Struck by falling object
Employee was helping with a belt move and a piece of belt structure fell and struck employee on hand.
2009 · 1 incident
XMV, Inc. · Accident type, without injuries
A roof fall measuring approx. 3'x20'x40' occurred on the mains section-mmu 001-0
2007 · 2 incidents
December 4, 2007
WV · Coal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
POWERED HAULAGE
XMV, Inc. · Caught in, under or between running or meshing objects
Employee was cleaning tail piece and put arm in tail roller and was injured.
January 29, 2007
WV · Coal
bull gang foreman, labor foreman, leadman, section foreman, shift boss
FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object
The employee was in the process of moving timbers to start mining a lift. When he removed a timber near him, a piece of rock measuring approx. 7' x 3' x 18" fell between bolts and struck the employee.
2006 · 1 incident
June 12, 2006
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
XMV, Inc. · Struck by falling object
While positioning the roof bolter to install roof bolts, a piece of draw rock fell and struck employee on upper back.
2005 · 6 incidents
December 5, 2005
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Walcoal, Inc. · Struck by falling object
While installing last row bolt in #5 entry while drilling a piece of rock fell hitting the operator.
November 8, 2005
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Walcoal, Inc. · Struck by falling object
After installing outside pin moved to put inside pin up & a piece of rock fell between outside pin & ATRs.
Walcoal, Inc. · Struck by... (Not Elsewhere Classified)
EE AND COWORKER WERE DRILLING HOLES IN MINE FLOOR TO ANCHOR THE TAILPIECE (HYDRAULIC DRILL - LOW COAL). COWORKER TURNED HIS HANDLE LOOSE. THE DRILL HIT EE ON THE RIGHT SIDE OF HIS HEAD.
April 20, 2005
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Walcoal, Inc. · Struck by falling object
#1 HDG APP 50 TO 60' INBY INTERSECTION WHILE INSTALLING FIRST BOLT IN A CEW CUT A ROCK FELL FROM RIB OVER TO THE HEAD OF THE MACHINE WITH THE MACHINE CATCHING MOST OF THE WEIGHT EE WAS BENT DOWN DRILLING AND THE ROCK STRCUK EE IN AROUND SHOULDER AREA
March 4, 2005
WV · Coal
laborer, bull gang, parts runner, roustabout, roof trimmer/scaler
POWERED HAULAGE
Walcoal, Inc. · Caught in, under or between (Not Elsewhere Classified)
Holding new bolt on belt line to run it down belt. belt stopped and ran backwards a few feet and twisted his back.
February 15, 2005
WV · Coal
maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech
HANDLING OF MATERIALS
Walcoal, Inc. · Caught in, under or between a moving and a stationary object
Loading oxygen tank in back of 3 wheeler ride and tank over balanced and put head in roof between roof and tank.
2004 · 2 incidents
June 11, 2004
WV · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
POWERED HAULAGE
Walcoal, Inc. · Struck against a moving object
MOVE T.D.15 DOZER TO WALL COAL. TOOK CHAIN OFF DOZER AND DOZER SLID DOWN THE TRUCK BED TO THE GROUND OFF OF ROLL BACK BED. IT WAS RAINING AND RUDDER BELT WAS SLICK.
April 14, 2004
WV · Coal
laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman
HANDLING OF MATERIALS
Walcoal, Inc. · Over-exertion (Not Elsewhere Classified)
Pulled back while carrying forms for concrete.