Mining Incidents

Mine No 4: 233 MSHA citations Coal

Gilbert, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609002

Mine No 4 has $129K in proposed MSHA penalties and $20K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2004–2010
Latest incident
Mar 2010
Compliance record
MSHA citations since 2004
233
citations
164
significant & substantial
$128,737
proposed penalties
$88,220
paid to date
69% of proposed penalties paid to date, a $40,517 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
45
inspections on record
1,928
inspection hours
12.1
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.
233 citations across 1,928 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No 4 has $129K in proposed MSHA penalties and $20K outstanding across 6 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.
$129K
proposed penalties
$109K
current assessed
$88K
paid to date
$20K
outstanding
223 assessments are final orders; 6 contested dockets.
Of $47K in penalties contested before the Commission, $27K was upheld in final decisions.
As of the most recent assessment on 2011-05-31.
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.
73.5%
significant & substantial
2.7%
high negligence or reckless
74.9%
reasonably likely or greater
56.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 27.8% low, 69.5% moderate, 2.7% 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.
12 citations taken to the federal commission · 5% of citations on record
  • Settled 12 · 100%
73%
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 11 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$47K proposed, $27K 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 2012-02-28.
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 2009-582 Settlement Barbour 2011 $28K → $17K
WEVA 2009-716 Settlement Moran 2011 $8K → $5K
WEVA 2012-70 Settlement Gill 2013 $4K → $2K
WEVA 2008-429 Settlement Barbour 2008 $4K → $1K
WEVA 2011-2212 Settlement Simonton 2012 $2K → $601
WEVA 2009-717 Settlement Moran 2011 $425 → $425
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 4 shows 100% of 41 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: 2009-09-24, 16 years ago
100%
within 1.5 mg/m3
41
samples
0.87
dust max (mg/m3)
41 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
  • BULLDOZER OPERATOR8

Silica (quartz)

Last sampled: 2005-07-19, 21 years ago
10.7
silica avg (%)
3
samples
20.6
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3

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: 2010-06-15, 16 years ago
6%
over PEL
16
samples
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • BULLDOZER OPERATOR3
  • HIGHLIFT OPERATOR/FRONT END LOADER3
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 100% 2
2008 100% 10
2007 100% 5
2006 100% 4
2005 100% 10
2004 100% 10
Noise by year
Year over PEL samples
2010 0% 1
2009 0% 2
2008 25% 4
2004 0% 9
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 4 recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2008 7.10 7.10 0.000
2007 1.18 1.18 0.000
2006 6.73 6.73 0.000
2005 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. Open Fork Mining LLC 2003 to 2005
  2. Frasure Creek Mining LLC 2005 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)
2019 0
2018 0
2017 0
2016 0
2015 0
2014 0
2013 0
2012 1
2011 2
2010 1
2009 9 44,232
2008 58 704,762
2007 61 1,016,816
2006 53 776,178
2005 49 634,221
2004 26 368,834
Source: MSHA quarterly employment and production, updated weekly.

Mine No 4 sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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
2019 Q2 0 0 0
2019 Q1 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 0 0
Show 52 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 118 0 0 0.0
2012 Q2 480 0 0 0.0
2012 Q1 0 0 0
2011 Q4 1,158 1 0 863.6
2011 Q3 809 0 0 0.0
2011 Q2 715 1 1 1398.6
2011 Q1 746 3 2 4021.4
2010 Q4 698 2 1 2865.3
2010 Q3 630 0 0 0.0
2010 Q2 540 0 0 0.0
2010 Q1 540 0 0 0.0
2009 Q4 884 0 0 0.0
2009 Q3 3,241 0 0 0.0
2009 Q2 2,253 0 0 0.0
2009 Q1 17,934 0 0 0.0
2008 Q4 33,904 7 7 206.5
2008 Q3 43,744 39 17 891.6
2008 Q2 42,710 0 0 0.0
2008 Q1 48,721 11 10 225.8
2007 Q4 42,174 0 0 0.0
2007 Q3 47,800 7 3 146.4
2007 Q2 39,373 4 4 101.6
2007 Q1 40,872 8 8 195.7
2006 Q4 34,372 5 2 145.5
2006 Q3 38,750 0 0 0.0
2006 Q2 35,076 3 2 85.5
2006 Q1 40,328 0 0 0.0
2005 Q4 32,930 0 0 0.0
2005 Q3 38,832 0 0 0.0
2005 Q2 39,127 7 7 178.9
2005 Q1 26,804 0 0 0.0
2004 Q4 27,762 1 1 36.0
2004 Q3 22,830 0 0 0.0
2004 Q2 3,081 2 1 649.1
No fatalities recorded at this mine.

Reportable incidents

22 on file

2010 · 1 incident

March 25, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Walking on uneven ground and twisted his ankle which resulted in a fracture.

2009 · 1 incident

June 23, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Drill operator stated that he stepped in a crack on the bench at night and injured his knee.

2008 · 7 incidents

September 15, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Frasure Creek Mining LLC · Struck against a moving object

777 Truck backed in on field, when truck stopped rock came rolling off side of truck striking dozer on left side.

August 16, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

EE was installing hood on D9 dozer and pulled muscle in neck & back. Reason for delay in reporting - was not told of accident until 8/25/2008.

June 27, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver MACHINERY
Frasure Creek Mining LLC · Struck against a moving object

Employee was driving (777) rock truck being loaded with 992G. Another worker was operating D11 helping 992G & hit 777 truck with D11 blade.

April 8, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

EE was hauling rock from #1 Point Pond Creek Pit to #2 Valley fill, EE said he hit bump in haul road causing seatbelt to jam his right hip. He said he has pins in hip.

March 28, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

The roads were wet & slippery, EE was trying to pass a coal truck, lost control of his S10 and went to into a slump hole around Marker #22. It skinned his cheek, put a laceration in his knee requiring 5 stitches, and a contusion.

March 26, 2008 WV · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Operator was cleaning ditch line and berms with excavator bucket, hit tree limb causing it to strike windshield cutting EE's hand.

March 25, 2008 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall from machine

Operator was standing on step in front of windshield of 992E and fell injuring right knee.

2007 · 3 incidents

September 24, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

Claimed by the employee: He was stepping to the ground from his 777 rock truck. He twisted his ankle and fell to the ground, spraining his ankle. Employee said he was carrying his dinner bucket, therefore he didn't have three points contact. Frasure Creek Mining doesn't think this happened on the job. It wasn't reported until the next day.

February 26, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall from machine

Reported 3/8/07-foot slipped on the bulk truck, fell and broke 3 ribs.

2006 · 8 incidents

October 13, 2006 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

Employee clocked out @ 11:29 AM & was on his way in his personal vehicle. He drove 3.2 miles down the mine when he was struck by another vehicle. Unknown to us the mine did not file this MVA. We just found out the employee wants to file this claim with us. Initially this claim was not filed since he was off the clock. Unknown information @ this time on the other driver.

July 21, 2006 WV · Coal driller, highwall operator, highwall drill operator MACHINERY
Frasure Creek Mining LLC · Struck against a moving object

While operating a I/R DM45 highwall drill, the employee was on the road to drill bench and he was thrown into the control levers.

May 6, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Frasure Creek Mining LLC · Bodily reaction, (Not Elsewhere Classified)

EE (Mechanic) was wworking underneath water truck after he had crawled from underneath of truck he stood up and his left knee flew out of place. This incident did not require First Aid or Rescue Squad.

May 4, 2006 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Frasure Creek Mining LLC · Struck against a moving object

Truck driver backed truck under loader bucket to be loaded loader operator dropped a rock into truck bed causing Neck problem this incident did not require first aid or rescue squad.

February 10, 2006 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

While tightening axle cap, axle cap bolt broke causing employee to fall.

January 23, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall from machine

His fall was from top of fuel storage tank on the grease truck.

2005 · 1 incident

August 9, 2005 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Frasure Creek Mining LLC · Over-exertion in lifting objects

Employee was pulling a plug from a drill hole when he felt a pain on his right side.

2004 · 1 incident

July 19, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Open Fork Mining LLC · Fall from scaffolds, walkways, platforms

EE after retrieving tape line from middle tier (level) slipped and fell approx 14' to the bottom tier (level).