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.
302 citations across 3,541 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine No. 40 has $118K in proposed MSHA penalties and $0 outstanding across 26 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.
$118K
proposed penalties
$104K
current assessed
$104K
paid to date
$0
outstanding
298 assessments are final orders; 26 contested dockets.
Of $77K in penalties contested before the Commission, $62K was upheld in final decisions.
As of the most recent assessment on 2015-09-15.
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.
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.
98citations taken to the federal commission · 32% of citations on record
Settled
97 · 99%
Stood as issued
1 · 1%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 63 decided S&S contests · industry: 79%
19%
Penalty reduction in decided contests
$77K proposed, $62K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2014-11-13.
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.
MSHA sampling at Mine No. 40 shows 93% of 619 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: 2015-09-18, 10 years ago
93%
within 1.5 mg/m3
619
samples
5.21
dust max (mg/m3)
1
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.
272 samples taken by MSHA inspectors, 347 by the operator.
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.
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.
Mine No. 40 recorded 2.02 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.
2.02
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 *
2.02
0.00
0.000
2014
0.00
0.00
0.000
2013
0.00
0.00
0.000
2012
1.74
0.00
0.000
2011
0.00
0.00
0.000
2010 *
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.
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)
2017
0
2016
0
2015
43
142,118
2014
51
172,738
2013
51
221,951
2012
50
190,894
2011
47
230,321
2010
37
172,732
2009
6
38,824
Source: MSHA quarterly employment and production, updated weekly.
Mine No. 40 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
2017 Q4
0
0
0
2017 Q3
0
0
0
2017 Q2
0
0
0
2017 Q1
0
0
0
2016 Q4
0
0
0
2016 Q3
0
0
0
2016 Q2
0
0
0
2016 Q1
0
0
0
Show 28 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2015 Q4
9,136
0
0
0.0
2015 Q3
24,830
8
1
322.2
2015 Q2
34,328
13
1
378.7
2015 Q1
30,938
11
3
355.5
2014 Q4
35,123
10
3
284.7
2014 Q3
36,776
15
4
407.9
2014 Q2
28,542
16
3
560.6
2014 Q1
28,833
11
0
381.5
2013 Q4
29,046
6
0
206.6
2013 Q3
29,943
14
1
467.6
2013 Q2
31,602
12
3
379.7
2013 Q1
31,192
16
2
513.0
2012 Q4
29,075
18
1
619.1
2012 Q3
28,469
8
1
281.0
2012 Q2
29,209
10
1
342.4
2012 Q1
28,305
15
0
529.9
2011 Q4
29,803
17
5
570.4
2011 Q3
30,257
14
2
462.7
2011 Q2
28,265
19
10
672.2
2011 Q1
28,709
10
2
348.3
2010 Q4
26,677
12
6
449.8
2010 Q3
26,928
5
1
185.7
2010 Q2
21,471
12
6
558.9
2010 Q1
15,345
14
2
912.3
2009 Q4
10,445
13
1
1244.6
2009 Q3
4,589
2
2
435.8
2009 Q2
0
0
0
2009 Q1
0
0
0
No fatalities recorded at this mine.
Reportable incidents
3 on file
2015 · 1 incident
June 18, 2015WV · Coalcontinuous miner operator, coal mole operatorMACHINERY
XMV, Inc. · Caught in, under or between a moving and a stationary object
Employee was tramming the continuous miner out of the No. 8 entry. He stopped the miner to hook up the cable slack rope, as he was moving away from the miner he started the miner up and the continuous miner slewed toward him causing him to be pushed against a timber.
EE was crawling to put power in on miner when he raised up back of neck hit corner end of a 16' roof strap causing a laceration. Condition contributing to accident low mining height, 16' metal strap.