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.
681 citations across 7,098 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine No. 42 has $513K in proposed MSHA penalties and $100 outstanding across 33 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.
$513K
proposed penalties
$373K
current assessed
$372K
paid to date
$100
outstanding
676 assessments are final orders; 33 contested dockets.
Of $307K in penalties contested before the Commission, $166K was upheld in final decisions.
As of the most recent assessment on 2018-06-18.
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.
92citations taken to the federal commission · 14% of citations on record
Settled
87 · 95%
Stood as issued
2 · 2%
Vacated or withdrawn
3 · 3%
75%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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%
46%
Penalty reduction in decided contests
$307K proposed, $166K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2018-05-17.
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. 42 shows 98% of 1,486 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: 2018-08-14, 8 years ago
98%
within 1.5 mg/m3
1,486
samples
4.13
dust max (mg/m3)
4
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.
423 samples taken by MSHA inspectors, 1,063 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. 42 recorded 14.54 reportable injury cases per 100 full-time workers in 2018.
Injury rate, 2018
ⓘ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.
14.54
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.34 and the all-US-mining average was 2.33 cases per 100 workers.
In West Virginia, coal mining averaged 4.77 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
2018 *
14.54
0.00
0.000
2017
0.00
0.00
0.000
2016
3.27
1.64
0.000
2015
4.64
1.86
0.000
2014
1.62
0.00
0.000
2013
0.00
0.00
0.000
2012 *
2.01
0.00
0.000
2011 *
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)
2019
1
2018
32
96,994
2017
74
175,431
2016
66
246,672
2015
93
307,771
2014
93
361,491
2013
51
177,908
2012
41
109,145
2011
18
34,650
2010
0
Source: MSHA quarterly employment and production, updated weekly.
Mine No. 42 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
2019 Q3
200
0
0
0.0
2019 Q2
600
0
0
0.0
2019 Q1
600
0
0
0.0
2018 Q4
0
0
0
2018 Q3
13,556
0
0
0.0
2018 Q2
27,505
16
5
581.7
2018 Q1
27,708
31
12
1118.8
2017 Q4
43,339
62
13
1430.6
Show 29 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2017 Q3
34,568
69
19
1996.1
2017 Q2
29,963
53
10
1768.8
2017 Q1
28,044
34
6
1212.4
2016 Q4
27,411
46
12
1678.2
2016 Q3
31,362
18
4
573.9
2016 Q2
32,434
21
4
647.5
2016 Q1
30,983
11
3
355.0
2015 Q4
33,761
12
3
355.4
2015 Q3
53,645
42
5
782.9
2015 Q2
68,826
15
2
217.9
2015 Q1
59,121
15
3
253.7
2014 Q4
71,720
30
8
418.3
2014 Q3
75,418
13
2
172.4
2014 Q2
53,179
14
4
263.3
2014 Q1
47,004
26
6
553.1
2013 Q4
38,742
18
2
464.6
2013 Q3
33,020
17
6
514.8
2013 Q2
32,178
10
4
310.8
2013 Q1
29,125
17
3
583.7
2012 Q4
26,468
9
0
340.0
2012 Q3
25,998
18
5
692.4
2012 Q2
24,054
11
3
457.3
2012 Q1
22,775
30
6
1317.2
2011 Q4
23,390
15
7
641.3
2011 Q3
15,410
2
2
129.8
2011 Q2
2,063
0
0
0.0
2011 Q1
0
0
0
2010 Q4
0
0
0
2010 Q3
0
0
0
No fatalities recorded at this mine.
Reportable incidents
17 on file
2018 · 5 incidents
April 30, 2018WV · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossPOWERED HAULAGE
XMV, Inc. · Caught in, under or between a moving and a stationary object
Employee was riding a rubber tired man trip across the section when ee went under a low place and was caught between the ride and the top.
March 20, 2018WV · Coalhaul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driverSLIP OR FALL OF PERSON
Employee was traveling up the fuel tank steps, when they lost balance, foot and hand slipped, body then twisted and impacted the truck bed and they fell to the ground. During the fall employee scraped their right side on the truck bed.
March 16, 2018WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorFALLING/SLIDING/ROLLING MATERIALS
EE was setting a timber and another timber nearby fell, that was not wedged tight and struck EE on the right shoulder and chest area.
January 12, 2018WV · Coalbeltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor riderHANDTOOLS (NONPOWERED)
XMV, Inc. · Struck by... (Not Elsewhere Classified)
Employee was cutting a belt with a razor knife that slipped cutting the left hand, stitches were required to close the wound. Employee brought Dr report on 1/15/18 showing stitches were required to close the wound.
January 8, 2018WV · Coalelectrician, linemanELECTRICAL
XMV, Inc. · Struck by... (Not Elsewhere Classified)
Employee was cutting open a splice on the miner cable when the knife slipped cutting employee's left forearm.
March 28, 2016WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)HANDLING OF MATERIALS
XMV, Inc. · Over-exertion in pulling or pushing objects
Employee stated that while bending a roof bolt, felt something pop in shoulder. Employee returned to work on 3/30/16 and worked until 4/4/16.
2015 · 6 incidents
December 9, 2015WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorPOWERED HAULAGE
XMV, Inc. · Struck by... (Not Elsewhere Classified)
Employee was tramming a shuttle car when the metal cover over the pump motor came in contact with a roof bolt causing the cover to become dislodged and striking the employee
September 2, 2015WV · Coalroof 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 installing a roof bolt when he caught his thumb between the roof bolt plate and the mine roof.
May 11, 2015WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS
Employee was unloading 60 pound rail, one rail slipped off truck, striking right foot
April 30, 2015WV · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDTOOLS (NONPOWERED)
XMV, Inc. · Struck by... (Not Elsewhere Classified)
Employee was assisting a co-worker in making a belt splice. As the co-worker was swinging a hammer to secure the splice the injured employee turned toward him causing the co-worker to strike him with the hammer.
February 26, 2015WV · Coalroof bolter, rock bolter, pinner, mobile roof support operator (mrs)FALL OF ROOF OR BACK
EE was changing a chuck in drill pot of roof bolting machine. While leaning over drill head, a piece of draw rock fell striking him in back of head. This pushed his head down onto drill head of roof bolter causing 2 teeth to be loosened. (The EE had a pending appointment to have his upper teeth extracted and replaced with dentures. The EE elected to have the loose teeth removed).