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.
352 citations across 2,127 inspection hours.
Source: MSHA inspections data, updated weekly.
Mine No 5 has $214K in proposed MSHA penalties and $181K outstanding across 4 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.
$214K
proposed penalties
$214K
current assessed
$32K
paid to date
$181K
outstanding
341 assessments are final orders; 4 contested dockets.
Of $16K in penalties contested before the Commission, $15K was upheld in final decisions.
As of the most recent assessment on 2009-04-28.
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.
13citations taken to the federal commission · 4% of citations on record
Settled
6 · 46%
Stood as issued
7 · 54%
25%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 8 decided S&S contests · industry: 79%
5%
Penalty reduction in decided contests
$16K proposed, $15K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2009-07-08.
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 5 shows 82% of 250 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: 2009-04-27, 17 years ago
82%
within 1.5 mg/m3
250
samples
6.41
dust max (mg/m3)
122 samples taken by MSHA inspectors, 128 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 5 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 *
0.00
0.00
0.000
2007
3.57
3.57
0.000
2006 *
6.67
3.33
0.000
2005 *
10.02
5.01
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)
2009
12
52,259
2008
37
206,340
2007
50
185,916
2006
27
118,957
2005
19
29,622
Source: MSHA quarterly employment and production, updated weekly.
Mine No 5 sits in Fayette County, West Virginia, where the Census mining category is 3.0% 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.
Fayette County, West Virginia · Population 39,987
3.0%
Mining share of county employment
$52,672
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
0
0
0
2009 Q3
0
0
0
2009 Q2
7,980
12
2
1503.8
2009 Q1
14,764
24
1
1625.6
2008 Q4
16,903
19
4
1124.1
2008 Q3
19,223
15
4
780.3
2008 Q2
20,968
8
2
381.5
2008 Q1
20,968
15
8
715.4
Show 12 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2007 Q4
24,118
40
12
1658.5
2007 Q3
27,574
41
20
1486.9
2007 Q2
34,297
31
13
903.9
2007 Q1
26,056
2
1
76.8
2006 Q4
22,648
38
19
1677.9
2006 Q3
16,399
27
6
1646.4
2006 Q2
13,904
15
5
1078.8
2006 Q1
7,049
14
7
1986.1
2005 Q4
17,188
20
5
1163.6
2005 Q3
15,402
12
8
779.1
2005 Q2
7,350
11
3
1496.6
2005 Q1
0
0
0
No fatalities recorded at this mine.
Reportable incidents
7 on file
2010 · 1 incident
February 25, 2010WV · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerSLIP OR FALL OF PERSON
Employee driving company truck, patrolling property, wiring in truck caught fire. As employee tried to put out fire, truck went into ditch. His left vehicle and started walking down hill, he fell on pavement and hit his head. He was found in roadway to approx. 5:30 am 2/25/10. Transported to hospital by ambulance.
A 488 scoop ran over a 6' timber. One end of the timber rose into the air and when it returned to the ground it struck the employee on top of his left foot causing a possible hairline fracture.
August 18, 2005WV · Coalbull gang foreman, labor foreman, leadman, section foreman, shift bossPOWERED HAULAGE
WHEN EMPLOYEE WALKED THROUGH A SET OF FLY PADS, HE MET A SHUTTLE CAR TRAVELING IN HIS DIRECTION AND WAS STRUCK ON THE RIGHT KNEE CAUSING SOME MILD BRUISING