Mining Incidents

Mine No. 5: 859 MSHA citations Coal

Selah Corporation · Underground
Controlled by Anthony P Cline
Nolan, Mingo County, WV  ·  Temporarily Idled
MSHA Mine ID: 4609277

Mine No. 5 has $301K in proposed MSHA penalties and $117K outstanding across 50 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
29
Years on record
2013–2024
Latest incident
Jun 2024
Compliance record
MSHA citations since 2011
859
citations
119
significant & substantial
$300,711
proposed penalties
$140,704
paid to date
47% of proposed penalties paid to date, a $160,007 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2011
108
inspections on record
8,499
inspection hours
10.1
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.
859 citations across 8,499 inspection hours.
Source: MSHA inspections data, updated weekly.

Mine No. 5 has $301K in proposed MSHA penalties and $117K outstanding across 50 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.
$301K
proposed penalties
$258K
current assessed
$141K
paid to date
$117K
outstanding
841 assessments are final orders; 50 contested dockets.
Of $184K in penalties contested before the Commission, $141K was upheld in final decisions.
As of the most recent assessment on 2024-05-02.
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.
14.1%
significant & substantial
1.8%
high negligence or reckless
12.2%
reasonably likely or greater
16.9%
permanently disabling or fatal if injury occurs
Negligence coding: 2.0% none, 32.5% low, 63.7% moderate, 1.8% 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.
294 citations taken to the federal commission · 34% of citations on record
  • Settled 289 · 98%
  • Stood as issued 4 · 1%
  • Vacated or withdrawn 1 · 0%
86%
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 83 decided S&S contests · industry: 79%
24%
Penalty reduction in decided contests
$184K proposed, $141K 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 2024-05-08.
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.
Docket Decision Judge Year Proposed / upheld
WEVA 2020-0219 Settlement McCarthy 2020 $16K → $12K
WEVA 2020-0253 Settlement McCarthy 2020 $12K → $10K
WEVA 2019-0300 Settlement Feldman 2019 $11K → $11K
WEVA 2020-0383 Settlement Lewis 2020 $11K → $5K
WEVA 2018-0035 Settlement Feldman 2018 $10K → $8K
WEVA 2012-1554 Default Lesnick 2013 $10K → $10K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 5 shows 100% of 2,697 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: 2024-06-17
100%
within 1.5 mg/m3
2,697
samples
4.58
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.
383 samples taken by MSHA inspectors, 2,314 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR884
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)759
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)614

Silica (quartz)

Last sampled: 2024-04-23
5.2
silica avg (%)
137
samples
14.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR53
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)40
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)28

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: 2023-10-12
9%
over PEL
120
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)31
  • CONTINUOUS MINER OPERATOR21
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)21
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
2024 100% 70
2023 100% 185
2022 100% 37
2020 100% 137
2019 100% 557
2018 100% 855
2017 100% 677
2016 100% 6
2013 93% 139
2012 100% 34
Silica (quartz) by year
Year silica avg (%) samples
2024 5.8 4
2023 4.7 13
2022 4.9 3
2020 6.2 6
2019 4.7 28
2018 5.6 41
2017 5.3 34
2016 5.2 1
2013 3.5 4
2012 5.0 3
Noise by year
Year over PEL samples
2023 11% 19
2020 0% 5
2019 0% 5
2018 12% 49
2017 14% 21
2013 0% 14
2012 0% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 5 recorded 8.73 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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.
8.73
total case rate
8.73
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 2.08 cases per 100 workers.
In West Virginia, coal mining averaged 3.92 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
2020 * 8.73 8.73 0.000
2019 6.59 6.59 0.000
2018 7.26 5.28 0.000
2017 3.08 3.08 0.000
2013 1.33 0.00 0.000
2012 * 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. Southern West Virginia Resources LLC 2007 to 2011
  2. CONSOL of Kentucky Inc. 2011 to 2016
  3. Southeastern Land, LLC. 2016 to 2021
  4. Coal-Mac LLC. 2021 to 2022
  5. Selah Corporation 2022 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)
2026 1
2025 0
2024 5 105,380
2023 6 239,818
2022 4 58,071
2021 0
2020 40 76,236
2019 89 493,243
2018 122 1,008,110
2017 80 631,525
2016 11 12,103
2015 1
2014 1 11
2013 59 493,534
2012 21 73,401
2011 7
2008 0
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 5 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
2026 Q2 0 0 0
2026 Q1 12 0 0 0.0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 2,880 0 0 0.0
Show 54 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 2,880 31 1 10763.9
2024 Q1 3,140 9 1 2866.2
2023 Q4 3,876 11 0 2838.0
2023 Q3 2,772 43 6 15512.3
2023 Q2 3,312 43 2 12983.1
2023 Q1 3,233 19 2 5876.9
2022 Q4 2,740 6 0 2189.8
2022 Q3 2,400 7 1 2916.7
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 3 1
2021 Q2 0 0 0
2021 Q1 0 2 0
2020 Q4 0 3 1
2020 Q3 4,348 0 0 0.0
2020 Q2 21,514 32 3 1487.4
2020 Q1 42,869 32 5 746.5
2019 Q4 51,439 65 19 1263.6
2019 Q3 46,186 35 4 757.8
2019 Q2 52,699 24 6 455.4
2019 Q1 61,962 65 11 1049.0
2018 Q4 75,944 53 8 697.9
2018 Q3 69,115 18 2 260.4
2018 Q2 84,135 17 0 202.1
2018 Q1 74,028 30 2 405.3
2017 Q4 71,518 26 1 363.5
2017 Q3 45,706 49 8 1072.1
2017 Q2 46,245 48 4 1038.0
2017 Q1 31,197 15 3 480.8
2016 Q4 6,584 0 0 0.0
2016 Q3 212 0 0 0.0
2016 Q2 623 1 0 1605.1
2016 Q1 623 1 0 1605.1
2015 Q4 630 0 0 0.0
2015 Q3 630 0 0 0.0
2015 Q2 623 0 0 0.0
2015 Q1 617 0 0 0.0
2014 Q4 630 0 0 0.0
2014 Q3 630 2 0 3174.6
2014 Q2 623 0 0 0.0
2014 Q1 616 2 0 3246.8
2013 Q4 30,767 26 2 845.1
2013 Q3 29,375 11 2 374.5
2013 Q2 29,746 10 1 336.2
2013 Q1 60,423 12 1 198.6
2012 Q4 35,093 10 1 285.0
2012 Q3 4,632 12 2 2590.7
2012 Q2 9,117 9 1 987.2
2012 Q1 5,412 9 2 1663.0
2011 Q4 2,521 7 1 2776.7
2011 Q3 411 1 0 2433.1
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

29 on file

2024 · 1 incident

June 18, 2024 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Selah Corporation · Struck by falling object

EMPLOYEE SAID THAT A LOOSE PIECE OF DRAW ROCK, MEASURING 24" X 17" BY 1/2" TO 2", STRUCK THEM IN THE BACK OF HEAD AND NECK AREA.

2023 · 1 incident

August 7, 2023 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Selah Corporation · Caught in, under or between a moving and a stationary object

Close Clearance and not keeping all body parts inside of mantrip. Employee crushed EE's middle and pointer fingers of EE's right hand when EE grabbed the canopy post to reposition self in the mantrip. The mantrip was traveling around a tight corner where clearance is close and the employees right hand was in a pinch point between the canopy post and the coal/rock rib.

2020 · 3 incidents

April 29, 2020 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

Employee was setting timbers in the #2 entry and was picking up a timber and felt a pull in groin area worked for anther hour and said it was burning employee was took outside and went to the ER.

March 30, 2020 WV · Coal continuous miner operator, coal mole operator MACHINERY
Southeastern Land, LLC. · Struck by flying object

Employee was operating miner on 004 section EE was cutting coal in the 7R crosscut EE was cutting the first sump in on the left side loading a shuttle car when a piece of bottom rock 24"x30" flipped out from under the ripper head and struck EE in the lower right leg.

January 16, 2020 WV · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss HANDTOOLS (NONPOWERED)
Southeastern Land, LLC. · Fall to the walkway or working surface

Employee was using a 1/2" ratchet to take out 5/8 bolts on continuous miner ratchet slipped causing EE to fall. Was complaining of lower back hurting. Employee has worked up till 3/24/2020 and EE's back started hurting again.

2019 · 7 incidents

September 7, 2019 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

Employee was building a stopping felt pain in lower back and left leg.

May 15, 2019 WV · Coal electrician, lineman HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

Employee was loading tool box from tool cabinet to the mantrip. Picked up tool box from cabinet and turned around to load on mantrip and felt a sharp pain and burning in lower back.

February 7, 2019 WV · Coal utility man, errand boy, service truck operator POWERED HAULAGE
Southeastern Land, LLC. · Struck against a moving object

Employee was operating a 488 scoop on 003 section hit a hole in the road and jarred lower back.

January 10, 2019 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in pulling or pushing objects

Employee was moving a miner cable out of the roadway while ee was pulling something pulled in right arm.

January 8, 2019 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Southeastern Land, LLC. · Struck by... (Not Elsewhere Classified)

Employee was filling the continuous miner up with oil and when ee was opening up another can hand slipped cutting left index finger. The metal can had a rigid place where ee cut with a knife.

2018 · 11 incidents

November 2, 2018 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in pulling or pushing objects

Employee was changing rollers on the slope belt went to pull old roller out from under the belt and hurt back.

October 26, 2018 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Southeastern Land, LLC. · Struck by... (Not Elsewhere Classified)

Employee was working on 003 section opening a box of rags with a utility knife and cut left thumb. EE received 11 stiches in the thumb.

October 9, 2018 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Southeastern Land, LLC. · Fall to the walkway or working surface

Employee was pulling a curtain across the section to hang and tripped on curtain fell on left hand and sprang thumb

October 5, 2018 WV · Coal stopping builder, ventilation man, mason man, overcast HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in pulling or pushing objects

Employee reached down to grab a hold of a curtain & started pulling it towards the face & felt a pain in stomach. The employee had helped hang a miner cable before moving the curtain. Mine wasn't notified till 10/9/2018

August 27, 2018 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Southeastern Land, LLC. · Caught in, under or between a moving and a stationary object

injured employee was stacking (6x6x36) crib blocks for section tail piece and mashed EE's left pinky finger had to have 6 stitches put in EE's pinky finger.

August 12, 2018 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss SLIP OR FALL OF PERSON
Southeastern Land, LLC. · Over-exertion (Not Elsewhere Classified)

The injured employee was operating a Johnson 4wheeler when EE stopped to get off. EE stepped on lip and twisted the right knee. The injured employee didn't start missing work till 10/2/2018.

July 2, 2018 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

Injured employee pulled a muscle in lower back while lifting a I-beam to set head drive on. Employee didn't start missing work till 7/13/2018.

June 11, 2018 WV · Coal scoop tram operator, load/haul/dump operator STEPPING OR KNEELING ON OBJECT
Southeastern Land, LLC. · Over-exertion (Not Elsewhere Classified)

While making a belt move the injured employee stepped across the low-low and right knee gave out. The belt drive was locked and tagged out at the time of the accident.

April 16, 2018 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

The EE was lifting on a belt rail on the 001 section #4 belt to install belt structure and pulled a muscle in lower back. The accident was reported on the 4/20/2018.The EE started missing on the 4/23/2018.

March 12, 2018 WV · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator HANDTOOLS (NONPOWERED)
Southeastern Land, LLC. · Struck by... (Not Elsewhere Classified)

Was using a hammer and it slipped and hit the employee over the right eye

2017 · 3 incidents

September 14, 2017 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Southeastern Land, LLC. · Fall to the walkway or working surface

Employee was crossing a shuttle car cable when the cable jerked up causing the employee to fall on right arm and head.

August 21, 2017 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

EE carried two five gallon cans of hydraulic oil from power box to the shuttle car. When EE sat them down, EE felt pain in lower right side back and heard popping noise.

June 14, 2017 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Southeastern Land, LLC. · Over-exertion in lifting objects

Picking up a can of hydraulic oil and injured lower part of back

2015 · 2 incidents

November 19, 2015 WV · Coal FALL OF ROOF OR BACK
CONSOL of Kentucky Inc. · Accident type, without injuries

Unintentional roof fall in unused entry. Fall location is 1st West mains inby spad 325. Fall measured approx. 16'W x 70'L x 5.5' high. Area was supported by 48" resin bolt. No injuries, no equipment damaged & ventilation not interrupted. Fall was dangered off. No plan of moving the fall at this time. Time of the fall was approx. Fall was discovered later during day. Inactive mine.

November 18, 2015 WV · Coal FALL OF ROOF OR BACK
CONSOL of Kentucky Inc. · Accident type, without injuries

An unintentional Roof Fall occurred in unused entry. The fall location is 1st West Mains, inby spad 311. The fall measured approximately 19' wide X 20' long X 5' high. Area was supported by 48" resin bolt. There was no injuries, no equipment damaged, and ventilation was not interrupted. Fall was dangered off. There is no plan of moving the fall at this time.

2013 · 1 incident

February 12, 2013 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator MACHINERY
CONSOL of Kentucky Inc. · Struck by flying object

The continues miner was shearing a corner when the cutter head struck a rib bolt breaking the head off and sending it across the mining machine striking ee on his upper lip resulting in a laceration that required 9 sutures.