Mining Incidents

Mine No. 6: 695 MSHA citations Coal

Darty Leasing, Inc. · Underground
Controlled by Billy R Daugherty
Iaeger, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609069

Mine No. 6 has $550K in proposed MSHA penalties and $198K outstanding across 25 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2007–2013
Latest incident
Sep 2013
Compliance record
MSHA citations since 2005
695
citations
159
significant & substantial
$549,591
proposed penalties
$262,773
paid to date
48% of proposed penalties paid to date, a $286,818 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
74
inspections on record
4,803
inspection hours
14.5
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.
695 citations across 4,803 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2014-05-28.
On record since 2014.
Source: MSHA imminent-danger order records, updated weekly.

Mine No. 6 has $550K in proposed MSHA penalties and $198K outstanding across 25 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.
$550K
proposed penalties
$461K
current assessed
$263K
paid to date
$198K
outstanding
676 assessments are final orders; 25 contested dockets.
Of $392K in penalties contested before the Commission, $301K was upheld in final decisions.
As of the most recent assessment on 2015-08-10.
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.
23.0%
significant & substantial
5.4%
high negligence or reckless
23.3%
reasonably likely or greater
28.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.7% none, 28.4% low, 65.5% moderate, 4.9% high, 0.4% 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.
94 citations taken to the federal commission · 14% of citations on record
  • Settled 84 · 89%
  • Stood as issued 9 · 10%
  • Vacated or withdrawn 1 · 1%
79%
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 62 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$392K proposed, $301K 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 2015-11-29.
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 2015-0942 Dismissal Feldman 2016 $104K → $104K
WEVA 2015-1030 Dismissal Feldman 2016 $70K → $70K
WEVA 2011-1905 Settlement Lewis 2012 $47K → $26K
WEVA 2009-318 Settlement Biro 2011 $35K → $13K
WEVA 2014-0879 Settlement Feldman 2015 $29K → $4K
WEVA 2010-801 Settlement Koutras 2012 $24K → $21K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No. 6 shows 96% of 567 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: 2015-11-19, 10 years ago
96%
within 1.5 mg/m3
567
samples
9.51
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.
235 samples taken by MSHA inspectors, 332 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR313
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)59
  • SCOOP CAR OPERATOR26

Silica (quartz)

Last sampled: 2015-08-05, 11 years ago
4.0
silica avg (%)
33
samples
8.3
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR15

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: 2014-11-04, 11 years ago
0%
over PEL
48
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16
  • CONTINUOUS MINER OPERATOR7
  • SCOOP CAR OPERATOR6
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
2015 98% 61
2014 93% 56
2013 97% 61
2012 98% 57
2011 95% 63
2010 93% 60
2009 96% 54
2008 98% 51
2007 91% 43
2006 100% 45
2005 100% 16
Silica (quartz) by year
Year silica avg (%) samples
2015 3.6 6
2014 4.5 5
2013 4.2 1
2011 2.5 3
2010 3.2 5
2009 3.5 6
2008 5.9 4
2007 4.9 3
Noise by year
Year over PEL samples
2014 0% 16
2013 0% 7
2012 0% 5
2010 0% 10
2009 0% 5
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No. 6 recorded 0.00 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.
0.00
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 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 4.93 4.93 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 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. War Eagle Energy Inc 2004 to 2005
  2. Rock N Roll Coal Company Inc 2005 to 2005
  3. Darty Leasing, Inc. 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)
2018 0
2017 0
2016 0
2015 22 44,242
2014 25 52,834
2013 22 48,937
2012 15 42,483
2011 13 36,694
2010 15 46,007
2009 14 42,425
2008 12 44,383
2007 11 33,002
2006 10 41,729
2005 6 16,725
Source: MSHA quarterly employment and production, updated weekly.

Mine No. 6 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
2018 Q3 0 0 0
2018 Q2 0 0 0
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
Show 45 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 7,555 0 0 0.0
2015 Q3 9,417 20 4 2123.8
2015 Q2 10,478 32 12 3054.0
2015 Q1 7,377 49 14 6642.3
2014 Q4 12,652 29 4 2292.1
2014 Q3 11,548 47 14 4070.0
2014 Q2 12,444 44 7 3535.8
2014 Q1 10,344 31 4 2996.9
2013 Q4 11,610 16 2 1378.1
2013 Q3 10,936 11 3 1005.9
2013 Q2 9,444 13 0 1376.5
2013 Q1 8,616 21 5 2437.3
2012 Q4 9,042 15 1 1658.9
2012 Q3 6,872 15 1 2182.8
2012 Q2 6,619 7 2 1057.6
2012 Q1 6,196 9 1 1452.6
2011 Q4 6,096 12 3 1968.5
2011 Q3 5,348 12 4 2243.8
2011 Q2 6,477 9 4 1389.5
2011 Q1 5,477 12 3 2191.0
2010 Q4 7,273 11 4 1512.4
2010 Q3 6,094 15 4 2461.4
2010 Q2 6,990 21 5 3004.3
2010 Q1 6,123 34 10 5552.8
2009 Q4 6,529 35 10 5360.7
2009 Q3 5,847 24 8 4104.7
2009 Q2 6,144 7 0 1139.3
2009 Q1 5,166 4 0 774.3
2008 Q4 5,300 11 2 2075.5
2008 Q3 4,699 16 1 3405.0
2008 Q2 4,457 21 5 4711.7
2008 Q1 3,923 12 1 3058.9
2007 Q3 4,342 2 1 460.6
2007 Q2 5,122 5 2 976.2
2007 Q1 4,622 1 0 216.4
2006 Q4 5,668 15 5 2646.4
2006 Q3 4,338 0 0 0.0
2006 Q2 3,153 8 1 2537.3
2006 Q1 2,296 0 0 0.0
2005 Q4 2,849 11 2 3861.0
2005 Q3 2,354 1 0 424.8
2005 Q2 0 0 0
2005 Q1 1,056 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

2 on file

2013 · 1 incident

September 5, 2013 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Darty Leasing, Inc. · Over-exertion in pulling or pushing objects

The injured person said he took a bar and was prizing area real hard on the ARTS shields to expand them and strained lower back. Then when he started to crawl his back hurt real bad. He came outside.

2007 · 1 incident