Mining Incidents

Mine No 8: 64 MSHA citations Coal

Dingess, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609269

Mine No 8 has $12K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2008–2015
Latest incident
Nov 2015
Compliance record
MSHA citations since 2008
64
citations
25
significant & substantial
$12,487
proposed penalties
$12,487
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2008
17
inspections on record
587
inspection hours
n/a
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.
Rate withheld: 587 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Mine No 8 has $12K in proposed MSHA penalties and $0 outstanding across 1 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.
$12K
proposed penalties
$12K
current assessed
$12K
paid to date
$0
outstanding
64 assessments are final orders; 1 contested dockets.
Of $3K in penalties contested before the Commission, $3K was upheld in final decisions.
As of the most recent assessment on 2011-10-11.
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.
39.1%
significant & substantial
0.0%
high negligence or reckless
39.1%
reasonably likely or greater
6.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.7% low, 95.3% moderate, 0.0% 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.
7 citations taken to the federal commission · 11% of citations on record
  • Stood as issued 7 · 100%
100%
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 5 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$3K proposed, $3K 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 2011-06-23.
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 2011-2031 Dismissal Lesnick 2012 $3K → $3K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mine No 8 shows 86% of 88 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: 2011-06-15, 15 years ago
86%
within 1.5 mg/m3
88
samples
3.33
dust max (mg/m3)
45 samples taken by MSHA inspectors, 43 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR45
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • ROOF BOLTER (SINGLE HEAD)7

Silica (quartz)

Last sampled: 2011-05-04, 15 years ago
6.2
silica avg (%)
2
samples
6.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2

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: 2011-04-27, 15 years ago
0%
over PEL
17
samples
Most-sampled occupations
  • ROOF BOLTER (SINGLE HEAD)4
  • CONTINUOUS MINER OPERATOR3
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
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
2011 85% 59
2009 67% 6
2008 96% 23
Silica (quartz) by year
Year silica avg (%) samples
2011 6.2 1
2008 6.1 1
Noise by year
Year over PEL samples
2011 0% 12
2008 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mine No 8 recorded 24.72 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
24.72
total case rate
14.83
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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.
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. Laurel Creek Co., Inc. 2008 to 2009
  2. Aracoma Coal Company 2009 to 2010
  3. Spartan Mining Company, LLC 2010 to 2017
  4. Lexington Coal Company, LLC 2017 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)
2017 0
2016 0
2015 0
2014 0
2013 0
2012 1
2011 23 109,230
2010 5
2009 5 18,983
2008 27 86,937
Source: MSHA quarterly employment and production, updated weekly.

Mine No 8 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
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
2015 Q4 0 0 0
Show 29 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 448 0 0 0.0
2012 Q2 473 0 0 0.0
2012 Q1 1,150 0 0 0.0
2011 Q4 1,069 1 0 935.5
2011 Q3 3,024 4 1 1322.8
2011 Q2 28,828 26 14 901.9
2011 Q1 7,534 14 5 1858.2
2010 Q4 7,169 0 0 0.0
2010 Q2 0 0 0
2010 Q1 0 0 0
2009 Q4 685 0 0 0.0
2009 Q3 310 1 1 3225.8
2009 Q2 898 0 0 0.0
2009 Q1 9,220 0 0 0.0
2008 Q4 20,541 7 2 340.8
2008 Q3 8,117 9 0 1108.8
2008 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2015 · 2 incidents

November 22, 2015 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
Spartan Mining Company, LLC · Fall to the walkway or working surface

Employee was checking gate at reclamation site. A chain was attached to gate. He tripped on chain and fell. Sprained left ankle.

2011 · 6 incidents

August 4, 2011 WV · Coal FALL OF ROOF OR BACK
Spartan Mining Company, LLC · Accident type, without injuries

An unintentional roof fall was discovered by the miner examiner. Fall measured 19' wide by 5' high by 40' long. Fall is located in the #8 return approx. 2000 feet from the working section between survey spad #'s 355 & 356. This area will not be rehabilitated.

May 12, 2011 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDTOOLS (NONPOWERED)
Spartan Mining Company, LLC · Struck against stationary object

EE was getting metal roof straps from the supply area. He cut the metal band holding the straps together and the end of the band cut his hand. This cut became infected, specialist took EE off work 5/16/2011.

May 10, 2011 WV · Coal pumper SLIP OR FALL OF PERSON
Spartan Mining Company, LLC · Fall to the walkway or working surface

EE had to be using a cutting torch. He had turned off the oxygen and acetylene cylinders was going to get a wrench to remove the air in the hoses to the gage he fell, put his right hand to catch himself resulted in a fractured right wrist.

April 2, 2011 WV · Coal continuous miner operator, coal mole operator MACHINERY
Spartan Mining Company, LLC · Struck by... (Not Elsewhere Classified)

EE was bolting in the #3 heading. As he was putting up pressure to install a bolt, a piece of metal that was welded to the machine broke off and struck him on the right side of his head. No visible injury.

March 4, 2011 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator MACHINERY
Spartan Mining Company, LLC · Absorption of radiations, caustics, toxic and noxious substances

Employee was plastering stoppings using a spray plaster machine. He turned machine on, the relief valve was open and the plaster got into his eyes. His first day away 3/7/2011.

January 18, 2011 WV · Coal electrician, lineman HANDLING OF MATERIALS
Spartan Mining Company, LLC · Struck by falling object

Member was putting door on contactor panel on a Joy 12 12 CM continuous miner. The door slipped and struck his right index finger resulting in a cut and a fracture.

2010 · 1 incident

November 1, 2010 WV · Coal FALL OF ROOF OR BACK
Spartan Mining Company, LLC · Accident type, without injuries

While exploring a mine that had temproarily abandoned and the fan restarted under a exploration plan 4 unplaned roof falls were discovered. At spad #37: Fall measured 16' x 16' x 4'

2008 · 1 incident

October 13, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Laurel Creek Co., Inc. · Fall onto or against objects

EE stepped off back of roof bolter to hang bolter cable. While holding onto the bolter with his hand, it slipped and he fell against a pile of strap, cutting his arm.