Mining Incidents

Mount View No. 1 Mine: 69 MSHA citations Coal

San-West Coal Co., Inc. · Underground
Controlled by Edward A Asbury
Welch, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609159

Mount View No. 1 Mine has $45K in proposed MSHA penalties and $6K outstanding across 9 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2007–2009
Latest incident
Mar 2009
Compliance record
MSHA citations since 2006
69
citations
24
significant & substantial
$45,146
proposed penalties
$19,589
paid to date
43% of proposed penalties paid to date, a $25,557 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
20
inspections on record
590
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: 590 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Mount View No. 1 Mine has $45K in proposed MSHA penalties and $6K outstanding across 9 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.
$45K
proposed penalties
$25K
current assessed
$20K
paid to date
$6K
outstanding
68 assessments are final orders; 9 contested dockets.
Of $39K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2009-02-18.
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.
35.3%
significant & substantial
4.4%
high negligence or reckless
36.8%
reasonably likely or greater
26.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.6% low, 75.0% moderate, 4.4% 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.
23 citations taken to the federal commission · 33% of citations on record
  • Settled 22 · 96%
  • Vacated or withdrawn 1 · 4%
47%
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 15 decided S&S contests · industry: 79%
63%
Penalty reduction in decided contests
$39K proposed, $14K 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 2009-05-07.
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 2009-1363 Settlement Miller 2010 $19K → $4K
WEVA 2008-428 Settlement Barbour 2008 $6K → $2K
WEVA 2009-1154 Settlement Gilbert 2011 $3K → $2K
WEVA 2009-1364 Settlement Gilbert 2011 $3K → $2K
WEVA 2009-1153 Settlement Feldman 2011 $2K → $1K
WEVA 2009-834 Settlement Rae 2011 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mount View No. 1 Mine shows 89% of 130 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: 2009-03-23, 17 years ago
89%
within 1.5 mg/m3
130
samples
12.50
dust max (mg/m3)
55 samples taken by MSHA inspectors, 75 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR75
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)16
  • ROOF BOLTER (SINGLE HEAD)8

Silica (quartz)

Last sampled: 2008-12-24, 17 years ago
8.9
silica avg (%)
3
samples
18.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR3

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: 2008-03-04, 18 years ago
0%
over PEL
6
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2
  • TIMBERMAN2
  • CONTINUOUS MINER OPERATOR1
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
2009 100% 15
2008 100% 59
2007 76% 42
2006 71% 14
Silica (quartz) by year
Year silica avg (%) samples
2008 12.4 2
2006 1.7 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mount View No. 1 Mine recorded 6.37 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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.
6.37
total case rate
6.37
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 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
2008 * 6.37 6.37 0.000
2007 * 19.69 19.69 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. San-West Coal Co., Inc. 2006 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)
2009 15 9,536
2008 15 38,086
2007 12 43,644
2006 6 15,574
Source: MSHA quarterly employment and production, updated weekly.

Mount View No. 1 Mine 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
2009 Q2 2,652 0 0 0.0
2009 Q1 7,934 18 5 2268.7
2008 Q4 9,566 7 1 731.8
2008 Q3 7,690 4 2 520.2
2008 Q2 7,630 8 1 1048.5
2008 Q1 6,530 3 1 459.4
2007 Q4 6,565 12 4 1827.9
2007 Q3 3,900 8 5 2051.3
Show 4 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q2 4,204 1 0 237.9
2007 Q1 5,645 3 1 531.4
2006 Q4 4,099 1 1 244.0
2006 Q3 582 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

5 on file

2009 · 1 incident

March 20, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
San-West Coal Co., Inc. · Struck by falling object

Employee was bolting top when a piece of draw rock fell out between roof bolts and struck employee on the back. Rock measured approx. 3' x 5' x 1-8".

2008 · 1 incident

June 17, 2008 WV · Coal continuous miner helper, coal mole helper, bridgeman MACHINERY
San-West Coal Co., Inc. · Caught in, under or between a moving and a stationary object

EE was helping move a 245LN miner, when he reached for the cable, he put his left hand on the cable standoff when the back of the moner came up and caught his arm between the roof and the frame of the miner fracturing his left arm near his wrist.

2007 · 3 incidents

March 7, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
San-West Coal Co., Inc. · Struck by falling object

He was jacking up a coal feeder when it slipped off the blocks striking his left foot. Broke his ankle.

January 30, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
San-West Coal Co., Inc. · Struck by flying object

Employee was putting a breaker in at the surface power center when something flew into and struck his eye.

January 10, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
San-West Coal Co., Inc. · Caught in, under or between a moving and a stationary object

Employee got out of his truck to talk to another driver. The truck he got out of started drifting. The employee jumped on the side of the cab of the truck and was partially inside the cab. This truck rolled alongside of another parked truck pinning his right leg between the door and the cab.