Mining Incidents

Mountain Fork No 2: 417 MSHA citations Coal

C & A Coal Company · Underground
Controlled by Edward A Asbury
Newhall, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609100

Mountain Fork No 2 has $355K in proposed MSHA penalties and $109 outstanding across 38 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
10
Years on record
2006–2012
Latest incident
Dec 2012
Compliance record
MSHA citations since 2005
417
citations
112
significant & substantial
$354,829
proposed penalties
$237,154
paid to date
67% of proposed penalties paid to date, a $117,675 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
81
inspections on record
3,449
inspection hours
12.1
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.
417 citations across 3,449 inspection hours.
Source: MSHA inspections data, updated weekly.

Mountain Fork No 2 has $355K in proposed MSHA penalties and $109 outstanding across 38 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.
$355K
proposed penalties
$237K
current assessed
$237K
paid to date
$109
outstanding
409 assessments are final orders; 38 contested dockets.
Of $393K in penalties contested before the Commission, $194K was upheld in final decisions.
As of the most recent assessment on 2018-01-17.
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.
27.4%
significant & substantial
7.8%
high negligence or reckless
28.1%
reasonably likely or greater
34.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 26.9% low, 65.0% moderate, 7.6% high, 0.2% 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.
179 citations taken to the federal commission · 43% of citations on record
  • Settled 176 · 98%
  • Vacated or withdrawn 3 · 2%
76%
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 107 decided S&S contests · industry: 79%
51%
Penalty reduction in decided contests
$393K proposed, $194K 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 2016-09-21.
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 2012-59 Settlement Paez 2014 $146K → $45K
WEVA 2012-1483 Settlement Paez 2013 $36K → $22K
WEVA 2014-0928 Settlement Lesnick 2015 $26K → $18K
WEVA 2012-1719 Settlement Paez 2013 $20K → $8K
WEVA 2016-0618 Settlement Bulluck 2017 $19K → $11K
WEVA 2009-992 Settlement Paez 2011 $17K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Mountain Fork No 2 shows 94% of 417 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: 2016-05-04, 10 years ago
94%
within 1.5 mg/m3
417
samples
9.54
dust max (mg/m3)
0
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.
203 samples taken by MSHA inspectors, 214 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR217
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)58
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)25

Silica (quartz)

Last sampled: 2016-05-16, 10 years ago
4.4
silica avg (%)
15
samples
8.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR13
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)2

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: 2015-12-01, 10 years ago
2%
over PEL
58
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)18
  • CONTINUOUS MINER OPERATOR8
  • ROOF BOLTER (SINGLE HEAD)6
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
2016 100% 12
2015 100% 66
2014 90% 60
2013 94% 34
2012 98% 47
2011 89% 54
2010 95% 42
2009 94% 16
2008 100% 28
2006 94% 47
2005 82% 11
Silica (quartz) by year
Year silica avg (%) samples
2016 3.4 2
2015 6.4 6
2014 4.1 1
2011 1.0 1
2009 1.9 1
2008 3.2 1
2006 4.5 2
2005 2.5 1
Noise by year
Year over PEL samples
2015 0% 17
2014 0% 10
2011 0% 5
2010 0% 9
2008 8% 12
2006 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Mountain Fork No 2 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 * 0.00 0.00 0.000
2012 * 8.45 0.00 0.000
2011 * 10.19 6.80 0.000
2010 * 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. C & A Coal Company 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)
2025 0
2024 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 0
2017 0
2016 6 11,321
2015 12 33,463
2014 11 80,213
2013 13 49,303
2012 24 108,729
2011 31 108,951
2010 20 81,370
2009 11 16,187
2008 9 31,161
2007 0
2006 11 106,259
2005 6 11,182
Source: MSHA quarterly employment and production, updated weekly.

Mountain Fork No 2 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
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
2024 Q2 0 0 0
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
Show 72 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 2 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 2 0
2016 Q3 0 3 0
2016 Q2 3,082 7 3 2271.3
2016 Q1 4,011 4 1 997.3
2015 Q4 5,737 8 1 1394.5
2015 Q3 6,566 10 3 1523.0
2015 Q2 4,356 9 1 2066.1
2015 Q1 4,548 7 0 1539.1
2014 Q4 5,268 9 2 1708.4
2014 Q3 6,285 6 1 954.7
2014 Q2 4,602 12 2 2607.6
2014 Q1 5,465 40 5 7319.3
2013 Q4 1,346 2 0 1485.9
2013 Q3 304 0 0 0.0
2013 Q2 8,185 8 3 977.4
2013 Q1 10,485 11 1 1049.1
2012 Q4 10,378 18 3 1734.4
2012 Q3 4,326 2 0 462.3
2012 Q2 15,377 24 5 1560.8
2012 Q1 17,283 22 9 1272.9
2011 Q4 15,220 16 6 1051.2
2011 Q3 13,638 3 2 220.0
2011 Q2 17,624 8 3 453.9
2011 Q1 12,374 18 7 1454.7
2010 Q4 16,536 22 10 1330.4
2010 Q3 12,043 32 16 2657.1
2010 Q2 7,020 21 7 2991.5
2010 Q1 0 0 0
2009 Q4 5,397 0 0 0.0
2009 Q3 1,703 0 0 0.0
2009 Q2 3,668 1 0 272.6
2009 Q1 7,078 29 3 4097.2
2008 Q4 8,715 12 6 1376.9
2008 Q3 4,900 31 9 6326.5
2008 Q2 0 0 0
2008 Q1 0 5 0
2007 Q4 0 0 0
2007 Q3 0 0 0
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 5,536 0 0 0.0
2006 Q3 4,199 1 0 238.2
2006 Q2 4,385 7 2 1596.4
2006 Q1 3,340 3 0 898.2
2005 Q4 5,888 1 0 169.8
2005 Q3 1,092 0 0 0.0
2005 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

10 on file

2012 · 3 incidents

December 3, 2012 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
C & A Coal Company · Caught in, under or between (Not Elsewhere Classified)

While shutting air lock door, the hinge broke resulting in the employee mashing his two fingers on his left hand

November 9, 2012 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
C & A Coal Company · Bodily reaction, (Not Elsewhere Classified)

WHEN TURNING AROUND IN SHUTTLE CAR SEAT, EMPLOYEE PULLED GROIN AREA

January 22, 2012 WV · Coal FALL OF ROOF OR BACK
C & A Coal Company · Accident type, without injuries

A roof fall measuring approximately 8'x18'x12' occurred during an idle shift. The fall was located in the No. 2 to No. 1 crosscut. 1 Crosscut inby spad No. 362. *The fall was discovered during the pre-shift exam on 1-23-12.

2011 · 3 incidents

May 31, 2011 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
C & A Coal Company · Over-exertion in pulling or pushing objects

Pulling miner cable, felt pain in back and left knee

April 7, 2011 WV · Coal wireman, communications man POWERED HAULAGE
C & A Coal Company · Fall from machine

Employee assisting to unload roof bolts off a flatbed truck from Fairmont Supply Company. Employee gave truck operator signal to lift, and unexpectedly the arm of boom swung out striking employee and knocking him off the truck. Causing injury to ankle and wrist.

2010 · 1 incident

August 27, 2010 WV · Coal FALL OF ROOF OR BACK
C & A Coal Company · Accident type, without injuries

A roof fall measuring 18' x 20' x 5' occurred 500' outby the No.1 face near spad No.399. *The fall will not be cleaned up.

2009 · 2 incidents

September 8, 2009 WV · Coal inspector FALLING/SLIDING/ROLLING MATERIALS
C & A Coal Company · Struck by falling object

The state mine inspector was sitting in a chair next to a file cabinet in mine office starting the inspection, when the office door bumped file cabinet causing some parts to a Donaldson Roofbolter to fall, striking inspector on top of the head.

January 6, 2009 WV · Coal FALL OF ROOF OR BACK
C & A Coal Company · Accident type, without injuries

A roof fall measuring approximately 20' x 30' x 15' occurred 1 x-cut outby spad #149 between the #3 & #4 entry. This fall is approximately 40 x-cuts outby the active section in an area where men are not required to work or travel. The fall area has been dangered off and will not be cleaned up.

2006 · 1 incident

August 25, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
C & A Coal Company · Caught in, under or between a moving and a stationary object

The bolter operator was running the machine and when EE reached up to twist the roof bolt plate, his pinky finger on the right hand got caught under the plate, smashing the end of his finger from the back of the nail to the end of the finger.