Mining Incidents

MT-11 Surface Mine: 130 MSHA citations Coal

Nolan, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609138

MT-11 Surface Mine has $74K in proposed MSHA penalties and $101 outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2007–2010
Latest incident
Aug 2010
Compliance record
MSHA citations since 2006
130
citations
69
significant & substantial
$74,410
proposed penalties
$60,621
paid to date
81% of proposed penalties paid to date, a $13,789 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
16
inspections on record
952
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: 952 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

MT-11 Surface Mine has $74K in proposed MSHA penalties and $101 outstanding across 13 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.
$74K
proposed penalties
$61K
current assessed
$61K
paid to date
$101
outstanding
129 assessments are final orders; 13 contested dockets.
Of $60K in penalties contested before the Commission, $42K was upheld in final decisions.
As of the most recent assessment on 2011-02-14.
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.
53.5%
significant & substantial
2.3%
high negligence or reckless
55.0%
reasonably likely or greater
46.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 41.1% low, 56.6% moderate, 2.3% 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.
88 citations taken to the federal commission · 68% of citations on record
  • Settled 85 · 97%
  • Stood as issued 3 · 3%
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%
31%
Penalty reduction in decided contests
$60K proposed, $42K 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 2011-04-14.
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 2010-922 Dismissal Tureck 2011 $10K → $6K
WEVA 2010-783 Settlement Andrews 2012 $9K → $6K
WEVA 2010-1992 Settlement Lesnick 2013 $8K → $6K
WEVA 2010-34 Settlement Rae 2013 $7K → $6K
WEVA 2008-1839 Settlement Paez 2009 $7K → $4K
WEVA 2009-1360 Settlement Lesnick 2010 $5K → $4K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at MT-11 Surface Mine shows 100% of 46 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: 2011-02-14, 15 years ago
100%
within 1.5 mg/m3
46
samples
0.76
dust max (mg/m3)
46 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE15
  • BULLDOZER OPERATOR11
  • HIGHLIFT OPERATOR/FRONT END LOADER10

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: 2011-02-16, 15 years ago
19%
over PEL
36
samples
Most-sampled occupations
  • BULLDOZER OPERATOR12
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE11
  • HIGHLIFT OPERATOR/FRONT END LOADER5
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 100% 5
2010 100% 10
2009 100% 10
2008 100% 10
2007 100% 5
2006 100% 6
Noise by year
Year over PEL samples
2011 0% 5
2010 0% 4
2009 0% 5
2008 0% 5
2006 41% 17
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

MT-11 Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
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 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 cases per 100 workers that year.
Year total case rate days-away fatal
2010 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 4.12 2.06 0.000
2007 * 9.11 9.11 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. Consol of Kentucky Inc 2005 to 2008
  2. Miller Bros Coal LLC 2006 to 2007
  3. Eagle Creek Mining LLC 2008 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)
2011 17 78,256
2010 39 682,289
2009 37 635,004
2008 39 697,607
2007 10 57,793
2006 24 230,462
Source: MSHA quarterly employment and production, updated weekly.

MT-11 Surface Mine 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
2011 Q1 10,059 5 2 497.1
2010 Q4 23,038 0 0 0.0
2010 Q3 26,902 16 10 594.8
2010 Q2 24,748 0 0 0.0
2010 Q1 25,749 14 9 543.7
2009 Q4 16,032 0 0 0.0
2009 Q3 21,212 15 8 707.1
2009 Q2 28,373 0 0 0.0
Show 12 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q1 27,195 12 4 441.3
2008 Q4 26,480 0 0 0.0
2008 Q3 26,008 0 0 0.0
2008 Q2 21,270 18 10 846.3
2008 Q1 23,248 2 1 86.0
2007 Q4 10,927 0 0 0.0
2007 Q3 7,022 4 4 569.6
2007 Q2 3,991 0 0 0.0
2007 Q1 8 6 5 750000.0
2006 Q4 20,012 0 0 0.0
2006 Q3 18,827 3 0 159.3
2006 Q2 9,661 2 0 207.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2010 · 1 incident

August 27, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Eagle Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Cleaning out front idler, hit finger with slate bar.

2009 · 1 incident

August 12, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Eagle Creek Mining LLC · Struck by falling object

EMPLOYEE WAS INSTALLING BELLY PAN WHEN CHAIN SLIPPED. THE BELLY PAN MASHED HIS THUMB.

2008 · 3 incidents

August 22, 2008 WV · Coal welder (shop) MACHINERY
Eagle Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Using a hand grinder and it kicked back and struck him on his arm, 3" above his elbow. Laceration is 3" long. Did not cut into muscle.

May 12, 2008 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Eagle Creek Mining LLC · Fall from machine

Climbing off of left side of 992G Loader and fell from steps.

February 4, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Consol of Kentucky Inc · Struck by flying object

Employee was removing a tooth from a 988 loader bucket using an 8lb hammer knocking tooth from side to side when a sliver of metal broke away from tooth striking employee on his left leg front thigh area. Foreign body was removed from employee.

2007 · 1 incident

March 1, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Miller Bros Coal LLC · Struck by falling object

EE was operating a D-11 dozer, when a rock fell out of the wall, breaking the window out of his dozer and hit him on his left shoulder.