Mining Incidents

MT-34/Peg Fork: 144 MSHA citations Coal

Controlled by CONSOL Energy Inc
Nolan, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609035

MT-34/Peg Fork has $63K in proposed MSHA penalties and $4K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
2005–2013
Latest incident
Oct 2013
Compliance record
MSHA citations since 2005
144
citations
100
significant & substantial
$63,172
proposed penalties
$51,402
paid to date
81% of proposed penalties paid to date, a $11,770 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
34
inspections on record
1,728
inspection hours
8.3
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.
144 citations across 1,728 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: 2011-01-11.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

MT-34/Peg Fork has $63K in proposed MSHA penalties and $4K outstanding across 6 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.
$63K
proposed penalties
$55K
current assessed
$51K
paid to date
$4K
outstanding
142 assessments are final orders; 6 contested dockets.
Of $21K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2013-08-05.
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.
70.4%
significant & substantial
1.4%
high negligence or reckless
70.4%
reasonably likely or greater
61.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 45.1% low, 53.5% moderate, 1.4% 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.
14 citations taken to the federal commission · 10% of citations on record
  • Settled 14 · 100%
50%
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 14 decided S&S contests · industry: 79%
38%
Penalty reduction in decided contests
$21K proposed, $13K 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 2013-04-05.
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 2013-755 Settlement Barbour 2014 $11K → $7K
WEVA 2012-536 Settlement Miller 2013 $5K → $4K
WEVA 2012-1705 Settlement Miller 2013 $1K → $896
WEVA 2005-102 Settlement Melick 2005 $888 → $710
WEVA 2011-331 Settlement Andrews 2012 $807 → $181
WEVA 2013-640 Settlement Miller 2013 $807 → $565
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at MT-34/Peg Fork shows 98% of 65 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: 2013-01-15, 13 years ago
98%
within 1.5 mg/m3
65
samples
3.38
dust max (mg/m3)
51 samples taken by MSHA inspectors, 14 by the operator.
Most-sampled occupations
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE23
  • BULLDOZER OPERATOR21
  • HIGHLIFT OPERATOR/FRONT END LOADER11

Silica (quartz)

Last sampled: 2011-01-19, 15 years ago
23.2
silica avg (%)
5
samples
45.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE1

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: 2011-11-14, 14 years ago
0%
over PEL
19
samples
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE5
  • HIGHLIFT OPERATOR/FRONT END LOADER4
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
2013 100% 5
2012 100% 6
2011 95% 22
2010 100% 5
2009 100% 5
2006 100% 8
2005 100% 14
Silica (quartz) by year
Year silica avg (%) samples
2011 37.3 1
2005 19.7 4
Noise by year
Year over PEL samples
2011 0% 10
2010 0% 4
2005 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

MT-34/Peg Fork recorded 20.74 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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.
20.74
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In West Virginia, coal mining averaged 4.56 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
2013 * 20.74 0.00 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
2007 * 0.00 0.00 0.000
2006 2.77 1.38 0.000
2005 3.09 3.09 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. Miller Bros. Coal Inc. 2004 to 2005
  2. Miller Bros Coal LLC 2005 to 2006
  3. CONSOL of Kentucky Inc. 2007 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)
2016 0
2015 0
2014 0
2013 17 316,437
2012 47 793,229
2011 46 763,899
2010 48 560,291
2009 16 175,664
2008 2 8,532
2007 29 332,940
2006 58 707,929
2005 50 846,478
2004 28 218,670
Source: MSHA quarterly employment and production, updated weekly.

MT-34/Peg Fork 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
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
Show 41 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 883 0 0 0.0
2013 Q3 1,193 1 0 838.2
2013 Q2 8,714 0 0 0.0
2013 Q1 27,785 3 2 108.0
2012 Q4 26,103 1 1 38.3
2012 Q3 27,731 2 0 72.1
2012 Q2 29,241 8 1 273.6
2012 Q1 31,389 0 0 0.0
2011 Q4 30,168 10 5 331.5
2011 Q3 29,487 0 0 0.0
2011 Q2 28,951 9 2 310.9
2011 Q1 31,958 5 2 156.5
2010 Q4 30,208 0 0 0.0
2010 Q3 30,413 5 5 164.4
2010 Q2 31,905 0 0 0.0
2010 Q1 31,697 0 0 0.0
2009 Q4 27,003 5 5 185.2
2009 Q3 8,234 0 0 0.0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 320 0 0 0.0
2008 Q1 1,998 0 0 0.0
2007 Q4 13,699 0 0 0.0
2007 Q3 19,247 2 2 103.9
2007 Q2 20,654 0 0 0.0
2007 Q1 16,304 0 0 0.0
2006 Q4 36,033 0 0 0.0
2006 Q3 34,935 0 0 0.0
2006 Q2 37,378 0 0 0.0
2006 Q1 36,200 1 1 27.6
2005 Q4 36,751 0 0 0.0
2005 Q3 30,194 5 5 165.6
2005 Q2 31,173 1 1 32.1
2005 Q1 31,227 7 7 224.2
2004 Q4 28,167 0 0 0.0
2004 Q3 11,895 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

11 on file

2013 · 4 incidents

October 7, 2013 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
CONSOL of Kentucky Inc. · (Not Elsewhere Classified)

Company was notified that ee was granted an award of 2.5% for permanent impairment resulting from noise induced hearing loss

July 16, 2013 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
CONSOL of Kentucky Inc. · (Not Elsewhere Classified)

Company was notified that employee was granted an award of 9.2% for permanent impairment resulting from noise induced hearing loss.

July 16, 2013 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer DISORDERS (REPEATED TRAUMA)
CONSOL of Kentucky Inc. · (Not Elsewhere Classified)

Company was notified that employee was granted an award of 15.67% for permanent impairment resulting from noise induced hearing loss.

July 9, 2013 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver DISORDERS (REPEATED TRAUMA)
CONSOL of Kentucky Inc. · (Not Elsewhere Classified)

Company was notified that EE was granted an award of 6.7% for permanent impairment resulting from noise-induced hearing loss.

2012 · 2 incidents

October 4, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
CONSOL of Kentucky Inc. · Contact with hot objects or substances

While welding rock guards on a new truck bed, weld splattered & burned left forearm & elbow.

August 13, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
CONSOL of Kentucky Inc. · Struck by... (Not Elsewhere Classified)

AIR BLEW DEBRIS IN RIGHT EYE. HE COULDN'T WASH IT OUT. CORNEAL ABRASION TO RIGHT EYE. FOREIGN BODY REMOVED. RX GIVEN

2006 · 3 incidents

July 13, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Miller Bros Coal LLC · Struck by... (Not Elsewhere Classified)

Employee was using a hammer to drive a ball stud in to a cylinder on a 9777D when his hammer glanced off of a hydraulic hose causing him to hit his hand. Puncture would between thumb & point finger on left hand. Employee received 5 stitches. Ret'd to work next day.

May 11, 2006 WV · Coal grader operator, roadgrader operator SLIP OR FALL OF PERSON
Miller Bros Coal LLC · Fall from machine

Employee stepped out of grader onto the grader tire. Tire was wet and muddy. Employee slipped and fell to the ground.

January 20, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Miller Bros Coal LLC · Caught in, under or between (Not Elsewhere Classified)

While loading metal on bed of service truck he mashed his thumb between metal and bed.

2005 · 2 incidents

April 25, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Miller Bros. Coal Inc. · Fall from machine

Employee was cleaning the windows and he was climbing around dozer on the track to clean back window when ee slipped and fell hurting his right knee cap.

February 26, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Miller Bros. Coal Inc. · Struck by... (Not Elsewhere Classified)

Employee was trying to remove the bead seat from the tire with port-a-power tools when one of them slipped loose striking ee's little finger.