Mining Incidents

No 1: 1,535 MSHA citations Coal

Controlled by Edward A Asbury
Welch, Mcdowell County, WV  ·  Active
MSHA Mine ID: 4607366

No 1 has $727K in proposed MSHA penalties and $56K outstanding across 89 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
11
Years on record
1988–2025
Latest incident
Oct 2025
Compliance record
MSHA citations since 2000
1,535
citations
347
significant & substantial
$727,396
proposed penalties
$400,649
paid to date
55% of proposed penalties paid to date, a $326,747 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
202
inspections on record
10,075
inspection hours
15.2
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.
1,535 citations across 10,075 inspection hours.
Source: MSHA inspections data, updated weekly.

No 1 has $727K in proposed MSHA penalties and $56K outstanding across 89 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.
$727K
proposed penalties
$456K
current assessed
$401K
paid to date
$56K
outstanding
1,502 assessments are final orders; 89 contested dockets.
Of $575K in penalties contested before the Commission, $296K was upheld in final decisions.
As of the most recent assessment on 2026-04-30.
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.
22.8%
significant & substantial
4.1%
high negligence or reckless
22.8%
reasonably likely or greater
29.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.6% none, 42.3% low, 52.9% moderate, 4.1% 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.
563 citations taken to the federal commission · 37% of citations on record
  • Settled 520 · 92%
  • Stood as issued 21 · 4%
  • Vacated or withdrawn 6 · 1%
  • Still open 16 · 3%
82%
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 228 decided S&S contests · industry: 79%
49%
Penalty reduction in decided contests
$575K proposed, $296K 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 2026-04-07.
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 2011-1672 Settlement Harner 2014 $63K → $12K
WEVA 2025-0278 Settlement Bulluck 2025 $48K → $14K
WEVA 2020-0499 Settlement Rae 2020 $29K → $17K
WEVA 2023-0436 Settlement Young 2024 $25K → $6K
WEVA 2009-432 Settlement Melick 2011 $21K → $11K
WEVA 2021-0297 Settlement Sullivan 2021 $21K → $14K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 1 shows 98% of 2,483 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: 2026-01-14
98%
within 1.5 mg/m3
2,483
samples
10.48
dust max (mg/m3)
8
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.
607 samples taken by MSHA inspectors, 1,876 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR924
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)406
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)242

Silica (quartz)

Last sampled: 2025-12-11
9.6
silica avg (%)
138
samples
37.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR65
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)23
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)17

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: 2025-12-04
5%
over PEL
142
samples
Most-sampled occupations
  • TRACTOR OPERATOR/MOTORMAN32
  • CONTINUOUS MINER OPERATOR23
  • SCOOP CAR OPERATOR13
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
2026 100% 6
2025 100% 76
2024 98% 184
2023 100% 231
2022 99% 97
2021 99% 178
2020 100% 100
2019 99% 209
2018 100% 234
2017 100% 249
2016 100% 144
2015 98% 42
2013 93% 29
2012 93% 54
2011 94% 64
2010 89% 19
2009 95% 22
2008 94% 71
2007 96% 53
2006 100% 45
2005 97% 66
2004 95% 65
2003 95% 41
2002 98% 55
2001 89% 74
2000 91% 75
Silica (quartz) by year
Year silica avg (%) samples
2025 8.5 8
2024 6.0 8
2023 6.6 10
2022 6.2 11
2021 5.7 11
2020 6.6 6
2019 9.2 10
2018 8.4 9
2017 5.6 7
2016 18.7 3
2015 11.0 1
2012 20.4 1
2011 17.8 3
2010 16.2 1
2009 37.0 2
2008 11.0 5
2007 17.7 4
2006 14.9 2
2005 7.4 5
2004 7.2 5
2003 9.4 5
2002 11.0 5
2001 16.5 9
2000 7.6 7
Noise by year
Year over PEL samples
2025 0% 14
2024 0% 6
2023 33% 12
2022 0% 7
2021 0% 12
2020 0% 3
2019 0% 10
2017 14% 7
2016 0% 6
2015 0% 16
2012 0% 4
2011 0% 9
2010 0% 1
2009 0% 1
2008 0% 13
2005 0% 5
2004 0% 5
2003 17% 6
2000 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 1 recorded 9.60 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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.
9.60
total case rate
9.60
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 9.60 9.60 0.000
2024 * 0.00 0.00 0.000
2023 * 5.15 5.15 0.000
2022 * 0.00 0.00 0.000
2021 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2017 * 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. Phil-Matt Mining Company Inc 1987 to 1999
  2. Blue Haven Energy Inc 1999 to 2004
  3. Ruscat Enterprises, Inc. 2004 to 2010
  4. Sally Ann Coal Company Inc 2010 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)
2026 6 1,106
2025 12 9,247
2024 14 20,397
2023 15 18,692
2022 13 19,345
2021 11 16,501
2020 11 11,066
2019 14 39,478
2018 14 29,355
2017 15 46,628
2016 15 38,399
2015 11 25,139
2014 0
2013 7 18,867
2012 14 38,225
2011 14 36,360
2010 9 17,995
2009 8 15,781
2008 16 55,139
2007 21 79,289
2006 20 72,008
2005 20 80,706
2004 21 88,375
2003 9 35,313
2002 17 53,521
2001 17 56,700
2000 13 94,221
Source: MSHA quarterly employment and production, updated weekly.

No 1 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
2026 Q2 1,440 6 1 4166.7
2026 Q1 2,415 34 5 14078.7
2025 Q4 6,557 43 12 6557.9
2025 Q3 6,014 33 4 5487.2
2025 Q2 3,083 15 2 4865.4
2025 Q1 5,182 31 3 5982.2
2024 Q4 7,921 19 2 2398.7
2024 Q3 7,389 18 0 2436.1
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 7,989 21 3 2628.6
2024 Q1 9,833 31 4 3152.6
2023 Q4 9,767 31 7 3174.0
2023 Q3 8,943 36 6 4025.5
2023 Q2 9,875 26 6 2632.9
2023 Q1 10,272 11 0 1070.9
2022 Q4 8,927 13 0 1456.3
2022 Q3 8,167 19 2 2326.4
2022 Q2 8,875 16 4 1802.8
2022 Q1 6,737 25 2 3710.9
2021 Q4 6,439 34 2 5280.3
2021 Q3 7,137 22 1 3082.5
2021 Q2 7,070 27 4 3819.0
2021 Q1 5,338 35 6 6556.8
2020 Q4 407 0 0 0.0
2020 Q3 354 0 0 0.0
2020 Q2 8,137 26 7 3195.3
2020 Q1 8,130 28 2 3444.0
2019 Q4 9,688 31 5 3199.8
2019 Q3 9,741 9 0 923.9
2019 Q2 9,063 18 7 1986.1
2019 Q1 8,776 27 3 3076.6
2018 Q4 8,443 19 1 2250.4
2018 Q3 8,133 35 6 4303.5
2018 Q2 9,395 15 1 1596.6
2018 Q1 10,726 26 6 2424.0
2017 Q4 10,385 18 6 1733.3
2017 Q3 9,707 15 5 1545.3
2017 Q2 10,183 39 4 3829.9
2017 Q1 10,085 18 6 1784.8
2016 Q4 8,036 33 5 4106.5
2016 Q3 9,618 25 4 2599.3
2016 Q2 6,685 1 0 149.6
2016 Q1 3,268 3 0 918.0
2015 Q4 5,908 10 1 1692.6
2015 Q3 6,978 13 2 1863.0
2015 Q2 7,160 13 3 1815.6
2015 Q1 6,877 1 0 145.4
2014 Q4 0 2 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 645 1 1 1550.4
2013 Q2 7,179 13 4 1810.8
2013 Q1 6,489 7 0 1078.7
2012 Q4 7,425 17 3 2289.6
2012 Q3 6,600 17 5 2575.8
2012 Q2 6,978 14 11 2006.3
2012 Q1 8,757 6 0 685.2
2011 Q4 7,867 24 13 3050.7
2011 Q3 8,225 4 0 486.3
2011 Q2 8,256 5 0 605.6
2011 Q1 7,194 9 1 1251.0
2010 Q4 13,925 7 4 502.7
2010 Q3 5,721 36 6 6292.6
2010 Q2 1,564 0 0 0.0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q3 0 0 0
2009 Q2 6,444 1 0 155.2
2009 Q1 9,714 22 9 2264.8
2008 Q4 8,405 37 9 4402.1
2008 Q3 8,026 17 16 2118.1
2008 Q2 10,454 6 0 573.9
2008 Q1 11,977 22 7 1836.9
2007 Q4 11,439 5 2 437.1
2007 Q3 18,896 24 5 1270.1
2007 Q2 12,661 4 1 315.9
2007 Q1 12,928 1 0 77.4
2006 Q4 12,190 0 0 0.0
2006 Q3 12,492 12 4 960.6
2006 Q2 13,258 5 1 377.1
2006 Q1 11,649 12 2 1030.1
2005 Q4 12,975 16 1 1233.1
2005 Q3 11,807 1 1 84.7
2005 Q2 12,923 11 5 851.2
2005 Q1 13,235 12 3 906.7
2004 Q4 13,705 2 0 145.9
2004 Q3 13,108 7 4 534.0
2004 Q2 12,061 9 4 746.2
2004 Q1 11,763 9 3 765.1
2003 Q4 8,090 6 1 741.7
2003 Q3 5,912 9 2 1522.3
2003 Q2 4,295 6 5 1397.0
2003 Q1 0 0 0
2002 Q4 1,553 0 0 0.0
2002 Q3 7,099 4 0 563.5
2002 Q2 11,180 10 3 894.5
2002 Q1 10,952 3 0 273.9
2001 Q4 10,380 12 7 1156.1
2001 Q3 9,079 34 17 3744.9
2001 Q2 7,394 22 10 2975.4
2001 Q1 9,629 18 9 1869.4
2000 Q4 8,902 21 8 2359.0
2000 Q3 8,885 5 1 562.7
2000 Q2 9,159 2 0 218.4
2000 Q1 6,325 1 0 158.1
No fatalities recorded at this mine.

Reportable incidents

11 on file

2025 · 1 incident

October 28, 2025 WV · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Sally Ann Coal Company Inc · Over-exertion in lifting objects

Employee stated that while lifting a bag of rock dust, they felt a pain in their lower belly. Work location: Surface supply yard.

2023 · 1 incident

April 5, 2023 WV · Coal scoop tram operator, load/haul/dump operator POWERED HAULAGE
Sally Ann Coal Company Inc · Caught in, under or between running or meshing objects

Employee was operating a scoop when the scoop slid sideways. The operator's deck on the scoop slid under a braw, the employee was pushed down in the operator's deck by the braw.

2016 · 1 incident

December 28, 2016 WV · Coal outside foreman, leadman SLIP OR FALL OF PERSON
Sally Ann Coal Company Inc · Fall to the walkway or working surface

Employee had just returned to the surface and while standing in the parking lot, employee felt a sharp pain in employee's right knee, employee stated - employee's leg "gave out", causing employee to fall to the ground.

2013 · 1 incident

February 7, 2013 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Sally Ann Coal Company Inc · Struck by falling object

Employee was unloading timbers when a timber fell and struck employee on the right wrist.

2010 · 1 incident

December 28, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Sally Ann Coal Company Inc · Struck by... (Not Elsewhere Classified)

Employee was helping to make a belt splice, when he knuckled the clamp off the crossbar came back and struck employee on the head.

2008 · 1 incident

September 6, 2008 WV · Coal continuous miner operator, coal mole operator POWERED HAULAGE
Ruscat Enterprises, Inc. · Struck against stationary object

Employee was operating rubber tired man trip when he apparently struck a rock in the roadway causing the steering wheel to jerk.

2006 · 2 incidents

November 2, 2006 WV · Coal FALL OF ROOF OR BACK
Ruscat Enterprises, Inc. · Accident type, without injuries

Roof fall occurred between 4 p.m. 11/1/06 & 7 a.m. 11/2/06, #1 entry. From spad #126 inby for a distance of 70-75'. Fall was timbered, cribs set & dangered off. Fall was reported 7:10 a.m. on 11/02/06.

October 27, 2006 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss FALL OF ROOF OR BACK
Ruscat Enterprises, Inc. · Struck by falling object

Employee was traveling up intake on a mantrip when a piece of draw rock fell and struck employee on his rt. knee.

2001 · 2 incidents

February 20, 2001 WV · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator POWERED HAULAGE
Blue Haven Energy Inc · Caught in, under or between (Not Elsewhere Classified)

EMPLOYEE WAS OPERATING SCOOP WHEN HE PLACED HIS HAND BETWEEN BOTH SECTION OF SCOOP.

January 31, 2001 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Blue Haven Energy Inc · Struck by... (Not Elsewhere Classified)

EE WAS INSTALLING ROOF BOLT WHILE PUSHING UP ON ROOF BOLT THE BOLT SLIPPED OUT OF DRILL PAD &] STRUCK EE LEFT THUMB

1988 · 1 incident

April 28, 1988 WV · Coal cutting machine operator, ripper, universal operator MACHINERY
Phil-Matt Mining Company Inc · Struck by falling object

A PIECE OF DRAW ROCK SLAB FELL DOWN FROM FACE CUT WHILE EMPLOYEE WAS TAMPING A CUT OF COAL UP AND CAUGHT HIM ACROSS THE LOWER PART OF HIS BACK. EMPLOYEE WAS COMPLAINING OF PAIN IN HIS RIGHT SIDE AND AUMMONED TO WELCH EMERGENCY.