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No 1 Miner: 43 MSHA citations Coal

Controlled by Daniel W Bunn
Appalachia, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4609024

No 1 Miner has $12K in proposed MSHA penalties and $6K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
6
Years on record
2005–2019
Latest incident
Sep 2019
Compliance record
MSHA citations since 2004
43
citations
10
significant & substantial
$11,777
proposed penalties
$3,717
paid to date
32% of proposed penalties paid to date, a $8,060 gap.
Source: MSHA violations data, updated weekly.
See Mega Highwall Mining, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2004
41
inspections on record
759
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: 759 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

No 1 Miner has $12K in proposed MSHA penalties and $6K outstanding across 8 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.
$12K
proposed penalties
$10K
current assessed
$4K
paid to date
$6K
outstanding
38 assessments are final orders; 8 contested dockets.
Of $56K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2019-12-19.
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.
26.3%
significant & substantial
5.3%
high negligence or reckless
26.3%
reasonably likely or greater
44.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 5.3% low, 89.5% moderate, 5.3% 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.
25 citations taken to the federal commission · 58% of citations on record
  • Settled 17 · 68%
  • Vacated or withdrawn 8 · 32%
29%
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 17 decided S&S contests · industry: 79%
88%
Penalty reduction in decided contests
$56K proposed, $7K 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 2019-12-23.
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 2011-897 Withdrawal Moran 2012 $46K → $3K
WEVA 2020-0159 Settlement Bulluck 2020 $7K → $1K
WEVA 2020-0160 Settlement Rae 2020 $1K → $524
WEVA 2011-1837 Settlement Lewis 2012 $740 → $640
WEVA 2011-1550 Settlement Lewis 2012 $587 → $463
WEVA 2011-898 Settlement Moran 2014 $585 → $450
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 1 Miner shows 100% of 22 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: 2011-03-22, 15 years ago
100%
within 1.5 mg/m3
22
samples
0.89
dust max (mg/m3)
22 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER5
  • AUGER OPERATOR4
  • FORKLIFT OPERATOR4

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: 2009-06-23, 17 years ago
0%
over PEL
20
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER7
  • AUGER OPERATOR5
  • FORKLIFT OPERATOR2
See US mines ranked by noise samples over the legal limit.
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% 3
2009 100% 9
2008 100% 5
2004 100% 5
Noise by year
Year over PEL samples
2009 0% 4
2008 0% 5
2005 0% 7
2004 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 1 Miner recorded 9.32 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
ⓘ 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.
9.32
total case rate
9.32
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In West Virginia, coal mining averaged 4.51 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
2019 * 9.32 9.32 0.000
2012 * 0.00 0.00 0.000
2011 * 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 * 2.95 0.00 0.000
2004 * 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. Justice Highwall Mining Inc 2004 to 2015
  2. Kentucky Fuel Corporation 2005 to 2005
  3. A&G Coal Corporation 2015 to 2018
  4. Justice Highwall Mining, Inc. 2018 to 2026
  5. Mega Highwall Mining, LLC 2026 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)
2020 8
2019 9 23,930
2018 2
2017 0
2016 0
2015 0
2014 0
2013 0
2012 10
2011 20 53,777
2010 9 6,380
2009 27 10,089
2008 26
2007 7 33,301
2006 7 34,416
2005 4 20,460
2004 10 161,282
Source: MSHA quarterly employment and production, updated weekly.

No 1 Miner 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
2020 Q2 3,705 0 0 0.0
2020 Q1 3,037 0 0 0.0
2019 Q4 12,372 4 1 323.3
2019 Q3 8,647 8 1 925.2
2019 Q2 289 0 0 0.0
2019 Q1 159 0 0 0.0
2018 Q4 695 0 0 0.0
2018 Q3 0 0 0
Show 56 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 11 1
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 2,635 0 0 0.0
2012 Q3 7,646 0 0 0.0
2012 Q2 7,859 0 0 0.0
2012 Q1 7,979 0 0 0.0
2011 Q4 9,501 0 0 0.0
2011 Q3 18,150 0 0 0.0
2011 Q2 21,308 0 0 0.0
2011 Q1 15,634 7 2 447.7
2010 Q4 12,574 3 2 238.6
2010 Q3 0 0 0
2010 Q2 0 0 0
2010 Q1 12,670 0 0 0.0
2009 Q4 17,239 0 0 0.0
2009 Q3 10,718 0 0 0.0
2009 Q2 16,125 3 0 186.0
2009 Q1 23,718 0 0 0.0
2008 Q4 22,813 0 0 0.0
2008 Q3 25,855 1 0 38.7
2008 Q1 5,571 0 0 0.0
2007 Q4 3,032 0 0 0.0
2007 Q3 4,419 0 0 0.0
2007 Q2 6,051 0 0 0.0
2007 Q1 1,571 0 0 0.0
2006 Q4 6,432 0 0 0.0
2006 Q3 0 0 0
2006 Q2 5,469 0 0 0.0
2006 Q1 5,069 4 1 789.1
2005 Q4 7,702 0 0 0.0
2005 Q3 0 0 0
2005 Q2 0 0 0
2005 Q1 0 0 0
2004 Q4 10,713 0 0 0.0
2004 Q3 6,696 0 0 0.0
2004 Q2 1,677 1 1 596.3
2004 Q1 1,387 1 1 721.0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2019 · 1 incident

2010 · 1 incident

September 16, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Justice Highwall Mining Inc · Struck by falling object

Changing hoist cylinder on 793B truck, half header fell out and struck employee on lower leg

2009 · 1 incident

June 23, 2009 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman IGNITION OR EXPLOSION OF GAS OR DUST
Justice Highwall Mining Inc · Contact with hot objects or substances

EE was cutting bolts out of cutter head motor #2 side of No 1 highwall miner. When the act hose burst, the torch ignited the gas where the EE was cutting.

2008 · 1 incident

September 6, 2008 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Justice Highwall Mining Inc · Struck by... (Not Elsewhere Classified)

Working on hose red chain. Trying to take apart, wrench slipped, causing hand to be cut on palm of hand (L) side.

2006 · 1 incident

2005 · 1 incident

December 10, 2005 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator HANDTOOLS (NONPOWERED)
Justice Highwall Mining Inc · Struck by... (Not Elsewhere Classified)

Employee was striking a link pin with a ball peen hammer. Small piece of metal struck and embedded in left wrist.