Mining Incidents

No 1 Surface: 46 MSHA citations Coal

JMAC Leasing Inc · Surface
Controlled by Everett Gordon Justice
Cyclone, Wyoming County, WV  ·  Abandoned
MSHA Mine ID: 4608803

No 1 Surface has $8K in proposed MSHA penalties and $0 outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2001–2005
Latest incident
Jun 2005
Compliance record
MSHA citations since 2002
46
citations
29
significant & substantial
$7,631
proposed penalties
$7,631
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
44
inspections on record
899
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: 899 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 Surface has $8K in proposed MSHA penalties and $0 outstanding across 1 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.
$8K
proposed penalties
$8K
current assessed
$8K
paid to date
$0
outstanding
44 assessments are final orders; 1 contested dockets.
Of $100 in penalties contested before the Commission, $100 was upheld in final decisions.
As of the most recent assessment on 2012-05-14.
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.
65.9%
significant & substantial
2.3%
high negligence or reckless
65.9%
reasonably likely or greater
56.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 27.3% low, 70.5% 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.
1 citations taken to the federal commission · 2% of citations on record
  • Settled 1 · 100%
0%
Penalty reduction in decided contests
$100 proposed, $100 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 2011-11-29.
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 2012-320 Settlement Lesnick 2013 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 1 Surface shows 100% of 48 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: 2006-01-12, 20 years ago
100%
within 1.5 mg/m3
48
samples
0.79
dust max (mg/m3)
48 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR14
  • HIGHLIFT OPERATOR/FRONT END LOADER13
  • BULLDOZER OPERATOR10

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: 2005-05-24, 21 years ago
6%
over PEL
16
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER3
  • HIGHWALL DRILL OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
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
2006 100% 4
2005 100% 5
2004 100% 10
2003 100% 10
2002 100% 14
2001 100% 5
Noise by year
Year over PEL samples
2005 0% 5
2004 17% 6
2003 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 1 Surface recorded 0.00 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In West Virginia, coal mining averaged 5.26 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
2006 * 0.00 0.00 0.000
2005 * 4.00 4.00 0.000
2004 * 4.64 4.64 0.000
2003 0.00 0.00 0.000
2002 * 4.14 4.14 0.000
2001 * 3.55 3.55 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. JMAC Leasing Inc 1999 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)
2012 2
2011 0
2010 2
2009 1
2008 0
2007 0
2006 12 73,257
2005 43 373,382
2004 38 272,040
2003 40 375,162
2002 40 413,108
2001 24 206,626
2000 0
Source: MSHA quarterly employment and production, updated weekly.

No 1 Surface sits in Wyoming County, West Virginia, where the Census mining category is 11.2% 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.
Wyoming County, West Virginia · Population 20,948
11.2%
Mining share of county employment
$48,038
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
2012 Q4 1,132 0 0 0.0
2012 Q3 892 0 0 0.0
2012 Q2 0 1 1
2012 Q1 0 0 0
2011 Q4 0 1 0
2011 Q3 0 0 0
2011 Q2 0 6 0
2011 Q1 0 0 0
Show 42 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2010 Q4 16 0 0 0.0
2010 Q3 30 0 0 0.0
2010 Q2 1,234 0 0 0.0
2010 Q1 546 0 0 0.0
2009 Q4 1,292 0 0 0.0
2009 Q3 0 0 0
2009 Q2 0 0 0
2009 Q1 0 3 1
2008 Q4 0 0 0
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 0 0 0
2007 Q4 0 0 0
2007 Q3 0 1 1
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 0 0 0
2006 Q3 1,300 0 0 0.0
2006 Q2 2,850 0 0 0.0
2006 Q1 23,918 3 3 125.4
2005 Q4 28,817 0 0 0.0
2005 Q3 29,519 0 0 0.0
2005 Q2 29,346 5 4 170.4
2005 Q1 12,284 0 0 0.0
2004 Q4 19,983 7 5 350.3
2004 Q3 24,139 0 0 0.0
2004 Q2 22,012 1 1 45.4
2004 Q1 20,100 0 0 0.0
2003 Q4 24,257 2 2 82.5
2003 Q3 25,072 0 0 0.0
2003 Q2 25,037 4 3 159.8
2003 Q1 27,042 0 0 0.0
2002 Q4 25,106 4 3 159.3
2002 Q3 23,803 0 0 0.0
2002 Q2 24,899 0 0 0.0
2002 Q1 22,815 4 2 175.3
2001 Q4 20,252 0 0 0.0
2001 Q3 18,301 0 0 0.0
2001 Q2 12,169 0 0 0.0
2001 Q1 5,687 0 0 0.0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2005 · 2 incidents

June 7, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
JMAC Leasing Inc · Caught in, under or between a moving and a stationary object

Operator exiting rock truck and closed door on his right thumb.

January 5, 2005 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
JMAC Leasing Inc · Struck against stationary object

Employee backed rock truck through berm and over highwall. Employee jumped from truck, breaking his leg.

2004 · 3 incidents

September 20, 2004 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
JMAC Leasing Inc · Struck against a moving object

EE was operating D10R dozer, a rock slid from the side of blade of dozer and operator did not see it. Operator backed over rock, hurting his back.

August 5, 2004 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
JMAC Leasing Inc · Over-exertion (Not Elsewhere Classified)

Operator was exiting excavator and turned his ankle.

August 5, 2004 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
JMAC Leasing Inc · Fall from machine

Raining. Employee tarped his load & was in hurry to get in truck. His foot slipped on the running board & he fell.

2002 · 3 incidents

November 9, 2002 WV · Coal shopman repair cars, mechanic MACHINERY
JMAC Leasing Inc · Contact with hot objects or substances

EE WAS CUTTING THE SIDE OF A LOADER FRAME APART & THE TORCH POPPED AND A PIECE OF HOT SLAG WENT DOWN INTO HIS EAR.

June 17, 2002 WV · Coal greaser, grease man, oiler, lube man, dragline oiler MACHINERY
JMAC Leasing Inc · Struck by falling object

REPLACING RF SPRING ON GREASE TRUCK. HOISTING FRONT END OF GREASE TRUCK WHEN BOOM BENT DROPPING GREASE TRUCK AGAINST EE'S HEAD.

April 9, 2002 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
JMAC Leasing Inc · Struck against a moving object

OPERATOR HIT THE TOE ROCK WITH 990 LOADER STOPPING LOADER SUDDENLY AND COMPLETELY.

2001 · 1 incident

November 28, 2001 WV · Coal truck driver POWERED HAULAGE
JMAC Leasing Inc · Struck against a moving object

EE BACKED TRUCK UNDER LOADER TO BE LOADED. FIRSTBUCKET CONTAINED LARGE ROCK IN DIRT & WAS DUMPEDBEFORE TRUCK WAS COMPLETELY STOPPED. BACK STRUCKSIDE OF BED THROWING DRIVER AGAINST DOOR & STEER ING WHEEL.