No. 10: 29 MSHA citations
Coal
Gilbert,
Mingo County,
WV
·
Abandoned and Sealed
MSHA Mine ID: 4609110
No. 10 has $3K 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
- 2006–2007
- Latest incident
- Mar 2007
Compliance record
MSHA citations since 2006
7
significant & substantial
$2,649
proposed penalties
83% of proposed penalties paid to date, a $438 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
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: 346 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. 10 has $3K 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.
28 assessments are final orders; 1 contested dockets.
Of $838 in penalties contested before the Commission, $400 was upheld in final decisions.
As of the most recent assessment on 2007-02-05.
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.
25.0%
significant & substantial
0.0%
high negligence or reckless
25.0%
reasonably likely or greater
0.0%
permanently disabling or fatal if injury occurs
Negligence coding: 3.6% none, 53.6% low, 42.9% moderate, 0.0% 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 · 3% of citations on record
100%
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 1 decided S&S contests · industry: 79%
52%
Penalty reduction in decided contests
$838 proposed, $400 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 2008-04-28.
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 2008-1023 |
Settlement |
Barbour |
2009 |
$838 → $400 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at No. 10 shows 74% of 62 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: 2007-03-28, 19 years ago
22 samples taken by MSHA inspectors, 40 by the operator.
Most-sampled occupations
- CONTINUOUS MINER OPERATOR39
- SHUTTLE CAR OPERATOR (STANDARD SIDE)6
- ROOF BOLTER (SINGLE HEAD)4
Silica (quartz)
Last sampled: 2006-11-06, 19 years ago
Most-sampled occupations
- CONTINUOUS MINER OPERATOR2
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: 2006-07-20, 20 years ago
Most-sampled occupations
- ROOF BOLTER (SINGLE HEAD)2
- SHUTTLE CAR OPERATOR (STANDARD SIDE)2
- CONTINUOUS MINER HELPER1
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 |
| 2007 |
75% |
12 |
| 2006 |
74% |
50 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
No. 10 recorded 15.83 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.
Above 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.
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.
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) |
| 2007 |
41 |
36,859 |
| 2006 |
25 |
90,901 |
| 2005 |
4 |
4,631 |
Source: MSHA quarterly employment and production, updated weekly.
No. 10 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 |
| 2007 Q1 |
22,485 |
4 |
1 |
177.9 |
| 2006 Q4 |
22,756 |
11 |
2 |
483.4 |
| 2006 Q3 |
23,794 |
9 |
4 |
378.2 |
| 2006 Q2 |
9,298 |
0 |
0 |
0.0 |
| 2006 Q1 |
7,308 |
5 |
0 |
684.2 |
| 2005 Q4 |
3,854 |
0 |
0 |
0.0 |
| 2005 Q3 |
0 |
0 |
0 |
|
No fatalities recorded at this mine.
Reportable incidents
9 on file
2007 · 3 incidents
March 27, 2007
WV · Coal
laborer, bull gang, parts runner, roustabout, roof trimmer/scaler
FALL OF ROOF OR BACK
Employee was removing bolts from a structure when a piece of draw rock fell hitting him on rt side of neck and shoulder.
Rockhouse Creek Development Corp. · Accident type, without injuries
No one was injured or any equipment involved. We have soft top conditions and low cover in this area. No cracks or water was present in this area during normal mining procedures.
January 2, 2007
WV · Coal
laborer, bull gang, parts runner, roustabout, roof trimmer/scaler
MACHINERY
Rockhouse Creek Development Corp. · Caught in, under or between (Not Elsewhere Classified)
Employee was putting pusher & finisher together caught left index finger between steel, pinching end of finer off.
2006 · 6 incidents
Rockhouse Creek Development Corp. · Accident type, without injuries
Unplanned roof fall in return entry. Area cribbed and dangered off to prevent entrance by fellow employees. Fall was approximately 18' wide by 30 ' long and 3' to 4' thick.
July 22, 2006
WV · Coal
bull gang foreman, labor foreman, leadman, section foreman, shift boss
HANDLING OF MATERIALS
Rockhouse Creek Development Corp. · Over-exertion in lifting objects
Employee was bolting top in the #3 entry. He went to bend the roof bolt and pulled lower back.
May 30, 2006
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Newborn Contracting, Inc. · Struck by falling object
Employee bolting top when bolting operator being performed a piece of draw rock fell striking ee on left foot, lower back and top of head.
May 15, 2006
WV · Coal
roof bolter, rock bolter, pinner, mobile roof support operator (mrs)
FALL OF ROOF OR BACK
Newborn Contracting, Inc. · Struck by falling object
bolting top in #7 hdg., piece of draw rock fell hitting ee on back of neck and forearm. (Contusion)
March 3, 2006
WV · Coal
discontinued 1/31/2014. several other codes cover scoop car operator
POWERED HAULAGE
Newborn Contracting, Inc. · Caught in, under or between (Not Elsewhere Classified)
Had left hand outside operator compartment and on rubber bumper block. Steered scoop and caught fingers between bumper block and frame of scoop.
Newborn Contracting, Inc. · Struck by falling object
Bolting top, small piece of draw rock approximately 15" square - 1 1/2" to 2" thick fell and hit employee on lower back.