Mining Incidents

No. 10: 57 MSHA citations Coal

Argus Energy WV LLC · Underground
Controlled by James H Booth
Dunlow, Wayne County, WV  ·  Abandoned
MSHA Mine ID: 4609428

No. 10 has $35K in proposed MSHA penalties and $0 outstanding across 11 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2012–2013
Latest incident
Feb 2013
Compliance record
MSHA citations since 2012
57
citations
13
significant & substantial
$34,631
proposed penalties
$27,275
paid to date
79% of proposed penalties paid to date, a $7,356 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2012
8
inspections on record
437
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: 437 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 $35K in proposed MSHA penalties and $0 outstanding across 11 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.
$35K
proposed penalties
$27K
current assessed
$27K
paid to date
$0
outstanding
56 assessments are final orders; 11 contested dockets.
Of $32K in penalties contested before the Commission, $24K was upheld in final decisions.
As of the most recent assessment on 2013-04-30.
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.
23.2%
significant & substantial
1.8%
high negligence or reckless
23.2%
reasonably likely or greater
12.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.1% low, 91.1% moderate, 1.8% 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.
28 citations taken to the federal commission · 49% of citations on record
  • Settled 28 · 100%
69%
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 16 decided S&S contests · industry: 79%
23%
Penalty reduction in decided contests
$32K proposed, $24K 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 2013-07-10.
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 2013-29 Settlement Steele 2013 $16K → $12K
WEVA 2013-734 Settlement Steele 2014 $5K → $4K
WEVA 2013-1115 Settlement Lesnick 2014 $3K → $3K
WEVA 2013-8 Settlement Simonton 2013 $2K → $1K
WEVA 2013-434 Settlement Simonton 2013 $2K → $1K
WEVA 2013-331 Settlement Steele 2014 $1K → $798
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 10 shows 98% of 64 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: 2013-05-01, 13 years ago
98%
within 1.5 mg/m3
64
samples
2.55
dust max (mg/m3)
31 samples taken by MSHA inspectors, 33 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR33
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)8
  • ROOF BOLTER (SINGLE HEAD)3

Silica (quartz)

Last sampled: 2012-11-20, 13 years ago
6.0
silica avg (%)
2
samples
6.2
silica max (%)
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: 2012-11-07, 13 years ago
0%
over PEL
12
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)4
  • CONTINUOUS MINER OPERATOR2
  • ROOF BOLTER (SINGLE HEAD)2
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% 23
2012 98% 41
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 10 recorded 5.02 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.
5.02
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 * 5.02 0.00 0.000
2012 * 6.92 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. Argus Energy WV LLC 2011 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)
2018 0
2017 0
2016 0
2015 0
2014 0
2013 17 116,383
2012 25 127,725
Source: MSHA quarterly employment and production, updated weekly.

No. 10 sits in Wayne County, West Virginia, where the Census mining category is 0.7% 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.
Wayne County, West Virginia · Population 38,498
0.7%
Mining share of county employment
$55,539
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
2018 Q3 0 0 0
2018 Q2 0 0 0
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
Show 19 earlier quarters
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
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 15,212 7 0 460.2
2013 Q1 24,599 17 0 691.1
2012 Q4 22,208 7 2 315.2
2012 Q3 18,822 10 1 531.3
2012 Q2 15,961 5 2 313.3
2012 Q1 792 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2013 · 1 incident

February 13, 2013 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDTOOLS (NONPOWERED)
Argus Energy WV LLC · Struck by... (Not Elsewhere Classified)

Hit his finger with a slate bar while working on the belts.

2012 · 2 incidents

July 25, 2012 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Argus Energy WV LLC · Over-exertion in pulling or pushing objects

Pulling curtains across 001 section to hang pulled muscle in left leg. Section wet and muddy