Mining Incidents

No 2 Deep Mine: 597 MSHA citations Coal

Controlled by John W Smith
DINGESS, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609187

No 2 Deep Mine has $475K in proposed MSHA penalties and $60K outstanding across 13 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
31
Years on record
2007–2011
Latest incident
Aug 2011
Compliance record
MSHA citations since 2007
597
citations
210
significant & substantial
$474,970
proposed penalties
$364,332
paid to date
77% of proposed penalties paid to date, a $110,638 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
34
inspections on record
2,925
inspection hours
20.4
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.
597 citations across 2,925 inspection hours.
Source: MSHA inspections data, updated weekly.

No 2 Deep Mine has $475K in proposed MSHA penalties and $60K outstanding across 13 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.
$475K
proposed penalties
$424K
current assessed
$364K
paid to date
$60K
outstanding
583 assessments are final orders; 13 contested dockets.
Of $230K in penalties contested before the Commission, $179K was upheld in final decisions.
As of the most recent assessment on 2011-12-16.
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.
36.0%
significant & substantial
1.2%
high negligence or reckless
35.2%
reasonably likely or greater
25.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 4.8% low, 94.0% moderate, 1.2% 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.
132 citations taken to the federal commission · 22% of citations on record
  • Settled 110 · 83%
  • Stood as issued 22 · 17%
97%
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 68 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$230K proposed, $179K 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 2011-12-27.
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 2010-7 Settlement Koutras 2011 $73K → $58K
WEVA 2010-1238 Settlement Manning 2012 $32K → $14K
WEVA 2010-1663 Dismissal Bulluck 2014 $29K → $29K
WEVA 2010-766 Settlement Manning 2012 $20K → $20K
WEVA 2010-845 Settlement Manning 2012 $17K → $17K
WEVA 2011-221 Settlement Andrews 2012 $17K → $10K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 2 Deep Mine shows 96% of 398 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: 2011-12-20, 14 years ago
96%
within 1.5 mg/m3
398
samples
4.78
dust max (mg/m3)
201 samples taken by MSHA inspectors, 197 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR220
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)48
  • ROOF BOLTER (SINGLE HEAD)24

Silica (quartz)

Last sampled: 2011-09-27, 14 years ago
8.0
silica avg (%)
19
samples
16.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR19

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: 2011-12-20, 14 years ago
2%
over PEL
53
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)15
  • CONTINUOUS MINER OPERATOR10
  • ROOF BOLTER (SINGLE HEAD)6
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 97% 62
2010 97% 109
2009 99% 88
2008 93% 105
2007 97% 34
Silica (quartz) by year
Year silica avg (%) samples
2011 8.0 3
2010 7.1 3
2009 5.9 3
2008 7.8 7
2007 11.6 3
Noise by year
Year over PEL samples
2011 0% 5
2010 0% 17
2009 0% 15
2008 9% 11
2007 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 2 Deep Mine recorded 2.73 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
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.
2.73
total case rate
2.73
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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
2011 * 2.73 2.73 0.000
2010 * 7.83 5.22 0.000
2009 14.29 8.93 0.000
2008 9.14 5.48 0.000
2007 * 6.11 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. Alpha & Omega Coal Company LLC 2006 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)
2011 30 340,231
2010 31 490,684
2009 42 615,502
2008 45 665,125
2007 16 188,320
2006 0
Source: MSHA quarterly employment and production, updated weekly.

No 2 Deep Mine 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
2011 Q4 18,955 1 0 52.8
2011 Q3 15,535 30 6 1931.1
2011 Q2 19,002 31 5 1631.4
2011 Q1 19,753 21 10 1063.1
2010 Q4 18,411 21 8 1140.6
2010 Q3 18,232 38 25 2084.2
2010 Q2 18,166 25 10 1376.2
2010 Q1 21,814 37 9 1696.2
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 22,616 38 7 1680.2
2009 Q3 20,268 50 21 2466.9
2009 Q2 30,934 25 12 808.2
2009 Q1 38,119 22 14 577.1
2008 Q4 23,212 41 12 1766.3
2008 Q3 30,501 38 7 1245.9
2008 Q2 31,712 45 13 1419.0
2008 Q1 23,992 23 7 958.7
2007 Q4 20,177 24 6 1189.5
2007 Q3 12,556 9 1 716.8
2007 Q2 0 0 0
2007 Q1 0 0 0
2006 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

31 on file

2011 · 3 incidents

January 7, 2011 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Struck against stationary object

EE was looking into SC reel and the lid closed and pushed his head into the reel. The EE received a cut on his eyebrow.

2010 · 4 incidents

December 9, 2010 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Alpha & Omega Coal Company LLC · Caught in, under or between running or meshing objects

Employee was removing a piece of string from a bottom roller and his glove was caught by the roller and pulled his hand into the roller.

August 12, 2010 WV · Coal lw propman, propman helper, move crew if lw, move-up man, jacksetter, advanceman lw helper HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Over-exertion in pulling or pushing objects

Employee was pulling a piece of cable over his shoulder and felt a sharp pain.

July 29, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Caught in, under or between a moving and a stationary object

Employee was setting timbers & timber fell to the side and caught his right middle finger smashing it.

March 21, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Over-exertion in lifting objects

Employee was building a back stop for a belt head. Employee strained lower back while lifting a piece of sheet metal.

2009 · 11 incidents

November 19, 2009 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Alpha & Omega Coal Company LLC · Struck by... (Not Elsewhere Classified)

Employee was cutting the belt with a utility knife. The knife slipped out of the belt and cut his hand.

October 24, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Alpha & Omega Coal Company LLC · Struck by falling object

While raising the personal canopy, it swung and a rock fell, hitting the left thumb.

August 11, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Alpha & Omega Coal Company LLC · Struck by... (Not Elsewhere Classified)

Employee was bolting top and his drill steel hit his left hand.

June 8, 2009 WV · Coal electrician helper HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Over-exertion in lifting objects

Employee was laying on his back and lifting a driveshaft into place. As employee attempted to lift the shaft he felt a severe pain in his lower back.

2008 · 10 incidents

December 31, 2008 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator HANDLING OF MATERIALS
Alpha & Omega Coal Company LLC · Struck by... (Not Elsewhere Classified)

Changing scoop batteries on S&S scoop. Smashed & broke left ring finger & middle finger.

December 23, 2008 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler MACHINERY
Alpha & Omega Coal Company LLC · Struck by... (Not Elsewhere Classified)

EE was holding plastic around hyd hose. Hyd oil was injected into index finger. (Did not receive this report of injury until 12/31/2008).

August 21, 2008 WV · Coal electrician, lineman POWERED HAULAGE
Alpha & Omega Coal Company LLC · Struck by... (Not Elsewhere Classified)

Driving Mac 8 when front wheel hit a rock causing the steering wheel to spin around and hit left thumb

July 25, 2008 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Alpha & Omega Coal Company LLC · Caught in, under or between a moving and a stationary object

Operating scoop had hand laying on top of panel mashed finger between panel and frame.

April 17, 2008 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Alpha & Omega Coal Company LLC · Fall to the walkway or working surface

Walking and shuttle car cable caught legs and caused him to fall down.

2007 · 3 incidents

September 29, 2007 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
Alpha & Omega Coal Company LLC · Fall onto or against objects

Security office EE came out of parts trailer and was on his way to the port-potti when he tripped on a pallet and fell to the ground striking a piece of metal and cutting his right leg.

August 23, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Alpha & Omega Coal Company LLC · Fall from machine

8/24/07, mine contracted our office to ask if our EE had notified us of an incident that happened the day before, he had not. EE stepped off roof bolter, twisted right ankle. Applied ice, sent to ER, referred to orthopedic DR. (8/27/07, EE returned our call and updated info). Cast to be placed on right ankle. Estimated time off is 6 weeks.