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No 2 Mine: 538 MSHA citations Coal

Controlled by Edward A Asbury
Welch, Mcdowell County, WV  ·  Temporarily Idled
MSHA Mine ID: 4606843

No 2 Mine has $396K in proposed MSHA penalties and $0 outstanding across 56 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
1985–2016
Latest incident
Apr 2016
Compliance record
MSHA citations since 2005
538
citations
185
significant & substantial
$396,230
proposed penalties
$251,726
paid to date
64% of proposed penalties paid to date, a $144,504 gap.
Source: MSHA violations data, updated weekly.
See Sally Ann Coal Company Inc's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
101
inspections on record
4,091
inspection hours
13.2
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.
538 citations across 4,091 inspection hours.
Source: MSHA inspections data, updated weekly.

No 2 Mine has $396K in proposed MSHA penalties and $0 outstanding across 56 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.
$396K
proposed penalties
$252K
current assessed
$252K
paid to date
$0
outstanding
531 assessments are final orders; 56 contested dockets.
Of $359K in penalties contested before the Commission, $214K was upheld in final decisions.
As of the most recent assessment on 2017-03-30.
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.
34.8%
significant & substantial
7.2%
high negligence or reckless
34.7%
reasonably likely or greater
46.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 18.6% low, 74.2% moderate, 7.2% 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.
294 citations taken to the federal commission · 55% of citations on record
  • Settled 293 · 100%
  • Vacated or withdrawn 1 · 0%
84%
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 171 decided S&S contests · industry: 79%
41%
Penalty reduction in decided contests
$359K proposed, $214K 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 2017-06-06.
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 2011-1661 Settlement Harner 2014 $54K → $12K
WEVA 2015-900 Settlement Rae 2018 $48K → $24K
WEVA 2015-0310 Settlement Rae 2015 $24K → $17K
WEVA 2013-1239 Settlement McCarthy 2014 $22K → $15K
WEVA 2010-1329 Settlement Gill 2013 $17K → $4K
WEVA 2011-1028 Settlement Harner 2015 $17K → $16K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 2 Mine shows 95% of 621 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: 2016-02-10, 10 years ago
95%
within 1.5 mg/m3
621
samples
4.02
dust max (mg/m3)
0
over MSHA ECV
ⓘ The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
256 samples taken by MSHA inspectors, 365 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR315
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)84
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)50

Silica (quartz)

Last sampled: 2016-02-19, 10 years ago
9.0
silica avg (%)
38
samples
35.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR20
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)18
See US coal mines ranked by silica in their dust samples.

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: 2014-10-27, 11 years ago
2%
over PEL
48
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)9
  • TRACTOR OPERATOR/MOTORMAN7
  • CONTINUOUS MINER OPERATOR6
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
2016 100% 4
2015 92% 65
2014 96% 69
2013 98% 40
2012 95% 55
2011 97% 61
2010 96% 79
2009 90% 69
2008 97% 62
2007 98% 44
2006 94% 64
2005 100% 9
Silica (quartz) by year
Year silica avg (%) samples
2016 6.5 1
2015 7.3 8
2014 6.3 7
2013 5.8 2
2012 5.3 2
2011 16.9 2
2010 15.4 5
2009 8.5 5
2008 5.5 1
2007 8.0 1
2006 10.7 4
Noise by year
Year over PEL samples
2014 6% 18
2011 0% 11
2010 0% 2
2009 0% 5
2008 0% 8
2006 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 2 Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2015.

Injury rate, 2015
ⓘ 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 3.76 and the all-US-mining average was 2.72 cases per 100 workers.
In West Virginia, coal mining averaged 5.22 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
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 * 3.09 3.09 0.000
2010 * 3.89 3.89 0.000
2009 * 0.00 0.00 0.000
2008 * 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. Spirit Energy Inc 1984 to 2005
  2. Ruscat Enterprises, Inc. 2005 to 2010
  3. Sally Ann Coal Company Inc 2010 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)
2026 0
2025 0
2024 0
2023 0
2022 0
2021 0
2020 0
2019 0
2018 0
2017 0
2016 3 3,983
2015 11 39,194
2014 12 65,789
2013 11 24,907
2012 19 42,639
2011 28 55,897
2010 25 64,517
2009 19 51,842
2008 11 41,072
2007 11 43,097
2006 12 53,759
2005 4 5,375
Source: MSHA quarterly employment and production, updated weekly.

No 2 Mine 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
2026 Q2 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 0 0 0
2024 Q2 0 0 0
Show 75 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 0 0 0
2023 Q1 0 0 0
2022 Q4 0 0 0
2022 Q3 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
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 2 0
2016 Q4 0 1 0
2016 Q3 0 3 0
2016 Q2 0 1 0
2016 Q1 3,198 1 0 312.7
2015 Q4 6,514 9 2 1381.6
2015 Q3 7,297 20 6 2740.9
2015 Q2 7,882 19 4 2410.6
2015 Q1 8,338 26 10 3118.3
2014 Q4 7,628 24 3 3146.3
2014 Q3 8,081 7 1 866.2
2014 Q2 8,611 8 1 929.0
2014 Q1 7,828 19 3 2427.2
2013 Q4 3,522 10 0 2839.3
2013 Q3 1,107 0 0 0.0
2013 Q2 10,232 23 11 2247.8
2013 Q1 8,224 14 2 1702.3
2012 Q4 8,549 9 2 1052.8
2012 Q3 9,032 11 3 1217.9
2012 Q2 11,639 20 5 1718.4
2012 Q1 14,743 16 7 1085.3
2011 Q4 17,071 10 3 585.8
2011 Q3 16,644 11 6 660.9
2011 Q2 17,859 15 12 839.9
2011 Q1 13,063 23 10 1760.7
2010 Q4 18,716 18 7 961.7
2010 Q3 9,464 17 8 1796.3
2010 Q2 15,849 35 14 2208.3
2010 Q1 7,400 23 9 3108.1
2009 Q4 8,680 17 10 1958.5
2009 Q3 5,266 14 7 2658.6
2009 Q2 8,271 10 3 1209.0
2009 Q1 5,747 17 8 2958.1
2008 Q4 5,640 4 2 709.2
2008 Q3 5,537 3 2 541.8
2008 Q2 7,488 2 2 267.1
2008 Q1 7,015 16 3 2280.8
2007 Q4 7,378 7 4 948.8
2007 Q3 6,363 6 2 943.0
2007 Q2 6,920 4 0 578.0
2007 Q1 6,410 2 0 312.0
2006 Q4 6,215 1 0 160.9
2006 Q3 8,819 6 0 680.3
2006 Q2 7,440 10 2 1344.1
2006 Q1 5,790 12 5 2072.5
2005 Q4 3,758 3 0 798.3
2005 Q3 991 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2016 · 1 incident

2012 · 1 incident

2011 · 1 incident

October 20, 2011 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Sally Ann Coal Company Inc · Struck against a moving object

Employee stated that while running scoop, that he hit his head on top. Said that the scoop malfunctioned

2010 · 1 incident

November 10, 2010 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Sally Ann Coal Company Inc · Caught in, under or between (Not Elsewhere Classified)

Employee stated that while operating a shuttle car, he got his foot caught and twisted his ankle.

2009 · 1 incident

2006 · 1 incident

November 2, 2006 WV · Coal FALL OF ROOF OR BACK
Ruscat Enterprises, Inc. · Accident type, without injuries

Roof fall occured between 4 pm 11-01-06 #1 entry. From spad #126 inby for a distance of 70-75ft. Fall was timberd and cribs set and danger off. Fall was reporte and 7:10 am 11-2-06.

1986 · 1 incident

1985 · 2 incidents

April 5, 1985 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Spirit Energy Inc · Caught in, under or between a moving and a stationary object

CAUGHT BETWEEN RIB AND ROOF BOLTG MACHINE.