Mining Incidents

No 2 Miner: 33 MSHA citations Coal

Controlled by James C Justice III
Pineville, Wyoming County, WV  ·  Temporarily Idled
MSHA Mine ID: 4609031

No 2 Miner has $185K in proposed MSHA penalties and $0 outstanding across 7 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2004–2012
Latest incident
May 2012
Compliance record
MSHA citations since 2004
33
citations
17
significant & substantial
$185,182
proposed penalties
$138,583
paid to date
75% of proposed penalties paid to date, a $46,599 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
25
inspections on record
458
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: 458 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 2 Miner has $185K in proposed MSHA penalties and $0 outstanding across 7 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.
$185K
proposed penalties
$139K
current assessed
$139K
paid to date
$0
outstanding
31 assessments are final orders; 7 contested dockets.
Of $67K in penalties contested before the Commission, $14K was upheld in final decisions.
As of the most recent assessment on 2010-06-02.
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.
53.1%
significant & substantial
16.1%
high negligence or reckless
51.6%
reasonably likely or greater
51.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.1% low, 67.7% moderate, 9.7% high, 6.5% 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.
14 citations taken to the federal commission · 42% of citations on record
  • Settled 13 · 93%
  • Vacated or withdrawn 1 · 7%
83%
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 6 decided S&S contests · industry: 79%
79%
Penalty reduction in decided contests
$67K proposed, $14K 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 2008-12-08.
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 2008-1701 Settlement Barbour 2010 $34K → $5K
WEVA 2008-1433 Settlement Bulluck 2013 $15K → $3K
WEVA 2009-434 Settlement Melick 2011 $8K → $4K
WEVA 2008-1702 Withdrawal Barbour 2010 $6K → $0
WEVA 2008-1706 Settlement Barbour 2010 $2K → $555
WEVA 2009-435 Settlement Melick 2011 $639 → $527
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 2 Miner shows 100% of 20 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: 2010-06-09, 16 years ago
100%
within 1.5 mg/m3
20
samples
1.00
dust max (mg/m3)
20 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR4
  • GROUNDMAN4
  • HIGHLIFT OPERATOR/FRONT END LOADER4

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: 2010-06-09, 16 years ago
17%
over PEL
12
samples
Most-sampled occupations
  • GROUNDMAN3
  • AUGER OPERATOR2
  • HIGHLIFT OPERATOR/FRONT END LOADER2
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
2010 100% 5
2008 100% 5
2004 100% 10
Noise by year
Year over PEL samples
2010 0% 5
2004 29% 7
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 2 Miner recorded 6.94 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.
6.94
total case rate
6.94
days-away rate
0.000
fatality rate
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.
Year total case rate days-away fatal
2006 * 6.94 6.94 0.000
2005 * 11.57 11.57 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. Justice Highwall Mining, Inc 2004 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)
2020 0
2019 0
2018 0
2017 0
2016 0
2015 0
2014 0
2013 0
2012 0
2011 0
2010 0
2009 0
2008 0
2007 4 14,175
2006 10 105,601
2005 14 133,495
2004 6 34,318
Source: MSHA quarterly employment and production, updated weekly.

No 2 Miner 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
2020 Q1 0 0 0
2019 Q2 0 0 0
2018 Q3 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
Show 48 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q4 0 0 0
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 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 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 247 0 0 0.0
2012 Q1 0 0 0
2011 Q4 0 0 0
2011 Q3 0 0 0
2011 Q2 0 0 0
2010 Q4 0 0 0
2010 Q3 0 0 0
2010 Q2 0 1 0
2010 Q1 0 0 0
2009 Q4 0 0 0
2009 Q2 0 0 0
2009 Q1 0 0 0
2008 Q4 0 0 0
2008 Q3 0 6 2
2008 Q2 0 0 0
2008 Q1 0 4 2
2007 Q4 463 0 0 0.0
2007 Q3 80 7 3 87500.0
2007 Q2 2,137 0 0 0.0
2007 Q1 5,386 4 3 742.7
2006 Q4 12,951 0 0 0.0
2006 Q3 4,758 0 0 0.0
2006 Q2 4,241 0 0 0.0
2006 Q1 6,873 0 0 0.0
2005 Q4 671 0 0 0.0
2005 Q3 9,947 0 0 0.0
2005 Q2 14,900 2 1 134.2
2005 Q1 9,048 0 0 0.0
2004 Q4 2,968 1 0 336.9
2004 Q3 1,675 5 5 2985.1
2004 Q2 1,677 3 1 1788.9
No fatalities recorded at this mine.

Reportable incidents

8 on file

2012 · 1 incident

May 7, 2012 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Justice Highwall Mining, Inc · Fall from machine

While getting off the water truck, the employee stated that when he got to the last step his knee gave way causing him to slip and fall.

2008 · 1 incident

August 19, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Justice Highwall Mining, Inc · Struck by flying object

Grinding cutter drum preparing to weld bit lugs to drum. Metal got into eyes. Employee did have safety glasses on at time of accident.

2007 · 1 incident

July 8, 2007 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Justice Highwall Mining, Inc · Caught in, under or between a moving and a stationary object

Employee fell between the miner power head and a push beam "car." The push beam was knocked forward causing employee's leg to be caught between powerhead and push beam.

2006 · 1 incident

January 19, 2006 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Justice Highwall Mining, Inc · Struck against a moving object

EE ALLEGES HE WAS MOVING SPOIL MATERIAL WITH LOADER BUCKET. THE MACHINE TRAMMED OVER UNEVEN PIT FLOOR. THE REAR TIRES BOUNCED OVER 36" HOLE IN PIT FLOOR. (SPRAINED BACK FROM SUDDEN JOLT & BOUNCE OF LOADER.)

2005 · 2 incidents

June 7, 2005 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Justice Highwall Mining, Inc · Struck by flying object

(LOCATION: ON HAUL ROAD AT PUNCHEON CAMP THIN SEAM MINE - MSHA ID NO. 4609077.) EMPLOYEE WAS WALKING BESIDE THE HIGHWALL MINER AS IT WAS BEING TRAMMED. A PIECE OF METAL (3/4") BROKE FROM CRAWLER TRACK AND SHOT OUT, STRIKING EMPLOYEE IN LEFT ARM.

2004 · 2 incidents

July 19, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Justice Highwall Mining, Inc · Struck by flying object

Employee was removing a grease fitting on the crawler unit. the fitting blew out and struck ee s hand.

May 18, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Justice Highwall Mining, Inc · Struck by falling object

EMPLOYEE WAS HELPING TO "TEAR DOWN" THE MINER, WHILE HOLDING A PIN, THE PIN SUDDENLY CAME OUT & A LATCH FELL STRIKING EE ON HIS HAND. "REMOVING CUTTER HEAD"