Mining Incidents

No. 3: 347 MSHA citations Coal

Chief Mining, Inc. · Underground
Controlled by Kenneth R Calloway
New Richmond, Wyoming County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609213

No. 3 has $113K in proposed MSHA penalties and $0 outstanding across 19 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
31
Years on record
2007–2014
Latest incident
Jan 2014
Compliance record
MSHA citations since 2007
347
citations
70
significant & substantial
$113,374
proposed penalties
$87,155
paid to date
77% of proposed penalties paid to date, a $26,219 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
58
inspections on record
2,904
inspection hours
12.0
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.
347 citations across 2,904 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 3 has $113K in proposed MSHA penalties and $0 outstanding across 19 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.
$113K
proposed penalties
$87K
current assessed
$87K
paid to date
$0
outstanding
340 assessments are final orders; 19 contested dockets.
Of $65K in penalties contested before the Commission, $38K was upheld in final decisions.
As of the most recent assessment on 2014-04-24.
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.
20.6%
significant & substantial
2.4%
high negligence or reckless
20.6%
reasonably likely or greater
19.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 43.8% low, 53.8% moderate, 2.4% 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.
67 citations taken to the federal commission · 19% of citations on record
  • Settled 65 · 97%
  • Stood as issued 1 · 1%
  • Vacated or withdrawn 1 · 1%
61%
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 18 decided S&S contests · industry: 79%
41%
Penalty reduction in decided contests
$65K proposed, $38K 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 2013-10-21.
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 2014-77 Settlement Barbour 2014 $18K → $13K
WEVA 2014-76 Settlement Rae 2014 $12K → $4K
WEVA 2013-1148 Settlement Barbour 2014 $8K → $5K
WEVA 2013-1024 Settlement Barbour 2014 $8K → $1K
WEVA 2009-1628 Settlement Sippel 2013 $5K → $4K
WEVA 2008-1034 Settlement Bulluck 2011 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 3 shows 94% of 388 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: 2014-05-23, 12 years ago
94%
within 1.5 mg/m3
388
samples
3.71
dust max (mg/m3)
164 samples taken by MSHA inspectors, 224 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR216
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)44
  • ROOF BOLTER (SINGLE HEAD)21

Silica (quartz)

Last sampled: 2014-04-15, 12 years ago
7.5
silica avg (%)
20
samples
20.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR17

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: 2014-04-08, 12 years ago
6%
over PEL
35
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)9
  • SCOOP CAR OPERATOR7
  • CONTINUOUS MINER OPERATOR6
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
2014 75% 28
2013 92% 37
2012 89% 63
2011 90% 41
2010 100% 67
2009 100% 76
2008 100% 59
2007 94% 17
Silica (quartz) by year
Year silica avg (%) samples
2014 3.5 2
2013 10.2 4
2012 4.2 3
2009 8.0 4
2008 7.0 5
2007 11.8 2
Noise by year
Year over PEL samples
2014 0% 6
2013 0% 7
2012 0% 7
2010 0% 5
2008 20% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 3 recorded 18.57 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
18.57
total case rate
10.61
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 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
2012 * 18.57 10.61 0.000
2011 3.95 1.98 0.000
2010 0.00 0.00 0.000
2009 4.65 0.00 0.000
2008 7.63 3.05 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. Brooks Run Mining Company LLC 2007 to 2011
  2. Baylor Mining, Inc. 2011 to 2013
  3. Chief Mining, Inc. 2013 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)
2013 23 44,180
2012 33 102,727
2011 42 133,318
2010 65 233,067
2009 62 269,259
2008 59 173,845
2007 24 55,230
Source: MSHA quarterly employment and production, updated weekly.

No. 3 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
2013 Q3 1,239 0 0 0.0
2013 Q2 17,302 11 2 635.8
2013 Q1 22,185 14 4 631.1
2012 Q4 19,807 11 2 555.4
2012 Q3 16,344 30 10 1835.5
2012 Q2 19,275 16 3 830.1
2012 Q1 19,944 11 1 551.5
2011 Q4 16,732 15 3 896.5
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2011 Q3 14,673 0 0 0.0
2011 Q2 30,966 1 0 32.3
2011 Q1 38,878 8 3 205.8
2010 Q4 35,705 12 3 336.1
2010 Q3 39,079 6 2 153.5
2010 Q2 38,665 12 2 310.4
2010 Q1 39,019 6 2 153.8
2009 Q4 29,266 12 1 410.0
2009 Q3 32,379 7 1 216.2
2009 Q2 33,510 16 2 477.5
2009 Q1 33,994 5 1 147.1
2008 Q4 29,514 7 0 237.2
2008 Q3 32,161 12 3 373.1
2008 Q2 34,199 10 0 292.4
2008 Q1 35,137 14 3 398.4
2007 Q4 30,517 31 3 1015.8
2007 Q3 7,676 1 0 130.3
2007 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

31 on file

2014 · 1 incident

January 24, 2014 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss DUST DISEASE OF LUNGS
Chief Mining, Inc. · Inhalation of radiations, caustics, toxic and noxious substances

Brooks Run Mining Co. LLC accepted a federal black lung claim on 1/24/14 for this individual who had been employed at the mine when operated by the company. Employee was administratively terminated on 12/31/11.

2013 · 1 incident

January 10, 2013 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Baylor Mining, Inc. · Over-exertion in pulling or pushing objects

EE was pulling on miner cable and strained/pulled muscle in his back. Did not go to the hospital until 1/14/2013

2012 · 7 incidents

December 12, 2012 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Baylor Mining, Inc. · Unclassified, insufficient data

Around 10:20 AM EE came outside - had crawled nearly 4000 ft - could not tell management why or how he had gotten outside. In the absence of any apparent injury, he was sent home for the remainder of the day. Later that evening we learned he was kept overnight at hospital for observation. He made the statement he had bumped his head earlier.

December 5, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Baylor Mining, Inc. · Caught in, under or between (Not Elsewhere Classified)

Bolting top caught tip of finger on roof plate.

July 23, 2012 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Baylor Mining, Inc. · Struck against stationary object

EE was cleaning #3 Roadway with scoop cut his head on back of scoop deck in low top.

July 12, 2012 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Baylor Mining, Inc. · Over-exertion in lifting objects

Was supplying glue to bolter-putting box of glue in tray hurt back while lifting.

May 21, 2012 WV · Coal electrician, lineman HANDLING OF MATERIALS
Baylor Mining, Inc. · Struck by... (Not Elsewhere Classified)

Employee was pumping grease in miner conv. grease jack when grease fitting blew out, throwing grease into both eyes.

April 27, 2012 WV · Coal electrician, lineman POWERED HAULAGE
Baylor Mining, Inc. · Struck against a moving object

Employee was between #3 and #4 entries, 1 break outby. S/C came through flypad and hit employee's ride, knocking it into him.

2011 · 5 incidents

November 14, 2011 WV · Coal FALL OF ROOF OR BACK
Baylor Mining, Inc. · Accident type, without injuries

Roof fall occurred in the #8 intersection 1 Break outby spad 4066. All accessible entries leading into the fall area have been supported and dangered off, and will not be cleaned up.

November 1, 2011 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Baylor Mining, Inc. · Struck by... (Not Elsewhere Classified)

While cutting miner cable to make a splice, blade slipped, cutting the inside of his left middle and ring finger.

October 20, 2011 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Baylor Mining, Inc. · Over-exertion in pulling or pushing objects

While pulling a cable, strained left lower back - did not seek medical attention until 10/24/11.

April 6, 2011 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall occurred beginning at spad location No. 3880 and continuing through spad location no. 3875 in the last line of crosscuts to the face. The fall measured approximately 175' long x 20' wide x 6' high. A continuous mining machine and roof bolting machine are inby the fall area. The were no injuries.

January 8, 2011 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

An unintentional roof fall was found at 8:10PM in return airway. The fall was between #3 and 4 entries. Approx 60' Long X 19' Wide X 6.5' High. The area was bolted with 4' resin and 6' torque tension bolts. Fall will not be cleaned up. Called toll free # @ 8:25PM on 01/08/11.

2010 · 3 incidents

August 23, 2010 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall was discovered in the No. 5 intake entry near spad location 1685. The fall measured approximately 30' long x 20' wide and 5' thick. No injuries or damage to equipment resulted from this occurence.

June 11, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Struck by falling object

He was bolting while starting to drill hole. He was about to move his left hand away from drill steel when a piece of rock fell and struck his Left thumb.

2009 · 6 incidents

December 28, 2009 WV · Coal electrician, lineman DISORDERS (REPEATED TRAUMA)
Brooks Run Mining Company LLC · Rubbed or abraded

Employee experienced pain in his right knee for several weeks while performing routine tasks in low coal requiring bending, working on his knees, etc. After crawling and working on a continuous miner on 12/28/09, the employee sought medical attention. The employee attributes his knee pain to repeated stress on his knee while working and crawling in low coal over several weeks.

December 10, 2009 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall above the anchorage of the bolts was discovered in the No. 8 entry one crosscut inby spad location no. 1754. It was found during a weekly airway examination. The fall was approximately 26' long by 20' wide by 4-1/2 feet thick. There were no injures and there was no damage to equipment or disruption of airflow as a result of this occurrence.

November 13, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDTOOLS (NONPOWERED)
Brooks Run Mining Company LLC · Caught in, under or between a moving and a stationary object

Employee was adjusting the leveling rods on the left drill pot of the roof bolting machine. He was using channel locks to turn the adjustment mechanism on the rod and had his left hand resting on the drill boom. The drill boom dropped and his left little finger was pinched between the rod and boom frame.

October 23, 2009 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Brooks Run Mining Company LLC · Caught in, under or between a moving and a stationary object

Drove through fly pad & leg got caught & bent back and broke them.

March 11, 2009 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

An un-intentional roof fall occurred in the LOB intersection of #5 face & LOB left. The LOB spad # was 1925 and this was 2 crosscuts inby the feeder located in the #4 entry @ spad 1909. The area was supported with 4' resin bolts, and 6' torque tension bolts. The fall measured approximately 20' wide x 30' long x 6' thick. It will not be cleaned up.

February 24, 2009 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss EXPLODING VESSELS UNDER PRESSURE
Brooks Run Mining Company LLC · Struck by flying object

Employee had changed the coupling on the waterline. When the water was turned back on, the pipe blew apart. A piece of the line struck him on the right hand.

2008 · 7 incidents

October 26, 2008 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Struck by falling object

Working on the #5 belt, putting in stands after all stands were put in, EE was resting hand on stand when a rock fell from top, broke EE's wrist and thumb.

October 9, 2008 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Brooks Run Mining Company LLC · Caught in, under or between a moving and a stationary object

EMPLOYEE WAS ASSISSTING IN REMOVING A ROCK FROM OFF OF MINER CAT PADS. WHEN THE ROCK SLID OFF THE PAD IT CAUGHT HIS HAND BETWEEN THE ROCK AND THE MINE ROOF IN LOW COAL. EMPLOYEE BEGAN RESTRICTED WORK DUTY ON 10/10/2008.

October 6, 2008 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Brooks Run Mining Company LLC · Over-exertion in pulling or pushing objects

Employee was moving miner cable that was stuck in mud. He jerked on cable to free it from the mud and felt a pain in his lower back. Employee works a 4 x 2 schedule and became restricted duty on 10/10/08.

July 20, 2008 WV · Coal utility man, errand boy, service truck operator HANDLING OF MATERIALS
Brooks Run Mining Company LLC · Over-exertion in pulling or pushing objects

EMPLOYEE WAS PULLING MINER CABLE OUT OF ROADWAY AND FELT PAIN IN HIS LOWER BACK. BEGAN TO BE RESTRICTED DUTY ON 07-24-08.

June 1, 2008 WV · Coal FALL OF ROOF OR BACK
Brooks Run Mining Company LLC · Accident type, without injuries

A roof fall above the anchorage zone of the bolts occurred in the No. 2 face of the 001 section. The fall was approximately 20' from the unbolted face and measured about 20' wide x 15' long x 4' high in the bolted area. No injuries or damage to equipment resulted from this event.

May 14, 2008 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDTOOLS (NONPOWERED)
Brooks Run Mining Company LLC · Struck against stationary object

EMPLOYEE WAS TIGHTENING A BOLT UP ON A MEFCORE SWITCH AND THE CHANNEL LOCKS BEING USED SLIPPED CAUSING HIS HAND TO IMPACT A PIECE OF METAL CAUSING A LACERATION TO HIS RIGHT HAND. EMPLOYEE WORKS A 4 ON 2 0FF CYCLE AND DID NOT MISS ANY WORK.

2007 · 1 incident

November 11, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Brooks Run Mining Company LLC · Over-exertion in pulling or pushing objects

Employee was installing a roof bolt. He bent the bolt and inserted it into the drill hole. When he pushed on the bolt to straighten it up, he felt a sharp pain in his left side and shoulder.