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No. 3-A Mine: 215 MSHA citations Coal

Active Resources, Inc. · Underground
Controlled by Jon Nix
Gilbert, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609279

No. 3-A Mine has $71K in proposed MSHA penalties and $2K outstanding across 20 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
21
Years on record
2009–2016
Latest incident
Apr 2016
Compliance record
MSHA citations since 2008
215
citations
32
significant & substantial
$71,032
proposed penalties
$56,229
paid to date
79% of proposed penalties paid to date, a $14,803 gap.
Source: MSHA violations data, updated weekly.
See Active Resources, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2008
51
inspections on record
2,168
inspection hours
9.9
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.
215 citations across 2,168 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 3-A Mine has $71K in proposed MSHA penalties and $2K outstanding across 20 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.
$71K
proposed penalties
$58K
current assessed
$56K
paid to date
$2K
outstanding
213 assessments are final orders; 20 contested dockets.
Of $54K in penalties contested before the Commission, $40K was upheld in final decisions.
As of the most recent assessment on 2016-04-27.
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.
15.0%
significant & substantial
0.9%
high negligence or reckless
17.8%
reasonably likely or greater
28.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.9% none, 25.4% low, 72.8% moderate, 0.9% 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.
97 citations taken to the federal commission · 45% of citations on record
  • Settled 92 · 95%
  • Vacated or withdrawn 5 · 5%
53%
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 49 decided S&S contests · industry: 79%
26%
Penalty reduction in decided contests
$54K proposed, $40K 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 2013-08-07.
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 2013-737 Settlement Simonton 2013 $19K → $15K
WEVA 2012-697 Settlement Steele 2012 $6K → $4K
WEVA 2010-762 Settlement Steele 2012 $4K → $3K
WEVA 2010-1308 Settlement Feldman 2012 $4K → $3K
WEVA 2010-406 Settlement Gill 2011 $3K → $3K
WEVA 2013-1205 Settlement Lesnick 2014 $3K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 3-A Mine shows 97% of 316 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: 2013-06-14, 13 years ago
97%
within 1.5 mg/m3
316
samples
2.93
dust max (mg/m3)
145 samples taken by MSHA inspectors, 171 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR174
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)42
  • ROOF BOLTER (SINGLE HEAD)35

Silica (quartz)

Last sampled: 2011-05-16, 15 years ago
5.5
silica avg (%)
8
samples
10.9
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR7
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: 2011-12-06, 14 years ago
0%
over PEL
30
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)11
  • ROOF BOLTER (SINGLE HEAD)8
  • 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
2013 100% 21
2012 96% 26
2011 99% 108
2010 97% 113
2009 94% 48
Silica (quartz) by year
Year silica avg (%) samples
2011 4.0 2
2010 4.8 4
2009 8.2 2
Noise by year
Year over PEL samples
2011 0% 11
2010 0% 5
2009 0% 14
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 3-A Mine recorded 0.00 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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below 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 * 0.00 0.00 0.000
2011 10.67 6.10 0.000
2010 6.92 1.73 0.000
2009 * 18.19 9.10 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. Hampden Coal Company, LLC 2008 to 2008
  2. Rockhouse Creek Development LLC 2008 to 2014
  3. Hampden Coal LLC 2014 to 2023
  4. Active Resources, Inc. 2023 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 1
2015 2 4,205
2014 1 1,487
2013 13 4,872
2012 23 33,732
2011 56 216,452
2010 51 224,630
2009 27 86,559
2008 6 2,000
Source: MSHA quarterly employment and production, updated weekly.

No. 3-A 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
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
Show 40 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
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
2016 Q3 24 0 0 0.0
2016 Q2 3,252 2 0 615.0
2016 Q1 0 1 0
2015 Q4 0 1 0
2015 Q3 0 0 0
2015 Q2 171 0 0 0.0
2015 Q1 4,308 4 0 928.5
2014 Q4 1,532 0 0 0.0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 1 0
2013 Q3 0 0 0
2013 Q2 4,042 8 0 1979.2
2013 Q1 15,324 17 3 1109.4
2012 Q4 13,664 16 0 1171.0
2012 Q3 1,375 0 0 0.0
2012 Q2 0 0 0
2012 Q1 11,411 2 1 175.3
2011 Q4 32,471 43 7 1324.3
2011 Q3 32,512 9 3 276.8
2011 Q2 34,534 11 0 318.5
2011 Q1 31,693 9 2 284.0
2010 Q4 26,904 8 1 297.4
2010 Q3 28,032 9 3 321.1
2010 Q2 31,008 19 2 612.7
2010 Q1 29,640 20 5 674.8
2009 Q4 23,214 28 4 1206.2
2009 Q3 18,823 6 1 318.8
2009 Q2 208 0 0 0.0
2009 Q1 1,731 0 0 0.0
2008 Q4 3,888 1 0 257.2
2008 Q3 2,100 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2016 · 1 incident

April 15, 2016 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Hampden Coal LLC · Over-exertion (Not Elsewhere Classified)

INJURED WAS CUTTING A ROCK BOX OFF OF TAILPIECE. THE SIDE OF TAILPIECE FLIPPED UP PUSHING INJURED BACK. MOVING BACKWARD, SPRAINED LEFT ANKLE.

2015 · 1 incident

January 2, 2015 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss HANDLING OF MATERIALS
Hampden Coal LLC · Over-exertion in pulling or pushing objects

Injured was pulling cable for a belt drive and strained his back. Injured did not quit work at this time. Injured quit work on 02/06/2015

2014 · 1 incident

October 22, 2014 WV · Coal FALL OF ROOF OR BACK
Hampden Coal LLC · Accident type, without injuries

An unplanned roof fall has occurred in the No.7 entry one crosscut outby survey spad No 756, the fall measures 70' long, 20' wide and 5' high cribs have been installed to prevent access into the fall area. The fall does not affect ventilation or impede travel in this area.

2011 · 9 incidents

November 30, 2011 WV · Coal FALL OF ROOF OR BACK
Rockhouse Creek Development LLC · Accident type, without injuries

There has been a fall found 1 break outby survey station No. 880. This fall does not impede travel or effect the course of air therefore the fall will be cribbed and dangered off.

November 8, 2011 WV · Coal continuous miner operator, coal mole operator FALL OF ROOF OR BACK
Rockhouse Creek Development LLC · Struck by falling object

Waiting on a shuttle car when a piece of rock fell and hit him on the back of the neck and across his shoulders.

August 19, 2011 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Rockhouse Creek Development LLC · Struck against stationary object

The injured employee was operating a shuttle car and was traveling from the miner to the feeder. The injured employee stated that he hit a bump and the brakes locked up on the shuttle car ejecting him from the car.

August 8, 2011 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Rockhouse Creek Development LLC · Fall down stairs

The injured employee was coming down steps and his foot slipped resulting in him falling and hitting his back.

May 4, 2011 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Rockhouse Creek Development LLC · Caught in, under or between a moving and a stationary object

The injured employee was operating a Shuttle Car and was leaving the miner on his way back to the dumping point. He turned the corner and caught his hand in the rib.

March 15, 2011 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
Rockhouse Creek Development LLC · Struck by falling object

Cable was hanging from the top, something caused the cable to come lose. The cable struck the injured employee by hitting him in the chest and putting him on his back.

February 24, 2011 WV · Coal FALL OF ROOF OR BACK
Rockhouse Creek Development LLC · Accident type, without injuries

There has been a fall located 1 break inby survey station No. 776 in the No.4 to No.5 Entry. This fall did not impede travel. The fall has been cleaned up in accordance to the clean up plan.

2010 · 5 incidents

October 26, 2010 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Rockhouse Creek Development LLC · Struck against stationary object

Riding mac-8 inside, he was sitting on knees with back toward the top when a roof bolt hooked his bibs pulling him off the mac-8.

March 1, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Rockhouse Creek Development LLC · Caught in, under or between a moving and a stationary object

Employee was working on conveyor beltline using a lifting jack, jack slipped, catching right thumb between belt structure and jack.

March 1, 2010 WV · Coal FALL OF ROOF OR BACK
Rockhouse Creek Development LLC · Accident type, without injuries

An unplanned roof fall has occurred in the 3rd right sub-mains 1 crosscut inby survey spad 389, the fall does not impede travel or affect ventilation in this area. The fall measures 20 ft in length, 20 ft wide and 3/6 ft thick, the fall will not be cleaned up, all areas into the fall will be supported.

February 11, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Rockhouse Creek Development LLC · Caught in, under or between a moving and a stationary object

The employee was building cribs to set feeder & smashed right ring finger between crib block and feeder frame.

2009 · 4 incidents

October 15, 2009 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Rockhouse Creek Development LLC · Struck by flying object

Employee was operating a Fairchild 35c scoop, ran over roof bolts lying on mine floor, causing roof bolt to fly up striking employee in left eye.

September 9, 2009 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator STRIKING OR BUMPING
Rockhouse Creek Development LLC · Struck against stationary object

Employee was walking to face, struck roof bolt plate hanging down from mine roof, lacerating right shoulder.

August 20, 2009 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Rockhouse Creek Development LLC · Struck against stationary object

Employee was riding man trip underground, raised up, striking portal canopy.