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: 715 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 3 Miner has $355K in proposed MSHA penalties and $2K outstanding across 15 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.
$355K
proposed penalties
$151K
current assessed
$149K
paid to date
$2K
outstanding
52 assessments are final orders; 15 contested dockets.
Of $387K in penalties contested before the Commission, $150K was upheld in final decisions.
As of the most recent assessment on 2012-03-29.
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.
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.
49citations taken to the federal commission · 88% of citations on record
Settled
40 · 82%
Stood as issued
1 · 2%
Vacated or withdrawn
8 · 16%
67%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 36 decided S&S contests · industry: 79%
61%
Penalty reduction in decided contests
$388K proposed, $150K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2012-06-11.
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.
MSHA sampling at No 3 Miner shows 100% of 25 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: 2012-03-29, 14 years ago
100%
within 1.5 mg/m3
25
samples
0.78
dust max (mg/m3)
25 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
AUGER OPERATOR5
FORKLIFT OPERATOR5
HIGHLIFT OPERATOR/FRONT END LOADER5
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.
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.
No 3 Miner recorded 5.48 reportable injury cases per 100 full-time workers in 2010.
Injury rate, 2010
ⓘ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.
5.48
total case rate
5.48
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 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
2010 *
5.48
5.48
0.000
2008 *
9.16
9.16
0.000
2007 *
21.78
21.78
0.000
2006 *
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.
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)
2012
0
2011
0
2010
32
43,570
2009
9
2008
19
2,335
2007
16
52,052
2006
7
32,652
2005
18
20,460
Source: MSHA quarterly employment and production, updated weekly.
No 3 Miner 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
2012 Q2
0
0
0
2012 Q1
0
5
2
2011 Q4
0
0
0
2010 Q4
15,153
0
0
0.0
2010 Q3
19,641
3
2
152.7
2010 Q2
16,171
0
0
0.0
2010 Q1
22,061
1
0
45.3
2009 Q4
0
1
0
Show 16 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2009 Q3
0
1
0
2009 Q2
9,594
1
0
104.2
2009 Q1
8,948
0
0
0.0
2008 Q4
8,165
3
3
367.4
2008 Q3
14,463
8
5
553.1
2008 Q2
8,065
0
0
0.0
2008 Q1
12,984
18
11
1386.3
2007 Q4
14,159
0
0
0.0
2007 Q3
8,987
9
1
1001.4
2007 Q2
3,937
0
0
0.0
2007 Q1
471
2
1
4246.3
2006 Q4
7,409
0
0
0.0
2006 Q3
6,018
1
0
166.2
2006 Q2
0
0
0
2006 Q1
6,873
1
1
145.5
2005 Q4
7,702
2
0
259.7
No fatalities recorded at this mine.
Reportable incidents
7 on file
2010 · 2 incidents
July 12, 2010WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDTOOLS (NONPOWERED)
Walking off push beam in table, put his left hand on table for balance. When he stepped off push beam a piece of metal broke off in employee's left palm.
June 21, 2008WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS