Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
English Español
← Back to search

No 34 Mine: 251 MSHA citations Coal

Controlled by James C Justice II
Pineville, Wyoming County, WV  ·  Abandoned
MSHA Mine ID: 4608684

No 34 Mine has $297K in proposed MSHA penalties and $4K outstanding across 26 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No 34 Mine.

Fatalities
0
Total incidents
21
Years on record
1998–2012
Latest incident
Apr 2012
Compliance record
MSHA citations since 2000
251
citations
102
significant & substantial
$296,694
proposed penalties
$115,311
paid to date
39% of proposed penalties paid to date, a $181,383 gap.
Source: MSHA violations data, updated weekly.
See Bluestone Coal Corporation's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
61
inspections on record
1,957
inspection hours
12.8
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.
251 citations across 1,957 inspection hours.
Source: MSHA inspections data, updated weekly.

No 34 Mine has $297K in proposed MSHA penalties and $4K outstanding across 26 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.
$297K
proposed penalties
$119K
current assessed
$115K
paid to date
$4K
outstanding
247 assessments are final orders; 26 contested dockets.
Of $279K in penalties contested before the Commission, $99K was upheld in final decisions.
As of the most recent assessment on 2011-10-18.
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.
41.1%
significant & substantial
10.9%
high negligence or reckless
41.9%
reasonably likely or greater
26.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.8% none, 31.5% low, 56.9% moderate, 10.9% 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.
132 citations taken to the federal commission · 53% of citations on record
  • Settled 121 · 92%
  • Stood as issued 5 · 4%
  • Vacated or withdrawn 6 · 5%
74%
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 69 decided S&S contests · industry: 79%
65%
Penalty reduction in decided contests
$279K proposed, $99K 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 2011-12-27.
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 2009-429 Settlement Barbour 2010 $72K → $24K
WEVA 2009-313 Settlement Bulluck 2010 $44K → $638
WEVA 2009-1061 Settlement Lesnick 2010 $40K → $18K
WEVA 2008-738 Settlement Melick 2010 $36K → $18K
WEVA 2009-1673 Settlement Sippel 2013 $13K → $3K
WEVA 2009-1062 Settlement Gill 2011 $9K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 34 Mine shows 100% of 92 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: 2011-01-13, 15 years ago
100%
within 1.5 mg/m3
92
samples
0.85
dust max (mg/m3)
85 samples taken by MSHA inspectors, 7 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR40
  • HIGHWALL DRILL OPERATOR22
  • HIGHLIFT OPERATOR/FRONT END LOADER17

Silica (quartz)

Last sampled: 2007-10-02, 18 years ago
24.9
silica avg (%)
4
samples
35.4
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR3
  • BULLDOZER OPERATOR1
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: 2011-01-11, 15 years ago
3%
over PEL
34
samples
Most-sampled occupations
  • BULLDOZER OPERATOR9
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • HIGHLIFT OPERATOR/FRONT END LOADER7
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
2011 100% 5
2010 100% 5
2009 100% 10
2008 100% 9
2007 100% 5
2006 100% 2
2005 100% 3
2004 100% 6
2003 100% 5
2002 100% 10
2001 100% 6
2000 100% 26
Silica (quartz) by year
Year silica avg (%) samples
2007 35.4 1
2002 21.4 2
2000 21.3 1
Noise by year
Year over PEL samples
2011 0% 5
2009 0% 10
2008 0% 4
2005 0% 3
2004 0% 5
2003 50% 2
2000 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 34 Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2011.

Injury rate, 2011
ⓘ 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 3.83 and the all-US-mining average was 3.08 cases per 100 workers.
In West Virginia, coal mining averaged 4.45 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
2011 * 0.00 0.00 0.000
2010 * 6.60 4.40 0.000
2009 * 0.00 0.00 0.000
2008 0.00 0.00 0.000
2007 * 13.68 13.68 0.000
2004 * 9.17 9.17 0.000
2002 * 3.81 3.81 0.000
2001 * 3.22 3.22 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. Bluestone Coal Corporation 1997 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)
2018 0
2017 0
2016 0
2015 1
2014 1
2013 0
2012 1 131
2011 21 95,714
2010 43 163,542
2009 31 166,363
2008 46 315,539
2007 24 184,979
2006 2
2005 4 5,603
2004 22 298,999
2003 2 21,625
2002 17 270,531
2001 22 286,811
2000 29 583,392
Source: MSHA quarterly employment and production, updated weekly.

No 34 Mine 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
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 0 0 0
2016 Q2 0 0 0
Show 65 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 30 0 0 0.0
2015 Q1 4 0 0 0.0
2014 Q4 122 0 0 0.0
2014 Q3 98 0 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 217 0 0 0.0
2012 Q3 0 0 0
2012 Q2 185 0 0 0.0
2012 Q1 574 0 0 0.0
2011 Q4 1,618 4 0 2472.2
2011 Q3 12,514 0 0 0.0
2011 Q2 16,954 0 0 0.0
2011 Q1 18,688 8 2 428.1
2010 Q4 23,489 6 1 255.4
2010 Q3 24,903 3 1 120.5
2010 Q2 24,740 5 0 202.1
2010 Q1 17,826 0 0 0.0
2009 Q4 18,112 9 3 496.9
2009 Q3 13,871 0 0 0.0
2009 Q2 14,019 0 0 0.0
2009 Q1 19,219 20 5 1040.6
2008 Q4 33,136 0 0 0.0
2008 Q3 25,086 21 10 837.1
2008 Q2 21,976 0 0 0.0
2008 Q1 25,612 30 12 1171.3
2007 Q4 15,799 0 0 0.0
2007 Q3 15,422 35 15 2269.5
2007 Q2 9,471 1 0 105.6
2007 Q1 3,167 0 0 0.0
2006 Q4 947 0 0 0.0
2006 Q3 1,036 4 2 3861.0
2006 Q2 925 0 0 0.0
2006 Q1 1,011 0 0 0.0
2005 Q4 1,550 1 0 645.2
2005 Q3 1,585 0 0 0.0
2005 Q2 2,194 5 1 2278.9
2005 Q1 3,035 0 0 0.0
2004 Q4 5,981 2 1 334.4
2004 Q3 11,442 2 1 174.8
2004 Q2 16,682 14 8 839.2
2004 Q1 9,505 0 0 0.0
2003 Q4 1,775 0 0 0.0
2003 Q3 1,558 0 0 0.0
2003 Q2 0 0 0
2003 Q1 754 1 1 1326.3
2002 Q4 9,301 0 0 0.0
2002 Q3 13,663 1 1 73.2
2002 Q2 15,463 7 2 452.7
2002 Q1 14,016 5 1 356.7
2001 Q4 19,828 0 0 0.0
2001 Q3 12,883 0 0 0.0
2001 Q2 13,512 2 1 148.0
2001 Q1 15,831 1 0 63.2
2000 Q4 18,928 4 0 211.3
2000 Q3 15,274 0 0 0.0
2000 Q2 20,217 1 1 49.5
2000 Q1 17,705 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2012 · 1 incident

April 11, 2012 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

EE was operating a dozer (back blading) in a reclaim. area when he trammed over a section of shale rock causing him to be bounced in the cab jarring his neck and back. Lost work days due to the injury began on 5/1/12.

2010 · 4 incidents

July 24, 2010 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

Employee stated that while having his truck loaded, the loader operator dropped a big rock into the truck bed causing him to be jarred.

June 6, 2010 WV · Coal welder (shop) HANDTOOLS (NONPOWERED)
Bluestone Coal Corporation · Struck by... (Not Elsewhere Classified)

Installing liner on D11R, using metal blocks to hold liner in place while welding. Using a 20 lb sledge hammer to remove the block, hammer slipped and hit employee in left lower leg causing contusion.

April 16, 2010 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

Employee was pushing in a shot when the dozer he was operating went over a rock. Employee stated that he was jarred.

March 29, 2010 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

EE was operating a front end loader and was picking up a rock with the end loader the rock fell out of the bucket and caused the rear of the loader to fall down. This jarred the EE causing him to have pain in his lower back.

2007 · 3 incidents

October 6, 2007 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

Employee stated that while chopping coal with the loader that he injured his back.

October 3, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

Employee left a message on voice mail 10/3/07 that he may not work the next day. A message was left on 10/4/07 that he had been scheduled for an MRI on his back. Emoloyee operates a D-10 Cat Dozer.

September 5, 2007 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

Employee stated that while operating a rock truck, he was bounced and hit his head on the cab of the truck. Employee stated he was wearing seat belt.

2004 · 5 incidents

September 13, 2004 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

EMPLOYEE STATED THAT WHILE TRAMMING THE LOADER INTO THE PIT, HE RAN INTO A ROCK ON THE BOTTOM OF THE PILE OF SHOT ROCK. THE EMPLOYEE STATED THAT THIS JARRED HIS BACK AND NECK.

August 4, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

Pulled the bulk truck onto a shot, stepped down out of the truck, stepped in a hole, twisted right knee & struck left knee on the side of the truck

July 7, 2004 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Bluestone Coal Corporation · Absorption of radiations, caustics, toxic and noxious substances

Bee sting on right index finger

June 28, 2004 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey HANDLING OF MATERIALS
Bluestone Coal Corporation · Over-exertion in lifting objects

Was loading wet bags, went to pick one off the ground & back went out.

April 14, 2004 WV · Coal pumper HANDLING OF MATERIALS
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

EE WAS STANDING OUTSIDE OF PICK UP TRUCK. HE REACHED ACROSS SEAT TO RUN UP THE RADIO AND FELT PAIN IN HIS LOWER BACK.

2002 · 1 incident

May 14, 2002 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

EE STATED THAT HE HAD BEEN HAVING PAIN IN HIS RT. SHOULDER AND ELBOW. DR. ADVISED HIM THAT HITS WAS CAUSED OPERATING CONTROLS OF DOZER.

2001 · 2 incidents

December 10, 2001 WV · Coal truck driver SLIP OR FALL OF PERSON
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

EMPLOYEE STATES TWISTING FUEL CAP OFF TANKER, TANKER WAS TIGHT AND CAME LOOSE QUICKL. TWISTED LEFT SHOULDER AND LOST BALANCE, ALMOST FALLING.

May 7, 2001 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

EE RAN OVER A LARGE ROCK. HE SAID WHEN THE DOZER CAME DOWN IT JARRED HIS BACK. I HAVE BEEN TRYING TO CONTACT EE AND HE'S BEEN UNAVAILABLE.

2000 · 2 incidents

October 24, 2000 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

EE WAS LOADING ROCK WITH FRONT END LOADER. EE STATED THAT WHILE TURNING END-LOADER, THE BUCKET STRUCK A LARGE ROCK. THIS CAUSED HIM TO BE "JARRED" IN THE CAB TWISTING HIS BACK.

June 10, 2000 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Bluestone Coal Corporation · Caught in, under or between a moving and a stationary object

SOCKET LOOSE ON IMPACT HAMMER, AND SMACKED BUMPER TO SEAT AND CAUGHT RH FINGER ON BUMPER WHEN SEAT SOCKET. RIGHT HAND 2ND FINGER.

1999 · 2 incidents

December 1, 1999 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Bluestone Coal Corporation · Fall to the walkway or working surface

EE WAS WALKING FROM HIS TRUCK TO THE MINE OFFICE. WHEN HE STEPPED ON A ROCK AND SLIPPED. THIS CAUSED HIM TO PULL A MUSCLE IN HIS BACK.

March 8, 1999 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Bluestone Coal Corporation · Over-exertion in lifting objects

WAS WORKING AT BLUESTONE COAL CORP. IN MCDOWELL CO AT KEYSTONE, WV FELT PAIN IN LOWER BACK WHILE LIFTING A BAG OF MULCH

1998 · 1 incident

March 9, 1998 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman FALLING/SLIDING/ROLLING MATERIALS
Bluestone Coal Corporation · Struck by falling object

EE WAS UNDER RISH EQUIP. TRK TO BEAT A TIRE LOOSE. THE TRUCK WAS NOT PROPERLY SECURED OR BLOCKED. THE TRUCK WAS RAISED WITH A PORTA-POWER JACK. ONE OF THE REAR DUAL TIRES WAS REMOVED. WHEN THE INSIDE TIRE WAS KNOCKED LOOSE, THE TRUCK CREELED OFF THE JACK. INJURING EE.