Mining Incidents

No. 37 Mine: 120 MSHA citations Coal

Top Notch Enterprises · Underground
Controlled by MELISSA CLINE
Kimball, Mcdowell County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4607375

No. 37 Mine has $18K in proposed MSHA penalties and $9K outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
1994–2000
Latest incident
Nov 2000
Compliance record
MSHA citations since 2000
120
citations
28
significant & substantial
$17,517
proposed penalties
$8,559
paid to date
49% of proposed penalties paid to date, a $8,958 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
53
inspections on record
1,153
inspection hours
10.4
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.
120 citations across 1,153 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 37 Mine has $18K in proposed MSHA penalties and $9K outstanding across 0 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.
$18K
proposed penalties
$18K
current assessed
$9K
paid to date
$9K
outstanding
117 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2003-06-11.
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.
23.9%
significant & substantial
16.2%
high negligence or reckless
23.9%
reasonably likely or greater
47.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.1% low, 72.6% moderate, 16.2% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at No. 37 Mine shows 90% of 143 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: 2003-05-28, 23 years ago
90%
within 1.5 mg/m3
143
samples
4.75
dust max (mg/m3)
66 samples taken by MSHA inspectors, 77 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR83
  • ROOF BOLTER (SINGLE HEAD)10
  • TRACTOR OPERATOR/MOTORMAN7

Silica (quartz)

Last sampled: 2000-12-14, 25 years ago
3.6
silica avg (%)
6
samples
5.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6

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: 2002-12-10, 23 years ago
0%
over PEL
9
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2
  • ROOF BOLTER (SINGLE HEAD)2
  • TRACTOR OPERATOR/MOTORMAN2
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
2003 93% 27
2002 97% 33
2001 88% 16
2000 85% 67
Noise by year
Year over PEL samples
2002 0% 4
2000 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 37 Mine recorded 28.65 reportable injury cases per 100 full-time workers in 2000.

Injury rate, 2000
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.
28.65
total case rate
28.65
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 7.74 and the all-US-mining average was 5.64 cases per 100 workers.
In West Virginia, coal mining averaged 8.87 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.
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. Simpson & Lester Coals Inc 1987 to 1994
  2. Rwj Mining Inc 1994 to 1999
  3. R W J Mining Inc 1999 to 2001
  4. ALBATROSS MINING CORP 2001 to 2001
  5. Top Notch Enterprises 2001 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)
2002 12 13,030
2001 6 33,858
2000 14 79,103
Source: MSHA quarterly employment and production, updated weekly.

No. 37 Mine 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
2002 Q4 4,129 3 0 726.6
2001 Q3 0 0 0
2001 Q2 1,600 4 0 2500.0
2001 Q1 4,928 12 2 2435.1
2000 Q4 6,439 20 6 3106.1
2000 Q3 7,320 16 3 2185.8
2000 Q2 6,947 18 3 2591.0
2000 Q1 7,222 12 6 1661.6
No fatalities recorded at this mine.

Reportable incidents

14 on file

2000 · 4 incidents

November 21, 2000 WV · Coal section foreman, bullgang foreman, labor foreman, leadman, shift boss POWERED HAULAGE
R W J Mining Inc · Caught in, under or between two or more moving objects

EMPLOYEE WAS WORKING ON BELT DRIVE WHEN A BELT CHAIN WRAPPED AROUND HIS THUMB.

September 25, 2000 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) HANDLING OF MATERIALS
R W J Mining Inc · Over-exertion in pulling or pushing objects

EMPLOYEE STATED THAT WHILE BENDING A ROOF BOLT, HE PULLED A MUSCLE IN HIS LOWER BACK.

June 16, 2000 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
R W J Mining Inc · Over-exertion in lifting objects

EMPLOYEE WAS LIFTING BELT WHEN HE STATED THAT HEINJURED HIS LOWER BACK.

February 4, 2000 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
R W J Mining Inc · Struck by falling object

EE WAS BOLTING TOP WHEN A PIECE OF DRAW ROCK MEASURING 2' X 2' X 3" FELL BETWEEN ROOF BOLTS AND STRUCK EMPLOYEE ON LEFT SHOULDER.

1999 · 3 incidents

June 15, 1999 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
R W J Mining Inc · Struck by... (Not Elsewhere Classified)

FRONT END LOADER WOULDN'T CRANK. WHILE I WAS ATTEMPTING TO FREE STARTER BY TURNING THE FAN BLADES, THE ENGINE FIRED CAUSING THE FAN BLADES TO CUT MY HAND.

January 28, 1999 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
R W J Mining Inc · Struck against a moving object

EMPLOYEE STATED THAT WHILE OPERATING A SHUTTLE CAR HE BOUNCED AND HURT HIS LOWER BACK. THE EMPLOYEE WORKED THE REMAINDER OF THE SHIFT.

1998 · 1 incident

July 23, 1998 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rwj Mining Inc · Struck by falling object

ROCK FELL BETWEEN ATRS AND ROOF BOLT HITTING ON HEAD.

1997 · 2 incidents

July 10, 1997 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Rwj Mining Inc · Over-exertion in lifting objects

INJURED WAS REPAIRING A HYDRAULIC PUMP ON A SHUTTLE CAR WHEN HE FELT A PAIN NEAR THE CENTER LOWER BACK.

February 17, 1997 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Rwj Mining Inc · Over-exertion (Not Elsewhere Classified)

REMOVING ROCK FROM THE TAILPIECE, RIGHT FOOT SLIPPED AND TWISTED ANKLE.

1996 · 3 incidents

May 30, 1996 WV · Coal continuous miner operator, coal mole operator MACHINERY
Rwj Mining Inc · Over-exertion (Not Elsewhere Classified)

THE MINER OPERATOR PULLED A MUSCLE IN THE GROIN AREA ABOUT 1:00 PM 5-30-96. HE FINISHED THE SHIFT AND 6-3-96 TO REPORT THAT HE COULD NOT REPORT FOR WORK.

April 18, 1996 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider ELECTRICAL
Rwj Mining Inc · Flash burns (electric)

THE INJURED WAS TROUBLE SHOOTING THE POWER CENTER WHEN AN ELECTRICAL ARC WAS PRODUCED BURNING HIS RIGHT HAND.

January 9, 1996 WV · Coal FALL OF ROOF OR BACK
Rwj Mining Inc · Accident type, without injuries

AN UNINTENTIONAL ROOF FALL OCCURRED 2 BKS UNDERGROUND IN THE NO. 4 ENTRY. NO EQUIPMENT INVOLVED, DID NOT AFFECT VENTILATION, NO INJURY OCCURRED. FOUR FOOT CONVENTIONAL BOLTS WERE SOLE SUPPOR T. FALL SIZE 20'X 20'X 5'H. DOESN'T NEED TO BE CLEANED UP.

1994 · 1 incident

July 16, 1994 WV · Coal continuous miner operator, coal mole operator HANDTOOLS (NONPOWERED)
Rwj Mining Inc · Struck by flying object

MAN WAS STRIKING METAL WITH HAMMER. PIECE OF METAL FLE WOFF HITTING MAN IN HAND.