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.
127 citations across 1,420 inspection hours.
Source: MSHA inspections data, updated weekly.
No. 39 Mine has $40K in proposed MSHA penalties and $5K 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.
$40K
proposed penalties
$33K
current assessed
$28K
paid to date
$5K
outstanding
126 assessments are final orders; 15 contested dockets.
Of $23K in penalties contested before the Commission, $16K was upheld in final decisions.
As of the most recent assessment on 2013-06-25.
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.
40citations taken to the federal commission · 31% of citations on record
Settled
36 · 90%
Stood as issued
4 · 10%
78%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 23 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$23K proposed, $16K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2013-08-22.
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. 39 Mine shows 100% of 53 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: 2013-04-10, 13 years ago
100%
within 1.5 mg/m3
53
samples
0.73
dust max (mg/m3)
53 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
HIGHLIFT OPERATOR/FRONT END LOADER16
HIGHWALL DRILL OPERATOR13
BULLDOZER OPERATOR12
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. 39 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
3.25
3.25
0.000
2009 *
0.00
0.00
0.000
2007 *
0.00
0.00
0.000
2005 *
4.96
4.96
0.000
2004 *
2.07
2.07
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)
2020
0
2019
0
2018
0
2017
0
2016
0
2015
3
2014
1
285
2013
6
14,118
2012
16
40,707
2011
15
62,162
2010
59
362,720
2009
32
155,311
2008
6
197,720
2007
10
23,169
2006
4
16,886
2005
19
113,630
2004
32
402,386
2003
17
105,856
Source: MSHA quarterly employment and production, updated weekly.
No. 39 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
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
2018 Q4
0
0
0
2018 Q3
0
0
0
2018 Q1
0
0
0
Show 58 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
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
2016 Q1
0
0
0
2015 Q4
0
0
0
2015 Q3
0
0
0
2015 Q2
110
0
0
0.0
2015 Q1
16
0
0
0.0
2014 Q4
23
0
0
0.0
2014 Q3
15
0
0
0.0
2014 Q2
0
0
0
2014 Q1
215
0
0
0.0
2013 Q4
1,012
0
0
0.0
2013 Q3
7,839
0
0
0.0
2013 Q2
2,030
2
1
985.2
2013 Q1
2,459
2
0
813.3
2012 Q4
1,292
0
0
0.0
2012 Q3
1,474
0
0
0.0
2012 Q1
15,339
3
2
195.6
2011 Q4
22,023
0
0
0.0
2011 Q3
7,878
1
0
126.9
2011 Q2
0
4
2
2011 Q1
741
0
0
0.0
2010 Q4
23,850
2
0
83.9
2010 Q3
33,091
0
0
0.0
2010 Q2
34,458
16
1
464.3
2010 Q1
31,578
5
1
158.3
2009 Q4
27,392
5
0
182.5
2009 Q3
19,513
0
0
0.0
2009 Q2
8,936
2
0
223.8
2009 Q1
7,078
0
0
0.0
2008 Q4
1,350
0
0
0.0
2008 Q3
1,616
0
0
0.0
2008 Q2
1,257
3
2
2386.6
2008 Q1
0
2
0
2007 Q4
0
0
0
2007 Q3
278
0
0
0.0
2007 Q2
1,422
0
0
0.0
2007 Q1
21,288
0
0
0.0
2006 Q4
3,650
0
0
0.0
2006 Q3
812
0
0
0.0
2006 Q2
776
0
0
0.0
2006 Q1
3,589
0
0
0.0
2005 Q4
8,273
0
0
0.0
2005 Q3
14,398
12
7
833.4
2005 Q2
9,516
0
0
0.0
2005 Q1
8,136
0
0
0.0
2004 Q4
18,864
0
0
0.0
2004 Q3
22,773
5
3
219.6
2004 Q2
35,257
6
2
170.2
2004 Q1
19,590
13
9
663.6
2003 Q4
25,537
0
0
0.0
2003 Q3
13,010
4
4
307.5
2003 Q2
0
0
0
No fatalities recorded at this mine.
Reportable incidents
12 on file
2011 · 1 incident
November 3, 2011WV · Coallaborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitmanHANDLING OF MATERIALS
Preparing rod remove & install cutting edge. Operator engaged blade down causing crib block to flip up and strick employee on upper right side of the nose causing a laceration
2010 · 4 incidents
June 9, 2010WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techHANDLING OF MATERIALS
Installing injector on 980H loader and adjusting valves. It was raining and ee wiped his face and glasses off with paper towel. Foreign body entered eye. Treated with opthamologist and given Rx.
May 7, 2010WV · Coalmaintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service techSTRIKING OR BUMPING
Technician was repairing D11; while using air hose, draped it over handrail of machine; turned around and when he turned back around hit mouth/teeth on air hose, breaking left canine tooth.
EE reported on 3/29/10 that on 3/20/10 while getting on the dozer he pulled a muscle on his back. EE stated that he did not report the accident at the time because he was going to treat the injury his self. On 3/22/10 he went to Cline Chiropractic for treatment.
A small fire occurred on the tail pulley of the waste belt. The fire took more than 30 min. to extinguish due to limited access. The fire caused minor damage to belt conveyor and hyd. hoses. No injuries resulted from the fire.
2005 · 1 incident
February 23, 2005WV · Coalfront-end loader, scraper-loader operator, pan operator, payloader, scraper rig operatorMACHINERY
WHILE PUSHING ROCK OUT OF NO. 12 COAL SEAM PIT, EE TRAMMED A CAT. D-11R DOZER OVER THE HIGHWALL. (DOZER FELL 120 FEET INTO SOFT MATERIAL; EE WAS NOT THROWN FROM CAB. SEATBELT CAUSED BRUISING TO HIP.)
2003 · 1 incident
September 29, 2003WV · Coalblaster, shooter, shotfirer, explosive worker, powder gang/monkeySLIP OR FALL OF PERSON