Mining Incidents

No. 39 Mine Coal

Controlled by James C Justice II
Keystone, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4608990

No. 39 Mine has $40K in proposed MSHA penalties and $5K outstanding across 15 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
12
Years on record
2003–2011
Latest incident
Nov 2011
Compliance record
MSHA citations since 2003
127
citations
66
significant & substantial
$39,533
proposed penalties
$27,776
paid to date
70% of proposed penalties paid to date, a $11,757 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2003
43
inspections on record
1,420
inspection hours
8.9
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.
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.
As of the most recent assessment on 2013-06-25.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.

MSHA sampling at No. 39 Mine shows respirable coal dust averaging 0.16 mg/m3 (100% compliant) across 53 samples.

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.
0.16
dust avg (mg/m3)
0.73
dust max (mg/m3)
100%
within 1.5 mg/m3
53
samples
Most recent sample: 2013-04-10.
Noise
0%
over PEL
29
samples
Most recent sample: 2010-02-17.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
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 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 4 3 260.8
2011 Q4 22,023 0 0 0.0
2011 Q3 7,878 1 0 126.9
2011 Q2 0 10 8
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 6 1 190.0
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 6 2 4444.4
2008 Q3 1,616 0 0 0.0
2008 Q2 1,257 8 6 6364.4
2008 Q1 0 5 3
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 19 14 1319.6
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 7 3 198.5
2004 Q1 19,590 20 16 1020.9
2003 Q4 25,537 0 0 0.0
2003 Q3 13,010 7 5 538.0
2003 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

12 on file

2011 · 1 incident

November 3, 2011 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Bluestone Coal Corporation · Struck by... (Not Elsewhere Classified)

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, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Bluestone Coal Corporation · Rubbed or abraded

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, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech STRIKING OR BUMPING
Bluestone Coal Corporation · Struck against stationary object

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.

March 20, 2010 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

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.

2009 · 1 incident

August 29, 2009 WV · Coal FIRE
Bluestone Coal Corporation · Accident type, without injuries

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, 2005 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator MACHINERY
Bluestone Coal Corporation · Struck against a moving object

PICKED UP EE AT END OF SHIFT. EE COMPLAINED SAYING BACK HURT DUE TO THE ROCKING OF HOE(MACHINE)

2004 · 4 incidents

July 3, 2004 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 WAS DRIVING ON CUSTOMER'S HAUL ROAD WHEN HE HIT A LARGE HOLE IN THE ROAD CAUSING HIS HEAD TO HIT THE CAB OF THE TRUCK.

June 23, 2004 WV · Coal shopman repair cars, mechanic POWERED HAULAGE
Bluestone Coal Corporation · Struck against a moving object

EE WAS DRIVING DOWN THE HAUL ROAD TO THE MINE WHEN THE VEHICLE WENT INTO A POTHOLE CAUSING THE EE TO JERK AND BOUNCE IN THE FIELD SERVICE VEHICLE.

June 11, 2004 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Bluestone Coal Corporation · Struck by falling object

Ee was under D11R inspecting roller and idler cap when debris fell into eye.

May 7, 2004 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Bluestone Coal Corporation · Struck against a moving object

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, 2003 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
Bluestone Coal Corporation · Over-exertion (Not Elsewhere Classified)

EMPLOYEE STATES THAT AFTER LOADING A HOLE HE TURNED TO LOAD THE NEXT ONE AND STEPPED IN A RUT MADE BY A TRUCK. HE FELT PAIN IN HIS BACK.

For insurers, brokers, and safety consultants

The full compliance file on No. 39 Mine

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.