Mining Incidents

No 4: 158 MSHA citations Coal

Laurel Creek Company Inc · Underground
Dingess, Mingo County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4608902

No 4 has $25K in proposed MSHA penalties and $0 outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
28
Years on record
2002–2007
Latest incident
May 2007
Compliance record
MSHA citations since 2002
158
citations
46
significant & substantial
$24,677
proposed penalties
$24,083
paid to date
98% of proposed penalties paid to date, a $594 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
54
inspections on record
2,618
inspection hours
6.0
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.
158 citations across 2,618 inspection hours.
Source: MSHA inspections data, updated weekly.

No 4 has $25K in proposed MSHA penalties and $0 outstanding across 2 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.
$25K
proposed penalties
$24K
current assessed
$24K
paid to date
$0
outstanding
151 assessments are final orders; 2 contested dockets.
Of $1K in penalties contested before the Commission, $774 was upheld in final decisions.
As of the most recent assessment on 2008-03-07.
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.
30.5%
significant & substantial
1.3%
high negligence or reckless
31.1%
reasonably likely or greater
8.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 2.6% low, 96.0% moderate, 1.3% 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.
5 citations taken to the federal commission · 3% of citations on record
  • Settled 1 · 20%
  • Stood as issued 4 · 80%
80%
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 5 decided S&S contests · industry: 79%
43%
Penalty reduction in decided contests
$1K proposed, $774 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 2008-01-30.
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 2008-504 Settlement Bulluck 2008 $745 → $151
WEVA 2006-855 Default Lesnick 2007 $623 → $623
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 4 shows 93% of 419 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: 2008-03-26, 18 years ago
93%
within 1.5 mg/m3
419
samples
4.00
dust max (mg/m3)
198 samples taken by MSHA inspectors, 221 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR205
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)51
  • TRACTOR OPERATOR/MOTORMAN24

Silica (quartz)

Last sampled: 2008-03-10, 18 years ago
9.4
silica avg (%)
38
samples
18.6
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR22

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: 2007-10-23, 18 years ago
50%
over PEL
20
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
  • CONTINUOUS MINER OPERATOR4
  • ROOF BOLTER (SINGLE HEAD)4
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
2008 95% 21
2007 98% 48
2006 95% 60
2005 99% 70
2004 92% 74
2003 87% 102
2002 91% 44
Silica (quartz) by year
Year silica avg (%) samples
2008 15.2 2
2007 8.6 2
2006 9.7 6
2005 10.4 9
2004 10.3 8
2003 7.0 8
2002 6.2 3
Noise by year
Year over PEL samples
2007 20% 5
2005 0% 5
2004 80% 5
2003 100% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 4 recorded 7.21 reportable injury cases per 100 full-time workers in 2007.

Injury rate, 2007
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.
7.21
total case rate
2.40
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.71 and the all-US-mining average was 3.77 cases per 100 workers.
In West Virginia, coal mining averaged 5.00 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
2007 * 7.21 2.40 0.000
2006 * 16.69 11.13 0.000
2005 * 5.09 5.09 0.000
2004 * 5.29 5.29 0.000
2003 * 10.68 8.01 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. Laurel Creek Company Inc 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)
2008 12 60,395
2007 35 313,086
2006 34 361,179
2005 34 414,588
2004 33 409,066
2003 32 407,811
2002 33 229,096
Source: MSHA quarterly employment and production, updated weekly.

No 4 sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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
2008 Q3 0 0 0
2008 Q2 0 0 0
2008 Q1 20,989 2 1 95.3
2007 Q4 20,986 3 0 143.0
2007 Q3 20,694 6 2 289.9
2007 Q2 21,506 8 3 372.0
2007 Q1 19,995 23 6 1150.3
2006 Q4 19,993 13 1 650.2
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q3 18,964 7 2 369.1
2006 Q2 16,793 19 8 1131.4
2006 Q1 16,147 4 0 247.7
2005 Q4 18,251 5 1 274.0
2005 Q3 20,896 2 1 95.7
2005 Q2 19,063 1 0 52.5
2005 Q1 20,417 0 0 0.0
2004 Q4 19,153 7 5 365.5
2004 Q3 21,080 2 0 94.9
2004 Q2 17,349 1 0 57.6
2004 Q1 18,061 3 1 166.1
2003 Q4 17,689 3 1 169.6
2003 Q3 19,053 8 3 419.9
2003 Q2 18,848 8 1 424.4
2003 Q1 19,294 11 3 570.1
2002 Q4 17,027 5 1 293.7
2002 Q3 18,252 1 1 54.8
2002 Q2 16,453 5 0 303.9
No fatalities recorded at this mine.

Reportable incidents

28 on file

2007 · 7 incidents

May 4, 2007 WV · Coal electrician, lineman HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in lifting objects

He was lifting oxygen bottle; felt pain in lower left stomach. *****Employee did not miss work until surgery was scheduled 05-16-2007******

March 9, 2007 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Laurel Creek Company Inc · Caught in, under or between (Not Elsewhere Classified)

While bolting top, drill steel became stuck in the top and came loose hitting finger between drill steel and drill pot; cutting right ring finger.

February 21, 2007 WV · Coal FALL OF ROOF OR BACK
Laurel Creek Company Inc · Accident type, without injuries

Location: Old works in return; entry No.3, spad no.2040. Distance from active face: 2,000', Airway: neutral. Size: L-20', W-20', H-5'; 48" resin fully grouted, no cribs or timbers installed prior to fall. Strata: shale, no coal rider seam present. All entrances to fall breakered off, area will not be rehabilitated.

February 19, 2007 WV · Coal FALL OF ROOF OR BACK
Laurel Creek Company Inc · Accident type, without injuries

Location: No.4 belt, entry No.2, spad no.2608; Distance from active face: 600'; No personal injuries; Size: L-60', W-18', H-8 - 10'; 48" resin; 6 or 7 cribs installed prior to fall; Strata: mixed; no coal rider seam present; All entrances are breakered off, area will not be rehabilitated.

January 9, 2007 WV · Coal FALL OF ROOF OR BACK
Laurel Creek Company Inc · Accident type, without injuries

Actual date of fall is unknown. Size: L-60';W-19';H-6'; 48" resin fully grouted resin; 5 cribs installed prior to fall; Strata: laminated; No coal rider seam present; All entrances will be breakered off; Area will be rehabilitated; Airway: neural, intake; distance from active face: 5,100'.

2006 · 6 incidents

November 16, 2006 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
Laurel Creek Company Inc · Over-exertion (Not Elsewhere Classified)

while servicing roof bolter, was going around roof bolter and stepped on pc. of curtain a lump of coal was underneath it causing employee to twist left knee. Accident happened 11-16-2006 at this time the employee did not miss work. He had surgery on his knee on 02-20-2007 and started missing work at that time.

September 14, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Struck by falling object

While taking apart style jack, I had it standing in the up right position. When I turned around to get a hammer, the style jack fell striking me in the right lower leg.

July 20, 2006 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALLING/SLIDING/ROLLING MATERIALS
Laurel Creek Company Inc · Struck by rolling or sliding object

changing ripper motor on miner, had motor on hoist moving in place when motor rolled over and caught left thumb against crib block being used as a guide.

February 10, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in lifting objects

was lifting a pc. of structure, bent over to pick it up and felt something pull in rt. side

January 21, 2006 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Laurel Creek Company Inc · Over-exertion (Not Elsewhere Classified)

While getting out of coal hauler to help move miner, stepped wrong and twisted left ankle

2005 · 2 incidents

May 17, 2005 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Laurel Creek Company Inc · Struck by falling object

Piece of draw rock fell, hit right shoulder. He did not start missing work until 06-02-2005.

February 21, 2005 WV · Coal continuous miner operator, coal mole operator HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion (Not Elsewhere Classified)

A PIECE OF ROCK FELL, HITTING EE IN THE HEAD AND BACK - KNOCKED EE TO THE GROUND. EE SUFFERED STRAIN WHEN REMOVING ROCK FROM SELF. EE STARTED MISSING WORK 04/01/05 (DATE HERNIA SURGICALLY REPAIRED).

2004 · 3 incidents

December 10, 2004 WV · Coal assayer, geologist, metallurgist, engineer, engineer management POWERED HAULAGE
Laurel Creek Company Inc · Caught in, under or between (Not Elsewhere Classified)

EE said that he was holding metal door open while a coal hauler was passing through, the coal hauler bumped the door, the door sprang and caught fingers against fan house.

April 19, 2004 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Laurel Creek Company Inc · Caught in, under or between a moving and a stationary object

EE CAUGHT HIS GLOVE UNDER THE DRILL STEEL ON THE DRILL POT

2003 · 5 incidents

July 30, 2003 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Laurel Creek Company Inc · Struck by... (Not Elsewhere Classified)

EMPLOYEE TOOK SHIELD LOOSE ON MANTRIP TO PUSH CONTACTOR IN TO SET OUT OF SWITCH; SHIELD HIT RIB AND CAME BACK AND HIT RIGHT HAND. HE RECEIVED 5 STITCHES IN RIGHT PALM.

June 10, 2003 WV · Coal continuous miner operator, coal mole operator MACHINERY
Laurel Creek Company Inc · Struck by falling object

WAS CUTTING #2 LEFT, STANDING IN MIDDLE OF #2 HDQ PIECE OF ROCK 3' X 2' X 3" FELL OUT BETWEEN BOLTS STRIKING HIM ON HEAD & NECK.

May 13, 2003 WV · Coal scoop car/scooptram operator, load/haul/dump (lhd) operator, teletram operator HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in lifting objects

LIFTING MINER CABLE, MINER MOVED FELT PAIN IN BACK AND SCROTUM.

March 26, 2003 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in lifting objects

EMPLOYEE WAS HELPING UNLOAD RAILS FOR THE NEXT INSTALLATION PROJECT. HE WORKED UNTIL 3/31/03 AT WHICH TIME THE PAIN BECAME SO BAD HE STARTED MISSING WORK. THE ACCIDENT WAS CAUSED BY IMPROPER L IFTING AND TWISTING.

March 1, 2003 WV · Coal driver, jeep driver, tractor operator POWERED HAULAGE
Laurel Creek Company Inc · Struck against a moving object

EE WAS RIDING COAL HAULER TO END OF TRACK, HIT A HOLE AND TWISTED HIS BACK.

2002 · 5 incidents

December 12, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in pulling or pushing objects

EE TELEPHONED MINE FOREMAN 12/16/02 AND SAID THAT HE HAD HURT HIS BACK ON 12/12/02 WHILE PULLING MINER CABLE. EE DID NOT NOTIFY ANYONE ABOUT THIS INJURY UNTIL 12/16/02.

September 23, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion in lifting objects

EE DID NOT REPORT ACCIDENT UNTIL 10/3/02 (ON THE JOB ACCIDENT) THE EE FINISHED HIS SHIFT ON 9-23-02, SAID HE GOT UP THE NEXT DAY AND WAS SORE. WENT TOT HE DR AND WAS TOLD HE HAD A STRAINED MUSCLE. THIS WAS A WORK RELATED ACCIDENT.

August 13, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Laurel Creek Company Inc · Over-exertion (Not Elsewhere Classified)

EMPLOYEE WAS SHOVELING ROCK DUST INTO DUSTER AND TWISTED HIS BACK.

May 18, 2002 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator SLIP OR FALL OF PERSON
Laurel Creek Company Inc · Fall onto or against objects

EMPLOYEE WAS TIGHTENING BELT ROPES ON #2 BELT WHEN THE CHAIN THAT THE RATCHET WAS HOOKED ON BROKE, CAUSING HIM TO FALL, HITTING HIS HEAD ON THE SCOOP BUCKET, CUTTING OVER HIS LEFT EYE. EE WENT TO THE HOSPITAL RECEIVED 4 STITCHES.

April 9, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler MACHINERY
Laurel Creek Company Inc · Caught in, under or between (Not Elsewhere Classified)

EE WAS ASSISTING REG. ROOF BOLTEROP. WHILE STANDING ON TOP OF MACHINE & WAS MOVING FROM BACK OF MACH. TO FRONT ON EACH BOLT INSTALLATION. CONDITIONS WERE SUCH THAT THE OP. COULD NOT REACH THE TOP BECAUSE THE TOP BEING 10' HIGH THAT WOULD NORMALLY HAVE BEEN 5-6 1/2' HIGH. EE WOULD INSERT 6' ROOF BOLT AFTER OP. INSERTED GLUE. WHILE RETREATING TO THE REAR OF THE MACH. THE OP. ACTED QU