Mining Incidents

No. 4: 191 MSHA citations Coal

Varney, Mingo County, WV  ·  Abandoned and Sealed
MSHA Mine ID: 4609038

No. 4 has $68K in proposed MSHA penalties and $2K outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2005–2007
Latest incident
Aug 2007
Compliance record
MSHA citations since 2004
191
citations
61
significant & substantial
$67,539
proposed penalties
$65,597
paid to date
97% of proposed penalties paid to date, a $1,942 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
22
inspections on record
1,074
inspection hours
17.8
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.
191 citations across 1,074 inspection hours.
Source: MSHA inspections data, updated weekly.

No. 4 has $68K in proposed MSHA penalties and $2K outstanding across 3 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.
$68K
proposed penalties
$68K
current assessed
$66K
paid to date
$2K
outstanding
190 assessments are final orders; 3 contested dockets.
Of $1K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2007-07-19.
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.
32.1%
significant & substantial
3.7%
high negligence or reckless
32.6%
reasonably likely or greater
18.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.5% none, 7.9% low, 87.9% moderate, 3.7% 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 4 · 80%
  • Stood as issued 1 · 20%
100%
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%
0%
Penalty reduction in decided contests
$1K proposed, $1K 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 2007-05-05.
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 2007-426 Settlement Bulluck 2008 $700 → $700
WEVA 2007-427 Settlement Bulluck 2008 $434 → $434
WEVA 2007-267 Dismissal Lesnick 2007 $247 → $247
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 4 shows 95% of 154 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: 2007-07-25, 19 years ago
95%
within 1.5 mg/m3
154
samples
5.59
dust max (mg/m3)
64 samples taken by MSHA inspectors, 90 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR92
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)24
  • ROOF BOLTER (SINGLE HEAD)11

Silica (quartz)

Last sampled: 2007-06-01, 19 years ago
9.9
silica avg (%)
5
samples
24.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
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
2007 87% 31
2006 100% 58
2005 94% 54
2004 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2007 24.1 1
2006 6.7 2
2005 6.0 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 4 recorded 12.86 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.
12.86
total case rate
8.57
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 * 12.86 8.57 0.000
2006 * 0.00 0.00 0.000
2005 * 6.60 6.60 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. Hi-Tech Construction Co Inc 2004 to 2004
  2. Wayco Limited Partnership No. 1 2004 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)
2007 19 172,251
2006 30 212,384
2005 25 240,535
2004 19 39,669
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
2007 Q4 0 0 0
2007 Q3 11,225 5 2 445.4
2007 Q2 16,581 26 10 1568.1
2007 Q1 18,847 51 24 2706.0
2006 Q4 17,940 18 5 1003.3
2006 Q3 19,470 24 7 1232.7
2006 Q2 15,902 18 7 1131.9
2006 Q1 15,165 10 1 659.4
Show 7 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2005 Q4 17,093 6 0 351.0
2005 Q3 15,137 5 1 330.3
2005 Q2 14,524 8 0 550.8
2005 Q1 13,851 9 0 649.8
2004 Q4 11,936 2 0 167.6
2004 Q3 911 0 0 0.0
2004 Q2 720 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2007 · 4 incidents

August 31, 2007 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Wayco Limited Partnership No. 1 · Over-exertion in lifting objects

Beltman was busting rock with sledge hammer & picking up rock he felt pain in his groin area.

July 24, 2007 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Wayco Limited Partnership No. 1 · Struck against a moving object

Operator was tramming s.c. to face, car hit hole in mine floor jamming back.

April 14, 2007 WV · Coal FALL OF ROOF OR BACK
Wayco Limited Partnership No. 1 · Accident type, without injuries

Fall of roof #5 entry, 1 br inby spad 497. Date mined 4-15-06. Slicken sides, longwall pressure. 3000 feet from working section. No airways or escapeways were affected. 9 cribs and 16 timbers were set around the fall.

2006 · 1 incident

2005 · 3 incidents

September 21, 2005 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Wayco Limited Partnership No. 1 · Struck by falling object

A small piece of draw rock fell, ap. 8" dia. x 1/2" thick striking employee on neck.

January 26, 2005 WV · Coal continuous miner operator, coal mole operator MACHINERY
Wayco Limited Partnership No. 1 · Struck by rolling or sliding object

WHILE CUTTING CROSS CUT FROM #2 TO #1, RIB OF #2 ROLLED OFF STRIKING EMPLOYEE IN THE BACK.