Mining Incidents

No 4 Mine: 521 MSHA citations Coal

Chief Mining, Inc. · Underground
Controlled by Kenneth R Calloway
New Richmond, Wyoming County, WV  ·  Abandoned
MSHA Mine ID: 4608959

No 4 Mine has $470K in proposed MSHA penalties and $445K outstanding across 16 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
8
Years on record
2003–2012
Latest incident
Sep 2012
Compliance record
MSHA citations since 2003
521
citations
173
significant & substantial
$470,419
proposed penalties
$22,251
paid to date
5% of proposed penalties paid to date, a $448,168 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
84
inspections on record
3,128
inspection hours
16.7
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.
521 citations across 3,128 inspection hours.
Source: MSHA inspections data, updated weekly.

No 4 Mine has $470K in proposed MSHA penalties and $445K outstanding across 16 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.
$470K
proposed penalties
$467K
current assessed
$22K
paid to date
$445K
outstanding
480 assessments are final orders; 16 contested dockets.
Of $394K in penalties contested before the Commission, $390K was upheld in final decisions.
As of the most recent assessment on 2013-05-08.
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.
36.0%
significant & substantial
4.2%
high negligence or reckless
36.0%
reasonably likely or greater
19.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.4% none, 21.7% low, 73.8% moderate, 4.0% high, 0.2% 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.
108 citations taken to the federal commission · 21% of citations on record
  • Settled 41 · 38%
  • Stood as issued 67 · 62%
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 54 decided S&S contests · industry: 79%
1%
Penalty reduction in decided contests
$393K proposed, $390K 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 2008-10-28.
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 2009-304 Default McCarthy 2012 $373K → $373K
WEVA 2007-220 Settlement Weisberger 2007 $4K → $2K
WEVA 2008-1400 Default Lesnick 2011 $3K → $3K
WEVA 2006-66 Default Lesnick 2006 $3K → $3K
WEVA 2006-226 Settlement Weisberger 2006 $2K → $2K
WEVA 2006-456 Settlement Feldman 2006 $2K → $1K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 4 Mine shows 94% of 300 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: 2013-06-13, 13 years ago
94%
within 1.5 mg/m3
300
samples
12.29
dust max (mg/m3)
141 samples taken by MSHA inspectors, 159 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR177
  • SHUTTLE CAR OPERATOR (OFF STANDARD)24
  • ROOF BOLTER (SINGLE HEAD)21

Silica (quartz)

Last sampled: 2013-01-25, 13 years ago
9.4
silica avg (%)
18
samples
40.2
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR15

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: 2013-01-24, 13 years ago
3%
over PEL
31
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5
  • SCOOP CAR OPERATOR5
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
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
2013 85% 27
2012 90% 30
2011 100% 9
2010 90% 21
2008 100% 5
2007 90% 50
2006 100% 26
2005 100% 48
2004 97% 58
2003 92% 26
Silica (quartz) by year
Year silica avg (%) samples
2013 4.9 1
2012 7.0 2
2010 2.9 1
2007 8.5 8
2006 10.9 2
2005 0.6 1
2004 19.0 3
Noise by year
Year over PEL samples
2013 0% 4
2012 0% 14
2008 25% 4
2005 0% 4
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 4 Mine recorded 4.11 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
4.11
total case rate
4.11
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 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. Century Energy Corporation 2002 to 2003
  2. Shelby Coal, Inc. 2003 to 2007
  3. Shelby Coal, Inc. 2007 to 2008
  4. Resurrection Coal Company 2008 to 2009
  5. Glow Worm Coal Company 2009 to 2012
  6. Chief Mining, Inc. 2012 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)
2013 28 35,769
2012 28 78,195
2008 3 5,325
2007 5 49,098
2006 6 39,999
2005 7 62,951
2004 5 115,288
2003 2 17,143
2002 0
Source: MSHA quarterly employment and production, updated weekly.

No 4 Mine sits in Wyoming County, West Virginia, where the Census mining category is 11.2% 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.
Wyoming County, West Virginia · Population 20,948
11.2%
Mining share of county employment
$48,038
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
2013 Q2 16,072 12 1 746.6
2012 Q4 17,308 11 4 635.5
2012 Q3 14,791 10 4 676.1
2012 Q2 14,434 1 0 69.3
2012 Q1 2,151 0 0 0.0
2008 Q3 2,880 19 3 6597.2
2008 Q1 0 30 0
2007 Q4 642 77 41 119937.7
Show 19 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q3 982 18 9 18329.9
2007 Q2 1,352 36 12 26627.2
2007 Q1 1,404 16 8 11396.0
2006 Q4 1,113 23 6 20664.9
2006 Q3 662 4 2 6042.3
2006 Q2 764 16 6 20942.4
2006 Q1 1,656 24 10 14492.8
2005 Q4 1,082 15 9 13863.2
2005 Q3 954 30 11 31446.5
2005 Q2 1,362 26 4 19089.6
2005 Q1 1,806 21 1 11627.9
2004 Q4 1,673 8 4 4781.8
2004 Q3 2,400 7 0 2916.7
2004 Q2 1,451 6 2 4135.1
2004 Q1 2,060 10 3 4854.4
2003 Q4 1,904 2 1 1050.4
2003 Q3 0 0 0
2003 Q2 0 3 0
2002 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

8 on file

2012 · 2 incidents

September 13, 2012 WV · Coal FALL OF ROOF OR BACK
Chief Mining, Inc. · Accident type, without injuries

The mains section had advanced under a hollow. The #9 intersection began to take weight. The # 9 return entry at 1 break inby spad # 2112 was cribbed off. no effort was made to save the intersection. The intersection in the #8 return entry was reinforced with cribs, steel beams, jacks and longer bolts.

July 25, 2012 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Chief Mining, Inc. · Fall onto or against objects

After hanging the miner cable around the intersection in LOB #6 entry, EE was talking to the foreman. The scoop operator inadvertently hooked the miner cable 2 breaks away. Causing the cable to fall down and drag across the intersection causing ee to trip over cable. Resulting in falling on a baseball size rock bruising his back.

2010 · 1 incident

March 18, 2010 WV · Coal FALL OF ROOF OR BACK
Glow Worm Coal Company · Accident type, without injuries

First cut in # 4 entry. Developing barrier. Was finish and awaiting the bolter when the fall occured. Fall extended from the fresh cut and 16 ft outby pulling approx. 4 - 5 rows of roof bolts. No miners or equipment were damaged in fall.

2006 · 1 incident

February 15, 2006 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider POWERED HAULAGE
Shelby Coal, Inc. · Caught in, under or between running or meshing objects

The miner was attempting to water down the #2 belt at #2 belt drive when apparently the hose got between the belt and the moving discharge roller causing his arm to be dragged around the guard and under the scraper.

2005 · 2 incidents

September 2, 2005 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator POWERED HAULAGE
Shelby Coal, Inc. · Struck against stationary object

Employee was bringing scoop outside and got against the rib.

May 6, 2005 WV · Coal bull gang foreman, labor foreman, leadman, section foreman, shift boss POWERED HAULAGE
Shelby Coal, Inc. · Struck against a moving object

open wound of scalp close skull ul & fracture & comp insp. Accident MV accident.

2004 · 1 incident

February 10, 2004 WV · Coal MACHINERY
Shelby Coal, Inc. · Struck by... (Not Elsewhere Classified)

DRILL GOT FOULED UP IN BOTTOM AND STARTED SPINNING AROUND AND HE COULD NOT GET AWAY FROM IT.

2003 · 1 incident