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.
183 citations across 1,406 inspection hours.
Source: MSHA inspections data, updated weekly.
No 5 has $113K in proposed MSHA penalties and $0 outstanding across 8 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.
$113K
proposed penalties
$84K
current assessed
$84K
paid to date
$0
outstanding
180 assessments are final orders; 8 contested dockets.
Of $115K in penalties contested before the Commission, $50K was upheld in final decisions.
As of the most recent assessment on 2008-11-14.
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.
37citations taken to the federal commission · 20% of citations on record
Settled
34 · 92%
Stood as issued
1 · 3%
Vacated or withdrawn
2 · 5%
86%
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 Vacated and withdrawn citations, and settlements that removed the designation, count against.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 28 decided S&S contests · industry: 79%
57%
Penalty reduction in decided contests
$115K proposed, $50K 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 A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record.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 2008-12-23.
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 5 shows 97% of 251 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: 2008-10-09, 17 years ago
97%
within 1.5 mg/m3
251
samples
2.21
dust max (mg/m3)
104 samples taken by MSHA inspectors, 147 by the operator.
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 5 recorded 7.66 reportable injury cases per 100 full-time workers in 2008.
Injury rate, 2008
ⓘ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.
7.66
total case rate
2.56
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 cases per 100 workers that year.
Year
total case rate
days-away
fatal
2008
7.66
2.56
0.000
2007
5.56
3.71
0.000
2006 *
3.31
3.31
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)
2009
8
2008
43
277,198
2007
47
519,444
2006
29
283,784
Source: MSHA quarterly employment and production, updated weekly.
No 5 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
2009 Q1
5,864
0
0
0.0
2008 Q4
23,715
17
9
716.8
2008 Q3
27,740
36
6
1297.8
2008 Q2
74,653
25
8
334.9
2008 Q1
30,450
7
2
229.9
2007 Q4
26,365
8
3
303.4
2007 Q3
25,784
31
11
1202.3
2007 Q2
27,385
23
6
839.9
Show 5 earlier quartersHide earlier quarters
Quarter
Hours worked
Citations
S&S
Per 1M hrs
2007 Q1
28,347
14
4
493.9
2006 Q4
33,350
6
3
179.9
2006 Q3
24,447
14
4
572.7
2006 Q2
2,704
2
0
739.6
2006 Q1
0
0
0
No fatalities recorded at this mine.
Reportable incidents
27 on file
2008 · 7 incidents
October 14, 2008WV · Coallw propman, propman helper, move crew if lw, move-up man, jacksetter, advanceman lw helperHANDTOOLS (NONPOWERED)
While repairing a set of airlock doors, just inside drift mouth, employee was making a hole in the door with pick hammer to mount rubber seal. The tip of hammer broke off, impaling into lower arm. EMT dressed arm.
June 10, 2008WV · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerHANDLING OF MATERIALS
Employee was hanging cable inby feeder and his right hand slid across a pizza pan and sliced his fourth knuckle on right hand, causing laceration. Action to prevent recurrence is to watch the surroundings.
April 16, 2008WV · Coaldiscontinued 1/31/2014. several other codes cover scoop car operatorHANDLING OF MATERIALS
While laoding rock dust into scoop bucket; tied chain to metal straps turned around and the straps broke hitting EE on right side of head; making a one and a half inch cut on right side of head. Action taken in preventing reocurrence is do not hang rock dust from straps.
Sp. Loc. No.2 belt mains entry No.3 spad No.222-245; No equip. invol.;Neutral airways; Size 350'L, 19'W, 4'H; Roof support: 4' resin; 10 cribs inst. prior; Strata; shale; No coal rider seam; Entr. are breakered off; The roof won't be rehab. This isn't in any travelway. Was cribed and dang. off prior to fall. All travelways have been rebolted in past with excep. of fallen area.
Distance from active face:1400', Airway: neutra, intake (have two intake entries, have dangered one off), Size: L-30', W-20',H-4'; 48" resin; Outby area had supported wiht 50 ton jacks; strata: shale, laminated; No coal rider seam present, All entrances to fall breakered off, area will not be rehabilitated.
April 13, 2007WV · Coalshuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operatorHANDLING OF MATERIALS
Hurt both shoulders on 04-13-07 pulling miner cable. Reinjured on 04-18-2007 when stepping off man bus. Did not report accident until 04-18-2007, left work and went to Dr.
Entry 1, spad No. 1 inby spad 188 in return, distance from active face:3000', airway: return, neutral, size of fall: L-40', w-20', h-4' , 48" resin, no cribs or timbers installed prior to fall, strata, sandstone, no coal rider seam present, working on brking off entrances area will not be rehabiliated.
Entry No.1 spad No. 1 brk. outby spad 13, Airway: return, Size: L-25', W - 20', H - 5', 48" resin, no cribs or timbers installed prior to fall, strata: shale, sandstone, wet, no coal rider seam present, working on breakering off all entrances, area will not be rehabilitated. 2,000' from active face.
March 15, 2007WV · Coalcontinuous miner operator, coal mole operatorFALL OF ROOF OR BACK
Location: 001 section, entry 6, spad no.1 brk. below spad 270, 2,000' from active face, airway neutral, size of fall: L-20', W - 20', H-5', type and lenght of roof support: 48" resin, no cribs or timbers installed prior to fall, Strata: shale, laminated, working on breakering off all entrances to fall, area will be rehabilitated.
Injured was walking down steps from mine office trailer. Left foot slipped on wet mud on step and left foot slid back under the step. When foot slipped, weight trasnferred forward while foot was wedged between steps. Caused bone in left leg to fracture.
distance from active face: 3,000'; Airway: return; Size: L-75',W-19';H-5'; 48" resin; no cribs or timbers installed prior to fall; Strata: shale, mixed, laminated, wet, no coal rider seam present, working on breakering all entrances off
Location: Section #1, entry 3, spad no. one break outby spad 222; Distance from face:2,100'; Airway: neutral; Size: L-15'; W-15'; H-3'; Type and length of roof support: 48" resin fully grouted; No cribs and timbers installed prior to fall. Strata: shale, sandstone, mixed, laminated. No coal rider seam present, all entrances to fall are being breakered off.
January 16, 2007WV · Coallaborer, bull gang, parts runner, roustabout, roof trimmer/scalerDISORDERS (REPEATED TRAUMA)
Employee filed a Carpal Tunnel claim on 01-16-2007. Continued to work until claim was ruled on by workers' comp. division. Began missing work 07-23-2007 day of surgery.
Location: 001 section, entry 1, spad no.one break inby spad 217; Distance from active face: 2,100'; airway: return; Size of fall: L-26', W-19', H-4.5'. 48" fully grounted resin with roofmats, No cribs or timbers installed prior to fall. Strata: shale,mixed,wet. No coal rider seam present. Working on breakering off all entrances, Area will not be rehabilitated at this time.
Location: 1st left panel, entry 1, spad no. 191, distance from active,3400'airway:return,neutral: Size of fall: L - 27', W - 19', H - 4.5' No cribs or timbers installed prior to fall, strata: shale, laminated, wet, no coal rider seam present, working on breakering off entrances, area will not be rehabilitated.
Nothwest mains, entry 5, spad no. 269, Distance from active face: 2100', No personal injuries or equipment involved, Airway - neutral; size: L - 50', W - 19', H - 5'; 48"resin; Strata: shale, laminated, wet. All entrances are being breakered off. Area will not be rehabilitated.
001 section, entry 2, spad No.3 breaks inby spad 228, distance from active face: 1800. No personal injuries, airway: neutral. Size: L-35', W -19', H-4.5'; 48" resin, no cribs or timbers prior to fall, strata: shale, mixed, laminated, wet; no coal rider seam present, working on breakering off all entrances.
No 1 section, entry No.6, spad No.outby 270, distance from active face: 850', Airway-neutral, size of fall: L-35', W-19', H-5', 48" resin, 72" resin, No cribs or timbers installed prior to fall, Strata - mixed/laminated, Working on breakering of entrances, area will be rehabilitated.
Entry No.2;Spad no.:1 brk. outby 267; distance from active face:210; No personal injuries; Airway: return; Size of fall: L-50'; W-19.5'; H-5'; Type and length: 48" resin; No cribs or timbers or cribs installed prior to fall; Strata: shale, mixed; No coal rider seam pesent; Entrances not breakered off yet; Area will be rehabilitated.
location of fall: No.1 section; entry: 1; spad no.: one break inby spad 22;distance from active face:590 ft; no personal injuries, no equip. involved; airway: neutral; size of fall: L-22ft, W-19ft, H-4.5ft.; 48" resin with roof mats; no cribs or timbers installed prior to fall; strata: shale, wet; no coal rider seam present; entrances are not breakered off; area will be rehab.
Roof fall 400' from active face, no equipment involved, airway-neutral, length: 32', width:19', height:4.1/2', resin 48" fully grouted, no cribs or timbers installed prior to fall, shale, no coal rider seam present. All entrances will be breakered off, area will not be rehabilitated.