Mining Incidents

No 57 Mine: 599 MSHA citations Coal

Nufac Mining Company, Inc · Underground
Controlled by James C Justice III
Kimball, Mcdowell County, WV  ·  Temporarily Idled
MSHA Mine ID: 4608786

No 57 Mine has $529K in proposed MSHA penalties and $132K outstanding across 36 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2017–2022
Latest incident
May 2022
Compliance record
MSHA citations since 2000
599
citations
93
significant & substantial
$528,571
proposed penalties
$181,267
paid to date
34% of proposed penalties paid to date, a $347,304 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
132
inspections on record
3,776
inspection hours
15.9
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.
599 citations across 3,776 inspection hours.
Source: MSHA inspections data, updated weekly.

No 57 Mine has $529K in proposed MSHA penalties and $132K outstanding across 36 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.
$529K
proposed penalties
$313K
current assessed
$181K
paid to date
$132K
outstanding
585 assessments are final orders; 36 contested dockets.
Of $358K in penalties contested before the Commission, $142K was upheld in final decisions.
As of the most recent assessment on 2022-12-05.
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.
15.9%
significant & substantial
7.7%
high negligence or reckless
15.9%
reasonably likely or greater
33.0%
permanently disabling or fatal if injury occurs
Negligence coding: 0.2% none, 35.6% low, 56.6% moderate, 7.7% 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.
262 citations taken to the federal commission · 44% of citations on record
  • Settled 256 · 98%
  • Stood as issued 6 · 2%
76%
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 45 decided S&S contests · industry: 79%
60%
Penalty reduction in decided contests
$360K proposed, $142K 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 2024-04-21.
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 2019-0493 Settlement Lewis 2019 $145K → $25K
WEVA 2022-0268 Settlement McCarthy 2022 $36K → $11K
WEVA 2022-0093 Settlement Moran 2022 $31K → $10K
WEVA 2022-0171 Settlement Bulluck 2022 $20K → $15K
WEVA 2023-0149 Settlement Sullivan 2023 $20K → $12K
WEVA 2022-0092 Settlement Paez 2022 $13K → $9K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 57 Mine shows 98% of 388 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: 2022-05-12, 4 years ago
98%
within 1.5 mg/m3
388
samples
3.15
dust max (mg/m3)
3
over MSHA ECV
The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
157 samples taken by MSHA inspectors, 231 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR183
  • SHUTTLE CAR OPERATOR (OFF STANDARD)57
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)34

Silica (quartz)

Last sampled: 2022-03-16, 4 years ago
10.3
silica avg (%)
48
samples
29.5
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR21
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)14
  • SHUTTLE CAR OPERATOR (OFF STANDARD)9

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: 2021-12-14, 4 years ago
4%
over PEL
51
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (OFF STANDARD)10
  • CONTINUOUS MINER OPERATOR9
  • ROOF BOLTER (TWIN HEAD) (RETURN 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
2022 100% 10
2021 96% 48
2020 100% 1
2019 100% 119
2018 100% 64
2017 95% 43
2004 94% 18
2001 100% 28
2000 93% 57
Silica (quartz) by year
Year silica avg (%) samples
2022 4.6 2
2021 10.0 13
2019 9.6 11
2018 10.3 5
2017 8.1 8
2004 14.1 3
2001 21.4 2
2000 12.3 4
Noise by year
Year over PEL samples
2021 0% 10
2019 0% 6
2018 11% 9
2017 0% 13
2004 0% 4
2001 0% 5
2000 25% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 57 Mine recorded 5.10 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
5.10
total case rate
5.10
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In West Virginia, coal mining averaged 3.68 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
2022 * 5.10 5.10 0.000
2021 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 2.77 0.00 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. W L Inc 1999 to 2001
  2. Glow Worm Coal Company 2001 to 2002
  3. Rightway Coal Company 2002 to 2003
  4. Glow Worm Coal Co Inc 2003 to 2010
  5. Pay Car Mining, Inc. 2010 to 2017
  6. Nufac Mining Company, Inc 2017 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)
2024 0
2023 0
2022 41 25,410
2021 44 49,647
2020 15 8,312
2019 41 100,985
2018 35 51,101
2017 25 21,729
2004 7 2,874
2003 0
2001 7 5,060
2000 8 37,812
Source: MSHA quarterly employment and production, updated weekly.

No 57 Mine sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2024 Q2 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q1 0 0 0
2022 Q4 1,040 8 1 7692.3
2022 Q3 10,546 0 0 0.0
2022 Q2 24,017 17 1 707.8
2022 Q1 3,600 40 8 11111.1
Show 27 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2021 Q4 19,618 30 8 1529.2
2021 Q3 21,900 36 3 1643.8
2021 Q2 23,449 47 10 2004.3
2021 Q1 22,672 69 3 3043.4
2020 Q4 11,355 8 0 704.5
2020 Q2 742 0 0 0.0
2020 Q1 820 1 0 1219.5
2019 Q4 21,083 27 4 1280.7
2019 Q3 24,044 26 0 1081.4
2019 Q2 14,146 0 0 0.0
2019 Q1 26,747 27 3 1009.5
2018 Q4 29,628 14 0 472.5
2018 Q3 20,198 38 5 1881.4
2018 Q2 10 1 0 100000.0
2018 Q1 22,464 48 11 2136.8
2017 Q4 19,305 71 17 3677.8
2017 Q3 18,553 19 9 1024.1
2017 Q2 900 0 0 0.0
2004 Q1 1,039 13 5 12512.0
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 0 0 0
2001 Q1 3,050 4 0 1311.5
2000 Q4 3,738 7 0 1872.7
2000 Q3 4,361 6 1 1375.8
2000 Q2 1,402 12 0 8559.2
2000 Q1 5,079 7 1 1378.2
No fatalities recorded at this mine.

Reportable incidents

4 on file

2022 · 1 incident

May 24, 2022 WV · Coal scoop tram operator, load/haul/dump operator HANDLING OF MATERIALS
Nufac Mining Company, Inc · Struck by falling object

EE, scoop operator was assisting the electrician in putting on a shuttlecar tire. The tire was leaning against the frame of the shuttlecar. EE was apparently sitting against the rib when the tire fell over striking EE on the lower left leg. The accident occurred in the #5 entry, outby the face area, feeder line.

2018 · 1 incident

June 1, 2018 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Nufac Mining Company, Inc · Caught in, under or between a moving and a stationary object

Was installing a shear jack on the 14-15 CM. Hand was pinched between the jack and pan.

2017 · 2 incidents

August 28, 2017 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) STEPPING OR KNEELING ON OBJECT
Nufac Mining Company, Inc · Over-exertion (Not Elsewhere Classified)

Employee had finished bolting No. 2 Left, and was crawling back to deck to move roof bolter. Right knee popped.

August 14, 2017 WV · Coal scoop tram operator, load/haul/dump operator ELECTRICAL
Nufac Mining Company, Inc · Contact with electrical current

EE was tramming the scoop, the bucket of the scoop hooked the pump cable that was hung damaging the cable. EE got out of scoop to hang the cable and when EE grabbed the cable EE got an electrical shock.