Mining Incidents

No 58: 1,961 MSHA citations Coal

Pay Car Mining Inc · Underground
Controlled by James C Justice III
Kimball, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4608884

No 58 has $3.4M in proposed MSHA penalties and $645K outstanding across 124 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at No 58.

Fatalities
0
Total incidents
26
Years on record
2002–2018
Latest incident
Jul 2018
Compliance record
MSHA citations since 2001
1,961
citations
613
significant & substantial
$3,397,138
proposed penalties
$1,291,598
paid to date
38% of proposed penalties paid to date, a $2,105,540 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2001
232
inspections on record
10,914
inspection hours
18.0
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.
1,961 citations across 10,914 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-04-28.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

No 58 has $3.4M in proposed MSHA penalties and $645K outstanding across 124 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.
$3.4M
proposed penalties
$1.9M
current assessed
$1.3M
paid to date
$645K
outstanding
1,902 assessments are final orders; 124 contested dockets.
Of $3.2M in penalties contested before the Commission, $1.6M was upheld in final decisions.
As of the most recent assessment on 2024-03-25.
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.
32.0%
significant & substantial
7.6%
high negligence or reckless
33.7%
reasonably likely or greater
39.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.1% none, 25.5% low, 66.9% moderate, 7.6% 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.
1,342 citations taken to the federal commission · 68% of citations on record
  • Settled 1,286 · 96%
  • Stood as issued 36 · 3%
  • Vacated or withdrawn 20 · 1%
72%
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 552 decided S&S contests · industry: 79%
50%
Penalty reduction in decided contests
$3.2M proposed, $1.6M 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 2021-03-28.
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 2012-424 Settlement Bulluck 2014 $297K → $170K
WEVA 2019-0139 Settlement Moran 2019 $156K → $106K
WEVA 2010-422 Settlement Harner 2011 $151K → $50K
WEVA 2012-120 Settlement Andrews 2013 $143K → $100K
WEVA 2012-538 Settlement Andrews 2013 $135K → $81K
WEVA 2019-0367 Settlement 2021 $102K → $102K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No 58 shows 96% of 1,065 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: 2019-03-08, 7 years ago
96%
within 1.5 mg/m3
1,065
samples
5.34
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.
375 samples taken by MSHA inspectors, 690 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR501
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)138
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)131

Silica (quartz)

Last sampled: 2019-01-28, 7 years ago
7.2
silica avg (%)
60
samples
18.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR37
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)10
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)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: 2018-10-22, 7 years ago
3%
over PEL
98
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)27
  • CONTINUOUS MINER OPERATOR17
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)14
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
2019 100% 15
2018 98% 242
2017 98% 181
2013 100% 30
2012 95% 110
2011 92% 103
2010 97% 66
2009 84% 50
2008 89% 57
2007 98% 49
2004 100% 14
2003 98% 46
2002 100% 60
2001 95% 42
Silica (quartz) by year
Year silica avg (%) samples
2019 13.9 1
2018 7.9 21
2017 6.3 13
2013 3.2 1
2012 1.6 2
2011 2.0 3
2010 9.8 2
2009 9.3 4
2008 9.8 3
2007 8.1 2
2004 7.5 1
2003 4.5 1
2002 5.0 2
2001 8.1 4
Noise by year
Year over PEL samples
2018 0% 20
2017 13% 15
2013 0% 11
2012 0% 5
2011 0% 12
2010 0% 2
2009 0% 6
2008 8% 13
2004 0% 4
2002 0% 5
2001 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No 58 recorded 0.00 reportable injury cases per 100 full-time workers in 2019.

Injury rate, 2019
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.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.39 and the all-US-mining average was 2.32 cases per 100 workers.
In West Virginia, coal mining averaged 4.51 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
2019 * 0.00 0.00 0.000
2018 1.18 1.18 0.000
2017 2.39 1.19 0.000
2013 * 24.52 0.00 0.000
2012 1.44 1.44 0.000
2011 1.15 0.00 0.000
2010 3.26 3.26 0.000
2009 * 13.57 13.57 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. Gapco Mining Company Inc 2001 to 2003
  2. Corvus Mining Inc 2003 to 2004
  3. Walnut Coal Corporation 2004 to 2006
  4. Pay Car Mining Inc 2006 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 0
2021 1
2020 3
2019 17 41,390
2018 74 193,214
2017 67 374,098
2016 7
2015 9
2014 5
2013 12 33,022
2012 65 160,585
2011 74 199,979
2010 56 110,341
2009 17 123,963
2008 28 114,061
2007 28 131,813
2006 15 6,867
2004 9 4,502
2003 28 116,975
2002 22 172,150
2001 13 63,160
Source: MSHA quarterly employment and production, updated weekly.

No 58 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 1 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2022 Q4 0 0 0
2022 Q2 0 0 0
2022 Q1 0 0 0
2021 Q3 600 0 0 0.0
2020 Q2 760 4 0 5263.2
Show 66 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2020 Q1 774 0 0 0.0
2019 Q4 11,658 0 0 0.0
2019 Q3 2,688 6 0 2232.1
2019 Q2 3,928 13 0 3309.6
2019 Q1 32,040 71 19 2216.0
2018 Q4 44,284 161 28 3635.6
2018 Q3 40,514 90 7 2221.5
2018 Q2 43,986 74 16 1682.4
2018 Q1 41,240 97 21 2352.1
2017 Q4 52,986 59 12 1113.5
2017 Q3 49,171 42 13 854.2
2017 Q2 38,756 62 17 1599.8
2017 Q1 26,520 81 19 3054.3
2016 Q4 1,632 0 0 0.0
2016 Q3 2,598 0 0 0.0
2016 Q2 680 0 0 0.0
2016 Q1 1,600 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 2 1
2015 Q2 1,574 1 0 635.3
2015 Q1 1,180 0 0 0.0
2014 Q4 1,143 2 0 1749.8
2014 Q3 2,750 1 0 363.6
2014 Q2 3,297 0 0 0.0
2014 Q1 2,685 7 1 2607.1
2013 Q4 7,540 24 13 3183.0
2013 Q3 7,547 1 0 132.5
2013 Q2 6,870 2 1 291.1
2013 Q1 2,511 3 0 1194.7
2012 Q4 4,050 16 5 3950.6
2012 Q3 51,987 47 10 904.1
2012 Q2 44,815 32 18 714.0
2012 Q1 38,333 32 5 834.8
2011 Q4 55,073 36 7 653.7
2011 Q3 43,227 76 25 1758.2
2011 Q2 38,726 114 57 2943.8
2011 Q1 37,524 32 6 852.8
2010 Q4 33,564 7 2 208.6
2010 Q3 27,208 33 7 1212.9
2010 Q2 28,420 19 5 668.5
2010 Q1 33,690 48 13 1424.8
2009 Q4 20,596 79 26 3835.7
2009 Q3 3,658 61 15 16675.8
2009 Q2 2,144 38 19 17723.9
2009 Q1 3,068 33 20 10756.2
2008 Q4 6,308 24 6 3804.7
2008 Q3 13,776 18 5 1306.6
2008 Q2 12,482 10 5 801.2
2008 Q1 9,576 12 7 1253.1
2007 Q4 13,632 35 12 2567.5
2007 Q3 14,253 21 5 1473.4
2007 Q2 11,568 11 3 950.9
2007 Q1 8,083 5 2 618.6
2006 Q4 8,905 0 0 0.0
2004 Q3 4,574 9 2 1967.6
2003 Q4 8,265 12 4 1451.9
2003 Q3 13,430 47 34 3499.6
2003 Q2 11,251 44 26 3910.8
2003 Q1 12,064 19 6 1574.9
2002 Q4 13,511 6 3 444.1
2002 Q3 10,287 19 10 1847.0
2002 Q2 9,539 27 12 2830.5
2002 Q1 8,125 21 9 2584.6
2001 Q4 9,938 29 13 2918.1
2001 Q3 5,526 12 8 2171.6
2001 Q2 1,308 14 6 10703.4
No fatalities recorded at this mine.

Reportable incidents

26 on file

2018 · 1 incident

July 11, 2018 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Pay Car Mining Inc · Struck by falling object

Was bolting the cross-cut from 6 to 7. Was installing the first row of bolts, when a rock rolled out and struck the employee on the heel of the foot.

2017 · 2 incidents

2013 · 3 incidents

October 28, 2013 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Pay Car Mining Inc · Struck by falling object

Employee was installing permanent roof bolts when a rock measuring 14" x 12" x 6" fell and struck the employee on the right wrist.

October 28, 2013 WV · Coal superintendent HANDLING OF MATERIALS
Pay Car Mining Inc · Struck by falling object

Employee was building a permanent stopping with solid block when a block became dislodged from the top level and fell approximately six feet and struck the employee's right index finger.

July 18, 2013 WV · Coal continuous miner operator, coal mole operator SLIP OR FALL OF PERSON
Pay Car Mining Inc · Struck by falling object

Employee was moving beam when he stumbled and fell. The beam fell and struck the employee in the head.

2012 · 2 incidents

May 21, 2012 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Pay Car Mining Inc · Struck by falling object

Employee was bolting top when a piece of drawrock measuring 2' x 1' x 3" fell and struck employees hand.

April 3, 2012 WV · Coal FALL OF ROOF OR BACK
Pay Car Mining Inc · Accident type, without injuries

A roof fall meas. 5-8' X 20' X 60' occurred 100' inby spad #2429 in the #6 intake entry. This area is approx. 25 c.c. outby MMU 005-0. The fall will be dangered off and will not be cleaned up.

2011 · 1 incident

May 24, 2011 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler HANDLING OF MATERIALS
Pay Car Mining Inc · Caught in, under or between a moving and a stationary object

Employee was installing a guard at No 4 belt drive when the guard slipped and fell on his left thumb.

2010 · 2 incidents

July 12, 2010 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Pay Car Mining Inc · Struck by falling object

Employee stated that while installing roof bolts, a piece of rock fell and struck him on his right shoulder.

2009 · 2 incidents

November 6, 2009 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Pay Car Mining Inc · Struck by... (Not Elsewhere Classified)

EE was installing a roofbolt, while pushing up on the bolt it spun and struck EE's hand.

May 4, 2009 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator FALL OF ROOF OR BACK
Pay Car Mining Inc · Struck by falling object

The employee was bolting top, a perney rock 16" long 12" wide 9" thick came off top, mashed his index finger against drill pot.

2007 · 1 incident

June 4, 2007 WV · Coal apprentice, trainee HANDLING OF MATERIALS
Pay Car Mining Inc · Over-exertion (Not Elsewhere Classified)

Employee stated that accident occurred 2 weeks prior to notifying management on 6-4-07 that while helping to hang a miner cable, he felt something pull on the right side of his neck.

2006 · 1 incident

December 4, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Pay Car Mining Inc · Struck by falling object

Putting pusher steel in starter-starter hung in hole, steel came out and hit him on left hand and cut his palm. Sent to Welch ER.

2004 · 1 incident

2003 · 6 incidents

November 11, 2003 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator

EE STEPPED BETWEEN A COUPLE OF ROCKS AND TRIPPED CAUSING HIM TO FALL ON LEFT ANKLE. EE WAS GOING TO TURN MAIN LINE WATER OFF. HE MAY HAVE FRACTURED HIS LEFT ANKLE WHEN HIS BODY WEIGHT FELL ON IT.

September 22, 2003 WV · Coal FALL OF ROOF OR BACK
Gapco Mining Company Inc · Accident type, without injuries

A ROOF FALL OCCURRED AT THE INTERSECTION JUST OUT BY THE FACE OF NO.3 ENTRY APPROXIMATELY 50-70'RIGHT OF SPAD NO. 763. THE FALL MEASURED 20 1/2 BY 29 1/2 BY 5-6' HIGH.

July 27, 2003 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) POWERED HAULAGE
Gapco Mining Company Inc · Caught in, under or between a moving and a stationary object

WHILE LOADING A FOAM FILLED SHUTTLE CAR TIRE ON A A FLAT CAR EE STEPPED IN A HOLE ON THE CAR. THE TIRE SLID ON OFF THE SCOOP BUCKET FACING THEBACK OF HIS RIGHT LEG INTO THE SOLID PART OF

July 19, 2003 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs)

WHILE BOLTING IN #2 FACE, EE WENT BACK TO MIDDLEOF MACHINE TO DROP ATRS TO ADVANCE MACHINE FORWARD; A PIECE OF DRAW ROCK FELL OUT FROM BETWEEN ROOF BOLTS ALREADY INSTALLED. THE PIN MEN WERE G ETTING READY TO INSTALL THEIR THIRD ROW OF BOLTS.

March 30, 2003 WV · Coal continuous miner operator, coal mole operator

SNOW ON STEPS CAUSED EMPLOYEE TO SLIP AND FALL.

2002 · 4 incidents

July 29, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Gapco Mining Company Inc · Struck by falling object

LOOSE ROCK FALLING, NO CUTS BRUISES TEARS ON CLOTHING OR VISIBLE SIGNS OF AN ACCIDENT. STATE INSPECTOR QUESTIONS THAT ROCK FELL ON VICTIM AT ALL. VICTIM REGUSED DRUG TEST.

July 15, 2002 WV · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler FALL OF ROOF OR BACK
Gapco Mining Company Inc · Struck by falling object

LOOSE ROCK STRUCK EMPLOYEE CUT FACE. NO HOSPITAL STAY.