Mining Incidents

No. 7: 133 MSHA citations Coal

Controlled by James River Coal Company
Gilbert, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4609068

No. 7 has $34K in proposed MSHA penalties and $0 outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
14
Years on record
2005–2006
Latest incident
Dec 2006
Compliance record
MSHA citations since 2005
133
citations
32
significant & substantial
$34,258
proposed penalties
$25,385
paid to date
74% of proposed penalties paid to date, a $8,873 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2004
13
inspections on record
737
inspection hours
n/a
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.
Rate withheld: 737 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

No. 7 has $34K in proposed MSHA penalties and $0 outstanding across 6 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.
$34K
proposed penalties
$25K
current assessed
$25K
paid to date
$0
outstanding
130 assessments are final orders; 6 contested dockets.
Of $23K in penalties contested before the Commission, $13K was upheld in final decisions.
As of the most recent assessment on 2006-12-19.
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.
24.6%
significant & substantial
2.3%
high negligence or reckless
25.4%
reasonably likely or greater
6.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.0% low, 77.7% moderate, 2.3% 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.
8 citations taken to the federal commission · 6% of citations on record
  • Settled 8 · 100%
83%
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 6 decided S&S contests · industry: 79%
42%
Penalty reduction in decided contests
$23K proposed, $13K 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 2007-07-30.
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 2007-365 Settlement Bulluck 2008 $14K → $9K
WEVA 2007-294 Settlement Bulluck 2007 $3K → $1K
WEVA 2007-487 Settlement Zielinski 2007 $2K → $2K
WEVA 2007-222 Settlement Weisberger 2007 $2K → $524
WEVA 2007-205 Settlement Weisberger 2007 $1K → $524
WEVA 2007-628 Settlement Zielinski 2008 $1K → $723
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 7 shows 87% of 91 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: 2007-01-30, 19 years ago
87%
within 1.5 mg/m3
91
samples
4.35
dust max (mg/m3)
31 samples taken by MSHA inspectors, 60 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR60
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)12
  • ROOF BOLTER (SINGLE HEAD)6

Silica (quartz)

Last sampled: 2007-02-09, 19 years ago
12.3
silica avg (%)
6
samples
21.8
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR5

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: 2005-06-21, 21 years ago
20%
over PEL
5
samples
Most-sampled occupations
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2
  • CONTINUOUS MINER OPERATOR1
  • ROOF BOLTER (SINGLE HEAD)1
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 90% 10
2006 83% 42
2005 90% 39
Silica (quartz) by year
Year silica avg (%) samples
2007 12.8 2
2006 13.1 2
2005 11.2 2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 7 recorded 17.28 reportable injury cases per 100 full-time workers in 2006.

Injury rate, 2006
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.
17.28
total case rate
17.28
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 4.87 and the all-US-mining average was 3.91 cases per 100 workers.
In West Virginia, coal mining averaged 5.26 cases per 100 workers that year.
Year total case rate days-away fatal
2006 17.28 17.28 0.000
2005 * 15.66 12.53 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. Rockhouse Creek Development Corp. 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)
2006 43 176,402
2005 31 191,357
2004 0
Source: MSHA quarterly employment and production, updated weekly.

No. 7 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
2006 Q4 19,938 11 4 551.7
2006 Q3 31,819 1 0 31.4
2006 Q2 25,063 19 4 758.1
2006 Q1 27,324 19 8 695.4
2005 Q4 20,014 35 5 1748.8
2005 Q3 23,161 26 8 1122.6
2005 Q2 20,690 21 3 1015.0
2005 Q1 0 1 0
Show 1 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

14 on file

2006 · 9 incidents

October 23, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler POWERED HAULAGE
Rockhouse Creek Development Corp. · Struck by falling object

Victim was dropping miner cable in order to move miner, when cable was suddenly pulled by 3 wheeler, causing cable to bust loose from remaining hangers and strike him, knocking him down.

September 12, 2006 WV · Coal electrician, lineman HANDTOOLS (NONPOWERED)
Rockhouse Creek Development Corp. · Struck by flying object

Victim was tapping in a miner bit insert into the bit lug on the miner, when an object (likely a metal fragment), struck him in the right lower eye lid, then entering the eye. *Note: Victim was wearing eye protection*

August 5, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Rockhouse Creek Development Corp. · Caught in, under or between (Not Elsewhere Classified)

Employee was installing roof bolt & caught his left hand on boom resulting in injury. (Ring finger.)

May 19, 2006 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) FALL OF ROOF OR BACK
Rockhouse Creek Development Corp. · Struck by falling object

Victim was bolting roof when a rock fell striking him on the chin. This caused a deep laceration of approximately 2 1/2" wide and 1/2" deep.

May 6, 2006 WV · Coal laborer, bull gang, parts runner, roustabout, roof trimmer/scaler SLIP OR FALL OF PERSON
Rockhouse Creek Development Corp. · Over-exertion (Not Elsewhere Classified)

Approx. 50' underground , ee got off manbus to open the door, he slipped and sprained his right foot. 6 work days.

2005 · 5 incidents

September 26, 2005 WV · Coal discontinued 1/31/2014. several other codes cover scoop car operator SLIP OR FALL OF PERSON
Rockhouse Creek Development Corp. · Fall to the walkway or working surface

VICTIM WAS DRAGGING CURTAIN AND SLIPPED IN MUD, FALLING ON GROUND AND INJURING HIS RIBS.

September 19, 2005 WV · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) SLIP OR FALL OF PERSON
Rockhouse Creek Development Corp. · Over-exertion (Not Elsewhere Classified)

VICTIM WAS LOADING ROOF BOLTS ONTO THE BOLTER. LOST HIS BALANCE WITH A LOAD OF BOLTS IN HIS HANDS TWISTING HIS RIGHT KNEE

September 8, 2005 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator POWERED HAULAGE
Rockhouse Creek Development Corp. · Struck by flying object

VICTIM WAS REMOVING ROCK FROM TAIL PIECE WHEN A ROCK FLIPPED OUT AND STRUCK HIM IN THE RIGHT ANKLE. THE VICTIM WAS NOT IMMEDIATELY CONCERNED. HOWEVER, THE ANKLE STARTED SWELLING SOON THERE AFTER.

May 5, 2005 WV · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator OTHER
Rockhouse Creek Development Corp. · Struck by... (Not Elsewhere Classified)

Two individuals got into a fight. One was knocked in the face and kicked in the back resulting in injuries to both. Company was advised of need for surgery on 5/25/05.