Mining Incidents

No. 9: 95 MSHA citations Coal

Mallory, Logan County, WV  ·  Abandoned
MSHA Mine ID: 4608976

No. 9 has $56K in proposed MSHA penalties and $6K outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
4
Years on record
2008–2009
Latest incident
Oct 2009
Compliance record
MSHA citations since 2007
95
citations
40
significant & substantial
$55,805
proposed penalties
$42,081
paid to date
75% of proposed penalties paid to date, a $13,724 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
21
inspections on record
681
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: 681 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. 9 has $56K in proposed MSHA penalties and $6K outstanding across 10 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.
$56K
proposed penalties
$48K
current assessed
$42K
paid to date
$6K
outstanding
95 assessments are final orders; 10 contested dockets.
Of $31K in penalties contested before the Commission, $23K was upheld in final decisions.
As of the most recent assessment on 2012-06-27.
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.
42.1%
significant & substantial
7.4%
high negligence or reckless
45.3%
reasonably likely or greater
28.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 7.4% low, 85.3% moderate, 7.4% 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.
24 citations taken to the federal commission · 25% of citations on record
  • Settled 18 · 75%
  • Stood as issued 6 · 25%
79%
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 19 decided S&S contests · industry: 79%
25%
Penalty reduction in decided contests
$31K proposed, $23K 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 2012-08-28.
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 2009-757 Settlement Biro 2011 $6K → $6K
WEVA 2009-522 Default Lesnick 2011 $6K → $6K
WEVA 2012-1687 Settlement Simonton 2013 $5K → $2K
WEVA 2008-1591 Settlement Barbour 2010 $4K → $3K
WEVA 2008-1593 Settlement Lesnick 2010 $4K → $3K
WEVA 2009-1081 Settlement Rae 2011 $2K → $850
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at No. 9 shows 74% of 38 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: 2008-12-16, 17 years ago
74%
within 1.5 mg/m3
38
samples
3.22
dust max (mg/m3)
14 samples taken by MSHA inspectors, 24 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR22
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3
  • ROOF BOLTER (SINGLE HEAD)1

Silica (quartz)

Last sampled: 2008-12-19, 17 years ago
11.7
silica avg (%)
1
samples
11.7
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR1

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: 2008-11-13, 17 years ago
0%
over PEL
10
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR2
  • SCOOP CAR OPERATOR2
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)2
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

No. 9 recorded 2.98 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.
2.98
total case rate
2.98
days-away rate
0.000
fatality rate
Below 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.
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. Hampden Coal Company, Inc. 2002 to 2007
  2. Rockhouse Creek Development, LLC 2007 to 2015
  3. Rockhouse Creek Development, LLC 2015 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)
2010 3
2009 4
2008 35 83,334
2007 6
2006 0
2005 0
Source: MSHA quarterly employment and production, updated weekly.

No. 9 sits in Logan County, West Virginia, where the Census mining category is 6.6% 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.
Logan County, West Virginia · Population 31,826
6.6%
Mining share of county employment
$47,237
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
2010 Q4 0 0 0
2010 Q1 1,436 0 0 0.0
2009 Q4 1,440 0 0 0.0
2009 Q3 1,440 1 0 694.4
2009 Q2 2,496 2 0 801.3
2009 Q1 2,356 0 0 0.0
2008 Q4 18,400 29 8 1576.1
2008 Q3 26,332 35 14 1329.2
Show 8 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q2 19,943 3 1 150.4
2008 Q1 2,513 0 0 0.0
2007 Q4 3,528 0 0 0.0
2007 Q3 3,348 0 0 0.0
2006 Q4 0 0 0
2006 Q3 0 0 0
2006 Q2 0 0 0
2005 Q4 0 0 0
No fatalities recorded at this mine.

Reportable incidents

4 on file

2009 · 2 incidents

October 12, 2009 WV · Coal FALL OF ROOF OR BACK
Rockhouse Creek Development, LLC · Accident type, without injuries

An unplanned roof fall has occurred in the No 3 Entry at survey spad #142, the fall measures 20' in length, 20' wide, and 6' thick the fall does not affect travel or airways in this area.

2008 · 2 incidents

October 11, 2008 WV · Coal FALL OF ROOF OR BACK
Rockhouse Creek Development, LLC · Accident type, without injuries

A roof fall occcurred in the No. 5 entry, 500' outby the working face, measuring 20' wide by 30' long by 4' high. The affected area has been cribbed at entrances to the fall.

September 30, 2008 WV · Coal continuous miner operator, coal mole operator MACHINERY
Rockhouse Creek Development, LLC · Caught in, under or between a moving and a stationary object

The miner operator bent over to move the cable, when his chest activated the boom swing on the remote box and pushed his left leg into the rib.