Mining Incidents

Patton No 11: 128 MSHA citations Coal

DFM Coal, LLC · Surface
Wharncliffe, Mingo County, WV  ·  Abandoned
MSHA Mine ID: 4608904

Patton No 11 has $71K in proposed MSHA penalties and $7K outstanding across 8 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
7
Years on record
2002–2016
Latest incident
Jun 2016
Compliance record
MSHA citations since 2002
128
citations
67
significant & substantial
$71,322
proposed penalties
$44,699
paid to date
63% of proposed penalties paid to date, a $26,624 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2002
55
inspections on record
1,460
inspection hours
8.8
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.
128 citations across 1,460 inspection hours.
Source: MSHA inspections data, updated weekly.

Patton No 11 has $71K in proposed MSHA penalties and $7K 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.
$71K
proposed penalties
$51K
current assessed
$45K
paid to date
$7K
outstanding
123 assessments are final orders; 8 contested dockets.
Of $41K in penalties contested before the Commission, $18K was upheld in final decisions.
As of the most recent assessment on 2018-04-11.
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.
54.5%
significant & substantial
2.4%
high negligence or reckless
55.3%
reasonably likely or greater
56.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 20.3% low, 77.2% moderate, 2.4% 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.
19 citations taken to the federal commission · 15% of citations on record
  • Settled 17 · 89%
  • Stood as issued 1 · 5%
  • Vacated or withdrawn 1 · 5%
73%
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 15 decided S&S contests · industry: 79%
55%
Penalty reduction in decided contests
$41K proposed, $18K 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 2012-09-12.
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 2008-509 Settlement Lesnick 2009 $16K → $7K
WEVA 2011-1354 Settlement Rae 2012 $12K → $5K
WEVA 2009-1039 Settlement Gill 2012 $6K → $4K
WEVA 2012-417 Withdrawal Lewis 2013 $2K → $0
WEVA 2012-1447 Settlement Zielinski 2013 $1K → $750
WEVA 2011-27 Settlement Koutras 2013 $1K → $913
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Patton No 11 shows 98% of 51 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: 2018-04-11, 8 years ago
98%
within 1.5 mg/m3
51
samples
2.16
dust max (mg/m3)
0
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.
46 samples taken by MSHA inspectors, 5 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR17
  • HIGHLIFT OPERATOR/FRONT END LOADER11
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8

Silica (quartz)

Last sampled: 2018-04-23, 8 years ago
13.4
silica avg (%)
4
samples
24.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR3
  • HIGHWALL DRILL 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: 2017-09-13, 8 years ago
8%
over PEL
12
samples
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHLIFT OPERATOR/FRONT END LOADER2
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE2
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
2018 100% 3
2017 100% 6
2012 80% 5
2011 100% 5
2010 100% 3
2007 100% 3
2006 100% 6
2005 100% 5
2003 100% 4
2002 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2018 7.4 1
2017 4.0 1
2006 18.1 1
2002 24.3 1
Noise by year
Year over PEL samples
2017 0% 3
2011 17% 6
2010 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Patton No 11 recorded 3.22 reportable injury cases per 100 full-time workers in 2012.

Injury rate, 2012
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.
3.22
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.74 and the all-US-mining average was 2.96 cases per 100 workers.
In West Virginia, coal mining averaged 4.13 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
2012 * 3.22 0.00 0.000
2009 * 0.00 0.00 0.000
2006 * 3.81 3.81 0.000
2005 * 2.65 0.00 0.000
2002 * 5.23 5.23 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. Min Inc 2001 to 2001
  2. Nell Jean Industries, Inc. 2001 to 2005
  3. Appalachian Fuels LLC 2005 to 2007
  4. KWV Operations LLC 2007 to 2009
  5. DFM Coal LLC 2009 to 2010
  6. Metelectric, LLC 2010 to 2011
  7. DFM Coal, LLC 2011 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)
2019 5
2018 7
2017 12 14,497
2016 7
2015 8
2014 9
2013 8
2012 27 88,147
2011 25 52,457
2010 4 20,550
2009 10 3,794
2008 7
2007 11 4,396
2006 32 115,237
2005 37 164,000
2003 3 18,881
2002 17 133,166
2001 17 14,445
Source: MSHA quarterly employment and production, updated weekly.

Patton No 11 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
2019 Q4 1,082 0 0 0.0
2019 Q3 3,198 0 0 0.0
2019 Q2 2,564 0 0 0.0
2019 Q1 2,907 0 0 0.0
2018 Q4 3,332 0 0 0.0
2018 Q3 3,486 0 0 0.0
2018 Q2 3,546 2 0 564.0
2018 Q1 3,856 0 0 0.0
Show 56 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q4 3,431 3 0 874.4
2017 Q3 5,245 0 0 0.0
2017 Q2 6,674 5 0 749.2
2017 Q1 2,633 0 0 0.0
2016 Q4 2,356 0 0 0.0
2016 Q3 2,306 0 0 0.0
2016 Q2 2,381 0 0 0.0
2016 Q1 2,317 0 0 0.0
2015 Q4 2,380 0 0 0.0
2015 Q3 2,505 0 0 0.0
2015 Q2 2,186 1 0 457.5
2015 Q1 2,198 0 0 0.0
2014 Q4 3,663 3 2 819.0
2014 Q3 3,890 0 0 0.0
2014 Q2 3,545 1 1 282.1
2014 Q1 3,094 0 0 0.0
2013 Q3 3,833 0 0 0.0
2013 Q2 3,274 1 0 305.4
2013 Q1 3,164 0 0 0.0
2012 Q4 2,150 2 0 930.2
2012 Q3 2,725 0 0 0.0
2012 Q2 29,750 11 5 369.7
2012 Q1 27,540 0 0 0.0
2011 Q4 23,658 8 0 338.2
2011 Q3 5,914 2 1 338.2
2011 Q2 0 0 0
2010 Q3 1,820 16 2 8791.2
2010 Q1 0 0 0
2009 Q4 5,655 0 0 0.0
2009 Q3 6,775 0 0 0.0
2009 Q2 4,397 3 3 682.3
2009 Q1 6,638 0 0 0.0
2008 Q4 2,701 4 4 1480.9
2008 Q3 3,700 0 0 0.0
2008 Q2 2,276 3 1 1318.1
2008 Q1 2,164 0 0 0.0
2007 Q4 3,893 10 8 2568.7
2007 Q3 6,414 0 0 0.0
2007 Q1 3,144 0 0 0.0
2006 Q4 6,348 0 0 0.0
2006 Q3 5,313 0 0 0.0
2006 Q2 18,040 0 0 0.0
2006 Q1 22,787 0 0 0.0
2005 Q4 35,996 0 0 0.0
2005 Q3 31,792 7 7 220.2
2005 Q2 7,587 0 0 0.0
2005 Q1 0 0 0
2003 Q4 0 0 0
2003 Q3 0 0 0
2003 Q2 1,999 0 0 0.0
2003 Q1 6,292 5 5 794.7
2002 Q4 13,458 0 0 0.0
2002 Q3 9,152 0 0 0.0
2002 Q2 6,111 0 0 0.0
2002 Q1 9,541 3 3 314.4
2001 Q4 6,485 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

7 on file

2016 · 1 incident

June 21, 2016 WV · Coal security guard, watchman SLIP OR FALL OF PERSON
DFM Coal, LLC · Fall to the walkway or working surface

Was coming back from car stepped over gate and missed stepped and fell on face, skinned knees and elbows, jammed wrists and shoulder, chipped tooth. No first aid on job, not reported at time of accident. Went to doctor the next day x-rayed didn't find anything wrong.

2012 · 1 incident

September 6, 2012 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
DFM Coal, LLC · Struck by... (Not Elsewhere Classified)

Employee was going to move the Komatsu 200 excavator that was owned by a contractor which had a broke door glass. When he went to open the door, some slivers of glass went into his eye. We attempted to wash it out and could not, so we took him to the Emergency Room. Which the glass was washed out and he returned to work.

2007 · 1 incident

February 1, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Appalachian Fuels LLC · Fall from machine

Employee was on a dozer when he got his foot tangled up in the track, lost his balance and fell to the ground.

2006 · 1 incident

January 7, 2006 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDTOOLS (NONPOWERED)
Appalachian Fuels LLC · Over-exertion in lifting objects

Employee was lifting on a slate bar while trying to hook up a chain link on a road grader and strained his lower back. Employee did not report accident until 1-10-2006. Employee missed one day of work

2005 · 1 incident

November 4, 2005 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator POWERED HAULAGE
Appalachian Fuels LLC · Struck against a moving object

Employee was operating a loader when he backed into high wall and damaged the equipment. At the end of the shift, employee left the job without reporting the damages. On 11/4/05 employee called in and wanted the day off, wife hand delivered the Workers Comp WC-1 form and alledged the employee had an injury.Employee filed claim after he was terminated.

2003 · 1 incident

February 20, 2003 WV · Coal backhoe operator, trackhoe operator, crane operator SLIP OR FALL OF PERSON
Nell Jean Industries, Inc. · Fall from machine

EMPLOYEE WAS STANDING ON LEFT FRONT FENDER PLATFORM, CLEANING WINDSHIELD, WHEN HE FELL OFF LOADER AND LANDED ON HIS BACK.

2002 · 1 incident

September 17, 2002 WV · Coal backhoe operator, trackhoe operator, crane operator HANDLING OF MATERIALS
Nell Jean Industries, Inc. · Over-exertion (Not Elsewhere Classified)

EMPLOYEE SLIPPED GETTING ON THE BACKHOE. AS HE WAS FALLING, HE GRABBED THE HANDRAIL AND PULLED A MUSCLE IN HIS GROIN. EE DID NOT MISS WORK UNTIL 9-24-02.