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Paynter Branch Surface Mine: 1 recorded fatality Coal

Oceana, Wyoming County, WV  ·  Abandoned
MSHA Mine ID: 4608582

Paynter Branch Surface Mine has $133K in proposed MSHA penalties and $12K outstanding across 10 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
23
Years on record
1998–2008
Latest incident
Sep 2008
Compliance record
MSHA citations since 2001
123
citations
72
significant & substantial
$133,142
proposed penalties
$68,007
paid to date
51% of proposed penalties paid to date, a $65,135 gap.
Source: MSHA violations data, updated weekly.
See Simmons Fork Mining Incorporated's full MSHA compliance history →
Inspection activity
MSHA inspections since 2001
43
inspections on record
1,870
inspection hours
6.6
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.
123 citations across 1,870 inspection hours.
Source: MSHA inspections data, updated weekly.

Paynter Branch Surface Mine has $133K in proposed MSHA penalties and $12K 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.
$133K
proposed penalties
$80K
current assessed
$68K
paid to date
$12K
outstanding
122 assessments are final orders; 10 contested dockets.
Of $109K in penalties contested before the Commission, $56K was upheld in final decisions.
As of the most recent assessment on 2010-12-21.
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.
59.0%
significant & substantial
8.2%
high negligence or reckless
60.7%
reasonably likely or greater
51.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 26.2% low, 65.6% moderate, 8.2% 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.
17 citations taken to the federal commission · 14% of citations on record
  • Settled 16 · 94%
  • Stood as issued 1 · 6%
81%
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 16 decided S&S contests · industry: 79%
49%
Penalty reduction in decided contests
$109K proposed, $56K 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 2009-07-31.
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 2008-1478 Settlement Feldman 2013 $34K → $12K
WEVA 2008-459 Settlement Melick 2009 $31K → $25K
WEVA 2006-76 Settlement Feldman 2007 $23K → $6K
WEVA 2009-581 Settlement Barbour 2011 $12K → $7K
WEVA 2008-538 Settlement Lesnick 2010 $6K → $5K
WEVA 2008-657 Settlement Melick 2009 $1K → $426
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Paynter Branch Surface Mine shows 99% of 90 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: 2010-07-30, 16 years ago
99%
within 1.5 mg/m3
90
samples
1.79
dust max (mg/m3)
90 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR27
  • HIGHLIFT OPERATOR/FRONT END LOADER24
  • BULLDOZER OPERATOR23

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: 2010-08-04, 16 years ago
0%
over PEL
29
samples
Most-sampled occupations
  • BULLDOZER OPERATOR8
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
  • HIGHWALL DRILL OPERATOR5
See US mines ranked by noise samples over the legal limit.
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
2010 100% 10
2009 90% 10
2008 100% 10
2007 100% 5
2006 100% 5
2005 100% 10
2004 100% 15
2003 100% 5
2002 100% 10
2001 100% 10
Noise by year
Year over PEL samples
2010 0% 5
2009 0% 5
2008 0% 5
2006 0% 4
2005 0% 5
2004 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Paynter Branch Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2010.

Injury rate, 2010
ⓘ 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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 3.96 and the all-US-mining average was 3.20 cases per 100 workers.
In West Virginia, coal mining averaged 4.50 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
2010 * 0.00 0.00 0.000
2009 * 0.00 0.00 0.000
2008 * 0.00 0.00 0.000
2007 0.00 0.00 0.000
2006 0.00 0.00 0.000
2005 0.00 0.00 0.000
2004 0.00 0.00 0.000
2003 * 0.00 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. A T V Voyager Mining Company Inc 1996 to 2001
  2. Simmons Fork Mining Incorporated 2001 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)
2011 2
2010 14 163,046
2009 27 175,370
2008 33 430,780
2007 37 634,279
2006 41 646,961
2005 54 843,895
2004 48 811,997
2003 35 601,604
2002 33 523,216
2001 19 182,713
2000 19 18,786
Source: MSHA quarterly employment and production, updated weekly.

Paynter Branch Surface Mine sits in Wyoming County, West Virginia, where the Census mining category is 11.2% 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.
Wyoming County, West Virginia · Population 20,948
11.2%
Mining share of county employment
$48,038
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
2011 Q4 3 0 0 0.0
2011 Q3 3 0 0 0.0
2011 Q2 296 0 0 0.0
2011 Q1 4,184 0 0 0.0
2010 Q4 5,579 1 0 179.2
2010 Q3 9,883 1 0 101.2
2010 Q2 11,011 0 0 0.0
2010 Q1 12,613 1 0 79.3
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2009 Q4 14,568 0 0 0.0
2009 Q3 13,389 3 0 224.1
2009 Q2 14,386 0 0 0.0
2009 Q1 19,921 0 0 0.0
2008 Q4 20,432 0 0 0.0
2008 Q3 23,082 0 0 0.0
2008 Q2 25,459 6 4 235.7
2008 Q1 24,096 6 1 249.0
2007 Q4 21,718 0 0 0.0
2007 Q3 25,684 5 4 194.7
2007 Q2 26,220 8 8 305.1
2007 Q1 28,621 1 1 34.9
2006 Q4 26,279 1 0 38.1
2006 Q3 28,731 0 0 0.0
2006 Q2 27,517 3 2 109.0
2006 Q1 32,085 0 0 0.0
2005 Q4 31,478 4 4 127.1
2005 Q3 34,422 0 0 0.0
2005 Q2 37,696 9 5 238.8
2005 Q1 40,687 0 0 0.0
2004 Q4 41,902 15 7 358.0
2004 Q3 34,295 1 1 29.2
2004 Q2 30,147 0 0 0.0
2004 Q1 27,091 2 0 73.8
2003 Q4 23,517 0 0 0.0
2003 Q3 24,473 3 3 122.6
2003 Q2 23,709 0 0 0.0
2003 Q1 22,644 0 0 0.0
2002 Q4 20,173 2 0 99.1
2002 Q3 18,705 0 0 0.0
2002 Q2 22,133 5 3 225.9
2002 Q1 21,641 0 0 0.0
2001 Q4 16,222 1 0 61.6
2001 Q3 16,272 2 0 122.9
2001 Q2 6,261 0 0 0.0
2000 Q1 4,579 0 0 0.0

Fatalities at this mine

1 recorded

Reportable incidents

22 on file (excluding fatalities above)

2008 · 4 incidents

September 9, 2008 WV · Coal welder (shop) HANDTOOLS (NONPOWERED)
Simmons Fork Mining Incorporated · Over-exertion (Not Elsewhere Classified)

Hitting a piece of cold roll with sledge hammer, he missed the cold roll, hitting another piece of metal which caused the sledge hammer to "twist", which twisted the right wrist, causing injury.

March 17, 2008 WV · Coal FIRE
Simmons Fork Mining Incorporated · Accident type, without injuries

A fire occurred on the 2002 sterling fuel lube truck co#135, fire was not extingusted within 30min. The fire was put out by the local fire dept. There was no injuries during this event.

January 7, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Simmons Fork Mining Incorporated · Over-exertion in pulling or pushing objects

Using pry bar to get brake slack adjuster off & got pain in groin area.

2006 · 1 incident

October 10, 2006 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Simmons Fork Mining Incorporated · Struck against a moving object

The truck that employee was operating overturned.

2005 · 1 incident

July 13, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Simmons Fork Mining Incorporated · Over-exertion (Not Elsewhere Classified)

Employee was coming down from off a machine when his foot slipped and he twisted his left knee.

2004 · 2 incidents

December 27, 2004 WV · Coal quality control technician, laboratory technician, laboratory assistant HANDLING OF MATERIALS
Simmons Fork Mining Incorporated · Over-exertion (Not Elsewhere Classified)

Employee was repairing 988F that would not start due to the cole; in effort to start machine, had to use the hand priming pump and while pumping strained right shoulder.

June 10, 2004 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Simmons Fork Mining Incorporated · Struck against a moving object

Employee was being loaded by loader when the loader dropped a large rock into the truck. The rock jarred employee, injuring shoulder.

2003 · 1 incident

2002 · 1 incident

July 18, 2002 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Simmons Fork Mining Incorporated · Struck by rolling or sliding object

VICTIM WAS INSTALLING THE REAR END IN A WESTERN STAR TANDEM WHEN IT ROLLED OVER ON HIS RIGHT ARM.

2000 · 1 incident

February 6, 2000 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
A T V Voyager Mining Company Inc · Fall from machine

STEPPED OUT OF LOADER AND FELT SICK AND HE SAID THAT HE GOT DIZZY AND FELL OFF 180 LOADER.

1999 · 5 incidents

December 30, 1999 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
A T V Voyager Mining Company Inc · Fall from machine

HE WAS SICK AT STOMACH AND GOT OUT OF 777 ROCK TRUCK AND FELL TO GROUND ABOUT 10 FT. HE WAS COMPLAINING WITH HIS NECK AND BACK.

July 14, 1999 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
A T V Voyager Mining Company Inc · Struck against a moving object

A ROCK SLIPPED OUT OF EX2500 BUCKET AND HIT ON BACK LIP OF TRUCK BED RESULTING IN TRUCK BED FLYING UP AND SLAMMING BACK DOWN, JOLTING EMPLOYEE.

April 21, 1999 WV · Coal coal/ore shovel operator, shoveler, power shoveler MACHINERY
A T V Voyager Mining Company Inc · Struck against a moving object

OPERATOR WAS RUNNING AN ESQUVATOR AND PULLED MUCSCLE IN HIS BACK.

February 1, 1999 WV · Coal drill operator HANDTOOLS (NONPOWERED)
A T V Voyager Mining Company Inc · Over-exertion in pulling or pushing objects

THE EE WAS OPERATING THE DRILL. WHEN THE DRILL STEEL WOULD NOT BREAK AND HE HAD TO USE A DECK WRENCH TO HELP BREAK THE STEEL APART. WHILE USING THE DECK WRENCH, HE INJURED BACK.

1998 · 6 incidents

October 28, 1998 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey SLIP OR FALL OF PERSON
A T V Voyager Mining Company Inc · Over-exertion (Not Elsewhere Classified)

EE STEPPED DOWN FROM CAB OF POWDER TRUCK ONTO THE GROUND, AND WE THOUGHT HE HAD SPRAINED HIS ANKLE, BUT HE WENT TO THE DR THE FOLLOWING MORNING AND THEY SAID THAT IT WAS BROKE. HE DIDN'T WANT TO GO TO THE DR THE EVENING THE ACCIDENT HAPPENED.

June 12, 1998 WV · Coal blaster, shooter, shotfirer, explosive worker, powder gang/monkey STEPPING OR KNEELING ON OBJECT
A T V Voyager Mining Company Inc · Struck against stationary object

BLASTER STEPPED OUT OF HIS PRELL TRUCK & STEPPEDO A ROCK & BADLY SPRAINED OR COULD HAVE POSSIBLYBROKE HIS ANKLE-HE WAS TAKEN TO MANARCH FOR X-RAYS

January 30, 1998 WV · Coal rodman, surveyor/transit helper FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
A T V Voyager Mining Company Inc · Struck by falling object

SURVEYORS WERE SURVEYING PITS AND ONE RODMAN GOT UNDER A PART OF WALL THAT WAS DRIPPING DUE TO THE BIG SNOW WE JUST HAD AND A ROCK CAME DOWN ABOUT 30 FEET AND HIT HIM IN THE ARM AND LEG. HE PU LLED SOME LIGAMENTS IN HIS ARM AND HAD A COMPOUND FRACTURE ON HIS LEG.