Mining Incidents

Pocahontas Highwall Mine: 193 MSHA citations Coal

Controlled by Metinvest B V
Josephine, Raleigh County, WV  ·  NonProducing
MSHA Mine ID: 4609096

Pocahontas Highwall Mine has $152K in proposed MSHA penalties and $65K outstanding across 14 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2005–2022
Latest incident
Sep 2022
Compliance record
MSHA citations since 2005
193
citations
63
significant & substantial
$152,457
proposed penalties
$82,669
paid to date
54% of proposed penalties paid to date, a $69,788 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2005
80
inspections on record
2,722
inspection hours
7.1
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.
193 citations across 2,722 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: 2011-03-28.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Pocahontas Highwall Mine has $152K in proposed MSHA penalties and $65K outstanding across 14 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.
$152K
proposed penalties
$147K
current assessed
$83K
paid to date
$65K
outstanding
186 assessments are final orders; 14 contested dockets.
Of $123K in penalties contested before the Commission, $95K 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.
33.9%
significant & substantial
3.2%
high negligence or reckless
38.7%
reasonably likely or greater
30.6%
permanently disabling or fatal if injury occurs
Negligence coding: 2.7% none, 33.3% low, 60.8% moderate, 3.2% 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.
34 citations taken to the federal commission · 18% of citations on record
  • Settled 32 · 94%
  • Vacated or withdrawn 2 · 6%
78%
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 23 decided S&S contests · industry: 79%
22%
Penalty reduction in decided contests
$123K proposed, $95K 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 2020-06-09.
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 2012-1783 Prevail Gill 2015 $53K → $57K
WEVA 2009-1359 Settlement Lesnick 2010 $25K → $4K
WEVA 2013-1035 Settlement Gill 2014 $12K → $11K
WEVA 2009-1553 Settlement Miller 2011 $8K → $7K
WEVA 2014-226 Settlement Gill 2016 $8K → $7K
WEVA 2020-0374 Settlement Lewis 2020 $3K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Pocahontas Highwall Mine shows 100% of 227 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: 2024-05-01
100%
within 1.5 mg/m3
227
samples
0.70
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.
150 samples taken by MSHA inspectors, 77 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR112
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE33
  • HIGHWALL DRILL OPERATOR26

Silica (quartz)

Last sampled: 2024-04-03
16.6
silica avg (%)
15
samples
62.0
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR11
  • HIGHWALL DRILL OPERATOR4

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: 2024-03-25
0%
over PEL
79
samples
Most-sampled occupations
  • BULLDOZER OPERATOR29
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17
  • ROTARY BUCKET EXCAVATOR OPERATOR12
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
2024 100% 10
2023 100% 19
2022 100% 21
2021 100% 17
2020 100% 19
2019 100% 19
2018 100% 25
2017 100% 9
2016 100% 10
2015 100% 6
2014 100% 5
2013 100% 10
2012 100% 11
2011 100% 10
2010 100% 8
2009 100% 5
2008 100% 9
2007 100% 10
2005 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2024 12.9 2
2023 24.0 2
2022 14.4 2
2021 25.5 3
2020 6.7 4
2019 37.1 1
2018 5.6 1
Noise by year
Year over PEL samples
2024 0% 5
2023 0% 5
2022 0% 5
2021 0% 4
2020 0% 6
2019 0% 4
2018 0% 10
2017 0% 5
2016 0% 4
2013 0% 6
2012 0% 5
2011 0% 5
2010 0% 4
2009 0% 3
2008 0% 8
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Pocahontas Highwall Mine recorded 6.26 reportable injury cases per 100 full-time workers in 2022.

Injury rate, 2022
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.
6.26
total case rate
0.00
days-away rate
0.000
fatality rate
Above average. The US coal mining average was 3.26 and the all-US-mining average was 2.12 cases per 100 workers.
In West Virginia, coal mining averaged 3.68 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
2022 * 6.26 0.00 0.000
2020 * 0.00 0.00 0.000
2019 * 0.00 0.00 0.000
2018 * 0.00 0.00 0.000
2015 * 0.00 0.00 0.000
2014 * 0.00 0.00 0.000
2013 0.00 0.00 0.000
2012 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. North Star One LLC 2005 to 2009
  2. North Star One LLC 2009 to 2012
  3. Pocahontas Coal Company, LLC 2012 to present
  4. Omega Highwall Mining Services, LLC 2014 to 2014
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)
2026 0
2025 0
2024 5 3,250
2023 10 18,306
2022 14 9,796
2021 5 3,271
2020 10 4,951
2019 15 18,884
2018 17 10,178
2017 9
2016 6
2015 13
2014 12 62,209
2013 38 335,298
2012 57 548,069
2011 32 459,818
2010 33 223,782
2009 51 204,380
2008 47 275,649
2007 19 165,527
2006 43 245,231
2005 27 537,010
Source: MSHA quarterly employment and production, updated weekly.

Pocahontas Highwall Mine sits in Raleigh County, West Virginia, where the Census mining category is 4.0% 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.
Raleigh County, West Virginia · Population 73,666
4.0%
Mining share of county employment
$52,055
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
2026 Q2 0 0 0
2026 Q1 0 0 0
2025 Q4 0 0 0
2025 Q3 0 0 0
2025 Q2 0 0 0
2025 Q1 0 0 0
2024 Q4 0 0 0
2024 Q3 3,844 0 0 0.0
Show 78 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 3,562 0 0 0.0
2024 Q1 2,341 1 0 427.2
2023 Q4 3,102 0 0 0.0
2023 Q3 3,375 5 2 1481.5
2023 Q2 3,202 0 0 0.0
2023 Q1 9,235 2 0 216.6
2022 Q4 2,656 0 0 0.0
2022 Q3 9,240 4 0 432.9
2022 Q2 2,468 0 0 0.0
2022 Q1 17,560 6 0 341.7
2021 Q4 656 0 0 0.0
2021 Q3 992 4 1 4032.3
2021 Q2 1,056 0 0 0.0
2021 Q1 1,008 0 0 0.0
2020 Q4 3,068 0 0 0.0
2020 Q3 3,410 0 0 0.0
2020 Q2 3,712 0 0 0.0
2020 Q1 11,508 22 1 1911.7
2019 Q4 6,420 0 0 0.0
2019 Q3 8,033 3 0 373.5
2019 Q2 11,959 1 0 83.6
2019 Q1 15,991 2 0 125.1
2018 Q4 14,069 0 0 0.0
2018 Q3 8,954 0 0 0.0
2018 Q2 9,510 0 0 0.0
2018 Q1 9,103 2 0 219.7
2017 Q4 5,994 0 0 0.0
2017 Q3 5,195 1 0 192.5
2017 Q2 3,855 0 0 0.0
2017 Q1 4,087 0 0 0.0
2016 Q4 3,792 0 0 0.0
2016 Q3 2,964 0 0 0.0
2016 Q2 3,882 0 0 0.0
2016 Q1 4,934 0 0 0.0
2015 Q4 5,195 0 0 0.0
2015 Q3 6,139 0 0 0.0
2015 Q2 6,421 0 0 0.0
2015 Q1 5,713 1 0 175.0
2014 Q4 4,112 0 0 0.0
2014 Q3 4,266 0 0 0.0
2014 Q2 5,268 1 0 189.8
2014 Q1 22,690 8 4 352.6
2013 Q4 21,745 0 0 0.0
2013 Q3 37,735 7 2 185.5
2013 Q2 42,769 1 0 23.4
2013 Q1 43,187 5 2 115.8
2012 Q4 33,379 4 0 119.8
2012 Q3 46,837 4 0 85.4
2012 Q2 45,827 0 0 0.0
2012 Q1 43,254 3 3 69.4
2011 Q4 35,296 0 0 0.0
2011 Q3 28,761 1 0 34.8
2011 Q2 25,132 0 0 0.0
2011 Q1 21,162 0 0 0.0
2010 Q4 14,643 0 0 0.0
2010 Q3 22,562 1 0 44.3
2010 Q2 26,215 0 0 0.0
2010 Q1 33,723 1 0 29.7
2009 Q4 41,302 0 0 0.0
2009 Q3 22,534 5 3 221.9
2009 Q2 31,522 0 0 0.0
2009 Q1 57,999 17 10 293.1
2008 Q4 48,203 1 0 20.7
2008 Q3 47,930 0 0 0.0
2008 Q2 27,135 7 1 258.0
2008 Q1 25,540 0 0 0.0
2007 Q4 16,114 8 4 496.5
2007 Q3 8,178 1 0 122.3
2007 Q2 8,206 2 0 243.7
2007 Q1 18,493 0 0 0.0
2006 Q4 21,846 2 0 91.5
2006 Q3 26,992 0 0 0.0
2006 Q2 30,322 1 0 33.0
2006 Q1 27,582 0 0 0.0
2005 Q4 19,862 2 1 100.7
2005 Q3 20,205 0 0 0.0
2005 Q2 13,400 0 0 0.0
2005 Q1 2,500 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

22 on file

2022 · 2 incidents

September 1, 2022 WV · Coal welder (shop) MACHINERY
Pocahontas Coal Company, LLC · Caught in, under or between a moving and a stationary object

While drilling out a broken bolt with a magnet drill on a D7 roller frame, EE was running the drill while magnetized to the frame. As the bit finished drilling through the broken bolt it bound up causing the drill to spin around pinching EE's fingers between the drill and the frame.

February 23, 2022 WV · Coal FALL OF FACE/RIB/PILLAR/SIDE/HIGHWALL
Pocahontas Coal Company, LLC · Accident type, without injuries

At approximately 11:30AM on February 23 there was a wall failure at the Pocahontas Surface Mine. The wall fell onto the 52 HWM covering the miner back to the launch pad. There were NO injuries to any employees on the miner. This is to report wall failure only.

2020 · 1 incident

January 9, 2020 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Pocahontas Coal Company, LLC · Fall from ladders

Repairing a hydraulic leak on the 1200 Hitachi excavator. EE was on the second rung of the ladder. When EE broke loose a bolt, EE lost footing, which led to EE falling off the ladder to the ground. The ground surface was uneven where EE landed.

2019 · 1 incident

October 2, 2019 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Pocahontas Coal Company, LLC · Contact with hot objects or substances

Lying beside roller frame using oxy/ace torch to cut broken bolts from frame - torch popped and slag went into left ear causing a thermal burn.

2018 · 1 incident

February 11, 2018 WV · Coal FIRE
Pocahontas Coal Company, LLC · Accident type, without injuries

I received a call from security had notified the mantrip bus was on fire. The security guard had stopped near the bus to eat lunch when ee noticed flames come out from under the hood. The job was idle no and employees were injured. This was an inactive part of the job where employees parked.

2013 · 1 incident

August 7, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Pocahontas Coal Company, LLC · Struck by falling object

Lowering belly pan on A40D truck and it fell on his foot & broke ankle

2012 · 3 incidents

September 7, 2012 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Pocahontas Coal Company, LLC · Struck by falling object

Employee was cutting a tree. When the tree began to fall a limb fell and hit employee knocking him to the ground breaking his leg.

January 15, 2012 WV · Coal pumper FALLING/SLIDING/ROLLING MATERIALS
North Star One LLC · Struck by falling object

EE positioned his left leg under the cutter drum of the #53 Highwall Miner in an attempt to remove bolts from the cutterhead auger. Inadequate blocking material allowed the cutterdrum to strike his lower left leg causing fractures and puncture wounds.

2011 · 1 incident

May 4, 2011 WV · Coal welder (shop) HANDLING OF MATERIALS
North Star One LLC · Over-exertion in lifting objects

EE and another ee was moving a pallet of materials. EE picked his side up by hand so another ee picked his side up also by hand. EE went to take a step and relized his back was hurting so they set the pallet back down. EE reported to EE(Supervisor) that he had hurt his back lifting the pallet.

2010 · 1 incident

August 10, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
North Star One LLC · Fall to the walkway or working surface

Foot slipped on step and EE fell to the ground and his foot twisted.

2009 · 3 incidents

November 16, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
North Star One LLC · Caught in, under or between a moving and a stationary object

While tramming his Komatsu PC-220 excavator around the Highwall Miner the operator opened his window and reached out to pull his mirror in and caught his left hand between the mirror and the highwall miner lacerating it. He received (9) sutures to his left hand. This is to report medical treatment only, no days were lost.

March 10, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
North Star One LLC · Over-exertion (Not Elsewhere Classified)

Employee using right side handrail to pull up on truck, pulled muscle in right upper arm.

January 17, 2009 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
North Star One LLC · Struck against stationary object

Employee was riding bus (mantrip) and when it approached his piece of equipment he stood up as the bus operator braked and he fell and stuck his head on the header above the windshield. He was diagnoised with a cervical strain and concussion.

2008 · 2 incidents

December 31, 2008 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
North Star One LLC · Struck by falling object

Employee was changing bits on a miner head when a rock slid out about 3 or 4 feet and struck his right hand and cut his pinky finger.

May 29, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
North Star One LLC · Struck by... (Not Elsewhere Classified)

Mechanic was welding on a truck and when he finished he started rolling up the stinger lead and it become tangled with the ground clamp lead. He pulled on the stinger lead and the ground clamp came off the truck and struck his right hand fracturing his fourth (index) metacarpal. This is to report medical treatment only.

2007 · 1 incident

January 31, 2007 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
North Star One LLC · Struck by... (Not Elsewhere Classified)

The mechainc was using a screw driver to pry on a cover on a cat 345 excavator when the screw driver broke and struck him on his upper lip lacerating it. The wound required (7) sutures to repair it. No days were lost, this is to report medical treatment only.

2006 · 4 incidents

December 26, 2006 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger POWERED HAULAGE
North Star One LLC · Struck against a moving object

Operator was in an A40 D Volvo truck while being loaded by a 988F Cat Loader. While the loader operator was preparing to dump the first bucket of rock in the truck bed a rock slipped out and struck the bed jarring the operator spraining his lower back.

September 23, 2006 WV · Coal electrician, lineman SLIP OR FALL OF PERSON
North Star One LLC · Over-exertion (Not Elsewhere Classified)

The HWM electrician developed pain in his lower back after his right foot slipped as he stepped into the power head area of the Superior High Wall Miner. He finished his shift and started off on 09/24/06.

January 25, 2006 WV · Coal assayer, geologist, metallurgist, engineer, engineer management HANDTOOLS (NONPOWERED)
North Star One LLC · Struck by... (Not Elsewhere Classified)

While changing bits on the highwall miner cutter head, the foreman struck the distal end of his left little finger with a 4-lb hammer fracturing it. This is to report medical treatment only.

2005 · 1 incident

November 9, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer POWERED HAULAGE
North Star One LLC · Struck against a moving object

While dumping load to construct barm, the truck lost power and backed over a 10' ledge. The operator struck his left knee against the dashboard resulting in a laceration.